Law Approved: SuperBonus Final Rules

Law 11 April 2023

Slightly ahead of the scheduled deadline, it was published in the Official Gazette no. 85 of 11 April 2023 Law 11 April 2023n. 38 of conversion of the Legislative Decree of 16 February 2023, n. 11 (Decree blocking transfers). Therefore, starting from the following day, 12 April 2023, all the provisions set out in the new structure are officially operational:

110% Superbonus extension on single-family homes

The Government has decided to extend the deadline relating to expenses incurred for 110% superbonus interventions carried out by natural persons on single-family buildings or real estate units with independent access and functionally independent.

The previous version of the Law Decree set the deadline for using the 110% superbonus on single-family homes for expenses incurred by 31 March 2023 but provided that 30% of the total works had been completed by 30 September 2022. The date of 31 March 2023 has now been moved to 30 September 2023, but it is yet to be understood how the expenses incurred from 1 April to 11 April 2023 or when the extension was not yet operational should be considered.

Prohibition on the purchase of credits for Public Administrations, multi-year Treasury Bonds and joint and several liability

The ban on public administrations from being transferees of tax credits deriving from the exercise of options for the transfer of credit and invoice discount has been confirmed.
However, transferees in the banking and insurance sector who have exhausted their fiscal capacity in the same year, in relation to the superbonus interventions carried out up to the 2022 spending year, were allowed to use these credits in whole or in part in order to subscribe to issues of multi-year Treasury Bonds, with a maturity of no less than ten years, within the limit of 10% of the annual quota exceeding the tax credits.

There is also a reduction in joint and several liability for individuals who purchase credit from a bank. In fact, this modification would further lighten the scope of the exclusion from contributory infringement, provided that the transferor (bank) issues a certificate of possession of the documentation relating to the works which created the tax credit. The documents that exempt from joint and several liability are:

• qualifying title or substitute declaration of the affidavit in the case of free building, in which the start date of the works is indicated and the circumstance is certified that the building renovation interventions carried out are among those eligible for assistance and do not require a title;
• preliminary notification ASL or, in the case of interventions for which such notification is not due under current legislation, declaration in lieu of the deed of notoriety which certifies this circumstance;
• cadastral survey ante-operam or history of the property subject to the interventions, or, in the case of properties not yet registered, application for registration;
• invoices, receipts or other documents proving the expenses incurred, as well as documents certifying the payment of the expenses themselves;
• asseverationswhen required by law, dei technical requirements of interventions and adequacy of the related expensesaccompanied by all the attachments required by law, issued by qualified technicians, with related presentation and deposit receipts at the competent offices;
• condominium resolution approval of works and related expense breakdown table in case of interventions on common parts;
• in the case of energy efficiency interventions: technical report (law 10), MONKEY/MONKEY conventionalor a substitute declaration certifying the non-necessity of such documentation;
• compliance visa issued by the accountant;
• certification from banks or credit institutions which intervene in the transfers of reporting of suspicious transactions (art. 35 Legislative Decree 231/2007) or abstention (art. 42 Legislative Decree 231/2007).
• sworn statement earthquake-good (attachments of ministerial decree 329/2020).
• procurement contract signed between the person who carried out the works and the client.

Transfer block and interventions excluded

While on the one hand the new Decree confirms the prohibition on the use of the credit transfer mechanism referred to in the art. 121 of the Relaunch Decree and the complete repeal of the previous transfer mechanisms contained in the articles. 14 and 16 of Legislative Decree no. 63/2023, on the other hand provides for a new system of exceptions.
In particular, they will be able to continue to use the transfer referred to in art. 121 of the Relaunch Decree:

• interventions to overcome and eliminate architectural barriers;
• the interventions carried out by the following beneficiaries (already established by 17 February 2023): the independent social housing institutes (IACP); and third sector bodies (non-profit organisations, voluntary organizations and social promotion associations);
• interventions carried out in relation to properties damaged by seismic events, as well as in relation to properties damaged by meteorological events which occurred starting from 15 September 2022 for which a state of emergency was declared with the resolutions of the Council of Ministers of 16 September 2022, located in the territories of the Marche region.

Blocking of sales and interventions prior to 17 February 2023

In relation to superbonus expenses, interventions for which by 16 February 2023 are excluded from the transfer ban:

• the sworn communication of the start of work for the superbonus (CILAS) is presented, for interventions other than those carried out by condominiums;
• the assembly resolution which approved the execution of the works has been adopted and the sworn communication of the start of works for the superbonus (CILAS) has been presented, for the interventions carried out by the condominiums;
• for interventions involving the demolition and reconstruction of buildings, the application for the acquisition of the qualification has been submitted. With exclusive reference to the areas classified as category 1, 2 and 3 seismic zones, and to the interventions included in plans for the recovery of the existing building stock or urban redevelopment however denominated, which have detailed design contents, implementable by means of simplified titles, which on the date of entry into force of this decree are approved by the municipal administrations in accordance with the law and which contribute to saving energy consumption and seismic adaptation of the buildings involved.

As regards NON-superbonus expenses, interventions for which by 16 February 2023 are excluded from the transfer ban:

• the request for the qualification has been submitted, where necessary;
• for interventions for which the presentation of a qualification is not required, the works have already begun or a binding agreement has already been stipulated between the parties for the supply of the goods and services covered by the works;
• the request for a license to carry out the building works has been submitted.

Extension of transfer and direct deduction deadlines

The transfer and direct deduction times have been extended. In particular:

• limited to tax credits for which communications of transfer or discount on the invoice have been sent to the Revenue Agency by 31 March 2023, it is possible to divide the use of the residual credit into 10 annual instalments;
• for expenses incurred from 1 January to 31 December 2022 and relating to interventions linked to the superbonus, to opt for the division of the deduction due into 10 annual installments of the same amount, starting from the 2023 tax period.

Rules of authentic interpretation regarding the conditions for the deductibility of expenses

Within the Decree, a set of rules of authentic interpretation are indicated (with retroactive effect) to guarantee legal certainty and to prevent and deflate disputes regarding incentives for expenses relating to interventions for which it is possible to opt for the transfer of credit and the discount on the invoice.

In particular, it is clarified that:

• for interventions other than the superbonus, the settlement of the works based on the state of progress constitutes a mere option and not an obligation;
• the indication of the expenses incurred for issuing the conformity visa constitutes a mere option and not an obligation, in order to benefit from the deduction of the same expenses;
• the taxpayer, to benefit from the sismabonus and the superbonus, can make use of the so-called. remission in bonis, with reference to the obligation to present the certification of effectiveness of the interventions for the reduction of seismic risk. The first useful declaration in which to make the communications to take advantage of the remission in bonis and therefore benefit from the benefits is the first tax return in which the right to deduct the first constant portion of the benefit must be exercised. In the event that the benefit is used through the exercise of the options for the discount on the invoice or the transfer of the credit, the remission to performing status of the taxpayer must take place prior to the presentation of the communication of the relevant option to the Revenue Agency;
• the requirements required of companies for the execution of works above the threshold of 516,000 euros can be satisfied, for procurement and subcontracting contracts concluded from 21 May to 31 December 2022, by 1 January 2023; these requirements have no relevance with reference to the concessions concerning the expenses incurred for the purchase of the real estate units.

Communication for the exercise of the credit transfer option

Finally, the use of the remission in bonis of the communication to the Revenue Agency for the exercise of the alternative options relating to the expenses incurred in 2022 and the remaining unused installments of the deductions relating to the expenses incurred in 2020 and 2021 for building works was limited, in the event that the transfer contract was not concluded on the aforementioned date of 31 March 2023.

In this case the remission in bonis is granted, and therefore the beneficiary of the deduction can make the communication even late, only if the transferee is a bank, a registered financial intermediary, a company belonging to a banking group or an insurance company authorized to operate in Italy.