Residenza: what is exactly under Italian Law?

Feb 22, 2021

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. If an individual spends time both in Italy and in another country, the periods of presence outside of Italy are calculated and compared with the periods of presence in Italy to see which one is prevalent.

The second component of the residency is subjective; based on an individual’s intention to stay and live in Italy for the foreseeable future. In order to determine an individual’s intention to live in Italy on a regular basis, reference is made to a number of things, including but not limited to an individual’s conduct, social and personal habits, working relationships, family relationships, business and personal activities.

The place of residency (residenza) is where the person has his/her “usual living” (“dimora abituale”). That is to say, where the person and family live on a day to day basis (art. 43 of the Civil Code). The current place of residency is an exact address usually corresponding to a residential building (it cannot be an office). It is not enough to show the intention of residing in a particular place; this must be assessed on the basis of objective grounds (i.e. the person/s must be physically present at the chosen address)

Reference:

• In accordance with art. 43 of the Civil Code, the residency is the place where the person has his/her “usual living” (“dimora abituale”) while the domicile (“domicilio”)is the place where the person has established the center of his business and personal affairs. 
• According to art. 13, DPR 223/1989, the party should notify the local town hall of the residence transfer abroad.
• The residence is the where the person and family live on a day to day basis. According to the Case Law, the residence should be assessed on the basis of objective grounds (current place of residence is an exact place) and not as a subjective choice by the individual, i.e. his mere intention of residing in a particular place without being supported by objective grounds;
• According to art.11 of DPR 223, the person may be cancelled from the civil residence registry when the party is “unattainable for the general population census in which case   after several verifications, the person still results as being unattainable”

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