The Revenue Agency has recently released a circular that provides clarifications and operational indications on the new regulation of real estate capital gains introduced by the 2024 Budget Law.
These changes concern in particular the properties that have benefited from the Superbonus and the change in the status of the assets. How will these changes affect property owners and operators in the sector?
Let's discover the details of the new rules together.
Changes to the tax rules on capital gains
The 2024 Budget Law, through article 1, paragraphs 64 to 67, has made significant changes to articles 67 and 68 of the TUIR (Consolidated Income Tax Act).
One of the main innovations concerns the introduction of a new category of taxable capital gain, which applies to the sale of properties that have benefited from the subsidized interventions of the Superbonus, concluded no more than ten years ago.
The Revenue Agency, with circular no. 13/E of 13 June 2024, provides detailed operational instructions regarding these new provisions. The circular clarifies that the new regulations apply to all types of properties that have been subject to subsidized interventions eligible for the Superbonusregardless of who carried out these interventions (owner, tenant, borrower, cohabiting family member, etc.).
It does not reveal the type of interventions (driving or driven) nor the extent of the deduction due. The new capital gain applies only to the first transfer for consideration made within ten years from the conclusion of the works, excluding subsequent transfers.
Capital gain calculation criteria
Article 68 of the TUIR was modified by the 2024 Budget Law to define the criteria for calculating the new capital gain. In general, the capital gain is calculated as the difference between the consideration received and the cost of purchasing or building the property, increased by any other inherent costs.
For the new type of capital gain, if no more than five years have passed between the date of conclusion of the subsidized interventions and the date of sale of the property, the expenses relating to the interventions eligible for the Superbonus cannot be recognized as an increase in the purchase cost if you have benefited from the 110% Superbonus and have exercised options for the discount on the invoice or the transfer of the tax credit.
If more than five years have passed, 50% of the expenses incurred for the subsidized interventions are taken into account, if the 110% incentive has been used and options for the invoice discount or credit transfer have been exercised of tax.
The 26% substitute tax may be applied to the capital gain calculated according to these criteria, as provided for in article 1, paragraph 496, of law no. 266/2005.
Change in the condition of the goods
Article 1, paragraphs 86 and 87, of the 2024 Budget Law also introduces innovations regarding changes in the status of assets for the real estate units subject to interventions eligible for the Superbonus.
According to the new rule, the Revenue Agency verifies, on the basis of specific selective lists, whether the declaration of change in the status of the assets has been submitted, as provided for in Article 1, paragraphs 1 and 2, of Ministerial Decree no. 701 of 19 April 1994.
In case of failure to submit this declaration, the Revenue Agency may send the taxpayer a communication pursuant to article 1, paragraphs 634 to 636, of law no. 190/2014, in order to urge the taxpayer to comply with the provisions. This process, known as compliance stimulus, aims to ensure that all changes are correctly declared and that the properties are adequately registered in the buildings register, also for the purposes of any effects on real estate income.
