CALCOLO IMU TASI 2016

This article will outline the main application rules for IMU TASI 2016 , starting with payment deadlines and rules, and then briefly highlighting which properties are subject to the two taxes, their respective tax bases, and any reductions. Correctly calculating the tax is essential to avoid penalties and assessments; if you own multiple properties, we invite you to consult our specific guide on tax deductions for second homes . To check the specific rates approved by your municipality of residence, you can access the Ministry of Economy and Finance portal .

Please note that for both taxes, the tax is due for calendar years in proportion to the share of ownership and the months of the year in which such ownership lasted (for this purpose, the month during which ownership lasted for at least fifteen days is counted in full).

Payments

IMU and TASI are paid in full to the Municipality, while the Treasury will only be responsible for the IMU for buildings in cadastral category D, applying a tax rate of 0.76% (the Municipality may, if necessary, establish an increase in its favor of up to 0.3%).

The advance payment is due based on the rates and deductions approved for the previous year (therefore those of 2015), while the final adjustment will be determined based on the 2016 rates, if approved by the deadline of October 28 (otherwise, the balance will also be calculated based on the 2015 rates).

A single payment is permitted by June 16, 2016 (in which case the rates established for the current year will be taken into account immediately).

Payment can be made using a specific payment slip, or the F24 form, using the specific tax codes:

Using the F24 form allows the tax due to be offset against other credits claimed by the taxpayer.

The applicable rates

• IMU

The basic IMU rate has been set at 0.76%: municipalities can adjust this rate by increasing or decreasing it by up to 0.3 percentage points (therefore, the standard rate will range between 4.6 per thousand and 10.6 per thousand).

• Tasi

The TASI rate, on the other hand, is much more restrictive and, in part, depends on what is established for the IMU:

• for rural buildings used for instrumental purposes, the maximum TASI rate cannot exceed the limit of 1 per thousand;
• the sum of the TASI and IMU rates, for each type of property, cannot in any case exceed the maximum rate permitted by state law for IMU as of 31 December 2013, therefore reference must be made to a ceiling set at 10.6 per thousand for the majority of properties, or to other lower rates in relation to the different types (6 per thousand for primary residences, where applicable);
• Municipalities are permitted to derogate from this limit for an overall amount not exceeding 0.8 per thousand, provided that this provision has already been approved in the past for 2015;
• For unsold properties owned by construction companies, a maximum rate of 2.5 per thousand is envisaged.

Given this complex situation, it’s crucial to carefully review the resolution and regulations adopted by each municipality, while simultaneously checking IMU and TASI regulations.

The taxable persons

• IMU

Owners of any property are liable for IMU, and in particular:

• the owner of real estate (only if in full ownership, i.e. for the portion not encumbered by usufruct);
• the usufructuary (in which case the owner of the bare ownership does not have to pay);
• the owner of the right of use;
• The owner of the right of residence: in the event of the death of one spouse, the surviving spouse will pay the marital home tax. With respect to other properties owned by the deceased, each heir will pay the tax in proportion to their respective shares.
• the holder of the right of emphyteusis;
• the owner of the surface rights;
• the concessionaire of state-owned areas;
• in the case of a property used under a leasing contract , the taxable person is the user from the date of signing the contract (even for properties under construction);
• the spouse assigned the marital home following a legal separation, annulment, dissolution, or termination of the civil effects of the marriage (therefore the spouse not assigned the marital home, once he or she loses the right to use the property, is not required to pay).

• Tasi

For TASI purposes only, the tax is due:

• either by the owner of the property (defined with the same rules provided for IMU purposes);
• than from the holder.

A holder is defined as the person who uses the property by virtue of a title other than a real right. Specifically, holders are required to pay TASI:

• the tenant, when the property is rented;
• the borrower, when the property is the object of a loan for use;
• the tenant, when the property is the subject of a business lease agreement.

The total TASI due for the property must be split between the owner and the holder. The amount of this split is determined by the Municipality through its own regulations: the tax payable by the holder must be between 10% and 30% of the total tax due on the property (the remainder is paid by the owner). If the Municipality makes no provision regarding this, the share paid by the holder is 10%.

The tax must be determined according to the subjective conditions of the owner.

With regard to the TASI exemption introduced in 2016 for primary residences, in the case of rented properties, it is important to keep in mind that:

• if the tenant/borrower lives in the property, he/she will not have to pay TASI;
• The owner, on the other hand, will have to regularly pay both IMU and TASI on the share pertaining to him.

The properties involved

IMU TASI 2016 must be paid with reference to properties owned within the territory of each Municipality.

Since 2016, the primary residence, already exempt from IMU, has also become exempt from TASI.

• Buildings

Buildings are taxable for both IMU and TASI purposes according to the same rules. With the exception of buildings in cadastral category D with no income (for which accounting values ​​are used), for all other buildings, reference will be made to the income recorded in the land registry, in effect as of January 1st of the taxable year, revalued by 5%, to which specific multipliers are applied.

For both IMU and TASI purposes, a 50% reduction in the taxable base is also envisaged for uninhabitable and unfit buildings, as well as for properties subject to restrictions pursuant to Article 10 of Legislative Decree 42/2004.

Buildings owned by the builder (or renovator), intended for sale and not rented, are exempt from IMU, while TASI is due.

Please note that since 2016, a 50% reduction has been available for properties granted free of charge to relatives in a direct line within the first degree, with a registered contract; however, this benefit is subject to certain restrictions.

• Agricultural land

Agricultural land is taxable only for IMU purposes. The taxable base is the land registry income, current as of January 1st of the taxable year, revalued by 25%, plus a multiplier of 135.

However, land is exempt from IMU in the following situations:

• when located in the mountain municipalities listed in Circular 9 of 1993 (the one referred to for ICI, as well as for IMU until 2014). Some municipalities are designated partially mountainous (PD), and the exemption applies to a portion of the municipal territory;
• the exemption for land located on the so-called “minor islands” indicated in Annex A of Law 448/2001 is confirmed (which essentially means all Italian islands, with the exception of Sicily and Sardinia);
• For direct farmers and professional agricultural entrepreneurs, provided they are registered with the appropriate social security system, the exemption applies to all non-buildable land, wherever located (including flat areas). To this end, the land must be both owned and operated by these individuals;
• The exemption for land with an unchangeable agricultural, forestry, and pastoral purpose, which is collectively owned and indivisible and subject to expiry, is confirmed.

• Building areas

Building land is taxed for both IMU and TASI purposes. The taxable base is the market value in common commerce. However, it should be noted that many municipalities establish reference values ​​that taxpayers can adjust to avoid future disputes.

For direct farmers and professional agricultural entrepreneurs, the pretense of non-buildability of the areas is confirmed: if these individuals cultivate the land, they will be exempt from IMU as if it were agricultural land, even if the urban planning instruments, PRG or other, qualify it as suitable for building use.

In the event of building use of the area (construction of a new building), demolition of a building, recovery, restructuring and conservative restoration interventions, the property in question must be considered a building area for tax purposes and the taxable base will be constituted by the market value.