# Residency - maintenance of while absent..?



## MikeItMo (Mar 3, 2018)

I have full permanent residency. I am curious to know if having a registered address with the comune is required while one is absent from Italy for several months? I sold my property but didn't register a new address as I knew I'd be away for some time and didn't want to pay for a place I wouldn't be occupying.
Thoughts invited and any official site links you know of appreciated.


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## NickZ (Jun 26, 2009)

If you don't cancel your residency it remains active.


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## Italia-Mx (Jan 14, 2009)

Actually, I think this person is required to notify the comune that he is leaving or has left if he is gone longer than 90 days. As an Italian citizen, when I left Italy after being registered in my comune for nine years, my comune was notified that I was no longer resident there because I was required to register in the Italian AIRE database at the Italian consulate that had jurisdiction for the US state I moved to. If this requirement exists for a citizen, surely there is also some sort of requirement for a permanent resident regardless of whether he is still in Italy or outside of Italy.


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## NickZ (Jun 26, 2009)

When you registered with the AIRE you're moving your residence. 

There isn't anything similar for foreigners. They would actually have to go into the commune and cancel residence. 

Just think about this. The first test for tax residence is being registered for residence in Italy. The Italian tax office actually can go after people for canceling residence but still remaining in Italy. 

You'll see people buying homes in one of the low tax countries. Registering with the AIRE but keeping all their ties with Italy. The tax office can claim these people are tax evaders.


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## Italia-Mx (Jan 14, 2009)

No, he wouldn't have to go into the comune and cancel residence. Depending on how long he was gone, if and when he ever returns to Italy, his permanent residence would be automatically cancelled when he re-registers in a new comune because every foreigner in Italy who is legally accounted for, which means having been registered in a comune and having been issued an ID card is required to report within 90 days their location of residence if no longer at the original address. Permanent residence with Italy means permanently residing in Italy. How do you figure that a foreigner can buy a home in a low tax country and not be required to legally register there as well, particularly in the EU? As soon as this happens, permanent residence with Italy is cancelled. Actually it would happen in any country. Buying a home in Mexico, for example, would require proof of citizenship and not proof of once holding permanent residence with Italy. You buy a home in a country outside Italy with your passport and NOT with your ID card. And by the way, an Italian citizen CAN register in the AIRE and keep all ties with Italy. That's what citizenship is all about. The same does not apply to a foreigner. A foreigner cannot register in AIRE anywhere. A foreigner must register in the new country and provide proof of citizenship. If he doesn't he's illegal in that country.


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## MikeItMo (Mar 3, 2018)

Being a long term permanent resident, I believe I am entitled to be absent for up to 2 years.


Italia-Mx said:


> ever returns to Italy, his permanent residence would be automatically cancelled when he re-registers in a new comune because every foreigner in Italy who is legally accounted for, which means having been registered in a comune and having been issued an ID card is required to report within 90 days their location of residence if no longer at the original address


So if returning, it has to be to the same comune to keep residence? Only being able to change comune after such a return.


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## Italia-Mx (Jan 14, 2009)

No, you can re-register in any comune upon your return but you must give previous comune notice that you have left within 90 days and also not stay away longer than you're allowed to be gone. I'm not sure how many months/years this is but you would know. Best of luck to you.


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## NickZ (Jun 26, 2009)

Italia-Mx said:


> How do you figure that a foreigner can buy a home in a low tax country and not be required to legally register there as well, particularly in the EU? . And by the way, an Italian citizen CAN register in the AIRE and keep all ties with Italy.


I didn't mean a foreigner. Plenty of seniors have been moving to Portugal or other countries and registering with the AIRE. About ten years ago the government brought in a bounty program for towns to report people that had registered with the Aire but still in effect lived in Italy.

You can keep your ties but you'll remain a tax resident in Italy.


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## MikeItMo (Mar 3, 2018)

Are there penalties for not advising of address change within 90 days?


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## Italia-Mx (Jan 14, 2009)

MikeItMo said:


> Are there penalties for not advising of address change within 90 days?


I'm not sure but I would get in touch with your comune as soon as possible before you find you have lost your permanent residency.


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## Italia-Mx (Jan 14, 2009)

NickZ said:


> I didn't mean a foreigner. Plenty of seniors have been moving to Portugal or other countries and registering with the AIRE. About ten years ago the government brought in a bounty program for towns to report people that had registered with the Aire but still in effect lived in Italy.
> 
> You can keep your ties but you'll remain a tax resident in Italy.


It sounds like you're talking about maintaining a dual residence in the EU. Yes, that's possible, just like it's possible for an American to have a home in two different states but none of what you're saying refers to a foreigner who has permanent residence in Italy and has not notified his comune of his departure.


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## MikeItMo (Mar 3, 2018)

thanks for the feedback.
My comune wrote back today (the anagrafe working on Saturdays! ) that the police will verify my absence from the address I had. Then they said that this may lead to my removal from the register (" potra' trovare definizione in un provvedimento di cancellazione dai registri anagrafici " ) . 
I found online a form to complete to advise my comune of leaving my address, with no new address to include. There's no mention of 90 days but I imagine this period is reasonable for such an action, and likely correct. I will ask the person from the anagrafe who advised me. I further asked if this (removal from register) is the same thing as losing my permanent resident status.


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## Italia-Mx (Jan 14, 2009)

MikeItMo said:


> thanks for the feedback.
> My comune wrote back today (the anagrafe working on Saturdays! ) that the police will verify my absence from the address I had. Then they said that this may lead to my removal from the register (" potra' trovare definizione in un provvedimento di cancellazione dai registri anagrafici " ) .
> I found online a form to complete to advise my comune of leaving my address, with no new address to include. There's no mention of 90 days but I imagine this period is reasonable for such an action, and likely correct. I will ask the person from the anagrafe who advised me. I further asked if this (removal from register) is the same thing as losing my permanent resident status.


OK, it's good that you're getting it straightened out. Better to be safe than sorry.


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