The Supreme Court clarifies the social security basis in case of assignment to a foreign Country

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September 7, 2016

The Italian Supreme Court, by sentence n. 17646 dated September 6, 2016, clarified that conventional remunerations on employment income are allowed only for tax purposes, denying the application of such remunerations for social security purposes in case employees are assigned to Countries which have signed a Totalization agreement with Italy.

Such opinion, which clashes with previous Court’s jurisprudence, confirmed the approach of many multinational companies which have seconded employees outside of Italy and may trigger litigation cases between Companies and those employees – seconded in Countries which signed a Totalization agreement with Italy (i.e. the EU, USA, Canada etc.) – whose social security contributions were calculated on the basis of conventional remuneration.

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