2022 National Financial Law: news on superbonus and other building bonuses

published on 23 February 2021 | reading time approx. 5 minutes

Law No. 234 of 30 December 2021, published in the Official Journal of the Italian Republic No. 310, Ordinary Supplement No. 49 of 31 December 2021 and in force from 1 January 2022, updated the rules on limits, beneficiaries, requirements and deadlines for Superbonus 110 and other building benefits.

Superbonus 110 per cent

In particular, the deduction, to be divided into four equal annual instalments, is 110 per cent for expenses incurred up to 31 December 2023 (until 31 December 2025 only for earthquake-affected areas), 70 per cent for expenses incurred in 2024 and 65 per cent for expenses incurred in 2025.

The revised concession is available for interventions carried out:

by joint owners;
by the sole owner (or co-owner) of the entire building consisting of two to four separately stacked building units;
by natural persons not engaged in the business, trade or profession, on building units located within the same condominium or the same wholly owned building;
by NGOs, voluntary organizations or social promotion associations.

This table summarizes the new terms for Superbonus 110.

The above deadlines also apply to works carried out on buildings subject to demolition and reconstruction under Article 3(1)(d) of Presidential Decree 380/2001.

The 2022 National Financial Law also establishes that the deduction is 110 per cent until 31 December 2023, for interventions carried out by IACP (Italian Institute for low-rent housing) and equivalent bodies (including interventions carried out by individuals on individual property units within the same building) and by building cooperatives with indivisible ownership, provided that at the date of 30 June 2023 works have been carried out for at least 60 per cent of the total intervention.

The 110 per cent deduction is also available until 31 December 2022 for work carried out by individuals on single-family buildings, provided that at least 30 per cent of the total work had been carried out by 30 June 2022 (with no income limitation).

For interventions carried out in the municipalities of the territories affected by seismic events after 1 April 2009, where a state of emergency has been declared, the deduction remains at 110 per cent for all expenses incurred until 31 December 2025.

The extension also covers “towed interventions” carried out in conjunction with “driving” interventions.

Extension of assignments of credit

The possibility of opting for a discount on the invoice or for the transfer of the corresponding tax credit, instead of the tax deduction in the declaration, has been extended until 31 December 2025 for expenses eligible for the Superbonus (until 2024 for other building deductions).

New provisions on the compliance certificate and the attestation of appropriateness

The National Financial Law 2022 has fully absorbed the contents of Article 3 of Decree-Law 157/2021 (anti-fraud decree) of the Inland Revenue Agency in the context of controls, allowing it to suspend up to 30 days the effectiveness of telematic communications for the options of credit assignment and invoice discount with special risk profiles.

The rules relating to the Anti-Fraud Decree have also been absorbed with reference to the compliance certificate, which becomes necessary also in the event that the use of the 110 deduction is made in the declaration, except when this is submitted directly by the taxpayer, using the pre-filled form, or through the withholding agent.

For the fairness of the prices, it is established that reference should be made to the price lists identified by the Mise Decree of 6 August 2020 and to a specific decree to be adopted by 9 February 2022.

Extension of other building bonuses

It is extended for expenses incurred until 31 December 2024:

the 50 per cent IRPEF deduction for interventions to restore the building heritage as per art. 16-bis, co.1 of the TUIR (Italian Income Tax Consolidation Act) , up to a maximum expenditure limit of Euro 96,000.00 per property unit;
the “furniture bonus” (art. 16 co.2 of Decree Law 63/2013) with an expenditure limit of Euro 10,000.00 for expenses incurred in 2022 and Euro 5,000.00 for expenses incurred in 2023 or 2024;
the seism bonus referred to in paragraphs 1bis et seq. of Article 16 of Legislative Decree 63/2013 (deductions of 50 per cent, 70 per cent, 75 per cent, 80 per cent and 85 per cent);
the “seism bonus purchases”, due to the purchasers of the properties referred to in Article 16 paragraph 1 septies of Legislative Decree 63/2013;
the so-called “ecobonus” for energy requalification interventions on existing buildings as per Article 1, paragraph 344-349 of Law 296/2006 and Article 14 of Decree Law 63/2013;
the “green bonus” referred to in Article 1, paragraphs 12 - 15, Law no. 205 of 27 December 2017.

As regards the “facades bonus” introduced by Article 1, paragraphs 219-223 of Law 160/2019, it has been extended until 31 December 2022, but with a reduced rate of 60 per cent instead of 90 per cent.

Finally, a new deduction has been introduced for interventions aimed at overcoming and eliminating architectural barriers incurred until 31 December 2022 for amounts not exceeding:

Euro 50,000.00 for single-family buildings or building units located within multi-family buildings that are functionally independent and have one or more independent entrances from the outside;
Euro 40,000.00 multiplied by the number of building units making up the building for buildings consisting of two to eight building units;
Euro 30,000.00 the number of building units making up the building for buildings consisting of more than 8 building units;

The possibility of opting for an invoice discount or credit transfer instead of direct use in the tax return has been extended for the same duration as for building bonuses.

The certificate of appropriateness of the expenses and the compliance certificate are compulsory, except for “free building” interventions and for amounts not exceeding Euro 10,000.00.

Finally, it should be noted that the deductible expenses also include those incurred for the issuance of the compliance certificate and the attestations and asseverations, based on the rate foreseen by the specific deductions for individual interventions.