Italy: Cassazione rules gift tax applies to declared wealth transfers

The Italian Court of Cassation, through ordinance n. 15315/2026, has clarified that declaring the receipt of a wealth transfer without consideration during a tax audit is sufficient to trigger gift tax. The ruling establishes that the objective fact of a gratuitous transfer of assets is enough to apply the tax, even if the taxpayer does not explicitly label the transaction as a “donation” or is unaware of the tax implications of their statement.

Under this ruling, such declarations made during discussions with tax authorities or in defensive memorandums can lead to the application of an 8% tax rate on indirect gifts.