Superbon to Launch Assets through Le Cession in 2022

On 23 March, the Finance Commission of the Chamber approved some expected amendments on the Superbonus al DL 11/2023 to be converted by next 17 April.

Furthermore, the charter of the remission in bonis for the 2022 transfers seems definitive.

Let’s see the details.

Superbonus villette: extension to 30 June for reporting

As specified by the documents of the Chamber, the first issue addressed was the one relating to the extension of the deadline for reporting on the work carried out on the real estate units of natural persons, le so-called villas, which is postponed from 31 March to 30 June 2023 keeping the full rate at 110% without prejudice to the deadline for completion of the works.

We are talking about the expenses incurred with regard to interventions carried out by natural persons on single-family buildings which, as of 30 September 2022, had been carried out for at least 30% of the total intervention.

Superbon: release in assets by le cession 2022

With a last minute amendment it seems that the transfers and discounts on the invoice relating to Superbonus expenses made in 2022 will be saved.

We remind you that the deadline for notifying the Revenue Agency of the options for transferring credits connected to last year’s expenses expires by 31 March.

For months, however, the transfer market has been at a standstill and many have not been able to give in.

For those who have not found a credit transfer agreement signed by a bank or other person on 31 March, it is expected that “if the transfer agreement has not been concluded by 31 March 2023″, the communication of the option can be made with the remission in bonis

That is, the possibility is granted, by paying a fine of 250 euros, to provide late measures by 30 November.

However, the condition is that the reopening of the terms (by paying) will be available only for transfers made in favor of banks, companies belonging to banking groups, financial and insurance intermediaries.

It would seem that transfers to private individuals are excluded.

The final text of the proposed amendment is awaited.

Superbonus: exceptions to the block on transfers are foreseen

There are also exceptions to the prohibition of invoice discounts and credit transfers for:

• free building interventions,
• for the properties of IACP, ONLUS and third sector entities,
• for the so-called Sismabonus “crate”i.e. the one that refers exclusively to properties located in areas already affected by seismic events.

In particular, for interventions in free building, the blocking of transfer and discount options on the consideration established from 17 February 2023 by art. 2 paragraph 1 of Legislative Decree 11/2023 does not apply for:

• the interventions that had already begun on 16 February,
• interventions for which a binding agreement had been stipulated between the parties by 16 February for the supply of the goods and services covered by the works.

In the event that no advances have been paid by 17 February, it is possible to certify with a self-declaration that the start date of the works or the stipulation of said agreement is prior to 17 February.

Superbonus: alignment of deductions

Some relative authentic interpretation rules are envisaged the alignment of the deductions from the current 4 and 6 years to 10 years and relating to the alignment and revision of the terms of the communication to the Revenue Agency for the assignment of credit.

A rule would allow the transferees to opt for a time horizon for the use in compensation of the purchased tax credits, on 10 years instead of 4 or 6 years. This possibility would concern not only the superbonus but also:

• the 75% barrier bonus,
• the sismabonus,

whose communication of option was sent by 28.0.03.

Furthermore, on the same issue, according to Undersecretary Freni, the Government is studying a further forecast, namely that to extend the period to deduct the expenses relating to the superbonus and other construction bonuses to 10 years, even for property owners who have not transferred the credit. The proposal should arrive in the Commission next week when the amendment work will resume.

Superbonus: clarifications on CILAS

A further interpretative clarification and therefore with retroactive effect, concerns the variations of the CILAS:

• it is expected that, for the purposes of compliance with the legislative terms, only the date of presentation of the CILAS is relevant and not any subsequent changes,

Similarly, it is envisaged that the condominium resolutions with which variations to the original decision to carry out the works are approved have no effect for the purposes of compliance with the prescribed terms.

To facilitate the offsetting of tax credits, offsetting against social security contributions is expressly permitted.

I am finally certain provisions are envisaged aimed at streamlining and simplifying the management and reporting of tax creditswhich had been suggested by the operators of the sector.