Superbonus 110% and capital gains: the study of the Notary


Emma Potter

In the complex universe of tax breaks linked to the construction sector, the 110% Superbonus represents one of the most discussed measures and, at the same time, among the most attractive for Italian citizens.

However, the recent study published by the National Council of Notaries, n. 15-2024/T, raises new questions, especially regarding capital gains on condominium works.

This document seeks to shed light on various ambiguous situations that can emerge from the transfer for consideration of properties that have benefited from superbonus interventions, offering an overview that ranges from interventions on the common areas to those “driven” in free construction, up to more complex such as inherited properties or subsidized jobs from which no direct tax benefit has been obtained.

The objective is to limit the applicability of the new rules on capital gains, avoiding excessively broad interpretations that could lead to almost paradoxical results.

Capital gains and common areas of the condominium

The crux of the debate on post-Superbonus real estate capital gains focuses on the fiscal relevance of the interventions carried out on common parts of condominiums. According to study no. 15-2024/T of the National Council of Notaries, the key issue lies in identifying if and when the capital gain generated by such works can be included in the new taxation.

The document sheds light on a fundamental point: only superbonus works carried out directly on the sold real estate unit should be considered generating a taxable capital gain according to letter b-bis) of paragraph 1 of article 67 TUIR.

This interpretation, however, must be received with caution. On the one hand, the increase in value of the property could also derive from improvements made to the common areas, such as the installation of a thermal coat or a central heating system. On the other hand, the complexity emerges linked to the right of each condominium owner to express his/her dissent with respect to the execution of certain works, despite the possibility of finding himself indirectly benefiting from the same.

This aspect raises significant questions about the scope of application of the rules relating to capital gains and underlines the need for further reflection, especially in consideration of the different condominium situations that may arise, from assembly decisions to the agreement between condominiums on the assumption of expenses for jobs.

Extraordinary maintenance and Superbonus

Another fundamental aspect covered by study no. 15-2024/T concerns the distinction between ordinary and extraordinary maintenance as part of the superbonus interventions. According to the document, only interventions of a certain extent, which can be classified as extraordinary maintenance, should affect the taxability of the capital gain generated by the sale of the properties.

This interpretation categorically excludes interventions of mere ordinary maintenance and those that can be carried out in buildings free from relevance for the purposes of capital gains.

This conclusion is also based on paragraph 13-ter of article 119 of Legislative Decree no. 34/2020, which specifies how the interventions facilitated by the Superbonus, excluding those involving demolition and reconstruction, fall into the category of extraordinary maintenance.

This distinction is essential to understand which works carried out can actually influence the amount of the taxable capital gain in the event of the sale of the property, thus offering clearer guidance for both owners and professionals in the sector.

In this way, the study by the National Council of Notaries aims to provide a more precise interpretative framework, which helps to navigate the tax complexities introduced by the Superbonus legislation, highlighting how not all the work carried out necessarily involves relevance for the purposes of capital gains.

Conclusions and final reflections

The 110% Superbonus undoubtedly represented a significant incentive for the relaunch of the Italian construction sector, promoting large-scale energy and anti-seismic requalification interventions.

However, as highlighted by study no. 15-2024/T of the National Council of Notaries, the interpretation and application of the rules relating to capital gains generate a series of questions and complexities that require attention and in-depth reflection. In particular, the distinction between the common parts of the condominium and the individual real estate units, as well as the definition of extraordinary maintenance, are key aspects that directly influence the taxability of capital gains.