Citizenship question.

Over 25 million Italians have emigrated between 1861 and 1960 with a migration boom between 1871 and 1915 when over 13,5 million emigrants left the country for European and overseas destinations.
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Citizenship question.

Postby emiroirausquin » 14 Jul 2004, 23:00

Hi guys, I am new as you can see.

I recently discovered that I could request Recognition of the Italian citizenship "jure sanguinis". However, I am not 100% sure I qualify for it and I will highly appreciate if you could provide me any guidance. This is my case:

My mother is Ruth M, Sangiovanni Rigali. Her mother was born from male Italian citizen born in 1901. Ruth was born in 1932 and her mother (my grandmother) was never registered as Italian citizen. Neither my mother nor my grandmother ever renounced or legally stated they did not want their Italian citizenship.

It is of my understanding that a grandmother born before 01/01/1948 can claim the Italian citizenship only from her father and can transfer it to descendants after 01/01/1948.

My interpretation of it is that my grandmother cannot transfer Italian citizenship to my mother because my mother was born in 1932. However, I am still a descendant of my grandmother and I was born in 1971.

My question is: Can I request Italian citizenship all the way from my great-grandfather?

I will really appreciate your comments.

Ciao,
Emiro
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Re: Citizenship question.

Postby ptimber » 15 Jul 2004, 01:22

Go to ASK@MYITALIANFAMILY.COM for their legal opinion which is what is bewing sought by you. Peter
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Re: Citizenship question.

Postby emiroirausquin » 15 Jul 2004, 16:01

Thank you Peter, I will be writting to them shortly.

Emiro
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Re: Citizenship question.

Postby emiroirausquin » 06 Aug 2004, 18:20

Did you guys know that there are three courts in Italy that ruled against the 1948 law? Did you also know that there is a Senator (known as the representative of Italians abroad) who is presenting an amendment to that 1948 law this summer?

There has been a precedent created already(which is GREAT). I just thought that people and their lawyers should be informed.

Ciao!
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Re: Citizenship question.

Postby spudbunny » 20 Aug 2004, 20:23

I received Italian citizenship from my great-grandfather - but you need to determine if/when your italian born ancestor naturalized. In order for you to qualify for italian citizenship the italian born ancestor could not have naturalized after the birth of a child you claim descent from. It might help you to take a look at the San Francisco consulate's requirements:

http://www.italcons-sf.org
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Re: Citizenship question.

Postby ptimber » 20 Aug 2004, 22:25

What about taxes and miitary service?? peter
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Re: Citizenship question.

Postby DeliBoy » 22 Aug 2004, 21:32

I am sorry to bring this thread down to a sordid level, but what about taxes? What is the tax implication of having Italian Nationality?

The following is just my understanding of the tax situation so that someone can correct my misunderstanding; please don't take these as statements of fact:

If you buy goods in Italy, you are liable to pay IVA (value added tax) unless you export the goods permanently out of the European Community. Nationality of the purchaser has no bearing on this.

If you earn money in Italy you have to pay income tax. Nationality of the earner has no bearing on this.

If you own a house in Italy you pay taxes to the Commune. There is a reduction if you are resident in that property. (Or an increase if you are not resident depending on your outloook). The same rules apply if you live in the north and buy a second house in the south. Nationality of the resident has no bearing on this.

There are all sorts of other taxes to do with cars and the like, but as far as I know, Italians pay the same taxes as everyone else.

So Peter, what is this "Nationality Tax" that you and others talk about?
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Re: Citizenship question.

Postby ptimber » 22 Aug 2004, 21:36

I am not talking about a nationality tax but that there is an income tax portion to dual citizenship and nothing more. I do not discuss citizenship questions because they are for attorneys insofar as I am concerned. I think one persons achievements in obtaining citizenship may bot be the hard fast rule it seems to the casual reader. I salute your achievement in becominga dual citizenship person. Peter
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Re: Citizenship question.

Postby DeliBoy » 22 Aug 2004, 21:43

Are you talking about an Italian or a US tax?
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Re: Citizenship question.

Postby ptimber » 22 Aug 2004, 21:45

Both and I leave taxes to the legal experts to explain. Peter
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Re: Citizenship question.

Postby DeliBoy » 22 Aug 2004, 22:28

I have briefly searched the IRS website, and can find no mention of any tax due to having more than one nationality. (There are of course many rules about money earned by US citizens whilst abroad).

Can it really be true that the US government taxes some workers more simply because they are foreign?

Peter, I understand your reticence in getting into legal and financial matters outside of your area of expertise, so are there any accountants and lawyers out there that can shed light onto this subject?
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Re: Citizenship question.

Postby ptimber » 22 Aug 2004, 22:32

i DID NOT SAY THAT OR ANYTHING ELSE ABOUT TAX MATTERS OTHER THAN TO SAY THERE ARE TAX CONSIDERATIONS. mOVE ON . pETER
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Re: Citizenship question.

Postby ptimber » 22 Aug 2004, 22:33

i DID NOT SAY ANYHTHING ABOUT TAX MATTERS EXCEPT TO SAY THERE ARE TAX CONSIDERATIONS. Peter
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Re: Citizenship question.

Postby DeliBoy » 22 Aug 2004, 23:00

Peter,

With respect, you said: "there is an income tax portion to dual citizenship and nothing more"

I took that to mean that a portion of someone's income tax is due to them having dual nationality and for no other reason. Have I misunderstood you? If so, I appologise.

I accept that you are not a tax expert and that you may not know all the details of both the Italian and US tax systems. After all, it was you who originally asked the question, "What about taxes?"

So again, is there a tax expert out there who can explain the perception of many people that there is some form of tax disadvantage in having dual nationality?
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Re: Citizenship question.

Postby ptimber » 22 Aug 2004, 23:05

Don't forget miliatry conscription obligations that may exist as well. Peter
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