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Withholding agent: essential information for Italy

June 6, 2024

5 min

Withholding agent: essential information for Italy
Beginner

What does acting as a withholding agent mean, and how does this role work in tax systems? Withholding agents are vital in the Italian tax landscape, allowing the state to streamline the tax collection process. For citizens, withholding agents simplify tax refunds and significantly reduce the risk of penalties.

But there’s more! If you’re an investor, you may be looking for brokers who act as withholding agents to simplify tax filing on your investments.

What is a withholding agent?

Definition: A public or private entity that acts on behalf of a taxpayer by handling tax payments directly to the government.

Most people interact with withholding agents, perhaps without realising it. These agents make paying taxes easier for taxpayers, which is exactly why this system was introduced in the 1970s. As previously noted, a withholding agent is a party that substitutes the taxpayer by handling payments to the tax authorities, thereby simplifying the taxpayer’s obligations.

Who are the most common withholding agents?

Let’s look at some common examples of withholding agents to understand the concept better, starting with the most straightforward and familiar: the employer.

An employer withholds taxes from an employee’s gross salary and pays them to the state. Employees don’t have to declare their monthly salary or pay associated contributions directly. The employer, whether public or private, handles this on the taxpayer’s behalf.

Banks, intermediaries, and advisors can also act as withholding agents in the financial world. They manage tax calculations and payments on behalf of clients, making the tax process easier for them.

Lastly, the INPS (Italian National Social Security Institute) also acts as a withholding agent when it issues pension payments, unemployment benefits, or other allowances, handling tax obligations and other deductions on the taxpayer’s behalf.

How does a withholding agent work?

Now that we’ve defined a withholding agent, let’s examine how they operate. What are their main tasks for both taxpayers and the government?

Employers withhold the necessary amount from employees’ salaries and pay this amount directly to the tax authorities. This deduction occurs “at source” before the salary is issued.

The process differs slightly based on the type of worker:

  • Employees: The tax owed is withheld from the employee’s pay. As a result, they receive their net salary, which is less than the gross salary (known as RAL or Retribuzione Annua Lorda) stated in their contract. The net salary accounts for personal income tax (IRPEF) and local taxes.
  • Freelancers: When a freelancer issues an invoice with a 20% withholding tax, they receive only 80% of the amount, with the remaining 20% being remitted directly to the tax authorities.

Obligations of a withholding agent

How should withholding agents ensure compliance with tax regulations? They must certify that they have indeed made the tax payments on behalf of those they represent. They can do so via two main documents:

  • Form 770: This form varies depending on the income type. The simplified form is sufficient for income from employment. The standard form must be used if other income sources, such as dividends, are included.
  • Single Certification (CU): This document certifies that the employer has paid the taxes on behalf of the employee.

Finally, it’s essential to mention Form 730, which employees and pensioners use to declare the party acting as their withholding agent. For employees, this is usually completed by the employer; for pensioners, it is handled by INPS.

Withholding agents and investments

Understanding what a withholding agent does also means understanding how they operate in the financial sector. When investing in stocks, bonds, or cryptocurrencies, knowing how capital gains taxes are applied and the associated deadlines is crucial. For instance, the capital gains tax rate is 26% on crypto investments and 12.5% on government bonds.

How investment taxes are handled depends on the broker or exchange platform used. If a broker acts as a withholding agent, they manage all tax obligations. If not, the investor is responsible for filing their transactions in their tax return and paying the tax owed.

At Young Platform, we aim to become one of the first exchanges to provide this service for our users. Although this feature has yet to be available, we offer various tools to simplify our clients’ tax filing on crypto transactions.

Conclusion

In summary, withholding agents play a fundamental role in the Italian tax system, significantly reducing administrative burdens for both the state and citizens. Additionally, in the investment world, having intermediaries that act as withholding agents can greatly simplify tax management for investors.

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