Superbonus 110: clarifications on the expense date via bank transfer


Emma Potter

The request for ruling

In the request for ruling presented, the circumstance in question refers to a condominium responsible for making payments relating to the works of a minimum condominium without administrator.

Payments were made via bank transfers arranged via home banking Saturday 30 December 2023. The bank accounting reports show the “entry date” as 30 December 2023, the “execution date” as 2 January 2024 and the “value date” as 3 January 2024.

The resolution of the condominium assembly

According to what was declared by the applicant, owner of a real estate unit in the condominium, the condominium meeting had previously an energy requalification intervention was approved consisting ofthermal insulation of the building. A condominium owner had been in charge of manage procurement contractsmake payments and carry out all related activities.

These works, together with other “driven” interventions in the residential units of the individual condominiums, would have allowed achieve the double leap in energy class necessary to access the state benefits provided by thearticle 119 of the Relaunch Decree (Legislative Decree no. 34/2020).

Presentation of CILA

The sworn Notice of Commencement of Works (CILA) relating to the interventions has been submitted November 25, 2022. Therefore, he specified the applicant, the conditions to benefit from the 110% benefit for expenses incurred by 31 December 2023 are respected (article 1, paragraph 894, of law n.197/2022).

Which reference year?

The question concerns thecorrect year in which to charge the expensethat is, if it were to be considered sustained in 2023 or 2024. In the response, the Revenue Agency referred to the practice already issued on interpretative issues relating to the Superbonus, reconstructing the evolution of the discipline.

Revenue remember that the Superbonus is due to the extent of 110% for expenses incurred by 31 December 2022 and of 90% for those incurred in 2023, with some exceptions which allow the 110% rate to be maintained also for expenses incurred in 2023.

The cash criterion

The Agency then recalled that to determine the tax period in which to attribute the expenses, must be referred tofor natural persons, professionals and non-commercial entities, to the cash criterion (circular no. 24/E of 2020).

In particular, he emphasized that during the meeting “Telefisco” of 1 February 2024 it was stated that the relevant time for making the bank transfer it is the one in which thepayment order to the bankaccording to cash principle.