Construction

Superbonus, softening hypothesis for taxed capital gains

The first softening is achieved by narrowing the scope of taxed properties

Superbonus, spesi 123 miliardi per interventi sul 4% delle case

2' min read

2' min read

Lighten the discipline of taxed capital gains linked to the superbonus, designed to hit with an extra load of taxes those who have used the maxi-tax relief and, after a while, sell their property. This objective is behind one of the amendments just presented to the Budget bill, signed by three exponents of Fratelli d'Italia: Lavinia Mennuni, Guido Quintino Liris and Matteo Gelmetti.

Amendments that, however, will not be examined before the beginning of next week, when declarations of admissibility and meetings of the groups with the rapporteurs and the government are scheduled for an initial skimming of the proposals. The vote should then not materially start until the following week, to allow the measure to reach the Chamber by the end of the month.

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Less real estate taxed for capital gains 110%

to capital gains, the first softening is achieved by narrowing the scope of taxable real estate. Whereas the current rules affect capital gains on real estate renovated with the superbonus for ten years, the first amendment reduces this time frame to five years. Only during this time, calculated between renovation and sale, could the extra taxation be triggered under the proposed amendment.

Alongside this, relief is assumed for deeds completed in 2024 but relating to preliminaries signed earlier. On this point, it must be remembered that the capital gains discipline was introduced with the 2024 manoeuvre, and has therefore been operational since 1 January of this year, albeit with a long period of uncertainty, linked to the lack of operational clarifications for many months.

Giorgetti: Le rendite catastali aumenteranno per chi ha usato il Superbonus

The proposed amendment assumes that 'the capital gain introduced' by the Budget Law 2024 'does not apply in relation to real estate that has been definitively transferred as from 1 January 2024 in execution of a preliminary agreement registered or transcribed before that date'. In other words, those agreements that, in substance, were already defined before the activation of the new regime are protected.

110% in condominiums

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Another safeguard could come in the area of condominiums. In the event that the superbonus concerns the common parts of the building and not the individual building, 'the amount that the transferor is required to pay by way of income tax or substitute tax on capital gains' nmay not 'exceed the amount of the tax benefit enjoyed'.

Thus, a cap is placed on the possible aggravation, since the Inland Revenue has clarified the applicability of these capital gains also to situations in which a condominium owner has not directly used any relief but has only indirectly enjoyed the renovation on common parts..

To complete the picture within five months of the entry into force of the novelty, a decree of the Ministry of the Economy should provide for 'determining a capital gain taxation mechanism according to the actual use of the subsidised interventions' of superbonus in the tax return..

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