Il ruolo delle Zone Economiche Speciali nell’era del coordinamento fiscale internazionale

Abstract

The article examines the evolution of international tax law and the effects of the multilateral governance stalemate – marked by the 2026 geopolitical compromise between the United States and the Inclusive Framework – on the tax sovereignty and incentive powers of States. The study raises critical questions regarding the capacity of Special Economic Zones (SEZs) to serve as strategic fiscal and customs levers in the face of the automatic mechanisms of the Global Minimum Tax (GMT), which risk rendering territorial regimes of privilege ineffective. From a methodological standpoint, the paper adopts a critical approach aimed at testing the resilience of global coordination systems (GloBE rules) against the complexities of domestic law, such as the conflict with Controlled Foreign Corporation (CFC) legislation (Article 167 of TUIR), and EU law, with reference to state aid constraints and fundamental freedoms. In the final part, the essay offers concrete answers and solutions for re-engineering incentives, proposing an “EU Territorial Cohesion Safe Harbour” and the legal reinforcement of the tax credit for the single Southern SEZ as a Qualified Refundable Tax Credit.