LOGISTICS CENTRE AND PERMANENT ESTABLISHMENT

The Italian tax authority has analysed the topic of a permanent establishment created with reference to an investment plan by a multinational group divided into three distinct stages: (i) at the first stage the production of the consociated company Alfa already resident in Italy will be increased, (ii) at the second stage a new production line will be introduced and at the (iii) final stage a storage and distribution centre to be used as a platform for distributing the products of a foreign subsidiary Beta which are distributed in various part of the world will be created. On the matter the tax authority has clarified that the situation described does not create a material permanent establishment in Italy of the foreign subsidiary, as long as the subsidiary does not store, display or deliver goods in the name of other companies and/or collect orders or sell its own products in the logistics centre. Likewise, the tax authority has excluded the existence of a personal permanent establishment as long as “no subject other than an independent agent (…) has the authority to conclude contracts in Beta’s name or to legally bind or represent it with third parties (Resolution no. 4/E/2017).