With the reply to ruling no. 536, dated 06 August 2021, the Italian tax authorities provided clarifications on the correct treatment applicable for VAT and registration tax purposes to the transfer of trademarks registered in Italy included in a wider transfer of going concern carried out abroad.
In particular, in the reply to ruling in comment, the applicant is a company established in Switzerland which, with an act formed in Switzerland, sold its principal business, including also trademarks registered in the Italian Trademarks and Patent Public Register (hereinafter “ITPPR”), to a newly formed Swiss private company (hereinafter also “newco”). At the time in which the reply to ruling was submitted, the change in the ownership of the trademarks from the applicant to newco was not transcribed in the ITPPR. No other assets existing in Italy were included in the transfer of going concern. Moreover, neither the Applicant, nor newco have a permanent establishment in Italy.
Source PwC
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