Superbonus of 90% in 2023 for condominiums and first homes with an income ceiling

With the publication in the Official Gazette of the AIUTI-Quater Decree, the new rates and the new deadlines for the superbonus become operational.

The changes to the legislation are 'pejorative' for condominiums that see the 110% percentage expire on December 31, 2022 instead of 2023; on the other hand, single-family homes are readmitted to the tax advantage, albeit with restrictions.

But there is a date now marked on the calendar, that of November 25, 2022: those who submit the Cilas or apply for a Building Permit by this date will be able to continue to benefit from the 110% rate, those who fail to do so must refer to the new percentage of 90%. Deadline that, however, the Government said it was willing to change.

In 2023, the rate will fall from 110% to 90% for condominiums, buildings consisting of 2 to 4 units even if owned by a single owner or co-owned by several parties; however, those who submit the CILAS by 25 November will keep the right to 110%. The decalage remains confirmed at 70% until 31 December 2024 and at 65% until 31 December

Single-family homes on which work has been carried out for at least 30% of the total intervention as at 30 September 2022, will be able to continue to benefit from the superbonus - at a rate of 90% - until 31 March 2023 (with the previous law this right would have expired on 31 December 2022).

Single-family homes used as a first home, whose owner has a 'reference income' not exceeding 15,000 euros, will be able to take advantage of the 90% superbonus until 31 December 2023.

The reference income is calculated by dividing the sum of the total income held, in the previous year, by the taxpayer, by the spouse/person linked by a civil union/cohabitant/family member, by a number of parties determined as follows:
— taxpayer > 1
— if there is a spouse/person linked by a civil union/cohabitant > +1
— if there are family members, in numbers equal to:
— a family member > +0.5
— two family members > +1
— three or more family members > +2

In other words, a taxpayer with an income of 32,000 euros is above the ceiling of 15,000 euros and cannot benefit from the superbonus; if there is a spouse or cohabitant, the reference income is equal to 32,000/2, i.e. 16,000, so still above the roof; if there is a relative/child, the reference income will be 32,000/2.5, i.e. 12,800 euros then under the roof; if there are 2 family members, it reaches 32,000/4, i.e. 8,000 euros, then still under the roof.

The bonus will maintain the 110% rate until 2025 for interventions carried out on social health structures by non-profit organizations of social utility, voluntary organizations and social promotion associations;.

According to the DL, the new rates and deadlines for condominiums, buildings consisting of 2 to 4 units, even if owned by a single owner or co-owned by several entities and for non-profit organizations, do not apply:

— to interventions for which, by November 25, 2022, the CILA is submitted and, in the case of interventions on condominium buildings, on the additional condition that the shareholders' meeting resolution that approved the execution of the works is adopted before November 25, 2022;

— to demolition and reconstruction interventions for which, as of November 25, 2022, the related administrative formalities for the acquisition of the qualification have been initiated.

This 2-week transitional period (remember that the deadline of November 25 was announced by Prime Minister Giorgia Meloni on November 11 at a press conference) has provoked protests from operators in the sector who consider it too short.

Last Tuesday, the Deputy Minister of Economy and Finance, Maurizio Leo, did not rule out changes to this deadline: “as with the houses, a breath of oxygen has been given, I think that this issue can also be addressed.”

Another important innovation of the Aiuti-Quater Decree is the extension from 4 to 10 years of the recovery period of credits obtained after the transfer or discount on the invoice, for transactions completed by November 10, 2022.

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