New turn of the screw on Super bonus 110%, the maxi tax deduction introduced with the Relaunch Decree in order to get the Italian economy off the ground after the Covid crisis, focusing on the real estate market.
Among the various possibilities to have the maxi deduction, in addition to the indication of the costs incurred for replacement work of the heating system or for the construction of the thermal insulation system, in the tax return, there is the possibility of receiving a discount on the invoice. o transfer the tax credit.
At present, the tax credit can be assigned an unlimited number of times to any person. The beneficiary can transfer his credit to the company carrying out the redevelopment interventions, which in turn can transfer it to his own bank or to another person.
However, the risk of fraud is very high. As noted a few months ago by the director of the Revenue Agency, Ernesto Maria Ruffini in the course of an interview with Il Sole 24 Ore, one year after the operation of the platform for credit transfer and it discount on invoice, have already been identified scams for 800 million of euros on 19.3 billion of exchanges (6.5 for 110% and 12.7 for other discounts) and 2.5 million transactions.
In detail, as Ruffini recalls, numerous sales of non-existent credits, especially referring to building interventions not carried out. In other cases, the assignment of non-existent credits related to fictitiously carried out works even in favor of unaware people, who found invoices relating to works never carried out, were found in their fiscal drawer. These fictitious credits can then be subject to subsequent “movements” and eventually transferred to intermediaries and therefore monetised.
Superbonus 110%: close on fraud
And precisely in consideration of the numerous frauds perpetrated with the transfer of tax bonuses, the new recently approved Dpcm blocks the multiple transfer of these tax credits by providing, in fact, a single transfer by the company to financial intermediaries. Article 26 of the Sostegni ter decree provides for the blocking of the multiple transfer of tax credits.
Same thing for him discount on invoice: taxpayers who carry out works that can be facilitated with the Superbonus at 110%, can sell their tax bonus and see the cost of the subsidized intervention reduced. From that moment on, that is, from when the discount is transformed into a tax credit for the company, the new restriction of a single transfer is triggered.
For the credits already subject to assignment on February 7, it will be possible to proceed with only one further transfer. Contracts that violate the new rules will be considered null and void.
As stated in the draft, the credits that as of February 7, 2022 have already been the subject of assignment or of the discount on the invoice, can “only be the subject of a further assignment to other subjects, including credit institutions and other intermediaries financial “, within the established terms.
“The umpteenth modification to the measures in progress, with the limit on the assignment of credits, risks blocking businesses and penalizing the most needy families. This is not how the frauds stop ”, comments Ance (National Association of Building Builders). “Enough with the constant changes. The uncertainty of the rules, even with retroactive measures, discourages the market and the most serious companies “, says the president, Gabriele Buia Giusto, the aim of combating fraud”, Buia underlines, “but thousands of citizens cannot be continuously hit and of correct companies engaged in energy and seismic redevelopment interventions, which will now necessarily have to review the contractual conditions with the owners, generating thousands of disputes and a blockade of the market “.
At the end of last year, the Cdm chaired by Mario Draghi approved a new provision which aims to clarify the discounts most used by Italians, and therefore more expensive for the state coffers and to protect against fraud, to prevent bonuses buildings “lose credibility”.
Starting from the birth of reference price lists to avoid that the costs of the works rise in an anomalous way.
Also expected one stop on credit transfer or discount on Superbonus invoice and other restructuring bonuses if “risk profiles” emerge that need to be verified.
In particular, it is envisaged that the Revenue Agency may suspend the effects of credit transfer communications for “up to 30 days” on the basis of specific risk profiles that will be identified for each “different type of credit transferred”. Upon successful completion of the checks, or after 30 days, the credit transfer becomes effective. Finally it is extended the requirement of a compliance visa – issued by accountants and Cafs – even if the Superbonus 110% is deducted in one’s tax return. The obligation does not exist if the return is presented directly by the taxpayer.