Let’s go deeper into a few simple steps Aims The real estate company was created with the aim of optimizing the return on assets managed
Real estate company: do we really know everything? Let’s go deeper together in a few simple steps
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The real estate company was created with the aim of optimizing the yield of managed assets and making the tax burden functional, known as the real estate spin-off, which consists in separating real estate investments from the ordinary business of the company.
There is no single real estate company definition, but there is no regulatory regulation in the strict sense governed by the Civil Code or by tax laws.
However, we have the habit of defining in this way all the companies that carry out their main activity in the real estate sector.
With regard to the activity carried out, it is possible to identify different types of real estate companies:
For property for sale and purchase, the income obtained from the sale of properties, which represents a sale proceeds, according to art.53 of the TUIR, will be considered fiscally achieved only with the legal transfer of ownership.
For management properties, the properties are permanently held by the company, for example buildings and land, therefore they will affect the fruits that will be obtained from the property in terms of rent.
The determination of the taxable income of the management properties follows the rules relating to the determination of land income according to the classification of income provided for by art. 6 of the TUIR.
Article. 43 of the TUIR defines instrumental properties by destination the properties that the owner uses for the exercise of his business, art and profession, e.g. the building that grants use to the employee who has transferred his / her residence for business reasons.
Furthermore, art. paragraph 2 of art. 43 of the TUIR clarifies the concept of instrumentality of property by including also properties not used exclusively by the owner for the exercise of business activities, or art and profession.
According to the cadastral classification, the instrumental properties are also the real estate units for the use of collective housing, group B; for ordinary commercial use, group C; special purpose, group D; private offices and studios, category A / 10.
With reference, however, to civilian homes, income is determined on the basis of article 37 of the TUIR (cadastral income).
Therefore, the costs incurred for the property recognized in the financial statements must be subject to a specific increase, because they cannot be deducted; instead, the value of the revalued cadastral income will be taxed.
The Legislative Decree 83/2012 introduced news regarding the leases of residential properties, which are to be considered exempt from VAT. However, if the property is leased by the company that has carried out recovery interventions according to the provisions of art. 3 paragraph 1, letter c) d) of the Presidential Decree 380/2001 or, if the contracts concern buildings intended for social housing, the 10% VAT rate applies.
Similarly, exemptions are also provided for instrumental properties. However, it is possible to choose taxability for VAT purposes, and, apply the rate of 22%.
Furthermore, the law decree n. 83/2012 established the restructuring bonus for the first time at 50% and the subsidized spending ceiling at € 96,000.
The 2016 Stability Law provided for deductions for the building renovation for the real estate sector. Construction Bonus, which also includes the purchase of large appliances and / or furniture related to the intervention, and facilities related to the purchase of main homes.
For housing leases, Legislative Decree no. 47 of 12 March 2014 (House Plan 2014), introduced a substantial reduction of one of the two substitute tax rates. Regarding the purchase of properties for rental / residential use, however, with the Legislative Decree n. 133 of September 12, 2014 (Sblocca Italia Decree) rules were introduced in order to give a new boost to the civil housing sector.
Ducale S.P.A., Tecnocasa’s real estate development company has reaffirmed the convenience of buying a new home in 2018 not only thanks to the tax breaks, the bonuses provided for by the stability law and the subsidized loans inherent in the purchase and renovation; but because it is also possible to enjoy a ten-year guarantee on building defects, provided for by article 4 of legislative decree number 122 of 20 June 2005, in addition to a more economically advantageous price compared to the past due to the drop in values in the real estate sector . To these are added other advantages of an architectural nature, of innovative and modern design.
A 65% Eco bonus is also provided for the use of advanced technological systems for energy efficiency interventions in order to make our home safe, with an IRPEF and IRES deduction divided into 10 installments in your income tax return for a maximum of 96,000 euros.
The good news in the real estate sector, over the past few years, has not been long in fact, as we have seen previously, important steps forward have been made.
The real estate sector, despite experiencing periods of stagnation, is raising the reins of its fate thanks to a series of favorable measures.
A real estate agency is a capital or partnership company that carries out real estate brokerage activities in the sale or lease (rental) of real estate on behalf of third parties (individuals or companies).
The professional who works within the real estate agency is the real estate agent who deals with and is fully responsible for the mediations against him. At a legal level, the real estate agency is regulated by law no. 39 of 1989 and by DM on 26 October 2011.
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Art. 6 del TUIR
Art. 37 del TUIR
Art. 43 del TUIR
Art. 53 del TUIR
Art. 90 del TUIR
Art. 2426 del Codice Civile