First home, what to do in order not to lose the benefits

09/09/2022 – Those who sell their main home before 5 years have elapsed from the subsidized purchase have solutions at their disposal to avoid losing the facilities they used. This was explained by the Supreme Court with sentence 2457/2022.

Main residence, the case

The judges ruled on the case of a house, purchased with the benefits for the first home (payment of registration, mortgage and cadastral taxes in a reduced amount) and resold before the term of five years from the purchase.

The Revenue Agency revoked the concessions previously granted, but the taxpayer objected to having repurchased another residential property within one year of the sale.

The Regional Tax Commission agreed with the taxpayer, arguing that the legislation on the repurchase of the home does not expressly indicate a term within which the taxpayer must use the property purchased as his main residence.

First home, how not to miss the benefits

The Supreme Court has overturned the situation, underlining that the legislation provides for two different cases.

The judges explained that who buy for the first time a property to be used as a “first home”, at the time of purchase must reside in the municipality where the property is located or be obliged, at the time of sale, to transfer his residence within 18 months of purchase. You are entitled to the benefits even if the buyer rents the house or if he buys a house already rented. The condition is residence, while it is not required that the house is actually used as a main residence.

Who has already benefited from the facilities for the purchase of the main house, but resells the house before the term of 5 years from the purchase, loses the concessions. The forfeiture of the concessions is avoided if the subject, within one year from the sale of the property purchased with the concessions for the first home, buys another property to be used as a main residence.

The Supreme Court added that the term within which the new building must be used as a main residence, even if not expressly provided for by the legislator, it must be reasonable. It is necessary, concluded the judges, “that the property is used as a main residence before the expiry of the deadline available to the office for the exercise of the controls within its competence”.

Source: Le ultime news dal mondo dell'edilizia by

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