Carried interest: inquadramento sistematico, chiarimenti di prassi e profili di criticità

The article offers a framing system of the tax regulation of carried interest. The discussion covers both the specific tax law and the practice of the Italian Tax Authority, which, over time, has provided numerous clarifications as to the requirements upon the occurrence of which the legal presumption of the tax qualification of carried interests as capital income or other income of a financial nature operates. However, it is precisely the absence of one or more of the requirements, laid down in the Italian tax legislation, that may give rise to an issue of income’s tax qualification. The paper analyses the copious tax practice in this area and identifies critical aspects.