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Sardinia and its 90 day rule for visitors (USA residents) before being taxed.

I may have the opportunity to visit someone who is planning to live in Sardinia starting this fall. If I did visit say in the spring 2024 and only stay the maximum allowed 90 days my questions are the following.

  1. Are the 90 days rules for per calendar year and from the time you visit?

  2. If I decided to visit for the next 5 years, are there any restrictions if I would choose to do this?

  3. Is the rules based on visiting within 365 days or is it based on a calendar year from Jan to Dec?

Thank you for your comments.

Posted by
560 posts

The rule applies to non-EU citizens visiting the entire Schengen zone, not just Italy, and it is 90 days in a rolling 180-day period. The day of your arrival and the day of your departure count towards the 90-day limit, so it is important to be precise in your calculation if you intend to use the full 90 day allocation. There are Schengen calculators online if you do a google search. Hope this helps.

Posted by
560 posts

Just wanted to add that this has nothing to do with being taxed. It's the amount of time you may spend in the Schengen countries without a visa. Spending 183 days or more in a calendar year in Italy triggers taxation, a separate issue. Obey the Schengen rule and you will have no tax worries (in Italy at least).

Posted by
824 posts

ponygirl813 is completely correct. Do not mess with the rules since penalties for breaking them are severe.

If you want more information: https://visaguide.world/europe/schengen-visa/schengen-90-180-rule/

They are not suggestions - heed the warnings.

Being able to visit Italy for more than 90 days at a time is a problem most people here would like to have.
Enjoy your time,
=Tod

Posted by
15147 posts

If you should break the Schengen rules, you could get fined and banned from Schengen for up to 10 years.

You are allowed 90 days in a 180 day period. Overstay one day and you could get dinged.

Posted by
3137 posts

A new traveler may not understand that if you stay 90 days in Sardinia, you then have to leave the entire Schengen Zone.
No going on to mainland Italy or France afterward, for example.
90 days and you’re done.

How lovely to be able to have a long visit to Sardinia!

Posted by
32867 posts

and travel - arrival and departure days - all count in the 90

Posted by
6445 posts

And it can be a good idea to plan for 87 or 88 days to have a bit of margin.

Posted by
39 posts

Thank you all for your information. It helps a great deal on how I will plan my travel.

Posted by
39 posts

I just had a thought. If I travel for 80 days starting in May and leave the second week in July and use the 180 days as the bench mark, I could return in October for 2 months and not be taxed. I than can restart the cycle. This would allow almost 5 1/2 months per year.

I’m just trying to leverage as much time allowed without being taxed. I also know all paperwork will need to be filled out and approved before each trip. I’m sure the governing agency will let me know if there are issues/problems. Thank you again for your input.

Posted by
6445 posts

I than can restart the cycle.

The cycle never restarts, it is rolling.

Taxes are a different matter, and I'm not qualified to tell you about Italian tax laws.

Posted by
824 posts

The "becoming a tax resident" of Italy shouldn't really be your concern in this situation. You cannot legally spend 183 days in Italy without a visa and so you become a illegal immigrant before you become a tax resident. Not being caught, charged, fined and banned from most Europe for a really long time should be your concern. I doubt your tax status will come up in these proceedings.

Count carefully, know the rules, and enjoy your time.
=Tod

Posted by
15147 posts

I don't know where you keep getting this idea about being taxed. A visitor is not going to be taxed. As long as you stick by the Shengen rules, you'll be fine.

Stop worrying about taxes.

Posted by
15225 posts

Don't about taxes. You won’t be there long enough. Go to Sardinia 3 months (actually 90 days) in summer then come home and you’ll be fine. Just be aware Sardinia is busy and expensive in July and August, but if your friend hosts you in his/her house then you have nothing to worry about. Enjoy the beaches and the beautiful turquoise sea.

Posted by
39 posts

Instead of saying taxed, I will say not paying a tax if I stay under the 90 day rule.

Thanks

Posted by
5407 posts

It is a fine, not a tax! The fine may also include other penalties for an overstay, such as denial of entry in Europe’s Schengen zone.

Posted by
3812 posts

I will say not paying a tax if I stay under the 90 day rule.

Sorry I don't want to be rude, but we are talking about a possible criminal offence here.

A mistake that could make you banned from the Schengen area for years.

In short, do you understand the difference between a tax and a fine? And the and less pleasant consequences resulting from fines?

Do you understand that if you make a mistake and overstay, you could be detained at a random airport in the European Union for hours and miss your flight home? It is not a funny way to end a vacation.

Posted by
15225 posts

To overstay in Italy the 90 day limit without being fined and deported, you need to arrive by boat, preferably a shipwrecked dinghy on the shore of the island of Lampedusa. Make sure you state to the authorities you come from a war torn country (and throw your US passport in the sea before they see it)

Posted by
39 posts

Hi Dario

I understand everything you have said. I will limit my travels to less than 90 days and wait another 100 days and return.

I do not want to be required to apply for a visa.

Thanks to all.

Admin, you can close this topic if you like.

Posted by
11211 posts

I will limit my travels to less than 90 days and wait another 100 days and return.

I haven't done the math to see if that works; strongly suggest you use the links horsewoofie provided to input your desired dates and see what the result is.

It seems everyone has assumed you have a US passport, is that true?

Posted by
7573 posts

I will limit my travels to less than 90 days and wait another 100 days and return.

Yes, that works, by doing that, you can never exceed your stay limit.

Posted by
39 posts

Joe

I do have a passport and have just renewed my 5th one. I have been to Italy and many other European countries and even though my question may have raised some eyebrows, I just wanted to make sure that this opportunity to visit Sardinia allows me to spend the maximum allowed time without getting a visa. This was very important to me with the new guidelines of the new European Travel Information and Authorization System, or ETIAS, now being implemented. I was just making sure I didn't miss something.

Maybe I could have responded differently or didn't confuse others with what I said, but every day is a learning experience regardless of how old you are, etc.

The nice thing, travel authorization will be valid for three years when it's approved.

To all, have a great week.

Posted by
7573 posts

EITAS may or may not come into effect in 2024, we will see, but really it is nothing to be concerned about. It will just be a few questions that they typically ask at the border anyway, plus maybe some deeper background questions (any criminal convictions?)

You basically will fill out a form online, submit it, and in a few minutes to hours you will get some type of code or authorization to use when flying. Few people ever have any trouble at the border, so few will have issues with approval.