Legal Services for your Property in Calabria

At Calabria Property UK, a division of Overseas Property UK, we always recommend the use of an independent lawyer for international property transactions.

Appointing a lawyer

We believe it is absolutely essential that every individual buyer should receive independent legal verification that the property they intend to buy has good, clean title, has all of the appropriate planning in place and is completely free of the burden of debts or charges registered against it.

To this end, as part of every property viewing trip to Calabria, we will introduce you to the services of a fully independent, English speaking lawyer who has all of the necessary qualifications and experience to provide a comprehensive service giving you total security and peace of mind. You will of course have the option of selecting an alternative lawyer if you prefer.

Your legal & tax questions answered:

We have provided answers to some of the most frequently asked questions below. If you have a question that is not included here, please contact us and we will be very pleased to help.

Will the property be freehold?

Yes. All of our properties are freehold.

Is permission needed to buy property in Italy?

No. As an EU resident you are free to purchase property in Italy without gaining permission.

Do you have to be present in Italy to complete?

No. You can assign Power of Attorney to your lawyer who will be able to attend the signing of contracts and deeds at the Notary office and sign all relevant documents on your behalf. You will also need a fiscal code before you complete and your lawyer can obtain this from the tax office on your behalf.

What is the role of the Notary?

The Notary is a government official who must place on the public record that the property title deed recording the purchase has been signed in his or her presence and understood by the buyer and the seller, both of whom must be represented at the signing. Your lawyer can act on your behalf at this point if you have assigned the relevant Power of Attorney to them. Note that the use of the Notary is not a substitute for independent legal advice.

Can the property be inspected before completion?

Yes. Prior to completion you will be invited to inspect the property and inform the builder if anything is not to your satisfaction in order that this may be rectified. You are not required to make your final payment and complete until the terms of the purchase contract have been met in full.

Is it advisable to make a will in Italy?

Yes, this is highly recommended. You are allowed to have a separate Italian will which will deal only with your assets in Italy without replacing the main will you may have in your own country.

Does inheritance tax apply?

No. Inheritance tax was abolished by the Italian government in October 2001. Gift tax was also partly abolished meaning that no taxes are levied on gifts between spouses and other relatives to the limit of the fourth degree of the relationship. If the beneficiary is not related, gift tax is only payable on the value of the asset transferred which exceeds €180,760. There is no liability on the transfer of assets up to this amount or of a lesser value.

Is there tax on rental income?

If you let out a property in Italy, you will usually be taxed on 85% of the rental income received. A person not resident in Italy for tax purposes must still make a declaration of Italian income. At the time of going to press, a rate of 23% was payable on income up to €15,000. Please contact us for the latest rates.

Does capital gains tax apply?

Gains made on the disposal of Italian real estate are taxable unless the property has been owned for more than 5 years in which case it is exempt from capital gains tax in Italy. The main home is also exempt provided another main home is bought within one year of the sale.

Please Note

The above information is provided as a guide only and may be subject to change. You should consult your professional legal and tax advisors for the latest information.