WŁOCHY

Italy

Citizens of European Union member states can purchase real estate under the same conditions as Italian citizens. The formalities associated with buying such property primarily include Obtaining the Italian fiscal code (codice fiscaleEquivalent to the Polish NIP number issued by the Tax Office.Agenzia delle Entrate) oraz opłacenie kosztów notarialnych i podatków związanych z zakupem nieruchomości.

In Italy, we can choose from various types of properties: appartamento – apartment, two-room apartment – bilocale, one-room apartment – monolocale, house – casa, country house with outbuildings – casale, farm – cascina/fattoria, residence – masseria, and terraced house – villetta a schiera. For the agreement to be fully effective, it should be concluded in the form of a notarial deed. The property buyer bears the notarial costs. The notary is obliged to carry out a series of legal control actions. First and foremost, they check whether the seller is the actual owner and has the legal title to sell the residential property, and they are also obliged to check whether the apartment (house) is not mortgaged. Additionally, the notary should verify whether the subject of the sale is not subject to special legal regimes, e.g., the right of first refusal for specific entities, or whether the property does not have historical, artistic, or archaeological value. The notary's duties also include checking if the cadastral map corresponds to the actual state of the property and whether the appropriate checks have been carried out concerning the correct property status in terms of building regulations, energy law regulations, and regulations on anti-money laundering. The notary is also obliged to collect from the buyer the amounts necessary to pay fees and taxes, which at the time of registration of the notarial deed, are transferred to the Tax Office. Regardless of the notary, we must personally check the property's status in the land register Catasto - in the appropriate Department of Land and Mortgage Registers, Conservatoria dei Registri Immobiliari. In this way, one can ensure that the apartment (house) we intend to buy comes from an authorized person.

The taxes directly associated with the purchase of real estate are: property registration tax (l’imposta del registro), mortgage tax (tasso ipotecario), and cadastral tax (tributo catastale), paid to the notary, who then transfers them to the Tax Office. Importantly, after acquiring a property in Italy, its owner is required to pay the ICI real estate tax (imposta comunale immobili). The rate, set by the municipal authorities, is paid by the property owner twice a year.

For instance, when purchasing a property from a private individual, to calculate the cadastral value of the property (valore catastale), the cadastral income (rendita catastale) should be increased by 5% and multiplied by 120: 1000 x 1.05 x 120 = 126,000. Then, we calculate the property tax – registration (imposta di registro) from the cadastral value (9%) and add the mortgage and cadastral taxes (imposta ipotecaria e catastale) for a total of 100 euros (50 euros each): (126,000 x 9%) + 100 = 11,340 euros. When buying a property from a company that pays VAT, we calculate the VAT (IVA) on the purchase price (10%), as well as registration, mortgage, and land registry taxes (imposte di registro, ipotecaria e catastale), stamp duty (imposta di bollo), and mortgage tax (tassa ipotecaria): (250,000 x 10%) + 600 + 230 + 90 = 25,920 euros

The amount of the so-called cadastral tax depends on whether you are buying the property as a prima casa (first home, where you actually live) or as a seconda casa (second home, the "holiday" one) and on the cadastral value of the property. It varies from 2 to 9% of the property's cadastral value, and for new properties, it is 4% or 10% of the market price. When purchasing a property as a prima casa, there are obligations related to registration of residence and possibly transferring the tax residence. In the case of purchasing as a seconda casa, there is also an annual property tax, about 1% of the cadastral value of the property, depending on the municipality. Each property in Italy has a defined cadastral value, which is usually much lower than its market price.