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A seller may be liable where the first-home tax break is not granted
- 05/12/2016
The Italian legislation provides for tax breaks (as regards VAT, registration fee, mortgage tax and cadastral tax) in case of purchase of properties, classified in the cadastre into categories different from A/1, A/8 and A/9 categories, having first-home characteristics (note II-bis of article 1, D.P.R. no. 131, 26th April 1986).
First-home tax breaks may be lost for lack of one of the requirements. Consequently, unpaid taxes, interests and a penalty amounting to 30% of the tax will be charged.
Even if the parties are jointly liable for the payment of the tax (article 57, paragraph 1, D.P.R. no. 131, 26th April 1986), the indirect taxation related to the purchase is on the buyer. Besides, the penalty amounting to 30% of the tax is owed only by whom is responsible for the loss of the tax break, most of the times the buyer.
Nevertheless, with judgment no. 24400 of 30th November 2016, the Court of Cassation has explained that the loss of the first-home tax break may happen also for reasons not depending on the buyer. For example, where a seller sells a property of a cadastral category for which the first-home tax break does not apply, also following a review made by the cadastral office after the purchase.
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