In a recent Circular, the Revenue Agency provided important clarifications regarding the Superbonus for the whole of 2023: here’s what you need to know.
The objective of the measure is to relaunch the construction sector, after the crisis due to the Covid-19 pandemic, by providing a refund to citizens who would have carried out works for the energy requalification of buildings.
Please note that the Superbonus is due for the expenses incurred by 31 December 2025 for interventions carried out by:
condominiums
natural personsoutside the exercise of business, art or profession, for interventions on buildings consisting of two to four distinctly registered real estate units, even if owned by a single owner or jointly owned by several natural persons
non-profit organizations of social utility (referred to in Article 10 of Legislative Decree No. 460/1997), voluntary organisations (registered in the registers referred to in law n. 266/1991) e social promotion associations (registered in the national, regional and autonomous provinces of Trento and Bolzano registers, pursuant to article 7 of law no. 383/2000).
This includes the interventions carried out by individuals on individual real estate units within the same condominium or the same building and those carried out on buildings subject to demolition and reconstruction.
Superbonus 2023, the clarifications of the Revenue Agency
As regards the clarifications inserted within the Circular 13-E/2023 we find the news that arrived following all the latest decrees (Aiuti-quater Decree, Budget Law 2023, and Transfer Decree).
The extension for the villas
Among the latest news of the superbonus 2023, the extension from 31 March to 30 September 2023 the end of the superbonus for the interventions carried out on single-family units, provided that at least 30% of the total intervention has been carried out by 30 September 2022.
In the Circular, the Agency points out that, following the changes made by Aid-quater Decree the Superbonus, in relation to interventions carried out by condominiums and natural persons, outside the exercise of business, arts and professions, is due to the extent of 110% for expenses incurred by 31 December 2022 and 90% for those incurred in the year 2023.
In this regard, the Agency clarifies that the 2023 Budget Law he predicted that such changes do not apply to interventions:
other than those carried out by condominiums for which the sworn notice of commencement of works (Cila) is presented on November 25, 2022; carried out by condominiums for which the Cila is presented on 31 December 2022 and the resolution of the shareholders’ meeting that approved the execution of the works is adopted by 18 November 2022; carried out by condominiums for which the Cila is presented on November 25, 2022 and the shareholders’ resolution that approved the execution of the works is adopted between November 19, 2022 and November 24, 2022; involving the demolition and reconstruction of buildings for which the application for the acquisition of the permit has been presented as at 31 December 2022.
In other words, anyone who complies with these conditions listed above retains the right to benefit from the rate of 110% for expenses incurred by 31 December 2023, 70% for those incurred in 2024 and 65% for those incurred in year 2025.
Income ceiling
The deduction rate applies to the extent of 110% expenses incurred by natural persons by 30 September 2023, interventions carried out on single-family buildings or on functionally independent real estate units, provided that, as at 30 September 2022, the amount of the works carried out is at least equal to 30% of the total intervention.
The agency explains that, for interventions started from 1 January 2023 the deduction is due to the extent of 90% for expenses incurred by 31 December 2023, on condition that the taxpayer holds the right of ownership or real right of use on the real estate unit, that the same real estate unit is used as a main residence and that the taxpayer has an income of reference, not exceeding 15 thousand euros.
In this regard it was clarified that:
for “works started” after 1 January 2023 we mean the works “started” from that date (i.e. works for which the Cila has been presented as from the aforementioned date and the start date of the works indicated in the same Cila is after December 31, 2022 or the communication is prior to January 1, 2023 provided that the taxpayer is able to demonstrate that the works started from the year 2023); the right of ownership or the ownership of another real right of enjoyment on the real estate unit must exist at the time of start of the works; the property on which the works are carried out must be used as the main residence of the taxpayer at the latest at the end of the works; for the purposes of calculating the reference income, the spouse or member of the civil union is taken into account, even if they do not appear in the family register, the cohabitant, children and family members who are dependents in the year preceding the expense .
The latest news after the Transfers Decree
Finally, as illustrated by the circular, the Transfers Decree (DL 11/2023) hintroduced an interpretative provision of paragraph 10-bis of article 119according to which all the requirements set out in the aforementioned paragraph must exist from the start date of the works or, if earlier, to incur expenses, and must persist until the end of the last tax period in which the annual deductions are used.
Furthermore, it is established that the requirement of non-receipt of compensation or indemnity for office by the members of the board of directors of the Onlus, Odv or Aps is satisfied if, regardless of the provisions of the statute, it is demonstrated, by any means of proof , or with a declaration made pursuant to articles 46 and 47 of the DPR 445/2000that the aforesaid members of the CDA have not received compensation or indemnities for their duties, or have renounced them or have returned them.
Ten-year benefit distribution
Lastly, the Revenue Agency Circular specifies that the Cessioni Decree has introduced paragraph 8-quinquies into article 119, according to which the taxpayer, for expenses incurred in the year 2022, can spread the tax benefit of the Superbonus over ten years rather than four yearswith this new distribution starting from the 2023 tax period.
Source: article by lentepubblica.it
2023-08-23 22:24:45
#Superbonus #clarifications #Revenue #Agency
