Ilan Leibovitch & Co.Lawyer and real estate developer

Legal counsel for real estate transactions in Italy

Rome

Israeli buyers come to Italy for different reasons: an apartment in Milan or Rome, a holiday home or a rental property. The transaction closes with a notarial deed (rogito) before a notaio, a public notary, and before that come a preliminary agreement, registry searches and tax planning in both countries. We support you from Israel and coordinate the work with locally licensed lawyers and notaries.

  • Closing the transaction
    Rogito before a notaio
  • Registration tax on a purchase from a private seller
    9% (2% on a first home, subject to conditions)
  • Israeli buyers
    Permitted, subject to reciprocity
  • Double taxation treaty
    Signed in 1995, in force since 1998
Pl. I · Rome

Why Israelis choose Italy

Italy draws Israeli buyers with its proximity, its culture and a wide range of properties, from a city apartment to a country house. But the Italian market is highly local: municipal property tax is set by each municipality, short-term letting has its own rules, and the registered status of an older property does not always match what is on the ground. What decides whether a transaction succeeds is the review done before the compromesso is signed, not after.

What to know before you enter

  • Buyers who are not EU citizens are subject to a reciprocity condition (reciprocità). The Italian Ministry of Foreign Affairs states that Israel places no legal restrictions on Italians acquiring real estate, other than State-owned land. The notaio checks the condition before signing.
  • The compromesso, the preliminary agreement, binds both parties and is registered with the tax authority within 30 days. The terms of the deposit (caparra) and of cancellation need to be settled before signing.
  • The deed of sale must include a declaration that the property matches its registration and floor plan in the catasto (conformità catastale); otherwise the deed may be void. Building irregularities and discrepancies only come to light through a proper check.
  • Registration tax (imposta di registro) on a purchase from a private seller is 9%. The reduced 2% rate (prima casa) depends, among other things, on living in the municipality where the property is located or moving there within 18 months. On a purchase from a developer, VAT (IVA) sometimes applies instead of registration tax.
  • IMU, the annual municipal property tax, applies to any property that is not your main residence, and the rate is set by each municipality.
  • Short-term letting requires a national identification code (CIN) from the Ministry of Tourism, which must be displayed at the property and in every listing.

How we support you in Italy

  1. 1

    Codice fiscale and documents

    Obtaining an Italian tax code, which can also be requested through the Italian consulate in Israel.

  2. 2

    Due diligence

    Searches in the land registry and the catasto: ownership, encumbrances, cadastral conformity and permits.

  3. 3

    Preliminary agreement (compromesso)

    Reviewing and drafting the agreement, the deposit terms, conditions precedent and the date of the rogito.

  4. 4

    Signing before the notaio

    Coordinating the rogito, in person or by power of attorney, and registering title in your name.

  5. 5

    Tax in Italy and Israel

    Registration tax or IVA, and IMU, in Italy. In Israel, reporting foreign rental income and weighing the 15% track against a credit for the Italian tax.

  6. 6

    Coordination with local professionals

    Working with locally licensed lawyers and notaries, with a single point of contact for you.

Adv. Ilan Leibovitch is an Israeli attorney. Advice and acts under local law are carried out by lawyers and notaries licensed in the relevant country, coordinated by the office.

How it works in Italy

  1. 1

    Codice fiscale

    An Italian tax code, required for any transaction and for opening a bank account.

  2. 2

    Due diligence

    Registry, catasto, permits, debts and the reciprocity condition.

  3. 3

    Preliminary agreement (compromesso)

    A binding agreement with a deposit, registered with the tax authority within 30 days.

  4. 4

    Signing the rogito

    The deed of sale before the notaio, in person or by power of attorney.

  5. 5

    Registration and taxes

    Registering the transaction and paying the purchase taxes, through the notaio.

Why us

The steps Italian law requires, such as the rogito and representation before the authorities, are carried out by locally licensed notaries and lawyers in Italy. Our role is to bring the whole picture together: to review the transaction from the perspective of an Israeli buyer, to coordinate between the parties, and to build the structure and the reporting under Israeli law. Adv. Leibovitch is also active as a real estate developer, and brings to each transaction the questions a developer asks before signing.

Frequently asked questions

Can an Israeli buy property in Italy?

Yes. Buyers who are not EU citizens are subject to a reciprocity condition, and according to the Italian Ministry of Foreign Affairs, Israel places no legal restrictions on Italians acquiring real estate, other than State-owned land. The notaio checks the condition before signing, and we check it at the very first stage.

Do I need to travel to Italy to sign?

Not necessarily. You can sign through a power of attorney executed in Israel, with the certifications and translation the notaio requires. The codice fiscale can also be requested through the Italian consulate.

Can I benefit from the prima casa relief?

The relief reduces registration tax from 9% to 2%, but it depends, among other things, on the property being in the municipality where you live, or on you moving your residence there within 18 months. Someone who does not intend to live in Italy will usually not meet this condition, so it is important to check this before calculating the costs.

Is there a double taxation treaty between Israel and Italy?

Yes. The treaty was signed in Rome in 1995 and entered into force in 1998. It does not remove the duty to report in Israel, but it determines which country may tax and how you receive a credit for tax paid in Italy.

Considering a transaction in Italy?

A sound international transaction begins long before signing. A short introductory call will clarify whether, and how, we are the right firm to support you.

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