Are energy efficiency and thermal insulation interventions an unknown factor that torments you? No problem: for some years now the Government has been studying tax incentives to facilitate the redevelopment of buildings. But this year he wanted to do even more. How? Thanks to the introduction of the now famous Superbonus 110%, aka the facilitation provided by the Relaunch Decree which brings to 110% the deduction rate for expenses incurred from 1 July 2020 to 31 December 2021, for specific interventions in the field of energy efficiency , seismic interventions, installation of photovoltaic systems or infrastructures for charging electric vehicles in buildings. However, it must be said, has created a great debate and not a little confusion, also due to the continuous slippage of the entry into force.
In August, circular no. 24 / E published by the Revenue Agency had helped dispel some doubts about the measure. On 5 October, the two decrees that finally make the maxi tax deduction executive were published in the Official Gazette. The publication came after a stop wanted by the judiciary, which asked to clarify a series of too complex passages of the summer ministerial version. With the aim of avoiding leaving room for dubious interpretations of the document.
Specifically, the two new provisions define both the technical requirements for accessing tax benefits, and the forms and methods for transmitting the request. But let’s see them in more detail.
The Requirements Decree, as anticipated, explains the technical characteristics that must satisfy the energy requalification interventions allowed by the Superbonus 110%. The new requirements apply exclusively to works started after October 6, 2020. For previously started construction sites, it will be necessary to obtain the certification containing the declaration of adequacy of the expenses incurred from July 1, 2020 (date of entry into force of the Decree) to 31 December 2021 (expiration date). The Sworn Certification Decree, on the other hand, clarifies the way in which the declaration must be signed in order to benefit from the Superbonus 110%. It specifies that the certification must be issued by technicians qualified for the design of buildings and plants, enrolled in the relevant professional associations and colleges, and submitted through the ENEA portal (the National Agency for New Technologies, Energy and sustainable economic development), using the forms provided by the Ministry.
Not only. The documentation must be sent within 90 days of the end of the work and copies of the identification document and insurance policy must not be missing. Only then will the Aeneas portal issue the transmission receipt.
Who is entitled to the deduction? On this the rule was immediately clear: the discount is applied to first and second homes (with the exception of luxury properties) and must be divided into five annual installments of equal amount.
It should be added that the subsidy was designed for individuals. So they can take advantage of the incentives:
- properties that are not included in the company’s assets or that are instrumental to the exercise of professional work;
the condominiums; - the autonomous institutions of public housing (Iacp);
housing cooperatives with undivided ownership for interventions carried out on properties owned by them and assigned for enjoyment to their members; - non-profit organizations of social utility (Onlus);
voluntary organizations; - social promotion associations;
- amateur sports associations and clubs (only for the part of the building intended for changing rooms).
As mentioned a few lines above, real estate units belonging to the cadastral categories A/1 (stately homes), A/8 (houses in villas) and A/9 (castles, historic or artistic buildings) are always excluded from use.
What interventions are provided for by the Superbonus 110%?
The provision takes into consideration the driving interventions, that is the obligatory ones to obtain the 110% deduction, and the towed interventions (optional), which are strictly connected to the former.
The first category includes:
- the thermal insulation of opaque vertical and horizontal surfaces, that is, those walls that border towards the outside or unheated environments. The result of the insulation must bring a thermal improvement and involve at least 25% of the dispersing surface (thermal coat);
- the replacement of existing winter air conditioning systems with centralized systems for heating, cooling or the supply of domestic hot water, condensing with efficiency at least equal to class A, with heat pump – including hybrid or geothermal systems – with systems micro-cogeneration or solar collectors;
- anti-seismic interventions included in the current bonus earthquake with a spending limit of 96,000 euros per property unit, but without restrictions on the maximum number of properties on which the interventions can be carried out.
And what about the driven interventions? In the presence of at least one driving intervention, the costs incurred for:
- energy efficiency interventions within the various deduction or expense limits envisaged for each of them;
- installation of tools for charging electric vehicles;
- installation of solar photovoltaic systems or storage systems integrated with solar photovoltaics (only if performed in conjunction with the thermal insulation system or the replacement of the heating system).
To access the new Superbonus 110%, the interventions must ensure – as a whole – the improvement of at least two energy classes of the building or of the real estate units located inside multi-family buildings (provided that they are functionally independent and have one or more accesses autonomous from the outside). If this is not possible, only and exclusively if the building is already in class A3, the achievement of the highest energy class must be ensured.
What forms of deduction are envisaged?
The Decree establishes three methods of deduction:
- Direct deduction, which consists in the direct use of the deduction equal to 110% of the expenditure made recoverable in five years;
- transfer of the tax credit due to other subjects, including the suppliers of goods and services necessary for the implementation of the interventions, credit institutions and other financial intermediaries, with the right to subsequent transfers;
- contribution in the form of a discount on the invoice on the amount due, up to the cancellation of the amount, anticipated by the supplier who carried out the intervention. Note that the supplier who benefits from this type of discount will be able to recover the discounted contribution in the form of a tax credit of an amount equal to the deduction due, with the right to transfer it to other subjects, including credit institutions and other financial intermediaries .
The communication of the choice of the mode of use has been active since last October 15 and must be sent by March 16 of the year following that of incurring the expenses for which the option is exercised.
The model must be sent by the beneficiary of the deduction for interventions carried out on real estate units or by the condominium administrator for interventions carried out on the common parts of the buildings, also through authorized intermediaries.
The model must indicate the details of the beneficiary, or his representative, the tax code of the condominium and of the administrator in the case of interventions on the common parts of a building.
But be careful, because in order to take advantage of the discount or the sale, you also need a compliance certificate for the data relating to the documentation. In other words, you need a document that certifies the right to obtain the tax deduction. How do you get it? The compliance visa is issued by accountants, accountants, commercial experts, labor consultants or by tax assistance managers of the Cafs. And it is from them that it must be sent electronically.
In addition, invoices or tax receipts that demonstrate the costs actually incurred for carrying out the interventions must always be kept, as well as the receipt of the bank transfer of the payment.
Not only. Other documents may also be required to certify the veracity of the declaration in place: from the cadastral survey, which certifies the ownership of the unit, to the authorization for the works signed by the owner of the property, the contract or the professional appointment letter, for condominium works, the minutes of the assembly and finally the self-certification signed by the beneficiary of the deduction, certifying that he does not benefit from the 110% Superbonus on more than two real estate units and that the unit is not used for profession or business.