Land registry income from properties redeveloped with Superbonus: tax checks begin


Emma Potter

When the annuity should be updated

The Budget Law for 2024 introduced the specific obligation for Revenue verify that it is
the declaration of update of the cadastral income has been presented
, provided for by article 1, paragraphs 1 and 2, of the decree of the Minister of Finance n. 701 of 19 April 1994, with reference to the real estate units subject to Superbonus interventions.

Based on what the Ministerial Decree establishes, the revision of the income is always due in case of interventions that increase the value of the property by 15%.and in the face of a change in the original characteristics through the redevelopment of services, the use of more valuable materials, the installation of new technological systems.

It is evident that in case of requalification through Superbonusboth energetic and anti-seismic, you always fall under the obligation to change the cadastral register. For example, in the case of energy requalification, the interventions necessary to ensure the jump of two classes necessarily involve the modification of the building's systems, even without considering the possible addition of a photovoltaic system. In the case of Consolidationhowever, there is no doubt that the redeveloped property acquires a value at least 15% higher than the condition before the intervention.

Controls and compliance

In light of these provisions, in circular 13/2024 the Agency underlines that, with specific regard to the real estate units subject to the Superbonus interventions, a additional and functional power to induce the taxpayer to comply with communication obligations where not carried out or not carried out correctly and, therefore, to possibly update the cadastral income in the buildings land registry documents.

For this reason the same rules establish that the Agency must develop specific lists of properties to be subjected to verificationand in cases where the presentation of the cadastral change has not been carried out, send aspecific communication in order to urge the taxpayer to comply with the provisions. It is essentially a mechanism to stimulate compliance, which allows the recipients of the communication to spontaneously take steps to regularize one's position.

In the absence of presentation of the communication, the sanctionswhich vary from a minimum of 1,032 to a maximum of 8,264 euros.

How taxes work on the capital gains of redeveloped properties

In the same circular the Agency also takes stock of the provisions of the Budget Law which introduced the tax on the capital gain realized from the sale of properties redeveloped with the Superbonus before ten years from the end of the worksexcluding properties used as a first home and those inherited.

It is possible to choose at the time of the deed to apply thesubstitutive taxfixed to 26 percentotherwise the gain given by the difference between the selling price and the purchase price or construction cost must be added to other income.

The Agency reminds you that the rules apply for all types of properties and regardless of whether the interventions were carried out by the owner/seller or by the tenant, the tenant or the cohabiting family member. The type of interventions, driving or driven, is not even relevant taxation is triggered even if interventions have only been carried out on the common areas and not on the individual apartment.

They also fall within the scope of the application of the new measures all redevelopment interventions from Superbonus as suchregardless of whether the percentage of the benefit has decreased over time.

When expenses can be added to the purchase cost

However, with the new regime it is confirmed that the capital gain is calculated taking into account the purchase cost of the asset increased by any other costs inherent to the asset itselfi.e. in this specific case also the value of the Superbonus intervention.

Expected though two different calculation hypothesesdepending on whether more or less than five yearsand in relation to the rate and methods of use of the benefit.

In detail:
– if they have passed less than five yearsfor the purposes of calculating the capital gain, the expenses relating to interventions eligible for the Superbonus are not taken into account if the 110 percent incentive has been used and the invoice discount options have been exercised;
– if they have passed more than five yearsfor the purposes of calculating the capital gain under the same conditions, 50 percent of the costs are taken into account.

However, when the Superbonus was used in the form of direct deduction you always have the right to consider the expenses incurred in full.