Choice of the legal form
The choice between setting up a new company and appointing a tax representative is not a question of mere fiscal advantage, but an obligation linked to running any business activity. Italian law provides for different types of legal entity that may conduct business in Italy, as in other countries, with important similarities within the EU.
The most common are:
Società a Responsabilità Limitata (S.r.l.)
An organisational form characterised by the partial division of responsibilities between the shareholders (representing the owners) and the administrative body (management).
Società per Azioni (S.p.A.)
Same characteristics as stock companies with a clear distinction of responsibilities between the shareholders and the management.
Obligations
Establishment of a tax status. Any legal entity that conducts business in Italy must present the appropriate documentation to the Financial Authorities (Agenzia delle Entrate) in order to be assigned an Italian VAT number and tax code.
Registration in the R.E.A (Repertorio delle notizie economiche ed amministrative) and the Registro delle Imprese, both held at the Chamber of Commerce (Camere di Commercio) in every province. These procedures are both a form of publicising the company and a safeguard for all businesses that require assurances about the real existence of a company (commercial, industrial, etc.).
Registration with the social security and health and safety at work institutes:
• Istituto Nazionale per la Previdenza Sociale (INPS)
• Istituto Nazionale per l'Assicurazione contro gli Infortuni sul Lavoro, (INAIL)
in order to protect and guarantee the social security ervices due to employees.
It should be noted that these procedures can also be completed on line, making the transfer of data fast and simple.
OTHER STARTING SERVICES
• Advice on the best coporate structure, taking account of marketing objectives, domestic circumstances and tax position;
• Company formation and registration for payroll and sales taxes (VAT).
• Introduction to banks.
• Introduction to, and liason with, other key professional such as lawyers, trademark and patent agent, insurers and marketing consultants.
• Company successors.
• Leasing models.
• Establishing of foundations.