The changes introduced by the Law of 28 December 2015, n. 208, “Instructions for the preparation of the annual and multi-state (” Stability Law 2016 “), which entered into force on 1 January 2016.

The Stability Law 2016 contains, in one article consists of 999 paragraphs, some important news, especially for real estate, for owners, for whom intends to purchase or to lease a property. The following provisions came into force on 1 January 2016.

We see, in short, the news of greatest interest as regards the profession of real estate agent and broker credit.

  • The threshold of the use of cash. From 1 January 2016, the threshold of the use of cash halls 1,000 EUR 3,000.00 EUR. Therefore, allowed to make cash payments of up to a maximum of € 2,999.00, for the rents of housing units (the threshold falls to 1,000.00 euro for money transfers and payments by the Public Administration). The stability law has, however, limited to the amendment of Art. 49, paragraph 1, of Legislative Decree no. 231/2007, as silent as to the provisions of paragraph 5; it follows that to the bank and postal checks remains an obligation of non-transferability clause from 1000 euro, as well as on the indication of the name and the name of the beneficiary. In addition, it is allowed to use credit cards or debit cards for amounts less than EUR 5,00 unless there is an objective technical impossibility.

To pay by credit card is no longer necessary is to show proof of identity. Therefore, if a customer see denied the opportunity to provide for the payment electronically from refusing to show their identity card, it can protect itself lodging a complaint against the business establishment or the professional.

  • Tax deductions for those who buy from a local construction company. One who buys from the building can deduct IRPEF 50% VAT paid on the purchase, by 31 December 2016, the homes of energy class A or B. The amount will be deducted of Irpef buyer decade. This allows you to halve, in fact, the VAT rate from 4% to 2% for the first home, from 10% to 5% for the other houses, and from 22% to 11% for luxury homes.
  • Abolition of the TASI and changes IMU. It is no longer due the TASI for owners and tenants on residential property used as a principal residence, with the exception of luxury homes. And ‘it suppressed the IMU on agricultural land and machinery functional to the production process (cd. Bolted); They exclude landowners plain that they are not professional farmers and entrepreneurs enrolled in agricultural security.

In particular:

– The house assigned to the spouse in the event of separation or divorce on the buildings is assimilated to the main house;

– For properties leased negotiated rents (contracts subsidized 3 + 2, for college students and temporary use) the IMU and the TASI fell by 25%;

– For buildings loaned to parents or children is expected to decrease by 50% of the tax base IMU (the benefit also applies to second homes owned in the same municipality used as main house).

From 1 January 2016, the IMU is not, also, due to the land:

◊ falling in mountainous areas or hilly;

◊ owned and led by farmers or farmers enrolled in occupational pension farming;

◊ located in the municipalities of the smaller islands;

◊ with immutable target agro-forestry-pastoral to collective ownership and indivisible inusucapibile.

  • The lease residential housing. With this innovation, the stability law for 2016 will promote the instrument of leasing for the purchase of the house, in derogation to the expected, given that the real estate leasing has been applied mainly to the real estate instrumental: warehouses, offices , shops. It is believed that with the finance lease for residential purposes the legislature intended to provide an alternative to the “rent to buy”, which did not find the expected feedback in real estate you want to practice the interpretative uncertainty about the procedure which allows the grantor to revert fully to the right, in case of default of the conductor, either by the complexity of the legislation, which did not offer the balance due of the contractual services.
  • The tax breaks on the purchase of a first home. From 1 January 2016, the owner of a property that has already taken advantage of the tax breaks “first home”, if it decides to buy another non luxury home (or land census in the categories A1, A8, and A9), using the same tax concessions, may do so on the condition, however, that the previous residence is transferred (for consideration or free) within one year after the deed.