After the authorization of the President of the Republic Sergio Mattarella, the 2024 Budget Law
The Bill introduces various innovations for those who own properties or rent a house
The measure extends until 31 December 2024 the special regime introduced by Legislative Decree Sostegni bis (Legislative Decree 73/2021, converted by law 106/2021), i.e. the guarantee measures for the request for financing, intended for young couples, single-parent families with minor children, tenants of IACP accommodation and young people under the age of 36.
The benefit is for the benefit of individuals with Isee not exceeding 40 thousand euro
The Bill provides for an increase in the Guarantee Fund
From 31 October 2023, all the deadlines prescribed by the legislation on the "first home" benefit which had been suspended as a result of the Covid-19 epidemic will start again:
1) the buyer of a "first home" house" must transfer his residence, within 18 months from the date of the purchase deed, to the Municipality where the house subject to the subsidized purchase is located;
2) if the buyer of a "first home", at the time of purchase, was the owner of another house, previously purchased with the "first home" subsidy, he must sell the latter within one year from the deed of the new purchase;
3) the seller of a house purchased with the subsidy and then sold before five years must buy another home within one year in order not to suffer the forfeiture of the tax benefit obtained at the time of purchase;
4) in previous cases of mid-year repurchase the taxpayer also accrues a tax credit.
The bill raises the replacement rate from 21 to 26% in the case of destination for short-term rentals plus more than one apartment for each tax period. This rate applies to fees deriving from rental contracts for residential properties lasting no more than 30 days, outside of the exercise of business activities, which exercise the option for the application of the flat rate tax regime (Legislative Decree 23/2011). The rule in question:
The withholding tax made by real estate intermediaries / entities that manage online portals, in the event of collection / intervention in the payment of the fees / fees relating to the aforementioned contracts, remains unchanged at 21%.
With the modification of paragraph 5 of the aforementioned art. 4, it is established that the withholding tax is considered to be made as an advance payment:
or
From 2024, capital gains on the sale of the property on which 110% redevelopment interventions have been carried out (Superbonus), within ten years from the end of the works, will be taxed at 26%. In the calculation of the taxable base to be taxed, for the first five years, the renovation costs cannot be deducted from the capital gain and will be deductible at 50% for the following five years.
Properties acquired by inheritance and those used as a first home are excluded.
Furthermore, it should be noted that the Superbonus from 90% in 2023 will further decrease to 70% in 2024; it remains at 110% until the end of 2023 only for single-family homes and condominiums with works started in 2022.
After the President's communications, the Bill was assigned to the Budget Commission in its reporting capacity and to the other Commissions in its consultative capacity. Based on the calendar, the Commissions that examine the text in a consultative session will be able to present their opinions by 10 November.
The maneuver is expected in the Senate on 27 November and, after approval at Palazzo Madama, the text will be examined by the Chamber with the same procedure.
If the definitive green light from parliament arrives by the end of the year, the planned changes would come into force from January 2024.
As happens every year, the discussion in the Senate and the Chamber will bring news, corrections and additions to the text, on which the EU opinion expected by the end of November will also have weight.
So, we will have to wait for the details of the measures that will come into force to become official.
Out of a total of 3.6 million homes rented by individuals, 2.7 million landlords chose the flat tax; however, with the aforementioned increase in the rate to 26% one could consider giving up the flat rate tax and choosing ordinary taxation.
The choice derives from the evaluation of three factors:
For example, for 1,000 euros of rent the flat tax of 21% is convenient.
| FEE | IRPEF (23%) | DRY COUPON (21%) | DRY COUPON (26%) |
| €1,000 | €219 | €210 | €260 |
