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Superbonus: New regulations and updates

published on 21 May 2021 | reading time approx. 10 minutes

“Superbonus” is a measure introduced to improve the energetic and seismic efficiency of the existing real estate and to contribute to the building revival.

As a result of this tax measure, the rate of deduction of expenses for specific energy efficiency interventions, seismic risk reduction interventions, installation of photovoltaic systems and infrastructures for recharging electric vehicles in buildings has been increased up to 110 per cent.

The new legislation is to be added to those already in force that govern deductions from 50 per cent to 85 per cent of the expenses due for interventions for the recovery and the energy requalification of buildings (the so-called “Ecobonus” under Article 14 of Legislative Decree 63/2013) and reduction of seismic risk (the so-called “Sismabonus”).

The Superbonus mainly applies to interventions carried out by:

condominiums;
individuals, not carrying out a business or a profession, who own or hold the property subject to intervention;
individuals, not carrying out a business or a profession, owners (or co-owners with other individuals) of buildings consisting of 2 to 4 separately stacked building units;
autonomous institutes for social housing (IACP);
housing cooperatives;
non-profit organizations, voluntary associations and associations for social promotion;
amateur sports associations and clubs, limited to work on buildings or parts of buildings which are used as changing rooms only.

With the Relaunch Decree has also been generalized the possibility of opting, as an alternative to the direct use of the deduction in the taxpayer's income tax return, for an advance contribution in the form of a discount from the supplier of the goods or services (so-called “invoice discount”) or for the assignment of the credit subject to the issuance of specific technical and fiscal approvals. For exercising the option, a notice must be sent and a form has to be filled in and sent online as approved by the Revenue Agency's provision of 12 October 2020.

The main regulatory changes and updates relating to the Superbonus are summarised below:

News on the expiry and extension of the Superbonus benefit

With the approval of an amendment to the 2021 Budget Law, the duration of the Superbonus has been extended: therefore, according to the regulations now in force, the expenses covered by the bonus must be incurred by 30 June 2022 (while the original deadline was 31 December 2021).

A further six months' time (31 December 2022) has also been granted for expenses incurred for works in buildings or carried out on the common parts of condominiums consisting of two to four separately stacked property units, owned by a single owner or co-owned by several individuals if, as at 30 June 2022, at least 60 per cent of the overall intervention has been carried out.

In the case of the Istituti autonomi case popolari (Iacp), or other entities that meet the requirements of European legislation on “in-house providing”, the relief concerns expenses incurred by 30 June 2023, if, by 31 December 2022, work has been carried out for at least 60 per cent of the overall intervention.

Moreover, the Government has undertaken to include in the Draft Budget Law for 2022 an extension of the SuperEcobonus to the entire year 2023; it should be noted, in any case, that over Euro18 billion has been allocated for the 110 per cent Superbonus, between the PNRR and the Supplementary Fund.

Tax code for use in the offset, F24 model, of the credits

With Resolution no. 83/E of 28 December 2020, the Italian Revenue Agency has established 6 tax codes that will be used from 1 January 2021 by suppliers and transferees of Superbonus and ordinary house bonuses to offset the tax credit acquired through the F24 model.

These tax codes are the following:

“6921” entitled “SUPERBONUS art. 119 DL n. 34/2020 - use of credit for transfer or discount as compensation - art. 121 DL n. 34/2020”;
“6922” entitled “ECOBONUS art. 14 of Decree-Law 63/2013 and PHOTOVOLTAIC INSTALLATIONS art. 16-bis, paragraph 1, letter h), of the Consolidated Income Tax Act - use of credit for transfer or discount as compensation - art. 121 of Decree-Law 34/2020”;
“6923” entitled “SISMABONUS art. 16 DL n. 63/2013 - use of credit for transfer or discount as compensation - art. 121 DL n. 34/2020”;
“6924” entitled “COLONNINE RICARICA art. 16-ter DL n. 63/2013 - use of credit for transfer or discount as compensation - art. 121 DL n. 34/2020”;
“6925” entitled “BONUS FACCIATE art. 1, commi 219 e 220, legge n. 160/2019 - use of credit for transfer or discount as compensation - art. 121 DL n. 34/2020”;
“6926” entitled “RECUPERO PATRIMONIO EDILIZIO art. 16-bis, comma 1, lett. a) e b), del TUIR - use of credit for transfer or discount as compensation - art. 121 DL n. 34/2020”.

In order to correctly use the bonus, the code relating to the type of bonus acquired must be indicated in the “Treasury” section, in correspondence with the amounts indicated in the column “credit amounts offset”, or, in cases where the taxpayer must proceed with the reversal of the offset credit, in the column “debit amounts paid”.

The “reference year” field of the F24 form must indicate the year in which the annual portion of the credit can be used for compensation.

For example, for expenses incurred in 2020, if the first portion of the credit is used for offsetting purposes, the F24 form must indicate the reference year “2021”; if the second portion is used for offsetting purposes, the reference year “2022” must be indicated, and so on.

The amount that can be used for offsetting is the amount resulting from the communication for the transfer of the credit or the discount on the invoice sent by the Revenue Agency. In order to offset the amount on the F24 form or, alternatively, to assign the credit at a later date, it is mandatory to confirm the exercise of the option through the electronic platform.

Both in the case of use by the first transferee or supplier, and in the case of further transfer, the use of the tax credit relating to the Superbonus and ordinary bonuses in force for building renovations is allowed under the same terms and conditions applied to the original transferor.

Platform for the transfer of tax credits

The Revenue Agency has made available an online procedure through a dedicated web platform, for the purpose of managing tax credits transferable to third parties, including the Superbonus whose relative credit must be communicated by the taxpayer who is the owner and therefore the beneficiary. The instructions to use such platform are provided in the guide published by the Revenue Agency on 20 April 2021.

In particular, it appears that the effects of the transactions carried out on the platform are immediately visible for the parties involved (transferor and transferee) in the various sections of the platform itself and after acceptance, the credits are also visible in the transferee's personal tax box provided by the Italian Revenue Agency.

Exclusion of the general contractor's costs covered by the Superbonus relief

The Revenue Agency with two separate rulings (Ruling n. 254 of 15 April 2021 and Ruling n. 261 of 19 April 2021) has clarified that in the case of a general “contractor”, and therefore in the case of a contract, entrusted from the design and up to the implementation of interventions to a single entity of the Superbonus practice, the taxpayer/beneficiary contractor will be able to use the Superbonus with subsequent exercise of the option for the discount in the invoice in relation to the costs that the company, as “general contractor”, will invoice him for the implementation of the specific interventions subject to relief.

The eligible costs also include professional services necessary for the execution of the works and for the completion of the administrative and fiscal formalities necessary for the purposes of the relief (obtaining a compliance certificate and technical approval).

On the other hand, it has been clarified that the mere coordination costs paid to the general contractor, such as those of the condominium administrator for carrying out the duties of the condominiums relating to the implementation of the works and for access to the Superbonus scheme, are excluded from the relief.

Energy Communities and Superbonus

With Resolution No. 18/E of 12 March 2021, the Agency has provided clarifications regarding access to the Superbonus for renewable energy communities established as non-commercial entities or for condominiums that adhere to “configurations” as defined under Article 42-bis of Decree-Law No. 162/2019 (so-called “Milleproroghe 2020”).

Energy communities are represented by groups of individuals who share the exchange of clean energy through, for example, the installation of photovoltaic systems with storage systems; they may consist of condominiums, whose individual condominiums decide to join the community, or of individual homes whose owners join the so-called configuration pursuant to Article 42-bis, Decree-Law 162/2019.

As these are interventions relating to the installation of photovoltaic systems, the relevant expenses incurred can access the 110 per cent Superbonus regime pursuant to Article 119, Decree-Law 34/2020.

In particular, with reference to this issue, the Agency has confirmed that regarding renewable source plants, managed by entities that adhere to the “configurations”, the deduction provided for by Article 16-bis, paragraph 1, letter h), Tuir (Income Tax Code), applies up to the limit of 200 kW and for a total amount of expenditure not exceeding 96,000 euros and is divided into 10 annual instalments of equal amount and to the extent of 50 per cent when the expenses are part of interventions relating to the implementation, on individual building units and common parts, of works aimed at achieving energy savings.

In addition, with the increase of the deduction rate from 50 per cent to 110 per cent granted by Article 119 of the Relaunch Decree, the access to Superbonus 110 has been granted for the installation of systems up to 200 kW also by renewable energy communities set up as non-commercial entities or by condominium owners who join the configurations.

The deduction applies to the installation of grid-connected solar photovoltaic systems on buildings or solar photovoltaic systems on structures pertaining to buildings.

However, the Superbonus rule sets different parameters for access to the 110 per cent.

In these cases, the maxi-deduction is granted on an amount of expenses not exceeding Euro 48,000 and, in any case, within the limit of Euro 2,400 per kW of nominal power of the photovoltaic solar plant, to be divided among those entitled in five equal annual instalments and in four instalments for the portion of expenses incurred in 2022.

The maxi-deduction is in any case subject to the installation of the systems in conjunction with one of the “driving” measures provided for by the Law, and is also available for the simultaneous or subsequent installation of storage systems integrated into the solar photovoltaic systems facilitated under the same conditions, within the same limits of amount and total amount and in any case within the spending limit of Euro 1,000 for each kWh of storage capacity of the storage system.

Provision for bureaucratic simplifications in urban planning matters

A Decree-Law that the Government has undertaken to pass by May 2021 should provide for new bureaucratic simplifications in the field of town planning, such as the fulfilment of obligations relating to the double conformity of buildings.

In this way, the objective of reducing the obstacles deriving from the “legitimate status” of the building units should be guaranteed, primarily by including in the Superbonus benefit also interventions relating to persons who, in condominiums, are in the process of applying for a building amnesty; the objective of this rule would be to ensure that the irregularity concerning a single building unit prevents the others from acquiring the certification of the legitimate status and therefore being able to access the Superbonus.

However, this regulatory change is still being defined and has not yet been definitively approved.

Possible future inclusion of D/2 properties in the Superbonus scheme

There is a legislative proposal to extend the scope of the Superbonus to interventions carried out on D/2 buildings, i.e. hotels and pensions.

However, this regulatory change is still being defined and has not yet been definitively approved.

The regulations on Superbonus 110 are becoming increasingly transparent and complete for operators involved in the renovation of residential buildings that have projects under construction or still undergoing feasibility studies.

In fact, the new clarifications and extensions already approved, together with the new features envisaged but still to be defined, represent a strong incentive to use this tax tool.

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