When it comes to tax breaks, there are always many doubts. And they are even more so when it comes to the first home, as it is often a purchase that is made by young people – and therefore inexperienced in the field – and moreover the topic is decidedly vast and complex, to try to satisfy an audience of more individuals. as wide as possible.
Recently, with a series of answers, the Revenue Agency has clarified a series of cases for which the application of the tax concessions established for the first home may or may not be reflected. Here are what they are!
First home tax breaks: what they are
First of all, let’s remember what the first home tax breaks are. Well, they consist in paying a reduced amount of taxes, including:
- the registration tax (at 2% on the cadastral value of the property instead of 9%) for transfers with the exception of cadastral categories A1, A8 and A9.
- the mortgage and cadastral tax (to be paid in a fixed amount of 50 euros on each tax).
- VAT (at 4% instead of 10% when the sale is made by companies).
The first home concessions are also valid for the purchase of appurtenances, including building units stacked C2 (warehouses and storage rooms), C6 (stables, stables, remittances, garages) and C7 (closed or open canopies).
In the event of the sale of a property purchased as a first home without 5 years from the purchase, registration, mortgage and cadastral taxes are due in the ordinary measure, and an additional sanction equal to 30% of the taxes. Furthermore, in the case of sales subject to VAT, the Revenue Agency will have to recover the difference between the standard rate at 10% and the subsidized rate at 4%.
The penalties and sanctions expire if the person purchases a new home, to be used as a main residence, within one year.
Repurchase of an emigrant
If a person residing abroad buys a property in Italy to be used as a main residence, resells it before 5 years have elapsed and buys another one, can he / she keep the first home benefits?
The Revenue Agency reiterated that the forfeiture does not take place if the taxpayer buys another property, provided that it is purchased as a first home on Italian territory. In this case, given that the person lives abroad, he or she cannot have the obligation to use the property as a main residence or to establish residence.
Former marital home
If a spouse in community of property buys a house by benefiting from the first home benefits, what happens in the event of a divorce? The family home is assigned to one of the two up to a certain year, but if before that year the owner of the family home buys another home to be used as a residence for himself and for the children?
The Agency has confirmed that it can again benefit from the concessions provided that it sells its share, ie 50% within one year.
First home concessions to the preliminary
When registering a preliminary contract, the Agency underlined how the tax breaks for the first home cannot be used for the payment of down payments and down payments, especially with regard to the proportional registration tax to be paid. The reason depends on the fact that the rule refers only to translational or constitutive acts for consideration, therefore the preliminary contract is excluded.
Former family house
If two spouses buy a house for 50% each using the facilities, separate and start the practice for the mutual separation, then decide to sell the house, what happens if the sale takes place before the appearance hearing and before the consensual separation?
According to the Agency, the transfer of ownership of the facilitated property within the five years of the purchase can be considered related to the separation procedure, and therefore to avoid forfeiture the court must issue the decree of approval of the consensual separation agreement.