Facilitations or reductions not only for the main house

News of the stability law of 2016: exemption of the IMU and TASI

The new Stability Law of October 2015 introduces the abolition of IMU and TASI on the main house, provided that they do not fall under the A1, A8 A9 cadastral categories, namely luxury houses, villas and castles.

The reduced rate for luxury homes, villas and castles

The last three categories may, however, benefit, if they are used as principal residence, from a reduced rate of 0.40% which can be further reduced or increased by 0.2% by municipal resolution, as well as a deduction of 200 euros. The same goes for the outbuildings, one for each category C2 (warehouses, depots, cellars), C6 (parking spaces, garages, garages, etc.) and C7 (closed or open roofs).

Local social housing units as well as those owned by construction companies with undivided properties will be exempt from paying the IMU as long as they are still used as main dwellings. Even those for university students will be eligible for the exemption.

Exemption granted to the house of the separated spouse

Another novelty concerns the exemption granted to the house allocated to the spouse as a result of the legal separation, but also in case of annulment or dissolution of the civil effects of the marriage.

Italians enrolled in AIRE

Even for AIRE registrants, there is some news as they will also be able to enjoy the benefits, but only for a house in case of purchase or usufruct with the corresponding dependencies (up to one for each category). see above) and provided that the local unit is not rented or loaned. If they have more, they can choose the one that asks for an exemption. Also with a specific municipal resolution, municipalities may also introduce other forms of facilities, within the limits of fiscal balancing objectives, that provide for reductions or exemptions for persons admitted to health facilities as a result of hospitalization, whether elderly or disabled.

Foreigners residing abroad

We see the case of natural persons residing abroad who own real estate in Italy for the purposes of facilities for IMU and TASI. It often happens that husband and wife have a house in Italy. The wife and her children moved to a residence abroad or vice versa, while her husband continues to reside in Italy. In these cases, it is necessary to determine whether the property in Italy can be considered as the main residence of the family and thus benefit, for IMU and TASI purposes, from the “first home” facilities.

Criteria for an alien to be considered resident in Italy

First of all, I remind you of the criteria for establishing a residence in Italy by a foreign person. In this regard, it is necessary to clarify how to apply the “first home” for the purposes of IMU (and TASI), specified the legislator, pursuant to art. 13 (2) of D.L. 201/2011 that “the main dwelling refers to the property, registered or entered in the land register of urban constructions as a single real estate unit, in which the owner and his family unit usually reside on a random basis”. Therefore, in the light of the above-mentioned regulations, property owned in Italy by natural persons (ie entire families) who do not reside can not be considered as “principal residence” and benefit as a such, exemptions IMU and TASI.