We would like to inform you that Decree Law No.176/2022 (“Aiuti-quarter”), has been published in the Official Gazette on November 18th, 2022.
Article 9 of this Decree changes the rates and conditions of access to the 110% Superbonus.
We hereby summarise the most relevant changes. For expenses incurred after January 1st, 2023, the rate is reduced from 110% to 90%, with some exceptions.
For Condominiums and buildings consisting of 2 to 4 distinctly stacked units of the same owner or co-owned by several individuals, it will be possible to maintain the 110% rate until December 31st, 2023, provided that the respective CILAS is carried out, or submit the application for the acquisition of the permit in the case of demo-reconstruction works, by November 25th, 2022; and, in case of interventions on condominium buildings, adopt the assembly resolution approving the works on a date prior to the aforementioned November 25th, 2022.
For single-family buildings, or self-contained units located in multi-family buildings, there is a double novelty:
1. ongoing interventions, with work progress status (SAL) already completed at 30% as of September 30th, 2022, will be able to retain the rate at 110% until 31st March, 2023, i.e., for three months longer than under the previous regulations;
2. for interventions that will start from January 1st, 2023, the deduction will be at the rate of 90% also for expenses incurred until December 31st, 2023, provided that:
the taxpayer is the owner or holder of the right in rem of enjoyment;
the unit is used as a main residence;
the household does not exceed the threshold of the so-called “reference income”, determined in accordance with paragraph 8-bis.1, not exceeding €15,000.
In addition, Aiuti-quater provides for an extension of the use of tax credits to 10 years, stipulating in Article 9 paragraph 4 that:
<<credits deriving from notices of assignment or invoice discount sent to the Revenue Agency by Oct. 31, 2022 and not yet used, can be used in 10 annual installments of the same amount, instead of the original installment provided for the aforementioned credits, subject to the supplier or the assignee sending a notice to the Revenue Agency, to be made electronically… >>;
<< the portion of the tax credit not used in the year cannot be used in subsequent years and cannot be claimed for reimbursement>>.
The new provisions are already creating certain issues pertaining to the submission of construction paperwork (CILAS or other permits depending on the type of intervention), given the impending deadline of November 25th, 2022.
In particular, there is the problem of the formal and/or substantial completeness of these files for both construction and tax purposes.
The Firm remains available for any further clarification.
Sincerely yours,
Nellina Pitto Giampiero Pino
