Superbonus decree: what changes for deductions, transfers and controls


Emma Potter

On May 23, 2024 with the final approval of the Chamber of Deputies Superbonus decree it became law. The full text of the Legislative Decree can be consulted in the Official Journal at the following link.

Compared to the previous one, changes have been made and new features have been introduced in terms of deductions, transfers and controls.

Deductions and renovations

The expression “spreads deductions” has become part of the political debate linked to the decree, with which Minister Giorgetti summarized the lengthening to 10 years, compared to the 4 of the previous provision, of the time period in which it is possible to divide the deductions linked to expenses incurred for construction bonuses (including superbonus, architectural barrier bonuses, sismabonus and sismabonus for purchases).

For citizens, the time required to obtain a full refund of what is due is therefore extended (which remains spread over 4 years only for expenses incurred by 31 December 2023).

The 10-year distribution does not affect tax credits deriving from invoice discounts or transfers, which can be used by companies in 4 installments if related to the Superbonus, in 5 installments if deriving from Sismabonus and Architectural Barrier Bonus.

However, it is mandatory when you decide to opt for the direct use of the bonuses in the declaration.

The other novelty linked to deductions is their character retroactiveas expenses incurred before the law came into force can also be deducted, namely those starting from January 2024.

From 2028 and for the following 5 years, however, the subsidy granted for the renovation of homes will decrease from 36% to 30%. For 2024 the maximum deductible expense has been set at 96,000 euros with a rate of 50%, before moving to 36% in 2025 with halving of the deductible expense which cannot exceed 48,000 euros.

These restrictions do not apply to interventions to replace the existing emergency generator set with latest generation gas emergency generators.

Fund for earthquake damage and dormant Cilas

For the year 2025 they will be allocated 35 million euros in favor of those who will carry out energy requalification and anti-seismic interventions on properties that have suffered damage or injury seismic phenomena occurred after 1 April 2009 in regions other than Marche, Abruzzo, Lazio and Umbria.

For the areas of central Italy devastated by the 2016 earthquake and for the towns of Abruzzo damaged by the 2009 tremors, the fund of 400 million euros to be allocated to credit transfer and invoice discount.

However, the strengthened superbonus is abolished which, after renouncing the contribution intended for reconstruction, allows for a 150% relief, and it is specified that the 400 million euros are intended for new practices whose presentation date falls within the period April- December 2024.

The law also addresses the issue of dormant Cilas, which indicates the interventions for work already done as of March 30, 2024 without incurring any expenses documented by a suitable invoice. On the topic, neglected in the previous version of the decree, the government has in fact established that it will no longer be possible to enjoy the benefits of the superbonus (discount on the invoice or transfer of credit) for works whose communication date of start of activity occurred by 16 February 2023.

With the aim of monitoring public spending, article 3 of Legislative Decree no. 39/2024, imposes the obligation on those who have already started the works or intend to do them by taking advantage of the super bonus, to communicate the following data related to the super ecobonus and super seismabonus expenses: cadastral data relating to the property subject to the interventions , total expenses incurred and expected as of March 30, 2024, the percentage of deduction to which you are entitled.

The recipients of the communication are ENEA, for energy efficiency interventions, while for anti-seismic interventions, the National Seismic Classifications Portal (Italian Housing Department of the Presidency of the Council of Ministers).

In case of failure to comply with the aforementioned obligation, the law provides for sanctions for those who fail to comply.

Banks, insurance and credit clearing

Starting from 2025, banks and other credit institutions (natural persons are excluded) will not be able to resort to social security debts to offset the credits deriving from the superbonus. In case of violation, sanctions are foreseen and the recovery of the compensated sums burdened by the related interests.

The Italian Banking Association has pointed out that such a tightening of credit compensation could reduce the ability of banks and insurance companies to purchase further credits, with a consequent limitation in the acquisition of credits from the companies that hold them.

Anti-wear and third sector standard

To intervene against those who have profited and prevent similar behavior to the detriment of companies in difficulty, one has been defined anti-wear standard according to which the rescheduling of credits passes to six yearsif the credits being purchased have been discounted by a percentage greater than 75% (remains 4 years for lower discount percentages).

To avoid allowing those who have to benefit from the benefits of the superbonus debts to the statethe use of tax credits for taxpayers who have registrations in the register (or loads managed by collection agents) for unpaid taxes amounting to more than 10,000 euros is suspended until the amount due has been reached (where the deadlines have expired payment and there are no current installment plans).

To encourage the Municipalities to ensure the correct application of the decree, in the event of reporting of irregularities, they will benefit from the possibility of withholding up to 50% of the sums identified as non-compliant.

The law has not forgotten the third sector: a fund of 100 million euros will be made available from 2025 for non-profit organisations, voluntary organizations (ODV) and social promotion associations (APS), to be allocated to the energy and structural requalification of properties to be they are used to carry out their activities and are present in the balance sheet.

However, the tax on the consumption of sweetened non-alcoholic drinks (called sugar tax) and the tax on single-use plastic products (plastic tax) which should have come into force in July 2024, have been postponed to 2025 and 2026 respectively.