With ordinance no. 11221 of 11 June 2020, the Court of Cassation recalled when the loss of first home benefits in case of sale.
As clarified, in case of purchasing the property taking advantage of the first home discounts, if the home is transferred before the expiry of five years from the date of purchase, the taxpayer loses the benefit and must pay the taxes not paid in the ordinary amount and the surcharge. There Loss of first home benefits in the event of sale it does not occur if the taxpayer proceeds with thepurchase of another property to be used as one's own main residence within one year of the sale.
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Specifically, the Supreme Court order recalled what was established, in terms of first home incentives, by the art. 1, 4 paragraph, of note 2-bis, of the tariff attached to Presidential Decree no. 131 of 1986.
This rule provides for the loss of first home benefits, 'with the taxpayer's obligation to pay the taxes not paid in the ordinary amount, as well as the related surtax, even in the event of transfer of the property purchased before the expiry of the five-year period from the date of purchase, unless, within one year of the sale, the taxpayer has proceeded with the purchase of another property to be used as his/her main residence'.
As underlined, 'in order to allow the taxpayer to avoid forfeiture of the aforementioned benefits, with reference to the purchase of the second property, conditions different from those established are therefore envisaged for the granting of the same benefits for the purchase of the first property. In particular, while the recognition of the benefit is subject to the transfer of the taxpayer's residence to the municipality where the purchased property is located, its maintenance in the event of disposal of the purchased property is subject to the more restrictive condition of the purchase of another property to be used as one's main residence.
If the seller is a private individual or a company that sells VAT exempt, the taxes to be paid with the first home benefits are:
If you purchase from a company, with sales subject to VAT, the taxes to be paid with the first home benefits are:
Grimaldi Padua
Padua - 35137 - Via G. Matteotti, 27
e-mail: padovacentro@grimaldifranchising.it
Tel. +39 49 663 033 - VAT number 05301660287
Grimaldi Cadoneghe
Cadoneghe (PD) - 35010 - Via G. Franco, 2/A
e-mail: cadoneghe@grimaldifranchising.it
tel. +39 049 88 736 56 - VAT number 05322440289