First home bonus: i requirements required to Italian citizens who live inestero they are different from the canonical ones, even in the case of a second purchase.
The property must not be used as a main residence and there is no obligation to transfer of residence. Indeed, in this case, it would be paradoxical to set such an access condition.
To clarify the rules to follow to take advantage of the tax benefits is theRevenue Agency with the response to the question number 627 of 27 September 2021.
First home bonus, no residence requirement for those living abroad
As usual, the starting point to analyze the legislation comes from the analysis of a practical case.
Protagonist is a taxpayer resident abroad, registered with AIRE, Registry of Italians Resident Abroad: in January 2020 he purchased with first home bonus a rough property to be allocated to main residence.
In March 2021 he sold it and bought back a property with a garage and an uncovered place by applying the concessions in this case as well.
It turns to the Revenue Agency to verify the obligation to transfer residence in Italy by canonical expiration of 18 months, in the Municipality where the new purchased home is located.
With the response to the interrogation number 627 of 2021, the Financial Administration confirms one soft line for those abroad: it is not necessary to proceed with the fulfillment.
Consistent with the provision relating to the use of the facility in the (first) purchase by the citizen residing abroad, also in the repurchase of another home on the national territory, it is not necessary to comply with theobligation to use the new building as a main residence.
It is believed, in fact, that this obligation (similarly to the residence obligation) cannot be imposed on citizens who live permanently abroad and who, therefore, find it impossible to use the purchased house “as their main residence”.
First home bonus: the rules on main residence and residence for residents abroad
Under the magnifying glass is the set of rules which regulate the bonus first house in the hypothesis of purchase from a construction company.
According to the provisions of Note II-bis, placed at the bottom of Article 1, of the Tariff, Part I, attached to the Presidential Decree of April 26, 1986 and by number 21 of the Table, Part II, attached to the VAT Decree, when to sell the property And a company subject to VAT, the taxpayer can apply a rate of 4 per cent, instead of 10 percent, and pay the registry, cadastral and mortgage taxes in the fixed measure of 200 euros each.
To access the benefits, you must respect different requirements. First of all it is necessary that “The property is located in the territory of the municipality in which the buyer has or establishes his own within eighteen months of purchase residenza or, if different, in the one in which the buyer carries out his business or, if transferred abroad for work reasons, in the one in which the person on which he depends is based or carries out the activity or, in the event that the buyer is Italian citizen who emigrated abroad, that the property is purchased as first house on the Italian territory”.
And furthermore when, as in the analyzed case, theproperty subject to tax benefits is sold, to keep the facilities you need buy another property to be used as one’s own main residence within one year.
For i Italian citizens residing abroad, however, both for the first and for the second purchase, the legislation does not require the property to be used as a main residence and then of transfer residence, it just needs to represent the first house on the Italian territory, at any point.
On the other hand, it would not be possible to impose a similar requirement on those who live outside national borders.
With the response to the question number 627 of 27 September 2021, the Revenue Agency also specifies that “the condition of emigration abroad it does not necessarily have to be documented with an AIRE registration certificate, but can be self-certified by the interested party with a declaration made in the purchase deed “.
All the details in the full text of the document.
- Revenue Agency – Response to the question number 627 of 27 September 2021
- First home subsidies, repurchase in Italy by a person residing abroad.