First home benefit

The tax relief in question concerns transfers for consideration in matters of registration tax, VAT and transfers subject to inheritance and gift tax, with different rules and rates in the various cases.

Facilitation relating to the payment of registration tax (in case of onerous purchase).

NEGOTIATION REQUIREMENT(type of deeds): the facilitation, provided for in note II bis of art. 1 of the Tariff attached to the registration tax (Presidential Decree 131/1986), applies to all deeds involving the transfer for consideration of the property (or share of co-ownership), the transfer or the establishment of real rights of enjoyment (bare ownership , usufruct, use, habitation) of non-luxury residential houses. It is therefore applicable not only to the sale, but also to the exchange, the onerous sale of a home in exchange for assistance, the establishment of a land or life annuity, the assignment from company to shareholders, the assignment from a cooperative, divisional adjustments

According to the tax jurisprudence and the EA, the facilitation can also be requested in the event of a transfer sentence pursuant to art. 2932 of the civil code (with a declaration to be made in a document presented to the Registry Office together with the registration request) or in case of transfer following a real estate auction (with a request in the participation application or, subsequently, with a declaration to be presented at the time of registration) .

The facilitation is now considered applicable also to usucapione sentences (although it is not a question of “translative transaction”), limited, however, to the registration tax, not also for the mortgage and cadastral tax.

CONDITIONS FOR THE USE OF THE BENEFIT : a plurality of subjective and objective requirements are envisaged, ranging from the type of property, to its location, to the absence of other real estate rights in the same Municipality of purchase, to the novelty in the enjoyment of the ‘facility. Let’s analyze the said requirements in detail, all of which must exist at the same time at the time of purchase:

Property typology : it must be residential houses (cadastral group A, excluding category A/10 – offices -) “non-luxury”, according to the criteria set out in the Ministerial Decree of 2 August 1969 .