Rome, 23 May 2024 – The squeeze on Superbonus 110 becomes law. The decree, on which the government gained confidence yesterday, was approved in definitive green light today by the Chamber with 150 votes in favor and 109 votes against. The measure, on which the majority was divided in the first passage in the Senate, was strongly supported by the Minister of Economy, Giancarlo Giorgettito put a stop to a situation considered very critical for its effects on public finances.
Final green light from the Chamber for the Superbonus decree, it is now law (Ansa)
Parliament therefore confirmed the tightening foreseen in the decree approved by the Council of Ministers, with the stop the discount on the invoice and of credit assignment for interventions on Iacp properties, cooperatives, Third Sector, and those for the elimination of architectural barriers. There remains the possibility of taking advantage of the discount and the transfer of credit if, on the date of entry into force of the decree, the Chila.
The most controversial measure was the ‘spread-deductions’ mechanism over ten years which concerns the expenses for the superbonus works carried out throughout 2024, therefore starting from January, before the entry into force of the bill to convert the decree. An intervention with retroactivity even if “limited” as it was defined by the majority, but which nevertheless raised strong criticism from Forza Italia which abstained in the Senate commission.
The measure also provides for a stop to the so-called Cilas (Sworn notice of commencement of work) “sleepers”. For requests for building interventions prior to 16 February last year, which were not followed by invoiced interventions, therefore blocks the possibility of using the Super bonus.
With government intervention they arrive news also for banks and financial intermediaries, with the tightening on the methods of compensation of the credits linked to the superbonus acquired over the years. From January 2025 it will no longer be possible to compensate them with social security and INAIL contributions. Although an exact evaluation of the effects has not yet been made, the Abi raised a cry of alarm underlining the difficulty for banks to offset tax credits, with negative consequences also on their ability to purchase further credits. And there would be negative repercussions for companies that will have difficulty in selling the credits they have.
Banks and intermediaries will be able to continue to use the credits over four years, but if these credits have been discounted by more than 75% at the time of purchase, the installment period becomes six years. This is a measure that wants to strike the intermediaries who ‘profited’ on the difficulties of businesses.
It is confirmed in the decree the ceiling of 400 million to allow in earthquake areas of Abruzzo hit by the 2009 earthquake and in those of Central Italy damaged by the 2016 earthquake to continue to benefit from the invoice discount and credit transfer. It was clarified that the figure only concerns new practices, submitted from April 2024 to December of the same year. At the same time, the possibility of resorting to the so-called is eliminated ‘strengthened super bonus’a mechanism that allows the relief to be increased to 150% by waiving the contribution foreseen for reconstructions in those areas affected by the earthquake.
For the other areas affected by seismic events, excluded from discounts and transfers, a has been established fund of 35 million for 2025 for the provision of direct contributions for reconstruction interventions.
Another fund of 100 million of euros was established for the provision of contributions to non-profit organizationsto the bodies of Third sector and to voluntary associations for redevelopment interventions on their properties.
The applicability of the is then excluded ‘remission into performing’ compared to the deadline of April 4th relating to theobligation to communicate to the Revenue Agency. Remission in bonis is the mechanism with which taxpayers can remedy the late or omitted sending of communications giving access to tax benefits or to optional regimes within the deadline for submitting the first useful declaration.
Just as taxpayers with executive roles will not be able to resort to compensation for construction credits. Among the ‘extra-Superbonus’ measures, the Legislative Decree also includes support for access to credit in the areas of Emilia Romagna, Tuscany and Marche affected by the floods of May 2023.
Also confirmed is the measure of the decree which suspends the usability of tax credits relating to construction bonuses if the taxpayer has registrations for unpaid taxes of amounts exceeding 10,000 euros, up to the amount of these amounts.
A provision has also been included for Municipalities that will report irregularities regarding super bonuses. These will be recognized a share of 50% of the largest sums relating to state taxes definitively collected thanks to their intervention. They also arrive anti-fraud measures regarding the transfer of Ace credits and the Transition 4.0 monitoring measures.
