Superbonus 110 for expenses incurred in 2023, what the law says — idealista/news

Superbonus 110 for expenses incurred in 2023, what the law says — idealista/news
Superbonus 110 for expenses incurred in 2023, what the law says — idealista/news

In order to benefit from the superbonus 110 percenttherefore with the maximum rate, for expenses incurred in 2023 count the date of payment arrangement. The date of the debit is irrelevant. This means that the bank transfer must have been made by 31 December 2023. The Revenue Agency clarified this with response no. 137 of 20 June 2024. Let’s see what has been specified in detail.

Possessing all the requirements required by the standard, the correct year of attribution of the expense that’s where it comes from payment arranged, not the one in which it is charged. With answer no. 137 of 20 June 2024, the Revenue Agency recalled how the discipline has evolved and what has been established.

Superbonus 110 for 2023 expenses, the date of the payment order counts

In particular, he underlined that the Aid-quater decree (Legislative Decree no. 176/2022) established that the superbonus is due in the amount of 110 percent for expenses incurred by 31 December 2022 and 90 percent for those incurred in 2023 relating to interventions, including demolition and reconstruction, carried out by condominiums; While article 1, paragraph 894, of law no. 197/2022 it dictated the cases in which the superbonus continues to be 110% even for expenses incurred in 2023.

The Revenue Agency then specified that, as clarified with the circular no. 24/E of 2020“in application of the general principles, for the purposes of identifying the tax period in which to attribute the expenses themselves, it is necessary to refer to […] for natural persons, including practitioners of arts and professions, and non-commercial entities, to the cash criterion and, therefore, to the date of actual payment, regardless of the start date of the interventions to which the payments refer”.

With the circular 26 June 2023, n. 17/E it was then confirmed that “for the purposes of attribution to the tax period, for expenses relating to interventions on the common parts of the buildings, the date of the transfer made by the condominium is relevant, regardless of the date of payment of the condominium installment by the individual condominium owner ”.

As regards the deductibility of costs incurred by a professional through payments made by bank transfer, the Revenue Agency recalled that during the “Telefisco” of 1 February 2024 it was stated that “in application of the cash principle, the the relevant moment for the purposes of making the bank transfer is the one in which the professional gives the payment order to the bank”.

In the case of payment by bank transfertherefore, in application of the cash principle, the expense is considered incurred at the moment in which the payment order is given to the bank not detecting the different and subsequent moment in which the debit takes place on the payer’s current account.

 
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