Tax and real estate

Home Bonus and declarations, last hours to surrender remaining instalments

There is time until the coming into force of the law converting the Superbonus Decree, not yet published in the 'Official Gazette', to avoid the cut-off

3' min read

3' min read

Race against time to cede, before the entry into force of the new Article 4-bis, paragraph 7 of Decree-Law No. 39 of 29 March 2024 (approved by the Chamber of Deputies in its final version), the residual instalments for expenses incurred from 2020 to 2023, referring to deductions potentially usable from 2024 to 2032 and transformed, with the cession, into credits that can be offset in F24 from 2025 to 2033.

Until the day before the date of entry into force of the law converting the 2024 superbonus decree (Decree-Law No 39/2024), in fact, the beneficiaries of the deductions may transfer (not discount on the invoice) the remaining unused instalments of the deductions referring to expenses incurred from 2020 to 2023.

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From the date of entry into force of the conversion law, however, this option will no longer be allowed for all building bonuses, for which Article 121, paragraph 2 of Decree 34/2020 allows this possibility (superbonus and other minor interventions). It must be remembered, with respect to the issue of deadlines, that the date on which the option is sent, not the date on which it is accepted by the purchaser, will be decisive.

If, for example, an expenditure subsidised with the 110% superbonus was incurred in 2022, this generated four annual instalments of deductions to be used in tax returns from 2022 to 2025.

The taxpayer may have decided to start deducting the first two in his 2022 and 2023 tax returns, and then transfer the instalments for the 2024 and 2025 deductions to a third party, a family member or his company. In order to do so, he has to send in the notification form before the blocking of the 2024 superbonus decree comes into force.

Since this option refers to all remaining instalments, it is not possible to surrender only the third instalment of the deduction and not the fourth (i.e., surrender the one potentially deductible in 2024 and not the one deductible in 2025) or vice versa.

Asseverazioni

Of course, even to assign the residual instalments of the superbonus, it is necessary to have first sent the asseverations of the end of works or that of the Sal of at least 30% (which also considers works from previous years) to ENEA for the super ecobonus or to the single construction office for the super sismabonus (Circular 16/E/2021, paragraph 1.1.3 for the end of works and 23/E/2022, paragraph 5.2 for the Sal).

For the remaining instalments relating to works on the common parts of buildings, the communication must be 'sent by the condominium owner', either directly, if the compliance endorsement and the asseveration on the appropriateness of the expenses incurred are not needed, or, if not, by the party issuing the compliance endorsement.

Compensations from 2025

Those who will purchase, in these days, the remaining instalments of the deductions, for example, relating to 2024 and 2025, for the superbonus deriving from expenses incurred in 2022 (instalments 2022 and 2023, already deducted in Income or 730), will be able to use the credits acquired in F24 in 2025 and 2026, respectively. As an alternative to using them for offsetting, these transferees will be able to assign these instalments, also individually (but for the full annual amount), to other qualified parties (e.g., to a bank), via the Revenue's platform.

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