The recent decree approved by the Government has introduced significant innovations regarding credit transfers and invoice discounts relating to building incentives, creating a turning point in the field of tax breaks for building redevelopment.
However, despite the general tightening, an important area of protection emerges for those subjects who had already started the interventions.
This article aims to explore in detail the implications of this legislative innovation, outlining who will actually be affected by the block and who, however, will still be able to benefit from the previous provisions.
Protection of Pre-Existing Contracts and Presentation of Securities
Despite the tightening imposed by the Government on the transfer of tax credits and on invoice discounts, a significant measure of protection is guaranteed to those who had already taken concrete actions before the entry into force of the new decree.
In particular, those who had already presented a title or signed a contract in relation to building incentives are excluded from the block. This safeguards a wide range of stakeholders, ensuring that investments and initiatives already underway are not compromised by the new provisions.
Furthermore, the Government's interest in maintaining a balance between the need to regulate the sector and that of protecting the interests of citizens and businesses that had already planned interventions in good faith is highlighted.
Exceptions and Safeguarded Cases
Despite the restrictions introduced, the decree therefore provides for a series of exceptions that keep the previous rules valid for specific situations.
These include works for which, before the entry into force of the decree, a Cilas (Certified Notice of Commencement of Work) was presented for non-condominium interventions linked to the Superbonus, or a condominium resolution was approved for superbonus works, or a qualification for demolitions and reconstructions was requested.
Even works that have already started or those for which, although they have not yet started, a contract has been stipulated binding contract with the payment of a deposit, are excluded from the block, provided that they do not fall within the specific scope of the Superbonus.
These safeguard measures represent an important signal of continuity for all those construction projects launched on the basis of previous regulations, guaranteeing a certain stability and predictability for investors and citizens.
Impact on the Third Sector and earthquake-affected areas
The regulatory tightening focuses in particular on two key areas: the Third sector, including the IACP (Autonomous Social Housing Institutes), and the Superbonus for areas affected by earthquakes. The new rules provide for the elimination of the possibility of transferring credits and invoice discounts for these sectors, which until the last moment before the approval of the decree enjoyed greater flexibility.
This decision aims to rationalize the use of state resources, concentrating economic efforts in areas considered priority. In addition, there is a restriction in the scope of application of the architectural barrier bonus, further limiting the possibilities of accessing these incentives.
This segment of the legislation marks an important turning point for the bodies and citizens involved, significantly changing the planning and implementation prospects of the incentivized building interventions.