When selling a property that has benefited from the Superbonus incentives, issues related to the taxation of the capital gain. This issue is of particular importance for owners who have acquired the property, partly through inheritance and partly through purchase for consideration.
In this article we analyze the clarifications provided by the Revenue Agency with the answer no. 208 of 23 October 2024.
Advertisement – Advertising
When is the capital gain taxable?
According to current legislation, the sale of properties on which subsidized interventions have been carried out with the Superbonus (Legislative Decree no. 34/2020) within the last ten years can generate capital gains subject to taxation.
However, there is an important exception: the share of the property received through inheritance is not subject to taxation.
This point is crucial for owners who have acquired part of the property through inheritance and part through onerous purchase.
In the case of the sale of a partially inherited property, a distinction must therefore be made between the inherited share, which is not taxable, and that purchased for consideration, which is. The calculation of the taxable capital gain must be carried out only on the part of the property purchased for consideration.
Advertisement – Advertising
Super bonus and capital gain: what interventions to consider?
Another key point concerns the type of interventions carried out on the property. With response no. 208 from the Revenue Agency, it was clarified that, for the purposes of identifying the taxable capital gain, it is not relevant whether the works carried out concern the single real estate unit or the common parts of the condominium.
In fact, the capital gain is taxable even if the interventions facilitated with the Superbonus were carried out exclusively on the common parts of the building.
This means that if, for example, an owner decides to sell a apartment located in a condominium in which work has been carried out on facades, roofs or other common parts thanks to the Superbonus, the sale of the property could still generate a taxable capital gain, regardless of the fact that no specific works have been carried out inside the apartment itself.
Advertisement – Advertising
The calculation of the taxable capital gain
The calculation of the taxable capital gain is a crucial step in the case of the sale of a property on which interventions facilitated by the Superbonus have been carried out. The capital gain is determined as the difference between the sale price of the property and the original purchase price, revalued and increased by the related costs, as provided for in article 68, paragraph 1, of the TUIR.
In the specific case examined by the Revenue Agency, the property had been acquired half through succession and half through onerous purchase. To correctly calculate the capital gain, it is necessary to distinguish between the inherited share, which is not taxable, and that purchased for consideration.
The taxable part will only be that relating to the share of property purchased for consideration, i.e. 50% in the case analysed.
Furthermore, the expenses incurred for interventions eligible for the Superbonus cannot be considered in the calculation of the capital gain until ten years have passed from the end of the works, as the minimum time period for tax deductibility has not yet been completed.
Advertisement – Advertising
The 26% substitute tax
A further innovation introduced starting from 1 January 2024 concerns the possibility of applying a26% substitute tax on capital gains deriving from the sale of properties subjected to interventions subsidized with the Superbonus.
This substitute tax simplifies the tax calculation for the taxpayer and allows you to avoid the application of the progressive rates envisaged by the IRPEF system, making the tax costs deriving from the transfer more predictable.
This opportunity may be particularly interesting for those who have acquired properties partly through onerous purchases and have carried out interventions eligible for the Superbonus, as it reduces the uncertainty linked to the application of ordinary rates.