immobiLex

Author Archives: Stefanie

  1. Administration: South Tyrolean subsidy for energy-saving measures and the use of renewable energy sources

    Comments Off on Administration: South Tyrolean subsidy for energy-saving measures and the use of renewable energy sources

    The provincial contribution is awarded at a rate of between 40% and 80% of the admissible costs, which were defined by resolution of the provincial government (no. 1143 of 19 December 2023). We assume that the provincial subsidies will also be confirmed in 2025 (we will not know until the end of December 2024). The contribution amount is based on the respective measure, the building type and the energy quality of the building (ClimateHouse class).

    Energy-efficient refurbishment of buildings

    Prerequisite: Building licence before 12.01.2005 + heated

    Contribution amount: 80% for condominiums (at least 5 heated building units and at least 5 owners) with at least ClimateHouse B or ClimateHouse R certification, 50% for condominiums with ClimateHouse C building envelope certification, as well as buildings under monument and ensemble protection (for both: at least 5 heated building units and at least 5 owners), 50% for other buildings with at least ClimateHouse B or ClimateHouse R building certification, 40% for buildings with ClimateHouse C building envelope certification and buildings under monument and ensemble protection.

    Eligible measures: Thermal insulation of external walls, roofs, top and bottom storey ceilings, terraces, pergolas, balconies, green roofs and additional costs for backfilled façades, ventilation systems with heat recovery, photovoltaic systems with or without storage batteries for condominiums (covering electricity requirements for communal systems), as well as planning, construction management, building certification and airtightness measurement.

    Hydraulic balancing for existing heating and cooling systems

    Prerequisites: Building licence before 01.01.2013

    Contribution amount: 50% of the admissible costs

    Replacement of oil and gas boilers in multi-family buildings

    Prerequisite: Building with at least 5 heated units and 5 owners, year of construction of the central heating system before 2009

    Contribution amount: 40% of the eligible costs

    Eligible measures: District heating connection, installation of heat pumps, installation of automatically fuelled biomass heating systems (only possible when replacing oil boilers), as well as planning and construction management

    Installation of solar thermal systems

    Contribution amount: 40% of the eligible costs

    Installation of electric heat pumps with photovoltaic systems

    Prerequisite: after completion of the measure: certification at least ClimateHouse C or ClimateHouse R

    Contribution amount: 40% of the eligible costs

    Measures eligible for funding: Heat pump, hybrid heating systems with heat pump, geothermal heat extraction system, heat extraction system from composting, photovoltaic system, storage battery, as well as planning, construction management and building certification

    Up to 40% contribution on expenditure excluding VAT is available for:

    Installation of photovoltaic systems and wind turbines without a grid connection

    The system must supply electricity consumers for whom a connection to the electricity grid cannot be realised more cost-effectively than the installation of a system.

    Applications must be submitted before work begins and between 1 January and 31 May using the relevant forms, including a detailed cost estimate.

    Note: In the catchment area of district heating systems, no subsidies are granted for heat generation systems and solar systems

  2. Single taxation if the tenant is an entrepreneur

    Comments Off on Single taxation if the tenant is an entrepreneur

    In ist judgement no. 12395 of 7 May 2024, the Supreme Court ruled that the flat taxation of rents from the rental of a property for residential purposes (the so-called ‘cedolare secca’) is also applicable if the tenant is a company or a business, as this option is not banned by Art. 3 para. 6 of Legislative Decree no 23 of 2011.

    In the case analysed, a private individual had rented a flat to an airline, which was intended for the legal representative of the same tenant.

    The Court upheld the taxpayer’s appeal as follows: ‘As regards rental income, the landlord may opt for the “cedolare secca” even if the tenant concludes the rent for residential purposes in the exercise of his professional activity, since the exclusion referred to in Article 3(6) of Legislative Decree no. 23 of 2011 refers exclusively to the rental of real estate units for residential purposes carried out by the landlord in the exercise of a commercial or professional activity’.

  3. Budget Law Act 2025 (65% superbonus, 50%/36% deduction)

    Comments Off on Budget Law Act 2025 (65% superbonus, 50%/36% deduction)

    The Budget Law Act 2025 has arrived in the Chamber of Deputies and consists of 144 articles that Parliament can refine with amendments so that it can enter into force on 1 January 2025.

    In a first ‘reading’ of the text, for those interested in the property and construction sector, we draw attention to Article 8, which is dedicated to deductions for work on existing buildings and the energy renovation of buildings, i.e. the ecobonus the renovation bonus.

    Ecobonus: 50% in 2025 for primary residences only

    The Ecobonus for energy renovation measures on buildings, which expires on 31 December 2024, is proposed again by the Budget Law Act, but in a ‘slimmed down’ version, as it was previously 65% for many measures.

    The deduction under Article 14 of Legislative Decree 63/2013 is due for documented expenditure on subsidised interventions, namely 36% of the expenditure incurred in 2025 and 30% of the expenditure incurred in 2026 and 2027.

    The ecobonus applies to 50% in 2025 and 36% in 2026 and 2027 for energy refurbishment measures for primary residences and 36% in 2025 and 30% in 2026 and 2027 for secondary residences if the same expenditure is incurred by owners or holders of rights of use in rem in the property unit used as the main residence.

    Renovation bonus: 50% in 2025 for first homes, then less

    As expected the Budget Law Act bill provides for additional support for first homes by setting the renovation bonus for 2025 back to 50% (deduction of costs incurred) with an upper limit of €96,000 as before.

    But beware: the ‘basic’ deduction is 36% of the costs incurred in 2025 and 30% of the costs incurred in 2026 and 2027, which is increased to 50% of the costs incurred in 2025 and 36% of the costs incurred in 2026 and 2027 if the renovation work actually concerns primary residences.

    Superbonus in condominiums: beware of the 15 October deadline

    We already know that only the 65% deduction will remain from the superbonus in 2025 for work in the condominium, on buildings with 2 to 4 property units carried out by natural persons or on buildings in the third sector, such as non-profit organisations.

    The budget law limits the scope: The deduction will only apply to work that, as at 15 October 2024:

    (a) have submitted the notice of commencement of works (CILAS) referred to in paragraph 13-ter, if the works are not carried out in the condominium;

    b) have been approved at the condominium meeting and have submitted the CILAS in accordance with paragraph 13-ter if the works are to be carried out in the condominium;

    c) have submitted the application for a building title if the works involve the demolition and reconstruction of buildings.

    Ergo: if confirmed, renovations started after 15 October 2024 will not be eligible for the 65% superbonus.