Italian Tax Authority: Circular No. 9/E on over-indebtedness and debt discharge published

On 21 October 2026, the Italian Tax Authority (Agenzia delle Entrate) published Circular No. 9/E (the “Circular”), the second part of the framework of the institutions of the Code of Business Crisis and Insolvency under Legislative Decree No. 14/2019 (the “Code”), dedicated to the procedures for the settlement of over-indebtedness crises and to debt discharge (esdebitazione).

The aim is to provide a clear and coherent picture of the rules in force, which will foster uniform application of the procedures and a proper balance between the protection of the debtor and the effective satisfaction of creditors. Accordingly, with the Circular, the Italian Tax Authority provides operational instructions to its Offices in order to ensure uniformity of action.

In particular, the Circular examines the instruments for the regulation of over-indebtedness crises governed by the Code, with specific reference to the restructuring of consumer debts, family base procedures, the minor composition with creditors (concordato minore) and controlled liquidation (liquidazione controllata). Considerable space is devoted to the analysis of the conditions of access, the procedural phases, the effects of court approval and the cases of revocation, as well as to the role of the Crisis Composition Body (Organismo di composizione della crisi).

The Circular then focuses on the rules governing debt discharge, including the form reserved for insolvent over-indebted individuals.