Real estate news

How to get a second home bonus a second time if you can not sell the previous property purchased with the tax benefit.

You are going to buy a new house, because the current one is now small for your family, and you would like to take advantage of the new facility for the purchase of a first home. But this is not possible because you can not sell what you have. So how could you do?

To obtain the facilitation for the purchase of a first home, there must be situations:

Having purchased a home at least 5 years before;

Having to sell the house currently registered as a first home within 1 year from the deed of the new house.

But it can be verified that because of the real estate crisis it is not possible to sell the property, or you have to sell it. Then you look for a new solution to get the first home facilitation, such as holding the house to one of the children. But even this can be an unsuitable solution, because it is feared that the child can claim exclusive use of the property and therefore another solution could be to keep the usufruct on the bena but this could cost too much because it would result as second-hand usufruct home. But, then, who has already benefited from the first-home acquisition benefits can no longer use them? As long as the conditions listed above do not exist, unfortunately not.

First home bonus: what tax benefits?

The first home bonus consists of a substantial tax cut, and these are:

The reduction of VAT from 10% to 4%: this is possible when you buy the property from the manufacturer, is aimed at taxpayers who buy a house directly from the construction company, you pay a fixed amount of € 200 for mortgage tax and cadastral;

Purchases for inheritances or donations: fixed mortgage and land registry fees apply, ie € 200;

2% registration tax: this applies to purchases from individuals. Based on the above, the 2018 first home bonus for private purchases will allow you to pay the tax in question on the cadastral value of the property, based on the price / value principle. Cadastral and mortgage tax amounts in this case to 50 euros;

Tax credit: the first home bonus for people who sell and buy back home within 12 months by taking advantage of the facilities provides the ability to subtract the tax payable with that already paid for the purchase of the previous home.

We also need to know that for purchases made by real estate agencies there is an IRPEF deduction of 19% and within the limit of 1,000 euros, and that the loan interest can be deducted from the tax return.

Who can apply for the first home bonus 2018: the requirements

The first home bonus to be requested, as we have already said, we need to comply with some requirements, such as:

not owning any home on the national territory for which you have already enjoyed the first home bonus. Or sell it within 1 year from the deed;

not being the owner of a property in the same Municipality in which the benefits for the purchase of the first house are requested;

be resident in the municipality where you buy a house or transfer your residence within 18 months from the deed;

not be the holder of a right of use, usufruct or property of another property in the same Municipality where the facilitation is requested on the purchase of the first house.

Therefore, we deduce that the bonus can be requested again, but is bound to the sale of the property in possession that must be sold within 12 months otherwise the facility is lost.

For example, other requirements to be met in order to obtain the first-home subsidy are that you do not have to buy a luxury home and in addition the house purchased with the bonus can not be resold before 5 years of possession.

How to do if the previous house is not sold

Now let's see how you can take advantage of the first home bonus without having to sell the house you have in a hurried way and then with the possibility of selling it. There are three solutions, here's what:

If you have a child, you can make a new house for him. We will proceed with an indirect donation that does not require a notary, we pay the seller and we cover the mortgage while the ownership of the house ends directly in the head of the child. To do this you must first request authorization from the court. In addition the parent runs the risk of leaving a good to a different person who, one day could also ask for the exclusive use of the property, by expelling the parents. A solution is to keep the usufruct, but this has a cost because the share of the usufruct will be considered as a second home.

If you have a wife in separation of assets, you can make a new house for her. The risk is that, in case of separation, the wife could claim the property and leave the homeless man. To protect themselves, the husband should have his wife sign a private writing.