If you are having a hard time finding an appointment with the Italian Consulate that has jurisdiction over the state where you reside, you may have heard that there is an option to set residency in Italy, apply at the “Comune”, and possibly receive citizenship faster than by going through the Consulate.
In fact, you may have been told that you only need to stay in Italy for a short period of time, perhaps less than six months, in other words, just temporarily. Too good to be true? Maybe…
Let’s review the residency requirements:
1. The first component of the residency is based on physical presence in Italy, which must be regular and continuous, as opposed to sporadic and occasional.
2. The second component of the residency is subjective: based on an individual’s intention to stay and live in Italy for the foreseeable future. To determine an individual’s intention to live in Italy on a regular basis, reference is made to numerous aspects, including but not limited to an individual’s conduct, social and personal habits, working relationships, family relationships, business, and personal activities.
What you may have not been told is the possible consequences deriving from becoming an Italian resident, despite the duration of the stay in Italy.
Recently the Italian Court of Cassation (Ordinance 1355/2022) has confirmed, that taking residency in Italy (meaning being registered with the Anagrafe office of the Comune) is a sufficient condition for being classified as a resident of Italy for tax purposes. In fact, a person is considered to be resident of Italy for income tax purposes if, for at least 183 days a year (184 for leap years):
• They are entered in the National Registry of the Resident Population in Italy (Anagrafe), OR
• They have their place of habitual abode, OR
• They have their main center of interest and affairs in Italy
Please refer to the Italian Tax Agency website: https://www.agenziaentrate.gov.it/portale/web/english/residence-for-tax-purposes
and the OECD Guidelines on Italian income taxes: https://www.oecd.org/tax/automatic-exchange/crs-implementation-and-assistance/tax-residency/Italy-Tax-Residency.pdf
In addition to being a much more expensive option, because you are required to go to Italy, rent a place to stay, etc., you may end up owing taxes to the Italian government. Furthermore, your Italian citizenship can be revoked if it is ascertained that residency was fictitious, i.e., non-continuous and irregular.
NOTE: Cancelling yourself from the National Registry of the Resident Population in Italy after having received Italian citizenship, also requires registering immediately with the A.I.R.E. (Registry of Italian Citizens residing abroad) of the Italian Consulate here in the U.S. that has jurisdiction over the State where you reside.
After having considered the implications of taking residency in Italy, and you have concerns, keep in mind that there is an alternative option called “Denial of Justice”; it consists of filing a court action in Italy against the delay and request adjudication by the court if you have evidence that it is impossible to obtain an appointment within a reasonable timeframe at the Italian Consulate where you live, (this option does not require taking formal residency in Italy).
Finally, applying in Italy (Fast Track) is a great option for applicants who are moving there for real reasons other than just “skipping the Italian Consulate”; those who want to retire in Italy, those who want to live and bring up their children in Italy, those who are setting up their business in Italy. Italy is a great country, the land of your ancestors; it would be a wonderful experience for you and your family to move there and immerse yourself in the Italian culture and language. But, if that’s not your plan, be in the KNOW before choosing where to apply for Italian citizenship.
My Italian Family TOGETHER with Mazzeschi, our affiliate Law Firm in Italy, can assist you. During our years of collaboration, we have successfully helped many applicants like you, fulfilling their dream of becoming Italian Dual Citizens. We don’t just give advice, we handle all the purchasing and preparation of your entire portfolio of documents, whether you apply at an Italian Consulate here in the US or you apply in Italy (including 1948 Challenge Courts Cases & Denial of Justice). Our experience spans the past 20 years, and we have expert knowledge of what each Consulate requires, as well as what the Italian Courts require. TO GET STARTED AND FOR MORE INFORMATION, CLICK HERE.
Do you want us to evaluate your eligibility for Italian citizenship and provide you with a FREE personalized estimate & plan? If so, simply fill out our form and you will get a response from us within 48 hours.
Questions on how to get started? Book your FREE Consultation at your convenience.
© 2022 MY ITALIAN FAMILY, LLC. All rights reserved.