Changing prima casa status from one building to another as part of restoration project.

01/22/2013 - 10:06

We are part way through renovating a farmhouse and outbuilding in Lazio. The outbuilding is habitable now and the geometra came a few weeks ago to talk about giving the property a catastal value. We had always thought that the two buildings (not attached) but on the same land would be considered main house and annex/studio but the geometra is proposing that we leave the main house as 'derelict' on the catastal register until we start work on it (probably in 3 years time) and nominate the little annex as our 'prima casa' for now. We will be away from Italy for a period when my partner's job moves overseas so at this point the smaller building would have to become a 'seconda casa' . We then propose to come back to Italy full-time and at this point will nominate the derelict farmhouse as our 'proposed' prima casa and start renovating that whilst we are resident in Italy. Once finished we'd need to work out how the smaller of the two buildings would be considered...a seconda casa or annex? The two buildings share electricity and sewage system at the moment but are probably about 100 meters apart. The geometra asked us to check with a commercialista that we could in fact nominate the larger building to be our prima casa when we return full-time. Any thoughts on this and also whether we'd be able to claim the tax relief on restoration on the larger building at a later stage as we haven't claimed it on work to the smaller outbuilding?

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Hi, I think it helps to be clear on the terminology. There are some purchase tax discounts associated with you claiming the property will be your main residence when you buy it and claiming residency in the same comune within 18 months of the purchase. This is referred to by most people as the Prima Casa  agevolazione. Then there are other benefits (cheaper IMU, cheaper electricity) for your main residence. Any other residential property (unless it is considered an annexe and the rules for this vary with each comune) with always be a seconda casa (ie a second home as opposed to your main one). Your main residence will be the one you actually live in. The very fact of moving out of one property and into the other will change where your main residence is. There is nothing to be registered at the cadastral office or comune. You need only change your residency and inform the utility companies and taxman etc. In my case I actually pay more IMU and TARSU for the annexe than I do for the house (regardless of deductions). This is because the rendita of the house is less than that of the annexe. It used to be more complicated as you could have your residency at one property and your husband could have his at another and both claim a deduction for ICI. The new IMU has done away with all this. In your case I am pretty sure you can't register the little house as a category A and then swap it to a C. So I can't see how that would work. I am guessing the gemetra is suggesting this as you can then have a certificate of habitation for the little house. Is he proposing the annexe will also have a category A when all the work is done? In my comune you could not do that. An annexe can only be a category C. I don't see what advice you need from a commercialista though. It is too late to change your prima cas (that was part of your atto when you bought the property) and otherwise your main home is the one you live in and have residency in so that is easily changed. Not sure if that helped but your geometra is a little confusing.

In reply to by Penny

HI Penny,   Thanks for that help Penny. I realise I haven't given enough information to be helpful! At the moment neither building has a certificate of habitation and neither building has  a catastal value because when we bought the property (both buildings in one atto as one purchase as far as I can tell) they were both without a catastal value as they were classed 'collabenti'. Now that I am about to apply for residency and the smaller building is habitable (the other hasn't been touched and will remain derelict for sme while yet) it is time to apply for the certificate of habitation and to get the place on the catastal register. The geometra is suggesting leaving the larger, derelict building to be classed as 'collabenti' until we start work on it in a few years. I just wondered if anyone can see any flaws in this? For example i didn't claim the restoration tax relief incentive on restoring the smaller building and thought that the 'allowance' would all get taken up with the restoration of the larger building anyway...the geometra had said maybe I should try and retrospectively claim this for the smaller, annex restoration before we apply for the certificate of habitation (it would be too late after you've already got the certificate i understand), but as long as I know I can use up this allowance in a few years time on the other building I'm not worried about persuing this as it's just another complication in a series of complications.....

Ahhhh - that is a bit clearer. I didn't know you could 'back claim'. I know for the reduced rate of IVA the geometra had to give you a certificate to present to the vendor / builder / installer when you buy the goods or pay for the services and get the fattura. We have just finished a financial year and most comapnies will not now be able to change a fattura they have given you. For the allowance of renovations against your tax returns over the next 10 years, if you won't be paying tax here for a period then you won't benefit. Now I see why he recommended an accountant. This is the page from the tax office: http://www.agenziaentrate.gov.it/wps/content/Nsilib/Nsi/Home/CosaDeviFare/Richiedere/Agevolazioni/Detrazione+riqualificazione+energetica+55/scheda+informativa+riqualificazione+55/ There will doubtless be a different scheme in place when you come to do the other house as this one expires this year. If it were me I would just get on and claim. The maximums are the maximums and once you have reached it that is it.