Self employment for non Italian residents

First thing to do if you are looking for an Italian self employment visa is to get your Fiscal Code.

GLOSSARY

• attestation of the parameters of reference: the declaration by the area Chamber of Commerce of the financial resources the applicant must show to have in Italy to begin the activity chosen;
• certification of the employment contract-type: the stamp applied by the Provincial Employment Authority on the employment contract type certifying that the employment contemplated is not subordinate;
• inflow decree: the decree signed by the President of the Council of Ministers that yearly specifies the maximum number of foreign national workers allowed into Italy;
• declaration of absence of impedimental reasons: the declaration issued by the appropriate authority stating that there are no reasons preventing start-up of the work chosen;
• declaration of responsibility: the document in which the company’s legally appointed representative, or the employer, states that by virtue      of the contract with the foreign national, no relationship of subordinated employment will be entered  into;
• declaration of local worth: the synthetic document certifying the authenticity and legitimacy of the professional training qualifications and their local worth for the profession, issued by the appropriate Italian diplomatic body in the country where the qualification was obtained;
• municipal registration: the document by which the municipal registry office certifies that the applicant normally resides there.
• non-impediment: the written declaration by the appropriate public authority that there is no reason to prevent another authority taking certain measures or a private individual conducting a certain activity;
• chamber certificate: the attestation that the company is on the Company Register of the Chamber of  Commerce;

WHAT IS SELF-EMPLOYMENT?

Self-employment is work or service performed directly, without the constraints of subordinated employment. The universe of self-employment, in the sense of work outside the traditional employer/employee relationship, includes:

– entrepreneurship

– hand-crafting

– trade and commerce and

– the professions both regulated and non-regulated

Italian law makes it possible for foreign nationals to “work in an industrial, professional, artisan or trade capacity, set up profit-making companies or partnerships, or become a company office bearer” (Art 26 (2) Legislative Decree 286/1998, hereinafter Unified Text).

Anyone wishing to set up in self-employment of any kind must possess the kind of stay permit that allows him/her to do.

HOW TO GET STARTED IN REGULAR SELF-EMPLOYMENT IN ITALY

1. NON-EU FOREIGN NATIONALS  ALREADY  IN  ITALY

Foreign national holders of permit to stay for study or training who intends working in self-employment can request that their stay permit be converted by applying on line to the Counter for Consolidated Procedures (Sportello Unico) for Immigration of the relative area prefecture (by the date appearing on the Inflow Decree).

Applicants must follow the procedure in the www.interno.it website by filling in form (modulo) Z (verification of the quota for self-employment and certification  of requisites held) or Z2 (for foreign nationals with an Italian degree or specialised degree, or foreign nationals regularly domiciled in Italy on coming of age). The Instructions for Use can be consulted on the website as can the status of one’s application.

On receiving the application, the Sportello Unico for Immigration will verify whether the applicant possesses the necessary requisites and if so, will summon him/her for a meeting. Whatever the nature of self-employment intended, the applicant must produce the following documents at this meeting:

1. receipt of the payment of stamp duty of 14.62 euros that authorised retailers (tobacconists for example) pay on line;
2. current original stay permit for study or training of the applicant;
3. current identity document of the

OTHER REQUIRED DOCUMENTS

The applicant must also produce another series of documents at the meeting that will vary in accordance with the nature of self-employment intended, as follows:
a) entrepreneur, trader, artisan craftsman
· attestation of the parameters of reference issued by the relative Chamber of Commerce;
· proof of possession of the financial resources indicated in the Chamber of Commerce attestation (for example on an Italian current bank account, a rent contract, salary for subordinated work for a maximum of 20 hours per week etc.);
· if the nature of work requires qualifications, licences or authorisations, the applicant must possess the declaration of absence of impedimental reasons, issued by the proper authority (Chamber of Commerce for wholesale trading, the Municipality for retail trading etc.);
· proof of having a higher income than the legal minimum for exemption from health-service contributions.
b) Partner, company director or company office bearer.
· declaration by the appropriate public authority attesting possession of the neces- sary requisites provided by Italian law for working including, where necessary, the requisites for those who intend to become partners or directors of newly established companies or partnerships;
· attestation, where required, of the parameters of reference specified by the Chamber of Commerce for the availability of financial resources required for foreign nationals intending to become partners or directors of companies or cooperative partnerships;
· copy of the articles of association of the company;
· certificate of company enrolment in the Company Register, only if the company has been active for 3 years or more. (Chamber certificate);
· declaration by the company’s legally authorised representative that the partner, managing director or office bearer is assured a higher income than the legal mini- mum for exemption from health-service contributions.

copy of the company’s most recent year-end accounts (for a profit-making company) deposited with the Company Register in the Chamber of Commerce, or the latest tax return (for single trader), showing that the profit or income is sufficient to guarantee retribution;

copy of the declaration of responsibility, submitted to the Provincial Employ- ment Authority in which the legally authorised representative of the company must specify that by virtue of the contract no relationship of subordinated employment will be entered.

c) The professions
· Proof of having a higher income than the legal minimum for exemption from health-service contributions;
· If the profession is regulated, a declaration issued by the appropriate licensing authority;
· If the profession is not regulated, the qualification or professional certifica- tion and documentation for the profession carried out (curriculum, contracts, references etc.);
· Copy of the VAT certificate if required to practise the profession.

d) Contract for practising the profession, contract for a specific project or consultancy
· certificate that the company in whose name work is being done has been enrolled in the Company Register of the Chamber of Commerce (Chamber certificate);
· employment contract which assures the self-employed worker a higher retribu- tion than the legal minimum for exemption from health-service contributions;
· For project-related contracts: description or attachment of the project;
· Copy of the company’s latest year-end accounts (if a profit-making company) deposited with the Company Register, or the latest tax return (if a sole trader), proving that the profit or income is sufficient to guarantee retribution;
· copy of the declaration of responsibility, sent to the appropriate Provincial Employment Authority in which the legally authorised representative of the company must specify that by virtue of the contract no relationship of subor- dinated employment will be entered into.

With other permits to stay

Persons who possess another type of current stay permit (see list below) may also work in self-employment for as long as it is in force without converting or rectifying it:

· Stay permit for subordinated non-seasonal employment
· Stay permit for family reasons
· Stay permit for “child assistance”
· Stay permit for refugee
· Stay permit pending employment
· Stay permit for subsidiary protection

When these permits come up for renewal they must be converted into permits for self-employed work except for the child assistance, refugee and subsidiary protection permits.
In addition to a regular stay permit, the applicant must also possess the additional documentation required by the kind of self-employed work he/she intends to do as specified in case a).
Non-EU family members of EU nationals can also do self-employed work provided they are registered in the municipality where they reside.

2.  NON-EU NATIONALS NOT IN ITALY

a) Arrival for self-employed work within the immigration quota (inflow decree)

Foreign nationals wishing to come to Italy to become self-employed in one of the activities provided by the annual inflow decree must obtain an entry visa for self-employment from the Italian embassy or consulate of their own country in order then to apply for a stay permit for self-employed work.

The procedure is as follows:

1) Before applying for a visa, the foreign national must firstly request a provisional non-impediment from the police headquarters appointed to deal with his/her area within the time specified by the inflow decree. This can also be done by proxy.
If the specific employment so requires, in addition to the non-impediment the following additional documents should be sent to the police headquarters:

– declaration of the absence of impedimental reasons for issuing the docu- ment qualifying or authorising the applicant to do a certain kind of work in Italy.
– attestation of the parameters of reference issued by the Chamber of Com- merce with territorial responsibility for where the self-employed work will be done or by the appropriate professional body.

On producing these documents and provided that there is no impediment for the applicant’s entry and stay in Italy as a self-employed worker, the police headquarters will issue the provisional non impediment within 20 days .

2) Once obtained the declaration, the attestation and the non-impediment, and within 3 months from their date of issue, the applicant must apply to the Italian embassy or consulate for an entrance visa and some additional documents:

• documentation on the availability in Italy of appropriate dwelling
• documentation attesting to having a higher income than the legal minimum for exemption from health service contributions

Upon the verification of the inflow quotas and requirements laid down by the annual inflow decree, the embassy or consulate will   issue:

• within 30 days the visa, expressly stating the type of work selected
• certificate that the applicant possesses the necessary requisites for a stay permit for self-employed work. The embassy or consulate will notify the Ministry, the INPS national pension body and the INAIL national insurance body for prevention of injury at work.

The visa must be used within 180 days from issue.

3) Once obtained the entry visa, and within 8 days of entering Italy, the foreign national must apply to one of the post offices appointed to handle immigration paperwork to fill in the application kit for a stay permit for self-employment.

NB: foreign nationals from certain countries are exempt from visa requirements for tourism, mission, business, invitation and sport events provided their stay is not more than 90 days. (Andorra, Argentina, Australia, Bolivia, Brazil, Brunei, Canada, Chile, Costa Rica, Croatia, Ecuador, El Salvador, Guatemala, Holy See, Honduras, Israel, Japan, Malaysia, Mexico, Monaco, New Zealand, Nicaragua, Panama, Paraguay, San Marino, Singapore, South Korea, Uruguay, USA, Venezuela). Nationals from these countries wishing to stay in Italy to work in self employment may therefore enter Italy without a visa in order to obtain all the documentation necessary to apply for a visa. This documentation must be produced to the Italian embassy or consulate in the applicant’s country of   residence.

 

 

 

 

 

 

 

The contents of this page should not be taken as an authoritative statement of Italian law and practice. Neither the author nor the publisher are responsible for the results of actions taken on the basis of information contained in this summary, nor for any errors or omissions. This text is not intended to render legal, accounting or tax advice. Readers are encouraged to seek professional advice concerning specific matters before making any decision.