The sale of a property with the 110% Superbonus
The 110% Superbonus, once an advantageous opportunity for property renovation, now seems to carry an unexpected consequence: a possible tax charge on capital gains in case of sale. The regulatory context outlined in the Budget bill indicates a shift in the legislature's attitude towards this 110% benefit, with the intention of recovering part of the expenses incurred through a series of measures. Firstly, the deduction rate has been reduced from 90% to 70%, diminishing the economic effectiveness of the discount. This reduction, applied from January 1, 2024, could impact the attractiveness of the Superbonus compared to other benefits such as the Ecobonus, which offers lower percentages but with fewer time constraints.
The most significant measure, designed as a "countermeasure" for those who have benefited from the 110% Superbonus, is a 26% tax on capital gains resulting from the sale of properties that have previously enjoyed this benefit. This taxation would not apply retroactively but would affect the capital gains generated from the future sales of such properties. The goal seems to be a kind of recovery by the State from those who have improved their homes using the benefit funded by the public budget.
To implement this taxation, three conditions would be necessary: the sale should take place within 10 years from the completion of the works, the property should not have been used as the seller's main residence between the completion of the works and the sale, and the Superbonus should have been requested through the assignment of the credit or invoice discount, rather than in the declaration.
It should be emphasized that the taxation of capital gains as separate income is not entirely new, but the innovation lies in applying this taxation even to properties sold within 5-10 years of purchase, introducing a new variable into the tax calculation. Two practical examples illustrate the calculation of capital gains and taxation in different situations, highlighting the effect of this new regulation on taxpayers who have benefited from the 110% Superbonus.
