Un mini condominium (2 units) presented Cilas with a meeting resolution in November 2022 for ecobonus and earthquake bonus works, all under the superbonus 110 regime. The two owners, as per the condominium minutes and agreement with the entrusted companies, were responsible for the sismasbonus an equal share for both while for the remainder and for the eco they benefited from the discount on the invoice. The work was mainly carried out in 2023, but will finish in 2024.
The part of the expenditure due to the two condominiums was made in 2023, but they were unable to assign the credit to Poste Italiane, which rejected the application, nor to others and therefore it was not loaded as credit transferred by 4 April. Considering Cilas and the assembly resolution of November 2022 and considering that at the end of 2023 they had a SAL of over 70% with expenses made and documented by bank transfer, not having been able to cede and communicate by 4 April, it is still possible to cede that credit (in total or residual installments losing the first installment of 2023) or is there only the possibility of deduction in 4 years?
The expert responds
The Legislative Decree of 29 March 2024, n. 39 was converted, with important amendments, into Law 23 May 2024, n. 67. For what is of interest here, already from the first version of Legislative Decree 39/2024, with art. 2, a peremptory deadline of 4 April 2024 has been established for notifications of transfer of credits relating to expenses incurred in the year 2023, also excluding the possibility of transfer with the use of the “remission in bonis” referred to in article 2, paragraph 1, of the legislative decree of 2 March 2012, n. 16, converted, with amendments, by law 26 April 2012, n. 44.
With the changes made to the decree during its conversion into law, in paragraph 7 of the new art. 4-bis of Legislative Decree 39/2024, it was also provided that starting from the date of entry into force of the law converting the decree, which took place on 29 May 2024, the exercise of the credit transfer option is not permitted in any case in relation to the residual installments not yet used of the deductions deriving from the expenses for the building interventions indicated in paragraph 2 of the art. 121 of Legislative Decree 34/2020 conv. in Law 77/2020.
In summary:
- with article 2, the last day to transfer credits relating to expenses incurred in 2023 was 4 April 2024;
- with the art. 4-bis, the last day to transfer the residual installments relating to expenses incurred in all years prior to 2024 was 28 May 2024.
This new law was one of the reasons for the rejection of many practices being approved by the Italian Post Office, in particular those which concerned the transfer of the annuities subsequent to the first, the so-called “residual installments”, of contracts not yet signed and made definitive with the communications of credit transfer to the Revenue Agency before 29 May 2024.
It can, therefore, be concluded that the expenses incurred in 2023 by the two condominium owners relating to the seismic risk adjustment interventions can be deducted in four constant annual installments starting from the tax returns to be presented this year.
By Luciano Ficarelli
Chartered accountant
www.professionistiintegrati.net
Expert in construction bonuses
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