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Declaration of first home benefits not necessary in the preliminary contract of sale and purchase

Real estate law

Declaration of first home benefits not necessary in the preliminary contract of sale and purchase

Until now, many believed that in order to benefit from the reduced VAT rate for the first home for purchases of property under construction, it was necessary to declare the necessary requirements already in the preliminary contract.

The Italian Supreme Court, in its decision 9084 of April 5, 2024, has now ruled that it is possible to benefit from the reduced VAT rate for the first home even without a declaration by the buyer in the preliminary contract, as long as the possession of the requirements is indicated in the final contract, when the transfer effect takes place.

According to the Italian Supreme Court, if at the time of the signing of the final deed of purchase the requirements for the benefit exist and the buyer explicitly declares that he or she possesses them, the sums advanced, such as down payments or deposits, must be subject to the reduced VAT rate.