Agenzia Delle Entrate – the VAT exempt properties transferring


Agenzia Delle Entrate – the VAT exempt properties transferring

Great Estate Network , Laws&Regulations Feb 05, 2014 No Comments

From January, 1st2014, regarding the VAT exempt properties transferring, three are the registration duty rates: 2% for the first home, 9% for all the other real estate goods, 12%, under some determined conditions, for the rural lands and related appendants. The registration duty to be payed cannot be lower than € 1.000,00. Moreover, the fixed-rated-amount of every mortgage or cadastral registration duty has been changed, from € 168,00 to € 200,00 for deeds subject to VAT.

If the transferor is a single individual and as long as no noble building (cat. A/1), villas (A/8), castles and/or prestigious palaces (A/9) are involved, the register duty is “lighter”. In order to benefit of the special treatment, at the moment of the deed of transferring signing, it is sufficient to indicate the property class and to ensure yourself about the Italian Stamp Duty Tax Code required conditions.

The “first home benefits” can be applied in other cases too: when the property transferred is an under-construction one, when many contiguous properties are purchased simultaneously in order to create a unique property, or in case of purchasing of a property contiguous with another one purchased as a first home. 

The Italian Agenzia Delle Entrate circular focuses itself on the first home benefit in case of succession and donation and on the tax credit identified for the within-a-year-re-purchasing. Finally, the effects of this regulation on the corporate deeds regarding the real estate good conferment and shareholder allocation are identified too: concerning this deeds, the 9% and 12% tax rates of the registration duty are applied for a minimal amount of € 1.000,00, while the mortgage and cadastral ones are applied each at the fixed rate of € 50,00.

Marianna Gaiotto

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