Every year, more than two hundred thousand gifts of real estate are recorded in Italy, making gifts one of the key legal mechanisms under the Italian legal system for the transfer of movable and immovable property.

The reform governing the transfer of properties acquired by gift has recently received final approval (see Law No. 182/2025).

Therefore, from now on, purchasing a property previously received as a gift will no longer pose a risk to prospective buyers.

More specifically, unlike under the previous rules, heirs whose reserved share of the estate has been infringed will no longer be able to recover the property from a buyer who purchased it in good faith, removing the risk of future claims against that buyer.

The legislation therefore abolishes the so-called “action for restitution” against third-party buyers, while preserving the protection afforded to forced heirs, who, however, retain the right to claim monetary compensation from the recipient of the gift for any shortfall in their reserved share.

This removes the uncertainty that has hindered property sales and mortgage lending involving gifted properties. With the adoption of this reform, credit institutions will be able to accept these properties as mortgage collateral, making it easier to grant mortgage loans to families and businesses, addressing a legislative gap that has hampered the property market and citizens’ freedom of contract for years.

The reform also addressed:

• Indirect Gifts
  The minimum threshold for tax assessment has been abolished. Consequently, all indirect gifts (such as bank transfers made by a father to enable his child to purchase a home) may be subject to tax assessment, regardless of their amount.
  
• Inheritance and Gift Tax
  The "aggregation" rule applies, requiring gifts made during a person's lifetime to be added together when calculating tax-free allowances (for example, the 4% rate applies only to the total value exceeding €1 million for relatives in the direct line).