Taxation of Income from Illegal Activities: Commentary on Ordinance No. 307 of 2025

Recently, Ordinance No. 307 of January 8, 2025, has drawn attention in the field of tax law, particularly regarding the taxation of income derived from illegal activities. The Court established important principles regarding the tax period and the criteria for identifying tax liability. This article aims to clarify the content of the ruling, making it accessible even to those who are not experts in the field.

The Context of the Ruling

In the ordinance under examination, the appellant M. (M. C.) contested the decision of the Regional Tax Commission of Venice, which had rejected his appeal. The central issue concerned the allocation of income derived from illegal activities for the purposes of the Personal Income Tax (P.I.T.). The Court, chaired by M. C., confirmed that the tax period to which such income should be attributed must be determined based on the moment when the taxpayer gains availability of the income.

The Ruling's Principle

Income derived from illegal activities - Taxation - Tax period - Identification - Criteria. In terms of P.I.T., the tax period to which income, consisting of proceeds from illegal activities, should be attributed, must be identified by reference to the moment when availability of the income is acquired, coinciding with the realization of the taxable event established by Article 1 of Presidential Decree No. 917 of 1986.

This principle underscores a fundamental concept: income derived from illegal activities is not exempt from tax liability. The Court emphasizes that taxation must occur at the moment when the taxpayer has economic availability of the income, and not when it is realized. This approach is based on the current regulations, particularly Article 1 of Presidential Decree No. 917 of 1986, which establishes the criteria for income taxation.

Practical Implications of the Ruling

The practical consequences of this ordinance are numerous and deserve attention. Here are some key points:

  • Illegal income must be declared and taxed like any other income.
  • The moment of taxation is linked to availability, which implies that the taxpayer must be aware of their tax situation.
  • The ruling reiterates the importance of proper tax planning, even in sensitive contexts such as that of illegal income.

In summary, Ordinance No. 307 of 2025 clarifies that the Tax Administration has the right to tax income derived from illegal activities, emphasizing the importance of responsible and informed tax management.

Conclusions

In conclusion, Ordinance No. 307 of 2025 represents an important step in Italian tax jurisprudence. It clarifies that income derived from illegal activities cannot be considered exempt from taxation and establishes clear criteria for the allocation of income. This sends a strong message to all taxpayers: tax responsibility cannot be ignored, regardless of the nature of the income.

Bianucci Law Firm