The Italian Decreto Crescita: new fiscal benefits for the building demolition and reconstruction


The Italian Decreto Crescita: new fiscal benefits for the building demolition and reconstruction

Laws&Regulations May 28, 2019 No Comments
Important news from the Italian 30/04/2019 D.L. no. 34: lower taxes for the companies which are going to build anti-seismic properties in A or B energy class.

Pursuant to art. 7 of the so called Decreto Crescita:

“until December, 31st 2021, for the transferring of entire properties, in favour of construction or real estate renovation firms which, within the next ten years, will provide for their demolition and reconstruction, in accordance with the anti-seismic regulation and with the attainment of the A or B energy class, even in case of a volumetric variation compared to the pre-existent building if permitted by the urbanistic rules in force, as well as to their alienation, the stamp duty and the mortgage and cadastral taxes are applied in the fixed amount of € 200,00 each.”

Thanks to this regulations and compared to the current fiscal regime, in case of demolition of an entire building and its following reconstruction, the established taxation reduces to a total of € 600,00.

IT IS GOOD TO KNOW:

  • It is a measure subjected to deadline: indeed, the benefit will be valid until December, 31st2021;
  • In order to be able to enjoy of it, three are the requisite needed:

the anti-seismic regulation reconstruction conformity, the A or B energy class attainment, the demolition and reconstruction works fulfilment within ten years from their purchasing;

  • If this requisites are not respected, the stamp duty, mortgage and cadastral taxes will be ordinary applied. Moreover, there will be also 30% sanction on them, as well as interests for late payments which will start from the moment pf the property purchasing. 

THE LAW RATIO:

In accordance to the 30/04/2019 D.L. no. 34 explanatory report, the aim of article 7 is:

“to encourage the exchange among the old buildings and the ones with completely new energy and seismic features” in order to “start a real urban regeneration process” and “a real estate exchanges virtuous cycle addressed to even more innovative and performing products”.  

The Decreto Crescita guarantees “a facilitated taxation regime for companies which make themselves available for the purchasing, including with exchange, of entire condo buildings” by improving their energy and structural characteristics and in order to “enter this properties back into the market with the aim of making the exchanging operations between the old building with the new one economically sustainable, as well as allowing a concrete territory regeneration which can be done through building substitution interventions only.”

Marianna Gaiotto

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