Facilitation First House

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The 'purchase of the "first house" allows a favorable tax regime which allows you to pay taxes to a lesser extent.


Private purchase is not subject to VAT

In particular, if the party who sells the house is a private not subject to VAT, facilitation is the ability to pay:
* registry tax at 3% (instead of 7%);
* mortgage tax and cadastral fixed (currently 168 Euro each) instead of, respectively, of 2% and 1%.

Purchase of businesses

The one who buys a house from a seller with VAT, must consider the recent method of taxation introduced by Decree-Law n. 223, 2006 (converted into Law n. 248 of 2006).
As of July 4, 2006, for the sale of the "first house" where the vendor is a business, the buyer is required to pay the following taxes:
* 4% VAT, plus registry tax, mortgage and cadastral fixed (equal to 168 Euro each), if the transfer is made by company "manufacturer" (or company that has renovated the building) and the sale completed within 4 years from completion of work;
* registry tax of 3%, plus the mortgage tax and cadastral fixed (168 Euro each), if the transfer is made by company "not building", or when the seller is a developer (or that has renovated the property ) and the sale is 4 years after completion of the work.

In the absence of requirements for receiving benefits provided for the "first house", the VAT rate increases to 10% (20% if building luxury), the registration tax to 7% and the mortgage tax and cadastral 2% and 1%.

The tax on the purchase of the "first house" are recognized in the registration act. They compete even when the act involves the purchase of bare ownership, the right of abode, use and usufruct.


Requirements to qualify for benefits

The first prerequisite for receiving the benefits is that the purchase doesn’t relates to a "luxury" house. See standard specified by the decree of the Minister of Public Works August 2, 1969 (published in the Official Gazette no. 218, August 27, 1969). The benefits will be available, regardless of category register the property, only under certain conditions:
a) the property must be located in the Municipality where the purchaser is resident or where he intends within 18 months from closing, or the Municipality, where the purchaser has his main business;

b) the purchaser must be the owner, alone or in communion with the spouse, property rights, usufruct, use and habitation of other houses in the Municipality where the property to be purchased;

c) should not be entitled, either in installments or joint estate, throughout the national territory, rights of ownership, use, usufruct, naked home or property of other houses, purchased by your spouse, taking advantage of the facilities to purchase their first home.

The conditions referred to in subparagraphs b) and c) and the commitment to establish residency within 18 months from the buyer who does not reside in the Municipality where the property is situated that you purchase, must be certified by a declaration including the purchase. 


Purchase of appliances

Upon the occurrence of the conditions listed above, facilities for the first home compete equally for the purchase of its appliances, even if performed by a separate document. It includes only applies for each of the following categories: C / 2 (basement or mansard), C / 6 (garage), C / 7 (open sheds). The units classified (or classifiable) in the above categories may be situated near the main but, in fact, must be designed to serve the dwelling house. 


Special cases

Spouse under the community of goods
In the case where two spouses in community of goods buy a property to use as a main residence but only one of them possesses the personal qualifications of subsidy in order to receive "first home" benefit applies to the extent of 50%, that is limited to the share purchase spouse has the requirements requested.

Holders of bare ownership of other house
The facilitation "first home" is also recognized purchaser or spouses who have the right to bare ownership of other houses located in the same Municipality in which the property is being purchased, while respecting the other conditions provided by law. Purchases of additional shares of the same property You can take advantage of Facility "first home", in the presence of all the other subjective and objective requirements provided by law, even when you buy shares in a property that you already own a part.

Purchase semi-detached dwelling
The facilitation "first home", in the presence of all other legal requirements, it also:
- Or when you buy two adjoining apartments destined to form one residential unit, provided that the house retains, even after the meeting of the properties, characteristics not luxurious;
- When you buy a property adjoining another dwelling house already purchased.

Purchase of house under construction
Even when buying a property is not completed, you can benefit from the tax provided that the building bears the characteristics of not luxury.

Italian citizen non-resident
People who have emigrated abroad can buy a property under a subsidized regardless of its location on the national territory. Obviously, the benefit it if there are other requirements and, in particular, provided that the property is purchased as a "first home". It is not necessary for the buyer within 18 months to establish residency in the Municipality where the property is situated purchased. 


The buyer loses the tax benefits in the purchase of unexpended if:
* the statements of the deed are false;
* not moving to the town within 18 months of purchase;
* sells or donates the property that after a period of 5 years from date of purchase, unless within one year he purchases another property to use as your main residence.
The loss of the benefits involves the recovery of the tax paid and interest and the application of a penalty equal to 30% of the tax.

The assessment office
The office of the Revenue, if within 3 years finds the absence of even one of the conditions prescribed by law and will issue notices of assessment to recover the additional taxes owed by the taxpayer who has unduly benefited the relief available. With regard to the date on which that period begins to run three years, it is different in different situations.
If, for example, of making false statements in the registration of the three-year period of disqualification shall begin on the same date of registration. A different case is, however, that in which the taxpayer declares that it intends to transfer his residence within 18 months in the Municipality where the property is bought and then never moved.
In this case, the limitation period of 3 years can’t of start from the date of registration of the deed, but on the day of expiry the eighteenth month. Before this date, in fact, no dispute can be made of subsidy attributable to the taxpayer, since it could be true for the purpose of transferring the residence.




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