Cripto-attività (Italy)
In Italian tax legislation, cripto-attività (crypto-assets) is the overarching legal term introduced by the 2023 Budget Law (Law No. 197/2022) to define all digital representations of value or rights subject to national tax obligations. Codified under Article 67, paragraph 1, letter c-sexies of the Italian Income Tax Consolidation Act (TUIR), this definition serves as the legal foundation for income taxation, wealth monitoring, and stamp duties in Italy.
Statutory definition (Art. 67, c. 1, lett. c-sexies TUIR)
Italian law defines a crypto-asset as:
«A digital representation of value or rights that can be transferred and stored electronically, using distributed ledger technology (DLT) or similar technology.»
This comprehensive formulation covers virtually all decentralized and cryptographic assets, categorizing them into a dedicated tax classification:
| Asset Category | Legal and Tax Qualification in Italy |
|---|---|
| Native Cryptocurrencies (BTC, ETH, SOL) | Full statutory crypto-assets; subject to LIFO gain calculations upon disposal |
| Electronic Money Tokens (EMT) | Fiat-pegged stablecoins; regulated under the EU MiCA framework as electronic money substitutes |
| Non-Fungible Tokens (NFTs) | Included under c-sexies definition unless structured as traditional financial instruments or unique art pieces |
| Governance & Utility Tokens | Classified as crypto-assets; taxable upon disposal or conversion into unequal assets |
Statutory obligations for Italian tax residents
Holding or trading assets qualified as cripto-attività triggers three distinct tax obligations:
- Capital gains taxation: Realized gains and holding proceeds are subject to the imposta sostitutiva regime using LIFO matching.
- Tax monitoring: Mandatory reporting of foreign financial accounts and self-custodial wallets for tax transparency and anti-money laundering purposes.
- Crypto wealth tax (IVCA): An annual wealth tax assessed on the statutory value of crypto holdings.
For practical calculation and tax declaration rules under Italian tax residency, see our dedicated guides on Calculating Capital Gains and Cost Basis and the Italian Crypto Tax Return Guide.
The information in this article is for general literacy only. It is not tax, legal, financial, or accounting advice and does not replace Agenzia delle Entrate instructions or advice from a qualified professional for your circumstances. It must not be used to evade tax obligations. We make no warranty as to accuracy, completeness, or currency; rules and practice can change. Do not file returns or make decisions based solely on this text. RIXTO is not liable for loss arising from use of, or reliance on, this information.