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Relocation and life in Italy

Residence permit for elective residence

The entry of foreigners into Italy is usually linked to reasons of work, study or family. However, there is an exception to the general rules: the residence permit for elective residence. This is a tool that allows those who do not need to work to settle in our country and live here permanently.

Elective residence is therefore one of the “special areas” found in the dense web of immigration law, which an expert lawyer in the field is able to recognize and recommend to their client so as not to be subject to the limits of the quotas established by the “decreti flussi”: an entry that not only is not based on work, but expressly excludes the need for it.

What is elective residence?

Elective residence is a legal condition of stay in Italy, provided for by Ministerial Decree no. 850/2011, which allows a non-EU foreigner to live in Italy permanently, provided that they have a property available in Italy and can support themselves without carrying out any work activity.

To access it, the foreigner must apply for a visa for elective residence at the competent Italian diplomatic or consular representation, and then, once the visa has been obtained and entry into Italy has taken place, within 8 days, apply for the residence permit for elective residence.

The residence permit in question generally has a duration of 1 year, is renewable upon expiry, and may also be extended to the applicant’s family members, the cohabiting spouse, minor children or dependent adult cohabiting children, provided that the declared financial situation is deemed adequate to support them all.

It is useful to note that elective residence is a legal instrument often connected to other matters of primary importance for foreigners: reference is made above all to international relocation. Boschetti International Law Firm, in fact, responds daily to requests for assistance from foreign citizens who wish to move to Italy, for example to spend their retirement here, entrusting us professionals not only with the immigration procedure concerning the issuance of the visa and residence permit for elective residence, but also with all those ancillary services (such as registry registration, request for tax code, registration with the National Health Service, and more) that are needed for full integration into the national community.

Furthermore, since the availability of a property to be elected as residence is required, the elective residence procedure is often connected with real estate consultancy and real estate investments for foreigners, as the assistance of a specialized International Law Firm makes it possible to safely face, without risks of unpleasant surprises or bureaucratic problems, the complex procedure of a real estate purchase in Italy for foreigners or the negotiation of a real estate lease.

Essential requirements to obtain the residence permit for elective residence

To live in Italy with a residence permit for elective residence, being a privileged option reserved only for foreigners who can live in our country by demonstrating that they can support themselves without having to work, it is necessary to prove specific requirements. Namely:

  1. the availability of a dwelling to be elected as residence in Italy. Such availability may derive from the purchase of a property, or alternatively from the signing of a rental contract duly registered with the Revenue Agency;
  2. the possession of substantial autonomous, stable and regular financial resources, reasonably expected to continue in the future.

Such resources, approximately not less than €31,000 per year, must come from:

  • ownership of substantial income (pensions, annuities);
  • ownership of real estate;
  • ownership of stable economic-commercial activities;
  • other sources different from employment.

These requirements must be proven through documents for elective residence, which our Firm examines in detail even before submitting the visa application, in order to prevent, or at least reduce, the risk of a refusal of elective residence.

Finally, it is necessary to demonstrate the intention to establish an actual, not merely formal, residence in Italy, and this requirement is generally verified by the Administration during the interview. From experience, in fact, we note that the residence permit for elective residence is often requested with Italy seen not as the actual place of future residence, but as a destination to visit occasionally, perhaps for purely touristic reasons. Well, it is important to highlight that the foreigner, once the residence permit for elective residence has been obtained, is obliged to stay on Italian territory for at least half of the validity period of the permit (for example, in the case of an annual “elective residence” permit, the foreigner cannot interrupt their stay in Italy for a continuous period of more than 6 months).

How the procedure to obtain the residence permit works

The first step to obtaining the residence permit for elective residence is to obtain the corresponding entry visa, that is, the visa for elective residence. The foreigner must personally submit an application to the Italian Embassy competent for the place of residence, attaching, in addition to the passport, suitable documentation proving:

  • the lawful availability of a property in Italy to be elected as residence;
  • the lawful availability of financial means, different from employment, on which the applicant can rely also for the future (e.g. annuities, pensions, dividends, income from financial investments, insurance policies, etc.)

Subsequently, the foreigner, with the visa affixed to the passport, may enter Italy. Within 8 days of entry, a mandatory deadline, he or she must apply for the residence permit for elective residence by completing a postal kit, which initiates an administrative procedure supervised by the Questura competent for the place where the elected residence property is located.

It is important to note that, following Decree-Law of October 21, 2020 no. 130 converted into Law of December 18, 2020 no. 173, today the residence permit for elective residence can be converted into a residence permit for work, where the foreigner intends to carry out work activity in Italy.

However, regarding the possibility of converting the residence permit for elective residence, since the rule (letter c) expressly refers to art. 11, paragraph 1, letter c-quater of the Regulation – which identifies as the only relevant source of income for the issuance of the permit the receipt of a pension in Italy – it is doubtful whether the Legislator intended to limit the possibility of conversion only to pensioners already holding a residence permit for employment, self-employment or family reasons, excluding foreigners who have obtained a specific entry visa for elective residence and related residence permit by virtue of other sources of income (such as annuities, real estate or other resources different from employment).

Typical scenarios / Case studies

The typical scenarios have been developed by drawing on the most significant corporate immigration cases that the firm regularly handles, with the aim of creating structured, complex examples that help the reader navigate their own situation. The case studies, by contrast, illustrate individual real-life matters, anonymised to protect client confidentiality, presented with full factual and contextual detail.

Relocation

US professional chooses Italy: elective residence obtained and future planned

American professional obtains an elective residence visa while maintaining ties with the USA. Integrated assistance from legal strategy to property search..

Application completed in approximately 3 months without additional requests
Business

US opera singer obtains work authorization in 7 days

American opera singer with contracts already signed with an Italian theatre. Self employment work authorization obtained on an urgent basis to meet professional commitments.

Work authorization issued within 7 days from submission of the application
Real Estate

US client purchases property in Rome: secure transaction

American client assisted in the purchase of a property in Rome. Urban planning issues and contractual risks identified and resolved before signing, transaction completed through notarial power of attorney.

Purchase completed within one month, entirely managed remotely
Business

American investor: from New York to a villa in Tuscany

Cross-border property transaction with full relocation service. Purchase of a high-end property, with tax status, residency and NHS registration handled remotely.

Complete relocation service, from property due diligence to handing over the keys
Retirement

Canadian couple, retirement property in Puglia

From Toronto to the Itria Valley. Purchase of a farmhouse with cadastral issues, 7% flat tax on foreign pensions, elective residence visa and healthcare transition.

7% flat tax activated, cadastral issues resolved before the deed of sale
Business

British entrepreneur, opening a business in Milan

Post-Brexit, a London-based tech entrepreneur establishes an operational headquarters in Milan. Immigration pathway as a non-EU national, company incorporation, and tax planning.

European operational hub established with self-employment visa successfully obtained
Tax Planning

Swiss retiree: 7% flat tax regime in Southern Italy

A banking executive relocates from Zurich to Calabria. Management of the Swiss occupational pension pillar, Italy-Switzerland Tax Convention, and deregistration from the cantonal tax register.

7% flat tax activated on all foreign-sourced income
Retirement

American couple: retirement project in Abruzzo with visa and flat tax

From Connecticut to Abruzzo. Elective residency visa, 7% flat tax coordinated with IRS and FATCA obligations, and transition from Medicare to the Italian NHS (SSN).

7% flat tax activated on Social Security and 401(k) pension income
Relocation

German couple, from Munich to Tropea

Retired engineers from the Bavarian automotive sector. Multi-tier pension management, Italy-Germany Tax Convention, and the 7% preferential tax regime.

Three German pension pillars optimised with Italian flat tax
Business

Startup tech: apertura filiale italiana per il mercato EU

A Bay Area SaaS company establishes a Milan headquarters. Innovative startup SRL, EU Blue Card for the team, transfer pricing, impatriates tax regime, and GDPR compliance.

Operational within 5 months, payroll cost −35% with impatriates tax regime
Business

Fashion brand, representative office in Milan

Brand premium newyorkese apre presidio a Milano. Strutturazione per evitare stabile organizzazione, trasferimento direttrice creativa e gestione showroom.

Rischio stabile organizzazione prevenuto, presidio EU operativo
Corporate

Manufacturing company, ICT transfers to Italy

Multinazionale giapponese trasferisce 3 figure chiave in Piemonte. Permessi ICT per manager e specialista, coordinamento consolare e regime impatriati per tutti i dipendenti.

3 trasferimenti completati in 4 mesi e mezzo, linea produttiva avviata nei tempi previsti

    How Boschetti International Law Firm can help you obtain the residence permit for elective residence

    Boschetti International Law Firm assists clients throughout the entire procedure for applying for the visa for elective residence and, subsequently, the residence permit for elective residence, also providing collateral professional services such as real estate consultancy and international relocation services.

    At each stage of the assignment, our principle is always that the success of a case is determined at the beginning: well begun is half done. For this reason, we strive to guide and assist our clients from the very first steps, in order to reduce as much as possible the risk of refusal of the visa for elective residence or the residence permit for elective residence, as well as to find the property most suited to their needs and help them with all the obligations necessary and preparatory for full integration in Italy.

    Our action protocol is as follows:

    • after an introductory meeting, which can also be held online, we provide consultancy in order to identify the list of documents to be attached to the application; once the documents have been collected, we check that the list is complete and that all legal formalities have been respected, including apostilles, translations, etc.;
    • we prepare the visa application form and assist the client in compiling the file that must then be submitted personally at the Italian diplomatic or consular representation of the applicant’s country of origin or permanent residence;
    • we also assess the opportunity to accompany the residence permit application for elective residence with other professional services of interest to the client, such as real estate consultancy or international relocation services (registry registration, request for identity card and tax code, registration with the National Health Service, stipulation of private insurance, search for schools or nurseries, international tax assistance, etc.);
    • once the visa has been obtained and entry into Italy has taken place, we assist the client in the application for the elective residence permit, from submitting the postal kit to physical accompaniment and legal representation before the competent Questura, up to the issuance of the permit and the achievement of every other entrusted objective.

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    Investor visa: how to prove the source of funds?

    The source of funds must be demonstrated through banking and financial documentation proving ownership, availability, transferability, and lawful origin of the capital: recent bank statements (typically covering the last 3 months), certifications from the financial institution, and documents evidencing the source of funds (income, sale of assets, donations, or other traceable transactions).

    For the Italian investor visa (minimum €500,000 in a company or €250,000 in an innovative startup), documentation must be in Italian or English (or officially translated) and verifiable. Authorities carry out anti-money laundering checks and also require proof of no criminal convictions and of the lawful origin of the funds.

    Real estate purchase as a foreigner: does buying a property grant a residence permit?

    No, purchasing a property in Italy does not automatically grant a residence permit. A non-EU national may freely buy property, subject to the condition of reciprocity, but residing in Italy requires an independent residence title: elective residence, investor visa, work, or another legal ground предусмотрed by law.

    However, owning property can be a useful requirement for several types of residence permits, particularly elective residence. It demonstrates a connection to the territory and satisfies the accommodation requirement, as well as indicating the availability of sufficient financial resources. Therefore, the purchase should be part of an overall immigration strategy.

    Foreigner buying property in Italy: what taxes apply and what incentives are available?

    A foreign buyer pays the same taxes as an Italian citizen: a registration tax of 9%, or reduced to 2% if the “first home” benefit applies; VAT at 4% or 10% if purchasing from a developer. In addition, there are mortgage and cadastral taxes (€200 each for a first home).

    The “first home” benefit is also available to foreigners, provided they establish residence in the municipality where the property is located within 18 months of purchase. Special tax regimes for new residents or inbound workers may offer further advantages on the taxation of foreign

    Elective residence based on property purchase: what is the minimum income required?

    There is no minimum amount set by law. The consulate assesses on a case-by-case basis whether the applicant has sufficient means to support themselves without working in Italy. In practice, an annual income from passive sources (pension, annuities, dividends) of at least €31,000 for a single applicant is generally considered sufficient, with higher thresholds for dependent family members.

    Elective residence is intended for individuals who wish to relocate to Italy without carrying out any work activity. Owning a property or having a long-term rental agreement strengthens the application. Proof of passive income sources is the key requirement.

    Opening a representative office in Italy: what are the tax obligations and advantages?

    A representative office does not carry out commercial activities in Italy: it promotes the business, gathers information, and manages relationships with clients and suppliers without entering into contracts. As it does not constitute a permanent establishment, it does not generate taxable income in Italy and is not subject to corporate income tax (IRES) or VAT on its activities.

    The advantages: a physical presence in the Italian market without direct taxation, low start-up costs, and no obligation to prepare separate financial statements. The obligations: registration with the REA (Economic and Administrative Index) at the Chamber of Commerce, keeping accounting records for expenses incurred, and filing withholding tax returns if employees are hired.

    Innovative startup in Italy: what tax incentives are available for foreign founders?

    Foreign founders of innovative startups may benefit from a 30% personal income tax (IRPEF) deduction (up to 50% in certain cases) on investments in the company’s capital, the favorable tax regime for new residents, and exemption from Chamber of Commerce fees and stamp duties for the first five years.

    The startup must be registered in the special section of the Companies Register and meet the requirements set out in Law Decree 179/2012, which are also verified by the Investor Visa for Italy Committee. As for immigration pathways, the investor visa requires a minimum investment of €250,000 in an innovative startup.

    The ItalyVisaInvestment website is owned by Studio Legale Boschetti and is the go-to resource for foreigners who wish to invest in Italy, obtain elective residence, or apply for an investment visa.

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