The Adaptation of Directive 2022/2523 to the Italian Legal Order

A Critical Analysis of the Transposition of the Global Minimum Tax

Abstract

Legislative Decree No. 209 of December 27, 2023, implemented the global minimum tax regime contained in Directive (EU) No. 2022/2523, adapting it to domestic law. This adaptation process, however, raises critical issues regarding the correct interpretation of the provisions therein; more substantive issues, relating to the location criteria for the companies involved; and procedural issues relating to the application of the global minimum tax. In this context, potential conflicts with the constitutional principles of the Italian legal system (such as the principle of legality, the right to a statutory basis, and taxation according to ability to pay) and with Italian corporate income tax law have been identified. Furthermore, certain issues have been identified that could raise concerns regarding the correct classification and effects of the provisions introduced by the Legislative Decree.