The 2024 Budget Law has introduced important changes regarding the taxation of real estate capital gains for properties that have benefited from interventions facilitated by the Superbonus.
Recently, on the Fisco Oggi website, a reader’s question was published regarding the taxation of real estate capital gains for homes that have benefited from the Superbonus. The response from the Revenue Agency provided crucial clarifications on this topic.
But what are the new rules? Who is affected by these changes and which properties are affected?
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The reader’s question
A reader asked if those who sell a house on which interventions facilitated by the Superbonus have been carried out must pay a26% capital gains tax. Furthermore, he asked whether this rule applies to all properties, even when the benefit has not been used by the owner of the house but by the borrower.
The response from the Revenue Agency, reported on the Fisco Oggi website, clarified that the new budget law introduces a hypothesis of taxable real estate capital gain for the onerous transfers of properties that have benefited from the Superbonus, regardless of the person who carried out the work.
This means that the regulation applies even if the benefit has been used by other entitled parties, such as the borrower.
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What’s new in the 2024 Budget Law
Article 1, paragraph 64 of the 2024 Budget Law introduced a new hypothesis of taxable real estate capital gain for the onerous transfers of properties. This provision applies starting from 1 January 2024 and concerns properties that have been the subject of interventions supported by the Superbonus, concluded no more than ten years before the transfer.
The legislation was further clarified by Circular No. 13 of 13 June 2024 of the Revenue Agency, which provided important details to fully understand the implications of the new law.
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Properties and interested parties
The properties affected by the new provisions are all those on which interventions eligible for the Superbonus have been carried out. This includes not only residential properties but also non-residential ones.
The rule applies regardless of the person who carried out the work, who may be the owner or others entitled to the deduction, such as tenants, borrowers or cohabiting family members.
Excluded from the new rules are capital gains arising from the sale of properties acquired through inheritance and those used as the principal residence of the transferor or his family members for the majority of the ten years preceding the sale, or for the majority of the period between the purchase or construction and the sale, if less than ten years.
For the calculation of the capital gain, on which the taxpayer can apply the substitute tax of 26% instead of the ordinary tax regime, please refer to circular no. 13 of 2024 of the Revenue Agency.
The circular provides all the instructions necessary to correctly determine the amount of the taxable capital gain and apply the substitute tax.
This new regulation requires taxpayers to pay greater attention in managing real estate transfers to avoid tax surprises and ensure compliance with the new legal provisions.
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Conclusion
The changes introduced by the 2024 Budget Law represent a significant change in the landscape of taxation of real estate capital gains.
It is essential for property owners and all those who have carried out interventions facilitated by the Superbonus to be aware of these new rules to best manage their real estate operations.
