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16. CAPITAL INCOMES
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16.1 DEFINITION Artt. 44 ss. TUIR
Category characterized by the absence of an exhaustive definition able to connote the essential characters. Possible definition Incomes from the exploitation of potential production potential of the capital according To forms that do not result in the consummation or the transformation of the source Relations with the civil notion of civil result (Art. 820 Co. 3 cc).
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16.2 THE 3 TYPES OF INCOME Capital incomes Interests and income of
funding profits from participation by companies and entities subject to IRES; other income arising from acts of exploitation and / or of asset and capital management.
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Art. 44 c. 1 lett. a, b, g-bis, g-ter, h, T.U. 917/1986
16.4 Interests incomes Art. 44 c. 1 lett. a, b, g-bis, g-ter, h, T.U. 917/1986 Interest income from loans, deposits and current accounts Interest income from bonds, government bonds and similar Income from repurchase agreements and swaps on securities and currencies Income from mortgage backed security Other interests and incomes from the investment of capital than those through which on can make positive or negative differences in the presence of an uncertain event. Art. 44 c. 1 letter. h. This is a closing provision to encompass the incomes of any contract that shows a relationship with the capital provided to an extent determined and not random
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16.5 LI UTILI DA PARTECIPAZIONE IN SOCIETÀ ED ENTI SOGGETTI AD IRES
Art. 44 c1. lett. e TUIR. Dividends and profits from the participation in the capital or assets of corporations, commercial and non-commercial entities if subject to IRES.
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individuals not in a business form
16.5 The taxation of profits from investments in companies and entities subject to IRES individuals not in a business form Qualifying participations: They bear to of taxable income in limit of 49.72% of their amount Non qualifying participations . the company who distributes dividends applys a withholding tax of 20% as a tax on 'full amount.
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