jurisdiction
Updated on May 2022
Investment vehicle
- Real estate investment fund (REIF)
- Società di investimento a capitale fisso (SICAF)
1. Form
Real estate investment fund (REIF)
- Contractual
Società di investimento a capitale fisso (SICAF)
- Corporate
2. Tax Treatment
Real estate investment fund (REIF)
- Exempt at fund level
- Tax at investor level
- Proceeds distributed to certain categories of institutional investors (such as pension funds, and collective investment undertakings established in countries which allow adequate exchange of information, sovereign funds,) are exempted from withholding tax
Società di investimento a capitale fisso (SICAF)
- Exempt at fund level
- Tax at investor level
- Proceeds distributed to certain categories of institutional investors (such as pension funds and collective investment undertakings established in Italy and in countries which allow adequate exchange of information, sovereign funds,) are exempted from withholding tax
3. Transfer Tax
Real estate investment fund (REIF)
- VAT
- Registration tax
- Mortgage tax
- Cadastral tax
- Stamp duty
Società di investimento a capitale fisso (SICAF)
- VAT
- Registration tax
- Mortgage and
- Cadastral tax
- Stamp duty
4. Listable
Real estate investment fund (REIF)
- Yes
Società di investimento a capitale fisso (SICAF)
- Yes
5. Open- or closed-ended
Real estate investment fund (REIF)
- Closed-ended
Società di investimento a capitale fisso (SICAF)
- Closed-ended
6. Regulatory Supervision
Real estate investment fund (REIF)
- Requires regulatory approval
- Supervised by Bank of Italy
Società di investimento a capitale fisso (SICAF)
- Requires regulatory approval
- Supervised by Bank of Italy
7. Investor Restrictions
Real estate investment fund (REIF)
- Limited to professional investors (and to non-professional investors provided that the conditions set forth by the Decree of the Ministry of Economy and Finance no. 30/2015 are met) if structured as “Reserved” funds
Società di investimento a capitale fisso (SICAF)
- Limited to professional investors (and to non-professional investors provided that the conditions set forth by the Decree of Ministry of Economy and Finance no. 30/2015 are met) if structured as “Reserved” funds
8. Best Feature
Real estate investment fund (REIF)
- Tax exempt status at fund level
Società di investimento a capitale fisso (SICAF)
- Corporate vehicle
- Tax exempt status at fund level
9. Worst Feature
Real estate investment fund (REIF)
- Regulatory approvals
- Minimum real estate investment (66,6% in real estate assets, including inter alia, those arising from financial leasing contract, real estate companies (“società immobiliari”) and other real estate AIFs. Such percentage may be reduced to 51% when at least 20% of the AIF’s total asset is invested in financial instruments issued in connection with securitization transactions involving real estate assets/rights and/or or receivables guaranteed by mortgages.
Società di investimento a capitale fisso (SICAF)
- Regulatory approvals
- Minimum real estate requirement (66,6% in real estate assets, rights, including, inter alia, those arising from financial leasing contract, real estate companies (“società immobiliari”) and other real estate AIFs. Such percentage may be reduced to 51% when at least 20% of the AIF’s total asset is invested in financial instruments issued in connection with securitization transactions involving real estate assets/rights and/or or receivables guaranteed by mortgages.
10. Best Used For
Real estate investment fund (REIF)
- Real estate
Società di investimento a capitale fisso (SICAF)
- Real estate
Note: Proceeds distributed to certain categories of institutional investors (such as pension funds, and collective investment undertakings established in countries which allow adequate exchange of information, sovereign funds,) are exempted from withholding tax
Disclaimer: “Information in this guide for any particular country or topic may have been subject to change since the date to which it was prepared”