Buying a house is one of the most important steps in many people’s lives, often accompanied by the need to take out a mortgage loan. A crucial question for many taxpayers concerns the tax deduction from the notary fees related to the mortgage.
Thanks to a recent response from the Revenue Agency published on TaxTodayan aspect linked to the cash principle and the year in which these expenses can be deducted has been clarified.
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The taxpayer’s question
A reader of TaxToday has raised a common doubt among those faced with purchasing a home by taking out a mortgage loan. Specifically, the question posed concerned the correct identification of the fiscal year in which to deduct the notary expenses incurred for the stipulation of the mortgage.
Below is the complete question:
“Last December I purchased my main home. For the stipulation of the mortgage loan relating to the same purchase I paid the notary, paying a sum in deposit, fees and other ancillary charges. The question is the following: since the notary issued the invoice in January 2025, in which year will I be able to deduct these expenses? In the year in which I made the payment (2024) or in the year the invoice was issued?”
This question is particularly relevant for those preparing to present the tax return and wants to understand whether the deduction should be applied in the year of payment or in the year of issue of the invoice. It is a rather common case, especially when the purchase and sale operations and the stipulation of the mortgage take place between two calendar years, creating uncertainty about how to correctly apply the tax breaks.
The Revenue Agency, with its official response, clarified the current legislation, offering a clear and useful reference for those who find themselves in a similar situation.
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The legislation: Irpef deduction at 19%
According to the provisions of tax legislation, the interest paid, the additional charges and the revaluation quotas linked to the mortgage loans taken out for the purchase of the main residence give the right to an Irpef deduction equal to 19%.
Among them ancillary chargesas specified, also includes notary fees relating to the stipulation of the mortgage contract and the sums incurred by the notary on behalf of the client (for example, for the registration or cancellation of the mortgage).
They are not deductibleinstead, the notary expenses incurred for the purchase and sale contract of the property.
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The cash principle: when to deduct expenses
In this specific case, the Revenue Agency reiterated that, in application of the cash principlethe deduction of expenses incurred can take place in the year in which the payment was made, regardless of the date of issue of the invoice.
Therefore, if the taxpayer paid the deposit, the fee and the additional charges to the notary in December 2024, he will be able to deduct these expenses in the tax return for 2024, even if the invoice was issued in January 2025. This principle ensures that the expenses are attributed to the fiscal period corresponding to the time of actual payment.
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Maintaining documentation: an essential step
The Revenue Agency has underlined the importance of correct and scrupulous preservation of documentation relating to payment of notary feesas it represents the fundamental proof to be able to benefit from the tax deduction.
In particular, the taxpayer must be able to show:
- The receipt of the payment made to the notarywhich certifies the actual payment of the sum on deposit, including fees and additional charges.
- The invoice issued by the notaryeven if dated in the year following payment, with the precise indication of the amounts paid and the reference to the deposit made.
These documents are essential to demonstrate that the expense was incurred in the correct tax year for the purposes of the deduction. It is advisable that the invoice explicitly reports the details of the advance payment, so as to avoid disputes during tax checks.
Keeping complete and well-organized documentation not only facilitates access to tax benefits, but also allows you to promptly respond to any requests for verification by the Revenue Agency, reducing the risk of non-recognition of the deduction.
