The regulation of Superbonus capital gains
Article 67, paragraph 1, letter b-bis) of the TUIR, introduced by the 2024 Budget Law (law no. 213/2023), has expanded the scope of real estate capital gains subject to taxation. The law establishes that capital gains realized from the transfer for consideration of properties on which interventions subsidized with the Superbonus have been carried out constitute different income, if the sale takes place within ten years of the completion of the works. The general rule, however, excludes capital gains in the event of a sale after 5 years.
The provision on the Superbonus provides for two specific exceptions that exclude taxation: the capital gain is not taxable when the transferor has acquired the property by inheritance, or when the property has been used as the main residence of the owner or a family member for most of the period of possession. These are mandatory exceptions which, the Agency recalled, do not allow extensive interpretations.
The case
The Ade resolution deals with the case of a taxpayer who received a property as a donation from his mother in 2012. Energy redevelopment interventions facilitated by the 110% Superbonus were carried out on the property, concluded in December 2024. The housing unit was never used as a main residence either by the owner or by a family member.
In view of a possible sale in 2025, the owner asked the Agency whether the capital gain generated by the sale should be subject to taxation. In his opinion, no because the mother had in turn received the apartment by inheritance, thus falling within the cases of exclusion. The Agency has a contrary opinion.
Donation and inheritance are not comparable
In fact, the response states that the donation cannot in any case be equated with inheritance for the purposes of exemption from capital gains taxation. The legislator, in fact, expressly provided for the exclusion only for properties “acquired by inheritance”, without extending the benefit to other forms of free transfer such as donations.
In the specific case, the property was received by the taxpayer through donation and not through inheritance. The fact that the mother had in turn acquired the property by inheritance is therefore irrelevant: what matters is the way in which the current owner, who carried out the Superbonus interventions, obtained ownership of the property. The exception occurs exclusively in the hands of the person who transfers the property, not in the hands of the previous owners.
Furthermore, the property has never been used as a main residence, therefore it is not possible to appeal even to the second cause of exclusion provided for by the law. In this regard, the Agency also recalls that with circular no. 13/2024 it was further clarified that the taxation applies to the first transfer of the property covered by the Superbonus, regardless of who carried out the work, the percentage of deduction due or the method of using the incentive.
Consequently, if the owner intends to sell he will pay taxes on the gain without any alternative possibility.
The calculation of the capital gain (with example)
To determine the amount of the taxable capital gain, article 68 of the TUIR applies. In the case of properties received by donation, the purchase value to be considered is that supported by the donor, appropriately increased by the related costs. However, there are specific limitations for expenses relating to interventions facilitated with Superbonus.
If the works were completed less than five years ago and the taxpayer has benefited from the 110% deduction through credit transfer or invoice discount, these expenses cannot be considered in the calculation of the capital gain. However, if more than five years have passed since the completion of the interventions, it is possible to consider 50% of the expenses incurred for the subsidized works.
In the case of properties received by donation, as mentioned, the purchase value to be considered is that supported by the donor, appropriately increased by the related costs. If the donor had in turn received the property by inheritance, the reference value is that declared or defined in the inheritance declaration.
An example: the father receives a property by inheritance in 2010, with a declared value of 100,000 euros. In 2012 he donated it to his son, who carried out work with Superbonus in 2024 and sold it for 300,000 euros in 2025. The taxable capital gain will be 200,000 euros, calculated on the difference between the sale price and the value of the original inheritance, not being able to discount any costs, given that the sale takes place before five years from the end of the works.
