Law 38/2023, converting Legislative Decree 11/2023 (so-called “blocking of transfers” Decree), was published in the Official Gazette n.85 of 11 April 2023 and has been in force since 12 April.
With the conversion into law of the DL n. 11/2023 some innovations introduced during the parliamentary process have become definitive.
In the Summary dossier of the ANCE (April 2023) the main innovations contained in law 38/2023 are illustrated.
In this regard, the following should be noted:
SINGLE-FAMILY AND SUPERBONUS – EXTENDMENT OF THE DEADLINE FOR INTERVENTIONS STARTED IN 2022
Extension from 31 March to 30 September 2023 of the possibility of using the 110% Superbonus for subsidized interventions on single-family houses and independent units in multi-family buildings, again on condition that, as at 30 September 2022, at least 30% of the work had been completed overall intervention
VARIANTS JOBS COMMON PARTS IN CONDOMINIUM
Article 2-bis, introduced in the referring court, contains a provision of authentic interpretation – therefore with retroactive effect – which allows you to take advantage of the Superbonus 110% for 2023 and the option for the transfer of credit and for the discount on the invoice in relation to the interventions for which the presentation of a project in variant to Cilas or the different envisaged qualification is required according to the type of building interventions to be carried out.
If the original qualification has been presented or requested by 16 February 2023, the same treatment is foreseen for interventions on common parts of condominium property: in this case a resolution of approval by the condominium assembly is required.
REMISSION IN GOODS
It’s possible to use la “remission in goods” for the transmission of the communication to the Revenue Agency of the option for the transfer to the banks of the credit relating to expenses incurred in 2022 and to residual installments not used of deductions relating to 2020 and 2021 expenses, even if the transfer agreement is not yet concluded as of March 31, 2023.
With the current provision, therefore, for the 2022 expenses and the residual deduction installments referring to the 2020 and 2021 expenses, in the cases envisaged by the law, the communication can legitimately be made by 30 November 2023 (first useful deadline), with the payment of the fine of 250 euros.
TEN-YEAR BREAKDOWN OF THE DEDUCTION
In order to facilitate the use of tax credits deriving from expenses incurred in 2022, the conversion law 38/2023 recognizes only for the purposes of the Superbonus, the possibility of paying in installments in 10 annual installments (instead of 4) of the tax deduction used in the tax return.
The option is irrevocable and must be exercised in the tax return for 2023 (to be presented in 2024), provided that the deduction is not indicated in the tax return for 2022 (to be presented in 2023 – art.2, par.3 -sexies, of Legislative Decree 11/2023).
TEN-YEAR BREAKDOWN OF THE TAX CREDIT
For the purposes of the Superbonus, the 75% architectural barriers bonus and the Sismabonus (including the “Sismabonus purchases”), the option has been provided to spread over 10 years (instead of 4/5 years) tax credits deriving from communications of transfer or of transfer or discount invoices sent to the Revenue Agency by 31 March 2023 and not yet used.
SUPERBONUS AND BTP CREDITS
In the process of converting Legislative Decree 11/2023 into law, a provision was introduced which, for i tax credits from Superbonusconcerning expenses incurred in 2022recognizes for the assignee banksthat they have worn out your own fiscal capacitythe possibility of to convert the same tax credits in treasury bonds – BTPwith a maturity of not less than 10 years.