++ 2020 UPDATE, UNFORTUNATELY DRY COUPON IN COMMERCIAL PREMISES HAS BEEN CANCELED 🙁 ++
Have you heard about dry coupon for Shops as well?
If you are the owner of a property for commercial use C/1 ( Shop ) perhaps you should take a few minutes to read these lines.
Since the introduction of the dry coupon regime in 2011, many landlords of residential properties have breathed a sigh of relief. The new rate in force thanks to Legislative Decree 23 of 14/3/11, allows them to benefit from a "dry" tax at 21 percent ( depending on the type of contract ) for leases for residential use.
With the recent and much-discussed maneuver approved on 12/31/18, the yellow-green government has decided to apply the dry coupon regime to commercial rentals as well.
In fact, paragraph 59 ofArt. 1 reads:
The rent related to contracts entered into in the year 2019, concerning real estate units classified in the cadastral category C/1, with an area of up to 600 square meters, excluding appurtenances, and related appurtenances jointly rented, may, as an alternative to the ordinary regime in force for the taxation of land income for the purposes of personal income tax, be subject to the regime of the cedolare secca, as per Article 3 of Legislative Decree No. 23 of March 14, 2011, at the rate of 21 percent.
Everyone rushing to the IRS to close the existing contract and make a new one, you must be thinking right?
apparently is the first thing the legislature thought of as well. In fact, at the end of the subsection, he inserted a final anti-fraud paragraph that reads:
This regime is not applicable to contracts entered into in the year 2019, if as of October 15, 2018 there is an unexpired contract between the same parties and for the same property that was terminated earlier than its natural expiration date.
This means that you cannot take advantage of the preferential regime if you already have an existing lease with your tenant and plan to redo the lease to save taxes.
DOUBTS ABOUT DRY COUPON FOR COMMERCIAL RENT:
The Internal Revenue Agency has repeatedly expressed its opinion on the applicability of dry coupon, always reiterating the concept that it is a regime applicable only if both parties are private entities and not individuals. ( concept overturned by some rulings of the cassation moreover NDR)
It occurs to me.... In how many cases are landlord and tenant of a store both private entities!!!? I can understand the landlord but, in the vast majority of cases, the tenant of a store is engaged in a business ergo ---> is a legal entity!!!
Only time will tell how the IRS will regulate the application of this new regime...
If there are any updates I will report them in the article 😉
Meanwhile, Happy New Year!!!
P.S: do you have to make a lease in verona? Click here to get my help!
++ 2020 UPDATE, UNFORTUNATELY DRY COUPON IN COMMERCIAL PREMISES HAS BEEN CANCELED 🙁 ++
