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Riflessioni critiche sull'elemento temporale nella nozione di residenza fiscale

Translated title of the contribution: [Machine translation] Critical reflections on the temporal element in the notion of tax residence

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

Abstract

[Machine translation] The contribution carries out a systematic recognition of the function and relevance of the notion of residence in tax matters. Without prejudice to the undisputed value and the immediate contribution that the time requirement certainly makes in the definition of a personal criterion that is the expression of a “qualified” link with the territory of the State and that, therefore, justifies the levy requested in full and totalizing form, it is emphasized that the same is a harbinger of criticism not only in the aforementioned interaction with the regulation of tax substitution, but also with cases related to events affecting the status that occurred during the tax period ( inbound or outbound transfer) since in these cases it is not uncommon for the requirements established in the State of departure and the State of destination to be intertwined, making the taxpayer consider themselves to be fiscally resident in both legal systems or generating phenomena of (temporary) fiscal statelessness. These critical issues lead, therefore, to verify, in an innovative way, whether the time requirement becomes a consubstantial connotation with the notion of tax residence or if that “durable” or rather “intense” link with the legal system that it is called to detect, can otherwise be expressed through the adoption of a different approach, which declines the necessary assessment of the “intensity” of participation in terms of a more conscious enhancement of the intrinsic aptitude to elaborate such a judgment already assumed by the same criteria of determination of residence. A rethinking of the current approach also seems to be driven by the current economic scenario, in which relocation is increasingly frequent and where new forms of wealth call every tax system to transform, in order to respond promptly to the increasing difficulty of ascertaining the overall situation of the subject not only with respect to renewed indices of contribution capacity but also in view of the different attitude of the behavior of economic operators, which is becoming increasingly dynamic and resistant to confinement.
Translated title of the contribution[Machine translation] Critical reflections on the temporal element in the notion of tax residence
Original languageItalian
Title of host publicationPer un nuovo ordinamento tributario
PublisherCEDAM
Pages325-340
Number of pages16
ISBN (Print)9788813365882
Publication statusPublished - 2019

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