The bonus facades – the facilitation provided for by the 2020 Budget Law (Article 1, paragraphs 219-223, Law No. 160/2019) which grants an IRPEF / IRES deduction equal to 90% of the expenses incurred for the recovery or restoration of the facade external – needs one extension: otherwise it will expire on December 31, 2021.

Bonus facades seeking an extension

At the moment it is true that, since in the PNRR Italy has strongly committed with the EU to improve 50% of buildings from an energy point of view by 2025, the Government priority and the extension until 2023 of the superbonus 110%, but it cannot be forgotten that the bonus is the other facility that has had the merit of reviving the construction sector (and all its related activities) in stalemate for many years.

In any case, since today there is no talk of extending it, perhaps it is good to start making some reflections on work started and equally on those who will be between now and the end of the year.

Works to be paid by the end of the year

It will be necessary, in fact, to pay attention to the fact that within the next three months the works, completed or not, to benefit from 90% must in any case be welded, because what will be paid after 31 December 2021 he will not return more in the bonus facades but, as a rule, in the eco-bonus of 65% (for energy saving interventions) or (for building ones) of 50%. And it is the Revenue Agency itself that has already recognized as 90% deductible all the amounts paid in 2021, even before the end of the works (response to the DRE Liguria inquiry n. 903-521 / 2021).

Subjective limitations to remove

If, however, the facades bonus is in some way one of the facilitations that propelled the recovery of GDP, with the occasion of the desirable extension there would also be a need to remedy an incomprehensible limitation of practice that accompanies this facilitation.

In fact, with an interpretative approach expressed in terms of super bonuses (circular 8 August 2020, n.24 / E, par.1.2), but which appears valid for all building deductions, the facades bonus also applies to subjects whose income tax gross is absorbed by other deductions (so-called “incapable subjects“), As well as to subjects who have exclusively taxable income subject to taxation regimes in lieu of income taxes such as, by way of example, the flat rate scheme for individual VAT numbers or the so-called “dry coupon“, It being understood that in these cases the only way to actually benefit from the tax benefits is to exercise, where permitted, the option for one of the alternative methods of use to the deduction of the deduction from gross income tax (ie the discount on invoice or credit transfer).

At the same time, however, always with regard to the 110% superbonus, but with an interpretative approach equally valid for all building deductions, the aforementioned circular states that the tax benefit “it is not up to to the subjects who do not have taxable income who, moreover, cannot exercise the option for the discount on the invoice or for the assignment of credit “.

It follows, for example, that the bonus you make does not compete ai territorial public bodies (for example, the Municipalities) as they are exempt from the payment of IRES pursuant to art. 74 TUIR and these subjects, according to what is stated by the Inland Revenue (response to ruling no.397 of 23 September 2020), cannot even exercise the option provided for by art. 121 of the Relaunch decree (discount on invoice or credit transfer). Likewise, for similar reasons, the bonus you make at the moment does not even belong to the non-commercial entities that they carried out institutional activity only and that they were without income (for example, associations, parishes, etc.).

On closer inspection, however, with reference to the IRPEF / IRES deduction due for the execution of the energy requalification interventions referred to in paragraphs 344 to 347 of art. 1 of the law n. 296/2006 (and subsequently also pursuant to art. 14, Legislative Decree no. 63/2013), in the circular of 31 May 2007, no. 36 it was specified that the deduction is also due to “public and private entities that do not carry out commercial activities”.

In consideration of the fact that these entities are generally not subject to tax, it is clear that at the time being included or not in the category of beneficiaries of the deductions did not generate particular interest as they would not have been able to benefit from them in any case.

Today, however, the generalized possibility of opting, instead of the direct use of the deduction, for the discount on invoice or by the credit assignment it would make it particularly interesting to open the opportunity also for the facade bonus.

It is not the Revenue Agency that removes in an interpretative way what the generosity of an expansive tax legislator would have the will to grant to the economic recovery.

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