The Chamber of Deputies gave the final green light to Superbonus decree with 150 votes in favor and 109 against. After the many debates and bitter controversies of the last few days, the Government has gained confidence and the provision has become law.
Among the most important news to note is that on the costs incurred from 1 January 2024, which will have to be brought into force deduction over ten years instead of four. A restriction introduced with retroactive effect, in line with the Government's desire to review the building bonuses which have now become a sustainable burden for the State coffers.
Furthermore, from January 2025, there will be a stop to the compensation for banks of credits from construction bonuses with INAIL and INPS contributions. Below are the measures envisaged with the new Decree.
Superbonus decree: costs deductible over ten years
With the definitive green light for the Superbonus Decree, the costs will be deductible in ten years and no longer in four years. The costs for the architectural barrier bonus and the earthquake bonus are also deductible in ten years and no longer in five years.
A fundamental aspect of the decree is the retroactivity of the ruleto be applied already to costs incurred starting from 1 January 2024. In concrete terms, interested parties will have to wait more years than those foreseen by the old rules to be fully reimbursed.
The retroactivity of the law has caused a lot of discussion, even among the majority parties themselves there have been several disagreements. Nonetheless, in the end a vote of confidence was passed. For costs incurred by 31 December 2023, the four-year deduction remains in force. The obligation regarding the distribution of the deduction over ten years only affects the direct use of bonuses in the declaration, but does not affect the use of tax credits originating from discounts on the invoice or from transfers.
The companies that have acquired the credits will in fact continue to use them according to the regulations in force today: in four installments if attributable to the Superbonus and in five years if relating to the architectural barrier bonus and the earthquake bonus.
Restructuring bonus and news also for banks
The deductibility of costs over ten years is not the only innovation introduced by the Decree just approved by the Chamber. The provision also includes a further cut in the discount for renovation interventions, with the rate reduction of the deduction for energy requalification and building recovery works. Another restrictive provision envisaged to lighten costs and thus safeguard public finances.
The 2024 Restructuring Bonus is equal to 50% with a maximum expenditure ceiling to be deducted of 96,000 euros, while starting from 2025 the rate will drop to 36% and the maximum spending limit is 48,000 euros.
A further novelty concerns the stop to compensation for banking institutions. From 2025, things will also change for banks, which will no longer have the possibility of offsetting Superbonus credits with welfare and social security debts and insurance premiums against professional diseases and accidents at work.
Furthermore, banking institutions, intermediaries and insurance companies that have acquired credits at less than 75% of their original value are required to divide the installments into six annual installments, without the possibility of a further distribution or any transfer.
The latter, a measure that has greatly displeased the banks and which could have serious negative repercussions on businesses and families. Even if an exact assessment of the possible effects has not yet been made, the ABI promptly raised an alarm bell by highlighting the difficulties for banking institutions in offsetting the credits, with negative implications also on their ability to acquire other credits. Consequently, possible negative repercussions on businesses and their ability to sell credits.
Municipalities are also involved with the Superbonus Decree, as they have been given the opportunity to carry out anti-fraud checks in the application of tax benefits in the construction sector.
Superbonus decree: more news coming soon
In the end, Parliament confirmed the restrictions provided for in the Decree approved by the Council of Ministers. The “spread deductions” provision over 10 years, strongly supported by the Minister of Economy and Finance Giancarlo Giorgetti, was the most controversial. A measure with retroactive effect much criticized not only by the opposition parties. Forza Italia expressed its opposition without mincing words, among other things by abstaining in the Senate Commission.
However, the ceiling was confirmed 400 million eurosto allow in the areas of Abruzzo affected by earthquake of 2009 and in the areas of Central Italy affected by the 2016 earthquake, to continue to benefit from the transfer of credit and the invoice discount. At the same time, however, the possibility of accessing the Enhanced Superbonusa tool that allows a 150% relief by waiving the contributions foreseen for reconstructions in earthquake-stricken areas.
For the other areas of the country affected by the earthquake, excluded from the transfer and discount, a fund of 35 million euros has been established for 2025 to encourage the provision of contributions for reconstruction works.
A further fund of 100 million euros has been set up to provide contributions to third sector bodies and non-profit organizations for the redevelopment works to be carried out on their buildings.