Requirements to take advantage of tax deductions of 55%
The Inland Revenue, pursuant to a policy of incentives for energy efficiency, provided for a deduction of 55% for certain types of surgery performed on existing buildings on the Italian territory with the aim to achieve energy savings. The deduction is the extent of 55% of the expenditure incurred for the operation and must be made in annual fees that reduce the income tax, personal income tax and IRES payable.
But who can take advantage of the deduction of 55%? The IRS reports that can take advantage of the deduction all taxpayers who own title to any property forming the subject of upgrading the energy efficiency. Among the owners of the property subject to intervention in fact, can take advantage of the deduction individuals but also companies have business income, merchants, trades and professions, associations between professionals and public and private entities that do not perform business.
The deduction of 55% is aimed at both residents and non-residents in Italy, in fact, being a reduction of the tax deduction on personal income (personal income tax) or income tax for companies, the deduction is given, which is a relief granted until zero to reduce the tax bill, it is provided that you possess the same income on which you calculate the tax to be paid. And the assumption of the two sets is the production of income on the Italian territory, even by non-residents.
They can not be granted reduced construction companies, building renovation and sale. And in general it should be noted that the benefits to upgrading the energy efficiency offered only on those who use the property and therefore it is not possible for a company qualify for the deduction of property leased.
Among individuals can also take advantage of the deduction of 55% also holders of a right in rem on real (ie usufruct), condos for interventions concerning the common parts of the building, tenants and those who hold the property on loan of use.
They can qualify for the deduction of 55% even family members living with the owner or holder of the property for which the intervention argue that the cost of carrying out the work. It is the spouse and relatives within the third degree and relatives within the second degree.
As for the realization of the energy improvements financed through a lease agreement, the taxpayer is entitled to the facilitation which the lessee and the expenditure on which we calculate the deduction of 55% is supported by the leasing company, so do not are relevant lease payments charged to the user.
With regard to a possible change in ownership of the property during the period of enjoyment of deduction of 55%, which we recall is divided into ten equal annual from 2011, the residual portions of the facility may be used by the new owner. This is the case where the transfer takes place, in return for payment or free of charge, the ownership of the building or real right over it. In the case of death of the beneficiary, the use of the tax benefit is passed on in full to the heir only material that retains possession of the property and direct.
In the event of termination of a lease on the property or termination of loan for use, the benefit instead retained by the operator or borrower, so they moved.
13/04/2011
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Translated via software
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Source:
Italian version of ReteIngegneri.it