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Unrealistic depreciation the risks that arise if the declared sale value is too low

Declaring a property value lower than the market price can be risky. In particular, through the estimates of the Omi Observatory (Omi), the amount of mortgage required by the buyer and the comparison with real estate in adjacent areas, the Revenue Agency may be aware of the evasion and thus Appropriate tax assessments.In the event of a low-priced real estate sale, the Agency notifies an assessment for the payment of the higher tax, mortgage and cadastral tax. It also applies the related sanctions.What is involved with the Revenue Agency is not so much whether the house is sold or not to the actual market value, but that the purchase price is exactly the sum actually paid by the buyer. In the event that a real estate sale is made and the value of the goods declared by the parties is less than that actually paid by the purchaser, the Revenue Agency may adjust the value of the property.In the case of black payment, the Tax Authority can not know exactly how much the buyer has paid, so it is based on the “shared trading value” (the normal trading value that comes from the market) suggested by the Omi estimates. But case law considers that the latter, alone, are not sufficient to justify the finding. For this reason, further clues are needed.Among the elements needed to show the fact, there is the magnitude of the mortgage higher than the declared price and the bank’s technical report. The judge must assess the evidence as a whole and check whether they can jointly support the correction of the office properly.According to jurisprudence, however, in order to exclude any relevance to Omi values, the difference between the mutually agreed loan and the declared price is sufficient to base the assessment. 

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Davide Rigatti

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