Is Fast-Tracking Your Italian Citizenship Application in Italy a Good idea?

If you are having a hard time finding an appointment with the Italian Consulate that has jurisdiction over the state where you reside, you may have heard that there is an option to set residency in Italy, apply at the “Comune," and possibly receive Italian citizenship faster than by going through the Italian Consulate. 

In fact, you may have been told that you only need to stay in Italy for a short period of time, perhaps less than six months, in other words, just temporarily.  Too good to be true? Maybe… 

Let’s review the residency requirements:

• The first component of the residency is based on physical presence in Italy, which must be regular and continuous, as opposed to sporadic and occasional.
• The second component of the residency is subjective: based on an individual’s intention to stay and live in Italy for the foreseeable future. To determine an individual’s intention to live in Italy on a regular basis, reference is made to numerous aspects, including but not limited to an individual’s conduct, social and personal habits, working relationships, family relationships, business, and personal activities.

What you may have not been told is the possible consequences deriving from becoming an Italian resident, despite the duration of the stay in Italy.

Recently the Italian Court of Cassation (Ordinance 1355/2022) has confirmed, that taking residency in Italy (meaning being registered with the Anagrafe office of the Comune) is a sufficient condition for being classified as a resident of Italy for tax purposes. In fact, a person is considered to be resident of Italy for income tax purposes if, for at least 183 days a year (184 for leap years):
•    They are entered in the National Registry of the Resident Population in Italy (Anagrafe), OR
•    They have their place of habitual abode, OR
•    They have their main center of interest and affairs in Italy

Please refer to the Italian Tax Agency website and the OECD Guidelines on Italian income taxes for more information. 

In addition to being a much more expensive option, because you are required to go to Italy, rent a place to stay, etc., you may end up owing taxes to the Italian government. Furthermore, your Italian citizenship can be revoked if it is ascertained that Italian residency was fictitious, i.e., non-continuous and irregular.

NOTE: Cancelling yourself from the National Registry of the Resident Population in Italy after having received Italian citizenship, also requires registering immediately with the A.I.R.E. (Registry of Italian Citizens residing abroad) of the Italian Consulate here in the U.S. that has jurisdiction over the State where you reside.