Newsletter - A landmark decision of the Italian Supreme Court of Cassation on tax aspects of triple net lease

The tenant claimed that such clause was in contrast with the ability to pay principle provided by article 53 of the Italian Constitution and with Law 392/1978 (the main Italian law concerning non-residential leases).

It is worth noting that the clause at issue regulates only the indirect taxes (including IMU) related to the property while income taxes would remain on the landlord.

See an analysis on the topic by our Real Estate Business Unit