🏛️Comparison between the Old and New Expats Regime: A Detailed Analysis

🔍 INTRODUCTION TO THE COMPARISON

The Expats Regime was introduced to attract qualified talent to Italy, enhancing the country’s economic and cultural competitiveness.

However, as of 2024, the legislation has undergone significant changes.

The transition from the old regime, governed by Article 16 of Legislative Decree 147/2015, to the new regime, introduced by Article 5 of Legislative Decree 209/2023, marks a turning point in the area of tax incentives aimed at workers choosing to return to Italy.

📜 REGULATORY FRAMEWORK: A STRATEGIC SHIFT

Old Regime

The old regime was an effective tool for attracting workers from abroad, offering significant tax benefits.

Its aim was to incentivize the return of qualified resources without requiring high professional standards, applying rather broadly.

New Regime

With the introduction of the new regime in 2024, the approach has changed.

The benefits have been reduced, the requirements are stricter, and access is now reserved for highly qualified profiles.

This reflects the intention to focus tax incentives on a narrower group, increasing selectivity.

🎓 ACCESS REQUIREMENTS: GREATER SELECTIVITY

Previous Tax Residency

• Old Regime: Required the absence of tax residency in Italy for the previous two tax years.

• New Regime: Extends the requirement to three tax years, increasing the interval of absence required.

Permanent Stay in Italy

• Old Regime: Required a minimum commitment of two years of tax residency.

• New Regime: Extends the commitment to five years, emphasizing the need for greater stability in returning to Italy.

Professional Qualification

• Old Regime: Accessible to employees, self-employed workers, and professional athletes, with no particular qualifications required.

• New Regime: Reserved for workers with high qualifications or specializations, as defined by Legislative Decree 108/2012. This limits access to a more exclusive niche.

Work Continuity

• Old Regime: No specific restrictions on continuity with previous foreign employment.

• New Regime: Imposes strict requirements for those working for the same foreign employer:

  • 6 years abroad if there was no prior employment in Italy.

  • 7 years abroad if there was prior employment in Italy.

💰 TAX BENEFITS: REDUCTION OF INCENTIVES

Reduction of Taxable Income

• Old Regime: Allowed a 70% exemption on taxable income, increasing to 90% for relocations to Southern Italy.

• New Regime: Reduces the exemption to 50%, with no preferential treatment for Southern Italy. For families with minor children, the exemption can reach 60%.

Duration of the Incentive

• Old Regime: Provided 5 years of incentives, extendable to 10 years for those meeting specific conditions.

• New Regime: Maintains the base duration of 5 years, but the extension is limited to an additional 3 years for individuals purchasing a residential property in Italy within 12 months of relocation.

Income Cap

• Old Regime: No maximum limit.

• New Regime: Introduces an income cap of €600,000 per year. Any income exceeding this threshold is taxed fully.

👥 CATEGORIES OF ELIGIBLE WORKERS

Old Regime

• Applicable to a wide range of subjects: employees, self-employed workers, and professional athletes.

New Regime

• Reserved exclusively for workers with high qualifications or specializations, explicitly excluding professional athletes.

🗓️ TRANSITIONAL REGIME: PROTECTION FOR 2023 TRANSFERS

For individuals who transferred their tax residency to Italy in the second half of 2023, the old regime applies, provided that:

• They were registered with the Italian registry office by December 31, 2023.

• For athletes, the employment contract was signed by the same date.

  
  

📊 EXPATS REGIME COMPARATIVE TABLE

Characteristics	Old Regime	New Regime
Previous foreign residency	2 years	3 years
Permanent stay in Italy	2 years	5 years
Reduction of taxable income	70% (90% in South)	50% (60% with minors)
Duration of the incentive	5 years + 5 (extension)	5 years + 3 (extension)
Income cap	No limit	€ 600,000 annually
Professional athletes	Included	Excluded
Qualification requirements	Not required	High qualification