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Lugano: Lugano and Italy: The Lombard Hinterland

Lugano: Lugano and Italy: The Lombard Hinterland

Lugano and Italy: The Lombard Hinterland — a part of the book Lugano as an International Financial Centre by Dr Alexander Ressos.

Lugano and Italy: The Lombard Hinterland

Part H is the counterpart to the Geneva volume's part on Africa. Lugano's hinterland is Lombardy, Europe's wealthiest regional economy, and the relationship with Italy defines the city's business, legal work and labour market.

About the book

This part belongs to Lugano as an International Financial Centre by Dr Alexander Ressos, published here in full, section by section.

Lugano · Lugano and Italy

The Insubric Economy: Milan, Lugano and the Cross-Border Region — overview and summary

In the second quarter of 2026 the Canton of Ticino counted 79,121 cross-border commuters, persons who live in Italy and cross the border to work in the canton. Read more
Lugano · Lugano and Italy

The Insubric space and its institutions

The word Insubria goes back to the Insubres, a Celtic people from Transalpine Gaul who settled from about the fifth century BC in the plain between the Ticino river and Lake Como and whose principal… Read more
Lugano · Lugano and Italy

The border provinces

The Italian side of the border is prosperous and industrial. The province of Varese, which reaches from Lake Maggiore to the western shore of Lake Lugano, is one of the most industrialized areas of… Read more
Lugano · Lugano and Italy

Interreg Italia–Svizzera

The second institution of cross-border cooperation is financial. Since the 1990s the European Union's programmes of European Territorial Cooperation have included a programme for the Italian–Swiss… Read more
Lugano · Lugano and Italy

Lombardy and Milan: the economic hinterland

Lombardy is the economic heart of Italy. Its gross domestic product amounted to EUR 480.6 billion in 2023, about one fifth of the Italian total, and Il Sole 24 Ore calculated that the region alone… Read more
Lugano · Lugano and Italy

Milan as a financial centre

Milan is the financial capital of Italy. It is the seat of the Italian stock exchange, of the largest Italian banking groups' operational headquarters and of most of the asset managers, insurers, law… Read more
Lugano · Lugano and Italy

What the hinterland means for Lugano

The Lombard hinterland matters for Lugano in four ways. The first is the client base. Read more
Lugano · Lugano and Italy

The frontalieri: numbers, origins and sectors

The Italian word frontaliere (German Grenzgänger, French frontalier) has two legal meanings that practitioners must keep apart. Read more
Lugano · Lugano and Italy

Where the commuters live

Almost all of Ticino's cross-border commuters live in Lombardy and Piedmont. A Federal Statistical Office series analysed by the Italian press in 2026 counted 68,371 Lombard residents among the… Read more
Lugano · Lugano and Italy

Wages, substitution and the wage-dumping debate

Ticino is a low-wage canton by Swiss standards and a high-wage region by Italian standards. Both facts follow from its position between two labour markets. Read more
Lugano · Lugano and Italy

The instruments against wage dumping

Swiss law has three main instruments against "wage dumping", the term used in Ticinese politics for the payment of wages below the local customary level. Read more
Lugano · Lugano and Italy

Free movement and Ticino's political answer

The legal basis of today's cross-border labour market is the Agreement of 21 June 1999 between the Swiss Confederation and the European Community and its Member States on the Free Movement of Persons… Read more
Lugano · Lugano and Italy

"Prima i nostri"

Ticino's own answer came two years later. On 25 September 2016 the cantonal electorate accepted the popular initiative "Prima i nostri!" (Our people first), launched by the cantonal section of the… Read more
Lugano · Lugano and Italy

The limitation initiative of 2020

The last test of the free movement agreement at the ballot box was the popular initiative "For moderate immigration" (limitation initiative), which demanded the termination of the agreement. Read more
Lugano · Lugano and Italy

The agreement of 1974 and the ristorni

For almost half a century the taxation of Italian cross-border commuters in Ticino was governed by a short agreement of six articles: the Agreement between Switzerland and Italy on the taxation of… Read more
Lugano · Lugano and Italy

The economics of the old regime

The 1974 regime had a simple economic logic and two consequences that were less simple. For the commuter, it meant that the Swiss tax at source was the only income tax on the wage. Read more
Lugano · Lugano and Italy

The agreement of 23 December 2020

The Agreement between the Swiss Confederation and the Italian Republic on the taxation of cross-border workers was signed on 23 December 2020 together with a protocol amending the double taxation… Read more
Lugano · Lugano and Italy

"Old" and "new" cross-border workers

The political key to the agreement is the transitional regime in Art. 9. Persons who, on the date of entry into force or between 31 December 2018 and that date, were working or had worked as… Read more
Lugano · Lugano and Italy

The new municipalities and the substitute tax

Because the twenty-kilometre lists of the new agreement are wider than the old lists, about seventy Italian municipalities fall within the new border zone without having been border municipalities… Read more
Lugano · Lugano and Italy

The health levy and the ristorni dispute of 2026

The transitional regime of the 2020 agreement left Italy with a group of residents, the old cross-border workers, whose employment income it may not tax and who nonetheless use Italian public… Read more
Lugano · Lugano and Italy

The legal questions

The dispute raises three legal questions that will occupy the authorities and possibly the courts. The first is the characterization of the levy. Read more
Lugano · Lugano and Italy

Social security and health insurance

The social security of cross-border commuters is governed by the European rules on the coordination of social security systems, which apply between Switzerland and the European Union through Annex II… Read more
Lugano · Lugano and Italy

Health insurance and the option right

Health insurance follows the general rule as well: a cross-border commuter working in Switzerland is in principle subject to the compulsory Swiss health insurance under the Federal Act on Health… Read more
Lugano · Lugano and Italy

Campione d'Italia: an enclave between two systems

Campione d'Italia is an Italian municipality in the province of Como, situated on the eastern shore of Lake Lugano opposite the city and entirely surrounded by Swiss territory and Swiss waters. Read more
Lugano · Lugano and Italy

Customs and taxation since 2020

The legal status of Campione changed fundamentally on 1 January 2020. Until then the enclave had been part of the Swiss customs territory, under arrangements going back to the nineteenth century, and… Read more
Lugano · Lugano and Italy

Infrastructure, housing and the shape of the region

The daily movement of almost eighty thousand commuters has long been carried mainly by private cars. Read more
Lugano · Lugano and Italy

Malpensa and the airports

The international airport of the region is Malpensa, in the province of Varese, about forty kilometres from the Swiss border. Read more
Lugano · Lugano and Italy

Outlook

Three developments will shape the Insubric economy in the coming decade. The first is demographic. Read more
Lugano · Lugano and Italy

Italian Entrepreneurs in Ticino: Relocation, Exit and Residence — overview and summary

On an ordinary weekday morning the motorway from Como to Lugano carries two kinds of traffic that rarely appear in the same statistics. Read more
Lugano · Lugano and Italy

Why Italian entrepreneurs look to Ticino

The first motive that Italian entrepreneurs name is tax, although the comparison is less one-sided than the reputation of Switzerland suggests. Read more
Lugano · Lugano and Italy

Proximity, language and the Lombard network

The third motive is proximity. Lugano is about 70 kilometres from the centre of Milan and, since the opening of the Ceneri base tunnel in 2020, about an hour by train. Read more
Lugano · Lugano and Italy

Ticino's economic promotion and its conditions

Ticino does not simply wait for Italian businesses to arrive. Since the 1990s the canton has pursued an active economic policy, whose current instrument is the Law on Economic Innovation ( Legge per… Read more
Lugano · Lugano and Italy

Fondazione AGIRE, Tecnopolo and the Innovation Park

For smaller and younger companies the canton relies on the foundation AGIRE ( Fondazione AGIRE ), which coordinates the regional innovation system. Read more
Lugano · Lugano and Italy

Leaving Italy: the residence of individuals after 2024

Italian income tax is levied on residents on their worldwide income and on nonresidents only on income produced in Italy. Read more
Lugano · Lugano and Italy

Physical presence and the counting of days

The reform added physical presence as an independent criterion. A person who is present in Italy for the greater part of the tax period, which means 183 days or 184 in a leap year, is resident… Read more
Lugano · Lugano and Italy

The presumption for emigrants and Switzerland's status

For Italian nationals who moved to Switzerland the most serious obstacle was not Article 2 paragraph 2 but paragraph 2-bis. Read more
Lugano · Lugano and Italy

The falsi residenti: audits, case law and sanctions

Italian tax authorities call a person who claims a foreign residence that does not correspond to reality a falso residente (false resident). Read more
Lugano · Lugano and Italy

What the reform changes for these cases

The two decisions applied the old definition of domicile as the seat of business and interests. Read more
Lugano · Lugano and Italy

Arriving in Ticino: permits, registration and tax domicile

For an Italian national the right to live in Ticino follows from the Agreement of 21 June 1999 between Switzerland and the European Community and its member states on the free movement of persons… Read more
Lugano · Lugano and Italy

Tax domicile under federal and cantonal law

Swiss tax law defines personal tax liability by domicile or residence. Under Article 3 of the Federal Act on Direct Federal Taxation (DBG), a person has tax domicile in Switzerland if he or she… Read more
Lugano · Lugano and Italy

Moving the company: exit tax and transfer of seat

An entrepreneur who wants his business in Ticino has four basic routes. He may found a new Swiss company and let it grow while the Italian company continues and perhaps shrinks. Read more
Lugano · Lugano and Italy

Immigration under the Swiss Private International Law Act

Switzerland is among the states that accept the immigration of foreign companies. Under Article 161 of the Federal Act on Private International Law (PILA), a foreign company may subject itself to… Read more
Lugano · Lugano and Italy

The Swiss step-up and the problem of mismatch

Switzerland reacts to the immigration of a company with a step-up. Article 61a DBG, introduced by the TRAF of 28 September 2018, allows a company that begins Swiss tax liability to disclose its… Read more
Lugano · Lugano and Italy

New company, branch or holding: management and permanent establishments

Most Italian entrepreneurs who bring business to Ticino do so through a new Swiss company, either an SA or a Sagl. Read more
Lugano · Lugano and Italy

Permanent establishments in both directions

A Swiss company that is managed in Switzerland may still be taxed in Italy through a permanent establishment. Read more
Lugano · Lugano and Italy

The controlled foreign company rules in brief

Where an Italian resident controls a Swiss company, the Italian controlled foreign company rules of Article 167 TUIR may attribute the Swiss company's income to the Italian controlling person. Read more
Lugano · Lugano and Italy

Comparing the burden: Lombardy and Ticino

A comparison of the tax burden must start from the company, because most Italian entrepreneurs who consider a move own an operating company and draw their income from it. Read more
Lugano · Lugano and Italy

Capital gains, wealth and inheritance

The decisive difference lies in capital gains. Italy taxes capital gains of individuals on the sale of shares at 26 per cent. Read more
Lugano · Lugano and Italy

Property, people and the operating business

The Federal Act on the Acquisition of Real Estate by Persons Abroad of 16 December 1983, known after Federal Councillor Arnold Koller as the Lex Koller, restricts the purchase of Swiss real estate… Read more
Lugano · Lugano and Italy

Wages, posted workers and local rules

Ticino protects its labour market through rules that apply to every employer, including newly arrived Italian ones. Read more
Lugano · Lugano and Italy

Case studies

The following cases are hypothetical and anonymized. They combine features that recur in practice and show how the rules described in this chapter interact. Read more
Lugano · Lugano and Italy

Case 3: the software founder

D, aged thirty-two, has developed a software platform for logistics companies in a small Milan company that she owns with two friends. Read more
Lugano · Lugano and Italy

A practitioner's checklist for relocation

The first question is whether the client wants to move his life or only his tax position. Read more
Lugano · Lugano and Italy

The Double Taxation Convention, Its Protocol and Everyday Tax Practice — overview and summary

The tax relationship between Switzerland and Italy rests on a treaty that is older than most of the people who apply it. Read more
Lugano · Lugano and Italy

A convention of 1976 in the world of 2026

The convention of 1976 was negotiated at a time when the two states had very different ideas of what a tax treaty should achieve. Read more
Lugano · Lugano and Italy

Structure and covered taxes

The convention follows the structure of the OECD Model Tax Convention of 1963, with some features that are characteristic of Swiss treaty practice of the 1970s. Read more
Lugano · Lugano and Italy

The convention in the two legal orders

In Switzerland a ratified treaty binds the Federal Supreme Court and the other authorities applying the law from its entry into force without any act of transformation, so that the courts apply… Read more
Lugano · Lugano and Italy

Residence, the tie-breaker and the persons excluded

The convention protects only residents of the two states, and its first question is therefore always whether a person is resident in Switzerland or in Italy within the meaning of Article 4. Read more
Lugano · Lugano and Italy

The year of the move

Article 4 paragraph 4 contains a rule that is absent from the OECD Model and of considerable practical value. Read more
Lugano · Lugano and Italy

Certificates of residence and the burden of proof

A taxpayer who claims a treaty benefit must prove his residence. Both administrations rely on certificates issued by the other state's tax authority. Read more
Lugano · Lugano and Italy

Permanent establishment, business profits and associated enterprises

Article 5 of the convention defines the permanent establishment as "a fixed place of business in which the enterprise carries on its business wholly or partly". Read more
Lugano · Lugano and Italy

Home office, telework and the OECD update of 2025

Telework has created a further category of risk. An employee of a Swiss company who works from his home in Italy for part of the week may create a fixed place of business of his employer in Italy if… Read more
Lugano · Lugano and Italy

Business profits and the attribution of profits

Article 7 allocates business profits to the state of residence of the enterprise unless it carries on business in the other state through a permanent establishment situated there. Read more
Lugano · Lugano and Italy

Dividends, interest and royalties under the convention

Articles 10, 11 and 12 follow the same pattern. The state of residence of the recipient may tax the income without limit. Read more
Lugano · Lugano and Italy

Definitions and the beneficial owner

Article 10 paragraph 3 defines dividends as income from shares, jouissance shares, mining shares, founders' shares or other rights participating in profits, as well as income from other corporate… Read more
Lugano · Lugano and Italy

The relief clause of Article 23

Article 23 is the most unusual provision of the convention and one of the least known. Read more
Lugano · Lugano and Italy

Intra-group payments under the agreement with the European Union

The most important relief for groups with companies in Lugano and in Italy does not derive from the bilateral convention. Read more
Lugano · Lugano and Italy

Anti-abuse conditions and beneficial ownership

Article 9 applies "without prejudice to the application of domestic or agreement-based provisions for the prevention of fraud or abuse". Read more
Lugano · Lugano and Italy

Refund procedures in both directions

A treaty rate is worth only what the procedure delivers. The convention leaves the procedure for granting the reduced rates to the domestic law of each state and to arrangements between the competent… Read more
Lugano · Lugano and Italy

The Italian refund for Swiss residents

A Swiss resident who receives Italian dividends, interest or royalties may claim relief at source by delivering to the Italian withholding agent, before the payment, a declaration and a certificate… Read more
Lugano · Lugano and Italy

The 11/26 refund and the 1.2 per cent rate

Two features of Italian domestic law complicate the picture. First, a non-resident recipient of Italian dividends may claim a refund of up to eleven twenty-sixths of the Italian withholding tax if he… Read more
Lugano · Lugano and Italy

The Italian investor with a Swiss account

The typical client of a Lugano private bank is an Italian resident individual whose portfolio of shares, bonds and funds is booked in Switzerland. Read more
Lugano · Lugano and Italy

Interest, funds and the role of the Swiss bank

Interest on Swiss franc bonds and on deposits with Swiss banks is subject to Swiss withholding tax of 35 per cent, of which an Italian resident can recover 22.5 percentage points, leaving the treaty… Read more
Lugano · Lugano and Italy

Employment income, directors' fees and pensions

Article 15 paragraph 1 allocates salaries, wages and similar remuneration to the state of residence of the employee unless the employment is exercised in the other state. Read more
Lugano · Lugano and Italy

Directors' fees

Article 16 allocates directors' fees and similar payments received by a resident of one state in his capacity as a member of the board of directors or of a similar organ of a company resident in the… Read more
Lugano · Lugano and Italy

The Italian 5 per cent tax on Swiss pensions and capital benefits

Italian domestic law grants Swiss pension benefits a preferential treatment that makes Article 18 particularly favourable for Italian residents. Article 76 paragraph 1 of Law No. Read more
Lugano · Lugano and Italy

Pillar 3a, vested benefits and early withdrawals

The Italian 5 per cent rule covers AVS and LPP benefits. Benefits from the tied private pension provision of the third pillar (pillar 3a) and from vested benefits accounts ( conti di libero passaggio… Read more
Lugano · Lugano and Italy

Real estate, wealth and inheritance

Many Italian families own holiday homes on the lakes of Lugano and Maggiore, and some own rental property in Ticino as an investment. Read more
Lugano · Lugano and Italy

Wealth and the absence of a wealth tax in Italy

Article 22 of the convention covers taxes on capital. Paragraph 1 allocates capital represented by immovable property to the state in which it is situated, paragraph 2 movable property of a permanent… Read more
Lugano · Lugano and Italy

Relief, disputes and the newer international layers

Article 24 combines two methods. Italy applies the credit method. When a resident of Italy has income that may be taxed in Switzerland, Italy may include it in its tax base. Read more
Lugano · Lugano and Italy

Exchange of information

Article 27, as amended by the Protocol of 2015, allows the exchange of information that is foreseeably relevant for the application of the convention or of the domestic tax law of either state,… Read more
Lugano · Lugano and Italy

Worked examples and a practitioner's checklist

Signora A lives in Milan and holds a portfolio of Swiss blue-chip shares with a Lugano bank in her own name. In 2026 she receives gross dividends of CHF 40,000. Read more
Lugano · Lugano and Italy

Case 3: royalties to a Lugano brand company

Gamma SA in Lugano owns the trademarks of a fashion group and licenses them to Gamma S.p.A. in Como, which pays royalties of EUR 3 million a year. Gamma SA has held 30 per cent of Gamma S.p.A. Read more
Lugano · Lugano and Italy

Case 5: the Italian director of a Lugano company

Signor C lives in Varese and sits on the board of Delta SA in Lugano, for which he receives fees of CHF 60,000. Under Article 16 of the convention, Switzerland may tax the fees. Read more
Lugano · Lugano and Italy

Litigation and Enforcement Across the Border: The Lugano Convention and Judicial Assistance — overview and summary

The treaty that governs most civil litigation between Switzerland and the European Union carries the name of the financial centre that this book describes. Read more
Lugano · Lugano and Italy

A convention named after a city: from Brussels 1968 to Lugano 2007

The European Economic Community created its system of civil jurisdiction in the Brussels Convention of 27 September 1968. Read more
Lugano · Lugano and Italy

The revision of 2007

The Brussels Convention was transformed into Council Regulation (EC) No 44/2001 (Brussels I), which applied from 1 March 2002. The parallel Lugano Convention had to follow. Read more
Lugano · Lugano and Italy

Jurisdiction under the Convention: domicile, contracts, consumers and the race to court

The Convention applies in civil and commercial matters, whatever the nature of the court or tribunal. Read more
Lugano · Lugano and Italy

Consumers and the Lugano bank

The consumer rules of Articles 15 to 17 are the most sensitive part of the Convention for the Lugano private banking market. Read more
Lugano · Lugano and Italy

Employment, choice of court and appearance

The employment rules of Articles 18 to 21 matter for Ticino because of the large number of cross-border commuters from Italy. Read more
Lugano · Lugano and Italy

Recognition and enforcement: exequatur, refusal and the Italian payment order

Title III of the Convention separates recognition from enforcement. Under Article 33, a judgment given in a contracting state is recognized in the other contracting states without any special… Read more
Lugano · Lugano and Italy

The declaration of enforceability

Enforcement requires a separate step. Under Article 38, a judgment that is enforceable in the state of origin is enforced in another contracting state when, on the application of any interested… Read more
Lugano · Lugano and Italy

The Italian decreto ingiuntivo in Switzerland

The Italian payment order procedure under Articles 633 ff. of the Codice di procedura civile allows a creditor with written evidence of a claim to obtain from the court an order to pay without… Read more
Lugano · Lugano and Italy

Two speeds: the Brussels Ia Regulation, Brexit and the outer limits of the Convention

The European Union recast the Brussels I Regulation as Regulation (EU) No 1215/2012, known as Brussels Ia, which applies to proceedings instituted on or after 10 January 2015. Read more
Lugano · Lugano and Italy

The United Kingdom's failed accession

The United Kingdom left the European Union on 31 January 2020 and ceased to be bound by the Brussels instruments and by the Lugano Convention, as a member state, at the end of the transition period… Read more
Lugano · Lugano and Italy

Litigating in Ticino and in Lombardy: two codes of civil procedure

Until 2010 every Swiss canton had its own code of civil procedure, and Ticino's code of 1971 was the procedural home of generations of Lugano lawyers. Read more
Lugano · Lugano and Italy

Security for costs and the Hague Convention of 1954

A claimant who has no domicile or seat in Switzerland must, on request of the defendant, provide security for the defendant's party costs (Article 99(1)(a) CPC). Read more
Lugano · Lugano and Italy

The Swiss attachment: freezing the Lugano account of an Italian debtor

The attachment ( sequestro, German Arrest) under Articles 271 to 281 DEBA is the oldest and most effective protective measure of Swiss law for money claims. Read more
Lugano · Lugano and Italy

Conditions and procedure

The creditor must make credible ( rendere verosimile, German glaubhaft machen) the existence of the claim, the ground for attachment and the existence of assets belonging to the debtor (Article… Read more
Lugano · Lugano and Italy

Opposition and prosecution

The debtor and any third party whose rights are affected may file an objection to the attachment order with the court within ten days of becoming aware of it (Article 278(1) DEBA). Read more
Lugano · Lugano and Italy

Service of documents, taking of evidence and the sovereignty barrier

A judgment is only as good as the service of the document that started the proceedings. Read more
Lugano · Lugano and Italy

Article 271 of the Swiss Criminal Code

The Swiss insistence on official channels has a criminal law basis. Article 271(1) of the Swiss Criminal Code (SCC) punishes any person who, without lawful authority, carries out activities on behalf… Read more
Lugano · Lugano and Italy

The two exclusions: arbitration and insolvency across the border

Article 1(2)(d) excludes arbitration from the Lugano Convention. The exclusion covers the arbitral proceedings themselves, court proceedings in support of arbitration such as the appointment of… Read more
Lugano · Lugano and Italy

Insolvency outside the Convention

Bankruptcy, proceedings relating to the winding-up of insolvent companies, judicial arrangements and analogous proceedings are equally excluded from the Convention (Article 1(2)(b)). Read more
Lugano · Lugano and Italy

The Italian liquidazione giudiziale

On the Italian side, the Code of Business Crisis and Insolvency ( Codice della crisi d'impresa e dell'insolvenza, CCII), adopted by Legislative Decree No. Read more
Lugano · Lugano and Italy

Asset tracing and recovery: civil and criminal routes

The creditor who wins a judgment against an Italian debtor rarely knows where the debtor's assets are. Read more
Lugano · Lugano and Italy

Italian requests for mutual assistance

Most asset recovery between Italy and Switzerland runs through Italian criminal proceedings and requests for mutual assistance. Read more
Lugano · Lugano and Italy

Handover of assets under Article 74a IMAC

Seizure is only the first step. Under Article 74a IMAC, objects or assets seized as a precautionary measure may be handed over to the competent foreign authority on request, at the end of the mutual… Read more
Lugano · Lugano and Italy

The practitioner's toolkit: creditor and defendant on either side of the border

Most cross-border disputes are decided when the contract is drafted. A Lugano bank, asset manager or trading house that deals with Italian counterparties has three options. Read more