Superbonus, the transfer of “old” credits has been released. But not everything is solved: the government’s squeeze continues to freeze the market

After months of waiting by the industry building and homeowners, with firm jobs and businesses at risk failurefrom 20 August the rule that allows banks to also place on the market i tax credits accrued before May 1, 2022. This is after that, in the conversion phase of the Aid Decreea small change had been made to the Anti-fraud decree which partially eased the constraints on assignment of credits, limited by it to two. But the tribulations for those who have benefited from the Superbonus are not over. The situation is still uncertain: the issue of responsibility in the event of an ascertained fraud.

But why did we get to the stop sign? The Super bonus 110%, introduced in 2020 (with the Relaunch decree) at the beginning of the Covid-19 pandemic, it aimed to restart an economic sector and stimulate growth sunk by lockdowns. According to the analysis of Nomisma on the social and environmental impact, the measure generated an economic value of 124.8 billion euros (equal to 7.5% of GDP): “Each euro invested by the state has generated three”. According to the latest report Aeneas – relating to July 2022 – on the entire national territory, against a number of sworn statements total of approximately 240 thousand, investments for almost 40 billion euros. About half (19.4 billion) are related to interventions on condominiums.

The strength of the instrument was the possibility of being able to renovate one’s home for free, both in terms of energy efficiency and seismic safety. Thanks to the “credit transfer” system, the key to everything. The art. 121 of the Relaunch decree in fact provides that the citizen can decide to take advantage of the superbonus in the form of one direct tax deduction at 110% from taxes or transform the due tax into a credit. From here two ways open up: transferring the contribution to the supplier who carried out the interventions enjoying one discount on invoice or sell it to companies, credit institutions or other subjects. All without paying anything.

The outgoing premier Mario Draghi he never hid that he was against the measure, also attacking her in a speech in Strasbourg after the EU Commission in the report “European Construction Sector Observatory – Policy fact sheet – Italy Superbonus 110” he praised its intentions and effects from a social, environmental and economic point of view, evaluating it 4 out of 5 stars. increase the prices of materials and to have an unsustainable cost for the state (which they disagree on Nomisma, Reeds and the EU itself), Draghi has emphasized tax fraud tax fraud even if, according to the data declared by the director of the Revenue Agency Ernesto Maria Ruffini, only 3% of offenses are linked to the superbonus (compared to the entire sector of building bonuses). With the aim of curbing the offenses, his government has decided to put a limit on sales, effectively blocking the entire construction sector.

After the long hibernation of the construction industry generated by uncertainty about credit, the decree that was supposed to remedy the damage finally arrived in mid-July. The law of 15 July 2022, n. 91, of conversion of Legislative Decree 50/22 grants banks a further one assignment “in favor of subjects other than consumers or users, who have entered into a current account agreement with the bank itself, or with the parent bank, without the right to further transfer “. That is, banks can now further assign credit to all their customers, with the exception of consumers: therefore to companies, professionals and VAT numbers. Also resolved the clause that limited the retroactivity of the rule: arrived on 2 August, the conversion into law of the tax simplification decree has abolished the time limit of May 1, 2022, so that credits accrued before that date can also be placed on the market.

However, the situation is still uncertain. It remains to clarify the issue of responsibility in the event of an established tax fraud: it is the circular no. 23 / E of the Revenue Agency, released in June, to generate many perplexities. In fact, the Agency specifies that, in terms of the use of credits, and in the case of unlawful activity detected, the responsibility also lies with the financial intermediaries, which are requested verify – case by case – of the transferee, conducted with high professional diligence. L’Abi he invited all associates to exercise the utmost caution. The institutions are awaiting clarification on this point. Banks and intermediaries, according to what companies report toReeds Sicilycontinue not to buy credits because they still do not know how and to whom to sell them, or to cover themselves from any risks they devalue them excessively: every 110 euros they pay 97 and even less, compared to 100-103 a short time ago.

What is certain is that precious time has been lost, especially for the single-family buildings to which it remains just over a month to bring the work to at least 30%, unless the benefit is forfeited to 110%. And many doubts remain about the effectiveness of the limitation of the number of transfers: as also recalled by Ance, the scam is already hidden in the first, at the origin of everything, and it is there, if anything, that we must intervene. After that it’s too late. At this point, to understand the future of the measure we will have to wait for the results of the elections. The only party that aims to stabilize the Superbonus is the 5 Star Movementwhile the center-right aims to reorganize building incentives (without other details) and the center-left does not express itself.

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