Selling your Lake Garda property while living abroad

You can sell your Lake Garda home without travelling to Italy by giving someone a notarised power of attorney (procura notarile) to sign on your behalf. The agency handles viewings, keys and contact with the notary (notaio), an impartial public official who draws up the deed of sale. Many German, Swiss, Austrian and Dutch owners are in this position, as are Italians who now live abroad.

1. Arranging a power of attorney

To sign the preliminary contract (compromesso) and final deed of sale (rogito) without attending in person, you need a notarised power of attorney. It authorises someone you trust to sign on your behalf. The preliminary contract binds both parties; the final deed transfers ownership.

You can arrange this in either of these ways:

• Through a notary in the country where you live. The power of attorney then needs an apostille, which authenticates it for use abroad. If it is not in Italian, it must also be translated. Apostilles are valid in Hague Convention countries, including Germany, Austria, Switzerland and the Netherlands.
• Through the Italian consulate in the country where you live.

Prepare the power of attorney well in advance. Ask the Italian notary who will draw up the final deed to check that its wording meets the requirements.

2. Viewings, keys and documents

When you live far away, the practical arrangements can take more effort than the legal side:

• Keys stay at the agency, and I accompany every viewing.
• I obtain the documents with your written authorisation: cadastral records (visure catastali) and cadastral floor plans (planimetrie catastali) from the property register used for tax purposes. I also obtain building permits held by the municipality.
• I send you updates by email or WhatsApp after every viewing and enquiry, in German or English if you prefer.

3. IMU and costs until the sale

You pay IMU (municipal property tax) on your second home until the month when the final deed is signed. The amount is calculated in proportion to the months you own it.

You also remain responsible for condominium fees (service charges) until the sale. Ask the building manager for an up-to-date statement, as the buyer will want to see it.

4. Capital gains and tax

A capital gain (plusvalenza) is the difference between the sale price and the purchase price, plus certain costs. For a home in Italy, the gain is taxed in Italy if you sell within 5 years of buying or building it. You can ask the notary to apply the 26% substitute tax (imposta sostitutiva) when the final deed is signed, instead of ordinary income tax. Capital gains on inherited homes are not taxed.

If you live abroad, ask your accountant how to declare the sale in your country. Double taxation treaties prevent you from paying tax twice, but each country has its own rules.

5. Payment and handover

You usually receive payment by bank transfer or banker’s draft when the final deed is signed. After signing, there are still meter readings to take and utility accounts to transfer into the new owner’s name. The keys and property documents also need to be handed over.

The steps, in order

1. Have the property valued and the documents checked.
2. Prepare the power of attorney in good time, with an apostille.
3. Leave the keys at the agency for viewings.
4. Check the tax position with your accountant.
5. Sign through your appointed representative and receive payment.

If you live abroad and want to sell your Lake Garda home, you can write to me in German or English. I can organise the sale remotely.

This article gives general information. For tax advice on your own case, ask an accountant.