Tax Clarity on the Sale of Bare Ownership & Usufruct – A Unified Regulation Brings Legal Certainty

On July 29, 2025, the Italian Senate approved Article 1‑bis as part of the Decreto Fiscale AC 2460. This amendment officially clarifies that the simultaneous sale of usufruct and bare ownership (nuda proprietà) to two different buyers is to be treated as a single taxable transaction. The law will enter into force by August 16, 2025.

Key Implications

The reform prevents double taxation, which had been suggested by the Italian Revenue Agency in May 2025. From now on, the combined transfer of usufruct and bare ownership will be considered one unified sale for tax purposes.

Benefits for Owners, Buyers and Professionals

• No double taxation for sellers
  • Clearer contract structure and better planning reliability
  • Simplified processes for notaries and real estate agents
  • Greater legal certainty in family or inheritance transfers

Conclusion

With Article 1‑bis of the Decreto Fiscale, Italy brings greater clarity and fairness to real estate taxation. For property owners and buyers, this means less bureaucracy, more security, and a clearer framework for real estate transactions.

SANLUI Real Estate – Your trusted partner for secure real estate transactions in South Tyrol and Northern Italy.