Capital gains on operating assets: spreading disappears in 2026

Until 2025 a business realising a capital gain on an operating asset held for at least three years could choose to spread it in equal instalments over up to five tax periods. Article 1, paragraphs 42 and 43, of Law no. 199 of 30 December 2025 abolished that option for tangible and intangible operating assets: for transactions carried out from 1 January 2026 the gain is included in full in the income of the year of realisation.

Spreading survives for gains on the sale of a business, or of a business division, held for at least three years, while a sole trader selling a business held for more than five years keeps the option for the tassazione separata (separate taxation regime) under Article 17, paragraph 1, letter g), of the TUIR. Instalments already running on earlier gains continue under the original schedule.

Summary note by the CommercialistiAvvocati network, based on specialised legal and practice sources. The text does not reproduce original contributions and does not constitute professional advice.