No performance for holders of contracts in progress at the April 7:
all in 730 or Act to be submitted in 2012
With the publication of the decision of the Director of the Revenue of the April 7, 2011 was fully operational the "withholding" introduced by Article 3 of Decree No. 23/2011 ("Provisions relating to fiscal federalism").
The withholding is an optional system of taxation of the fee for which buildings housing (with stacking A / 1 to A/11, with the exception of those classified as A10, ie offices), leased to residential use, replacement IRPEF and its additional and registration tax and stamp duty on the lease. In summary, the annual rent agreed between the parties, the withholding is applied at a rate of 21%, which drops to 19% for contracts negotiated rents relating to properties located in the municipalities with a lack of available housing (identified by DL 551/1998, Article 1, letter b) and in densely-populated, identified by the Interministerial Committee for Economic Planning.
Stakeholders and types of properties
The option may be exercised by the lessor, individual, owner or holder of a real right of enjoyment on the leased property and its appurtenances, locate the house together. In the case of co-ownership of rights in the property, the option must be exercised separately by each landlord, and esplicherà effective only in the hands of those who have exercised. To those who have not made use of the option will remain applicable stamp duty and stamp duty, calculated on the latter part of the rent due on the basis of their shareholdings.
It 'important to remember that the effectiveness of the option, and the first year of this, the owner will be required to communicate with the resignation letter to the tenant for the period corresponding to the duration of the option, the right to request upgrade fee, including change established by Istat national consumer price index for families of workers and employees, which occurred in the previous year.
How to exercise the option and duration
The option may be exercised at the time of registration of the contract, extension or termination thereof, or, in some cases, with direct application in the tax return.
The option, therefore, be exercised or the revised model 69 or with the new model electronic complaint simplified Syria, developed for the case of contracts for leases containing only the discipline of the lease without the other agreements, with the following features:
number of locators not exceeding three Optants for all the schedular
number of conductors not exceeding three
one housing unit with up to three appliances, provided that all properties are surveyed and given a pension.
With regard to the model 69, it is noted that the same has been modified to allow the exercise of the option in all cases provided in the measure (so even in the event of postponement or resolutions of the contract). The new model 69 can also replace the model of "Data Communications cadastral CDC" (issued by the director of the Revenue of June 25, 2010) for the obligations attached to it.
The measure also provides that in the case of contracts for which there is no requirement of registration in the fixed term, the option may be exercised directly in the income statement or, if the contract is registered in the case of 'use or voluntarily, at registration.
The option, once exercised, shall bind the lessor to the application of the system of withholding for the entire duration of the contract or the extension, while always preserving the right to revoke the option. If approval does not preclude, however, the option of remaining in the subsequent years of the contract. As well as the failure to exercise the option, in the first year of the contract, does not preclude the possibility of an option for the following years, the deadline for payment of the registration, unless the faculty of revocation.
Transitional provisions for the year 2011
For the tax year 2011, the current contracts in 2011, even closing before April 7, 2011, or subject to voluntary termination before that date, you can opt for the coupon of different ways:
directly in the income statement to be presented in 2012 for income in 2011, for contracts in progress in 2011, expired or subject to voluntary termination date of April 7, 2011, as well as for ongoing contracts at the same date for which already have registered or has been carried to pay for any extension
at the time of registration, the registered contracts from April 7, 2011 or for which the time limit for payment of extension, as from the same date, has not yet expired (in this case the option is expressed in the model 69)
with the model 69, for the case of termination of the lease on the date of April 7, 2011 or Resolution for which, at the same date, there is still the deadline for paying the relevant stamp duty.
In this regard, it is important to highlight that, with regard to contracts for which the registration deadlines expire between April 7 and June 6, 2011, the registration (and any option) can be made within the last term. The same period of time is granted to those who wish to adhere to the option contracts with term loans for the extension of expiring in the same period.
Tax system and the option terms for payments
Those who have the option will be required to pay the withholding calculated on the annual rent agreed between the parties.
The tax payable in the form of withholding replace:
personal income tax and additional income for housing units produced by the land to which it relates the option to tax periods falling during the term of the option
the registration tax due for the years contract or for a shorter duration of the contract for which the option applies
the stamp duty payable on the lease.
In addition, the coupon replaces the registration tax and stamp duty, where due, resolutions, and extensions of the lease if:
the date of early termination is in the process of annuity for which the option was exercised for withholding
is exercised, the option to withholding for the duration of the extension.
As for the payment of the coupon, paragraph 4 of Article 3 of Legislative Decree 23/2011 provides that the same is paid within the time limits for the payment of income tax for individuals and for the validation, verification, the collection, refunds, penalties, interest and litigation, apply the provisions for income taxes.
The regulation governs in detail the terms and conditions of payment on account to the extent of 85% for 2011 and 95% in 2012, stating that the payment is on account of the balance is to be executed in the manner laid down in Article 19 of Legislative Decree 241/1997 (F24), specifying that "that method is used for tax payments made in 2011 also by entities with tax assistance and have the tax returns to the withholding or a CAF or a qualified professional. "
For the payment of the balance of the withholding will apply the provisions concerning the payment of the balance of income tax for individuals.
Source fiscooggi Leonardo D'Alessandro posted on 07/04/2011