- The Italian Supreme Court ruled that the standard 22% VAT rate applies to the sale of Tupini residential buildings to real estate companies, instead of the 10% rate for primary residences.
- This decision is considered inconsistent with existing regulations.
- The issue of VAT on Tupini residential buildings purchased by commercial companies is significant and frequently encountered, but often overlooked by both specialized press and during the notarization process.
- Tupini buildings, as defined by Article 13 of Law 408/49, are non-luxury residential buildings that do not fall into cadastral categories A/1, A/8, or A/9, even if they include offices or shops under certain conditions.
- The sale of these buildings by construction companies is subject to a reduced 10% VAT rate.
- Article 127-undecies of Table A, Part III, attached to Presidential Decree 633/1972, specifies a 10% VAT rate for the sale of non-luxury residential buildings, provided certain conditions are not met.
Source: commercialistatelematico.com
Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.
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