Super bonus 110%: how it will work in 2023

The first weeks of November were full of changes regarding updates relating to Superbonus 110.

Italian Post Office from Monday 7 November it has decided to stop the purchase of tax credits linked to building bonuses, in concrete terms it does not accept new transfer procedures, giving priority to those already in place. The tax credit purchase service is therefore suspended due to the opening of new procedures. It is possible to follow the progress of the procedures in progress and upload the documentation for those to be completed.

Given the fiscal capacity now running out, the increasingly widespread line among institutions is not to accept new procedures, but to work only on completing those already started. In fact, Poste Italiane has aligned itself with what the main credit institutions on the market, such as Intesa, Bnl and Unicredit, are already doing.

No official explanation on the reasons for the stop: it could be for reasons of fiscal capacity or due to the regulatory uncertainty that continues to characterize the sector in recent months. The rulings of the Supreme Court on the right to seize debts also certainly count, as they have established extremely penalizing regulations for buyers regarding preventive seizures. It is possible, then, that the purchase limit that was indicated in recent months (9 billion euros) is about to be reached.

Super bonus from 110% to 90%

The Meloni government chose not to wait for the budget law to modify the Superbonus. In the quater aid decree, approved by the Council of Ministers on 10 November, the remodulation of the bonus to 90% starting from 1 January 2023.

The remodulation from 110% to 90% for expenses incurred in 2023 for condominiums is introduced and the possibility of accessing the benefit for owners of individual homes is also introduced for 2023, provided that it is a first home and their annual income is under 15 thousand euros. A principle has been introduced on medium-low incomes which will be calculated not on the basis of the traditional ISEE but on the basis of the composition of the family unit. The reference income will be calculated by dividing the sum of the total incomes possessed in the year preceding the year in which the expense was incurred, by the taxpayer, by the taxpayer’s spouse, by the person linked by a civil union or cohabitant if present in his/her family unit, and by the family members, other than the spouse, by the person linked by a civil union or by the cohabitant, present in the family unit, by a pre-determined number of parties.

It is not clear whether the superbonus will instead apply at 110% until 31 March 2023 for single-family houses that have completed 30% of the works by 30 September 2022. However, only those who submitted the CILAS, i.e. the work start note, by November 25th, retained the right to 110%.

For condominiums, buildings consisting of 2 to 4 units, the law brings forward by one year – from 31 December 2023 to 31 December 2022 – the 110% deadline, lowering the rate for 2023 to 90%. The decalage remains confirmed at 70% until 31 December 2024 and 65% until 31 December 2025. According to the draft of the decree law, the bonus will maintain the rate of 110% until 2025 for interventions carried out by non-profit organizations on social and healthcare structures.

In practice, the government has decided to safeguard those who have already approved the works with 110%, for this reason the decree is not retroactive.

At the moment, updates regarding the issue of the transfer of credits which are currently paralyzed have not been announced, even though it is a crucial point.

Those who have managed to start the superbonus practice, during the construction period, could find themselves experiencing unpleasant situations that could put their assets and the performance of their business at risk. Lokky, through the RC policy Asseverationshas decided to protect all professionals from requests for compensation for damage involuntarily caused to their clients and to the State Budget during the performance of the certification activity relating to the 110% SuperBonus. The policy is signed as a single coverage with respect to the Professional RC and, as indicated in the Relaunch Decree 34/2020, the minimum maximum coverage is €500 thousand up to a maximum of €5 million and must be sufficient for the amount of work.