"NEWS October 27, 2016-Rent to buy: IMU and TASI moving from the deed"
In a nutshell, we can define the contract of rent to buy-or rent to own – as a contract aimed at buying and selling (usually a property): it is characterised by the fact that the transfer does not take place immediately, but only after a certain stipulated time frame between the parties, during which the tenant/buyer pays to the landlord/owner future periodic sums for the use of the property. At the end of the fixed term, the lessee shall decide whether or not to exercise the option for the transfer of the property at the price already fixed; from the agreed price shall be deducted in whole or in part (in this case it is necessary to check the agreements) the fees charged. It is certainly interesting for the contract buyer who manages to dilute some of the cost of acquisition, entering property availability, which can be seen immediately in creating a historic institution that will surely facilitate the subsequent loan application; for its part, the seller, proposing this type of contract, manages to broaden the audience of potential buyers.
IMU and TASI
Once framed the Institute, you wonder about who the payment of municipal taxes, namely the IMU and TASI.
The solution is pretty instant and cannot give rise to any doubts whatsoever. The subjectivity IMU (TASI) is built by reference to article 2 of Legislative Decree No. 504/1992 which at subsection 1 States that: "the owner of real estate are liable to the tax referred to in paragraph 2 of article 1, which is the holder of real right of usufruct, use, housing, long lease, area, on the same, although not resident in the territory of the State or if the registered office or administrative or therein do not have there Act." This means that the tenant/buyer will acquire future passive only upon conclusion of the Act that subjectivity enshrines the change of ownership: until then the landlord/future taxes transferor.
Might be frequent the hypothesis whereby buyer and transferor agree that taxes payable in respect of those premises are borne by the lessee, as the option to purchase is usually implicit in the upstream agreement (buyer pays fees which are then scomputati, and then when he had signed the rent to buy actually had already decided to buy) and the type of contract chosen is actually a method that has the seller to help financially the buyer.
Even if there was such agreement, as previously stated, the taxable person required to pay the tribute to the actual transfer of the property will be the owner: the deal has only effects between the parties but leaves completely unrelated tax ratio.
The problem that results from the use of this agreement lies in the fact that the user necessarily ends up losing the facilities provided for the principal residence: by 2016, law 208/2015 provides for the exemption is for IMU that living quarters for the holder that main TASI dedicates the building. Because it is located in the host, such taxes will be regularly due.
Note that the exemption for the main House also affects the lessee for TASI within its competence, but this certainly is a minor benefit in relation to the total tax due.
Example
Mario Rossi is owner of a residential property to rent € 1,000, plus a garage to rent € 150 and a cellar of annuity € 50. Entering into a contract with Luca Bianchi rent to buy lasting 10 years. Luca Bianchi transferred abode and residence in the building.
The City Council has approved a rate equal to the rate of 9 per thousand and IMU TASI of 1 per thousand; the user's contribution is equal to 10% decided by.
Mario Rossi (annual tax):
IMU: € 1,200 * 1.05 * 160 * 9/1,000 = 1,814.40
TASI: € 1,200 * 1.05 * 160 * 1/1,000 = 201.60 * 90% = 181.44
Luca Bianchi (annual tax):
IMU: not due
TASI: € 1,200 * 1.05 * 160 * 1/1,000 = 201.60 * 10% = 20.16 → Inc.
If Mario Rossi had accorded with Luca Bianchi to be reimbursed the fee paid by him, he should receive IMU € 1,995.84; the tax would be payable by Luca Bianchi if he had bought the property immediately. With reference to the ten-year period of duration of the contract, as in the example, the stipulation to the transfer of the property, the overall burden would amount to about £ 20,000.
It is therefore evident that in evaluations covering the choice whether to use this tool you must also enter the load IMU/TASI.
In those circumstances, considerations must take into account many elements; in some cases the rent to buy may be the only way to buy a property by a person lacking in creditworthiness. Moreover, it should not be overlooked that the user will eventually defer signing the mortgage, deferring the payment of related interests.
Fabio Garrini
