After the authentic interpretation rules included in the Credit Decree, the Revenue Agency has published a circular (10/E) which provides some clarifications on the subject of the SOA certifications required of companies that carry out works for an amount exceeding 516 thousand euros facilitated by the Superbonus and the so-called “minor” bonuses.
It should immediately be recalled that the Credit Decree specified that the limit of 516,000 euro for the amount of work which triggers the qualification obligation is calculated “with regard to each tender contract and each subcontract individually”. Furthermore, the SOA qualification obligation for companies that carry out home bonus works does not apply to concessions for the purchase of real estate units. Also on these points, the circular provides interesting clarifications.
Circular 10/E of 20 April 2023
When the Soa obligation applies
The circular first of all clarifies thescope of the obligation. The “SOA conditions” concern, according to the financial administration, both the use of the deduction and the exercise of the discount options on the invoice and credit transfer, in relation to the interventions envisaged by article 119 (Superbonus) and by article 121, paragraph 2, (bonuses other than the Superbonus) of the relaunch decree.
As mentioned, the Credit Decree then clarified that the SOA certification obligation does not apply «to the concessions concerning the expenses incurred for the purchase of real estate units». What does it mean? It means that – reads the circular – “the Soa conditions are not applicable to the deduction for expenses relating to the purchase of real estate units referred to in article 16-bis, paragraph 3, of the Tuir and to that of “anti-seismic houses” referred in article 16, paragraph 1-septies, of Legislative Decree no. 63 of 2013″. Therefore, the sisma bonus does not apply to purchases, nor does the facilitation for the purchase of properties that have already been renovated.
The key dates
The document also mentions the dates of the transitional period and the entry into force of the SOA certification obligation. The transitional phase of application of the law provides that from January 1, 2023 and until June 30, 2023for the purposes of the recognition of tax incentives, the execution of works of significant amounts must be entrusted to companies, including subcontractors, which, at the time of signing the contract or subcontract, are in possession of the SOA certification or have at least signed , on the same date, a contract aimed at issuing this certification.
After the transitional phase, from July 1, 2023in order to benefit from the tax breaks, the execution of works for an amount exceeding 516 thousand euros must be entrusted exclusively to companies in possession of SOA certification at the time of signing the contract or subcontract.
The circular also clarifies that for i works in progress as at 21 May 2022 (date of entry into force of the conversion law of the Ukraine, which introduced the SOA obligation) and for contracts stipulated before that date, with a certain date, for the purposes of using the tax incentives referred to in articles 119 and 121 of the relaunch Decree, compliance with the SOA certification obligation is not required, even after 1 July 2023.
Otherwise, for the contract and subcontract stipulated starting from 21 May 2022 and ending on 31 December 2022, relating to works that lasted beyond 31 December 2022, it is necessary to acquire the SOA certification for works exceeding 516 thousand euros or, at least, to document the successful signing of a contract aimed at issuing the certificate. In the latter case, the deduction relating to expenses incurred starting from 1 July 2023 is, in any case, subject to the issue of the certificate itself. For these contracts, the “Soa conditions” are considered satisfied if the ownership of the necessary qualification or of the contract stipulated with the certifying body for its release takes place by 1 January 2023 and not necessarily already on the date of signing the contract contract or subcontract, considering that the law requires these conditions starting from 1 January 2023.
The threshold amount of 516 thousand euros
The SOA certification obligation is triggered above 516 thousand euros. On this point – the circular clarifies – «it is believed that the amount of the works must be understood net of VAT».
The document also explains the meaning of another rule of authentic interpretation included in the Credit Decree, according to which the limit of 516 thousand euros «it is calculated with regard to each contract and each subcontract individually».
«It follows that – writes the Revenue Agency -, in the event that said works are subcontracted, the “SOA conditions” must be respected by the contractor, in the event that the value of the overall work exceeds the 516,000 euros, as well as by subcontractors only if they carry out work for an amount exceeding 516,000 euros».
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