Renovation and new construction bonuses, that’s when they are compatible


07/06/2021 – When a building damaged by the earthquake is rebuilt, by taking advantage of the contribution for the reconstruction, it is possible to obtain the restructuring bonus on the part that exceeds the contribution, even if the intervention is classified as new construction. The Revenue Agency explained this with the answer 389/2021.

Restructuring bonus and reconstruction contribution, the case

The owner of a real estate unit, damaged by the 2016 earthquake and declared unusable, had the intention of demolishing and rebuilding it with the same volume but different shape, respecting the anti-seismic, energy and accessibility regulations.

For the intervention, the Municipality would have issued the authorization for the construction of one new construction pursuant to article 3, paragraph 1 letter e) of the Consolidated Law on Construction (Presidential Decree 380/2001). Since the building was located in a landscape restricted area, the works could not qualify as building renovation.

The owner then contacted the Revenue Agency to find out if he could take advantage of the Restructuring Bonus on the part exceeding the contribution for post-earthquake reconstruction.

Restructuring and reconstruction bonus, the qualification does not count

The Agency recalled that, based on article 16-bis, of the Consolidated Income Tax Act (Presidential Decree 917/1986), which regulates the functioning of the Restructuring Bonus, the facilitation is recognized for the reconstruction and restoration of a property damaged by calamitous events even if these interventions do not qualify as ordinary maintenance, extraordinary maintenance, restoration and conservative rehabilitation and building renovation.

The condition for obtaining the bonus, concluded the Agency, is not the qualification and qualification of the intervention, but the fact that the interventions are carried out on a damaged property and that a state of emergency has been declared.

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Source: Le ultime news dal mondo dell'edilizia by www.edilportale.com.

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