The instructions arrive taxation of capital gains in the case of sale of properties on which interventions have been carried out superbonusin the case of sale of the property within 10 years from the conclusion of the works.
There circular number 13 of 13 June of the Revenue Agency provides details on the applicability of the provisions set out in the Budget Law 2024 and on the exclusion of expenses from the calculation of the value of the property.
The practice document also provides clarifications on the measures relating to change in the condition of the goodsfor the adaptation of cadastral income to the improvements following the superbonus interventions.
In case of failure to comply, the Revenue Agency will send the appropriate information to taxpayers letters Of compliance.
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Superbonus: the rules on the taxation of capital gains
Circular number 13 of 13 June 2024 from the Revenue Agency provides the instructions to follow regarding the news on the superbonus introduced by the latest Budget Law.
The practice document focuses, in particular, on the rules relating to the taxation of capital gains in the event of the sale of the property and on the obligations relating to the change in the condition of the goods at the end of the works.
The practice document is divided into the following points:
- changes to tax regulation of capital gains in the event of a transfer of real estate for consideration;
- amendments to article 67 of the TUIR;
- amendments to article 68 of the TUIR;
- applicability of the substitute tax;
- effective date of the new provisions;
- measures regarding change in the condition of the goods article 1, paragraphs 86 and 87, of the 2024 Budget Law.
Regarding the news relating to the taxation of capital gains, it is specified that the rule applies starting from 1 January 2024 for sales of properties on which superbonus interventions have been carried out, within 10 years of the conclusion of the works.
The rules apply regardless of:
- type of interventions carried out, driving or driven;
- measure of the relief, at 110, 90, 70 or 65 percent;
- methods of using the benefit, as a deduction, with credit transfer or discount on the invoice;
- the person carrying out the work (owner, tenant, borrower, cohabiting family member).
There taxation of capital gains applies to transfers for consideration. The following are excluded from the application of the rules established by the 2024 Budget Law:
- properties acquired by succession;
- the properties used as the main residence of the transferor or his family members for most of the ten years preceding the sale;
- the properties used as the main residence of the transferor or his family members for most of the period between the purchase or construction and the sale, in the event that from the time of the transfer the same properties have been purchased or built for a period less than ten years.
Capital gains taxation applies only to sales after completion of the works, not to subsequent sales of the property.
To calculate the 10 year period you must refer to completion of the superbonus works. As specified in the practice document:
“The completion date of the works is, in principle, proven by the administrative authorizations or communications required by the urban planning legislation and building regulations in force.”
- Revenue Agency – Circular number 13 of 13 June 2024
- Instructions from the Revenue Agency on the taxation of capital gains in the case of sale of the superbonus property within 10 years from the end of the works.
Superbonus: the calculation of the new capital gain
The practice document provides instructions for calculating the taxable base for the taxation of capital gains, to which thesubstitute tax of 26 percent.
The 2024 Budget Law, in fact, provides for changes to article 68 of the TUIR. In general the capital gains:
“are made up of the difference between the fees received in the tax period and the purchase price or construction cost of the transferred asset, increased by «any other cost inherent to the asset itself».”
The Revenue Agency’s instructions also focus on the determination of cost relating to the good.
This cost varies based on the period between the end of the works and the sale of the property subject to the superbonus interventions.
In case the sale takes place within the first 5 yearsthe costs relating to interventions to increase the amount are not taken into account cost of purchasing or building the propertyprovided that:
- the incentive was recognized at 110 percent;
- the options referred to in article 121 have been exercised, i.e. the transfer of credit or the discount on the invoice.
In the event that the taxpayer has obtained the superbonus to the extent of 90, 70 or 65 percent or has chosen the deduction route, the rule must not be applied.
The case in which the sale is carried out is different over 5 years from the date of completion of the works.
In this case, in fact, when determining the costs relating to the property, the 50 percent of the expenses supported for subsidized interventions.
Superbonus: the change in the state of the assets and the effects on the cadastral income
The last part of the circular focuses on the measures that require aligning the cadastral income to the improvements obtained after the superbonus interventions.
The new features of the 2024 Budget Law concern the change in the condition of the goods.
Paragraph 86 of article 1 of the Budget Law provides that the Revenue Agency “on the basis of specific selective lists, developed with the use of modern interoperability technologies and database analysis” check whether the declaration referred to in article 1, paragraphs 1 and 2, of the decree of the Minister of Finance dated 19 April 1994, n. 70113.
Fulfillment affects the cadastral income of the property.
The law provides for the power of verification of the Revenue Agency to induce the taxpayer tofulfillment of communication obligationsif they are not executed or are not executed correctly.
In this case, the Revenue Agency invites the subjects to update the cadastral income in the buildings register documents if necessary.
To ensure compliance with the obligation, the Financial Administration will send a specific letter compliance for the spontaneous regularization.
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