When selling an apartment on which renovation interventions were carried out For which the building bonuses and therefore Irpef deductions have began to benefit, a recurring question arises: Who has the right to continue to deduct the residual shares? The seller or the new owner?
The answer It depends on some conditionsthat the tax legislation regulates clearly but not always known to those who deal with a real estate sale. The Revenue Agency provided useful clarification on the matter through its address book Fiscooggi.
Deductions for renovation in the event of sale: what the legislation provides for
As we know, article 16-bis of the Tuir provides for an Irpef deduction on the expenses incurred for the recovery of the building heritage (from this year of 50% or 36%, depending on whether they are first or second home), to be divided into ten annual shares, the so-called renovation bonus or home bonus. But what happens if the property subject to the works comes Sold before having completed the cycle of ten annual installments?
Based on the legislation (and as confirmed also in the Circular no. 19/E/2020), in case of sale of the property, The unused deduction is transferred to the buyer, unless otherwise agreed between the parties reported in the act of sale.
So if nothing is specified in the deed, the general rule is that The residual installments of the renovation bonus automatically pass to the buyer. This, in fact, becomes the owner of the property and can continue to benefit from the deduction for the tax periods following the sale, even if the expenses were incurred by the seller. This automatic “transfers” of the tax benefit It is linked to the ownership of the property, not to those who paid the costs.
Renovation deductions: when the seller can hold them
However, the parts can decide by mutual agreement that the deduction remains for the seller. In this case, it is essential that such will be explicitly indicated in the notarial deed of sale.
This agreement derogation from the general rule And it allows the seller to continue to benefit from residual deduction shares, even if it is no longer the owner of the property. This is a useful option, for example, when the seller incurred important expenses just before the sale and wishes to complete the deductions cycle.
In the absence of this specific agreement in the act of transfer of the property, the conservation of the unused deductions can also be inferred from the seller from one private writing – authenticated by a notary or other public official – signed by both sidesin which it is acknowledged that The agreement was existed since the date of the deed.
Obviously then the behavior of the taxpayers during the tax return and 730 must be consistent with what is indicated in the agreement.
Documentation to be kept to avoid disputes
In the event that the deduction remains to the seller, in derogation of the general rule, it is essential to keep carefully:
- a copy of the deed of sale with the indication of the agreement between the parties (or of the private writing we were talking about in the previous paragraph);
- there documentation of payments made;
- the Invoices relating to interventions;
- possible correspondence with the buyer or notary.
Rules to remember in case of sale with deductions for renovation in progress
- In the absence of agreementthe deduction passes to the buyer.
- With written agreement In the deed (or with authenticated private writing and signed by both sides), the seller can retain the benefit.
- The agreement must be explicit and unequivocal.
- The seller must Store all the documentation relating to the works.
- It is always advisable that the parties are aware of the tax implications before signing.
House renovation bonus sold: faq
1. Who is entitled to tax deductions in case of sale of the property?
If not differently in the act of sale, the residual deductions for renovation works automatically pass to the buyer/buyer.
2. Is it possible to keep the deductions even after selling the house?
Yes, but only if in the act of sale it is expressly indicated that the seller holds the residual deduction shares.
3. If the deduction passes to the buyer, can it take advantage of it even if he has not paid the work?
Yes. The right to deduction is linked to the property of the property, not to the person who incurred the expense.
4. What happens if nothing is said about the deduction in the act of sale?
In the absence of specific agreements, the residual installments automatically move to the buyer.
5. What documents should the seller keep the deductions?
The deed of sale with the agreement, the invoices, the wire transfers, any building permits and each proof of the payment.
6. The same rules also apply to the other building bonuses or only for the renovation bonus?
The transferability rules are also the same for other building bonuses (e.g. Ecobonus and Superbonus), while for example the mobile and appliance bonus and the green bonus (now no longer active) do not move in the event of sale, because they are not related to the property, but to the person who supported the expense.
7. Is it possible to yield the deductions to the buyer even if it is not foreseen in the deed?
Yes, but the agreement between the parties must be formalized with a private writing authenticated by a notary or other public official, and registered as a valid act for tax purposes. This type of document integrates the original deed and is considered valid by the Financial Administration for the management of deductions in the tax return.
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