RURAL PROPERTY TAX: THE HEARING ROOM OF THE DIRECTOR OF LAND On February 22, 2011 was held at the VI Commission Finance of the House of Representatives hearing with the Director of Planning, Gabriella Alemanno, on the tax treatment of farm buildings.
In summary these are the contents of the report . The existing provisions distinguish farm buildings into two categories:
- real estate for residential purposes;
- the properties associated with the provision of agricultural equipment to a destination other than housing.
The original rules exclude, explicitly, the obligation to declare the farm buildings to the urban construction land. So in the past, the farm buildings were only counted the Land Registry, without specifying their actual intended use and without the award of a pension.
Their economic and fiscal impact was as falling in the "cadastral income" of the land that made up the farm.
Given the difficulty and expense of resources of field offices, are needed to verify the rural character of the buildings, the Legislature was urged to launch a reform aimed at defining the criteria for recognition character of rural buildings.
The main statutory provisions are contained in the farm buildings. 9 DL 30 December 1993 557, ratified with amendments by Law February 26, 1994, No 133.
Assume also particular relevance, in the land, the provisions given by the DPR March 23, 1998, No 139 (issued on reviewing the criteria for stacking of farm buildings) and the implementing decree of the Minister of Finance January 2, 1998, No 28.
The Ministerial Decree has established for the development use rural land called the update "DOCFA" provided for all civilian buildings.
Therefore lodgings can be attributed to one of the typical categories of residential buildings (Class "A / 2") or economic (category "A / 3) in a way completely independent of the fact that the ' dwelling is used by a farmer.
The only limit on rural housing is enshrined in paragraph 3, letter e) which states: "The buildings for residential purposes, which have the characteristics of urban housing units in categories A / 1 [type of housing estate], and A / 8 [houses villas] or luxury features provided Decree of the Minister of Public Works ... August 2, 1969, however, can not be recognized sites ".
The class is part of a specific category of rural A/6-abitazioni, "but this is used, the estimator in terms of land-only in the presence of specific indicators (now very rare and anachronistic ed) , as the absence of corridors, lack of toilets inside the housing, trim and flooring of a lower quality than those of their housing.
It follows that the different types of buildings belonging to other categories of group A can of itself satisfy the requirements of rurality.
buildings instrumental is instead assigned the category most appropriate land located between those of class groups of ordinary (category C) or special (category D) based on specific characteristics (texture, presence of plants, etc.)..
The DL 1 October 2007, No 159, enacted with amendments, by. 1 of L. November 29, 2007, No 222, to streamline the current regulations on the topic in question, introduced Article 42-bis (Rural Buildings) that he has "rewritten" the paragraphs 3 and 3-bis of Article. 9 of the Decree n . 557 of 1993, supplemented later by Article 1, paragraph 275, the L. December 24, 2007, No 244.
on buildings for residential use, the new law has changed the concept of "possession" of the property for residential use, replacing it with "use", even for occasional periods , for the purpose of the farm and beyond the concepts of residence, primary residence or stay.
The same article 42-bis, moreover, has further clarified that the persons using the 'property as a residence - as holders of rights in rem, tenants or soci o amministratori di società agricole - devono rivestire la qualifica di imprenditore agricolo ed essere iscritti nel registro delle imprese di cui all’articolo 8 della legge 29 dicembre 1993, n. 580.
Inoltre, sono state esplicitamente introdotte altre specifiche tipologie di immobili riconoscibili come rurali e, precisamente, quelli utilizzati:
• dalle persone addette all’attività di alpeggio in zona di montagna;
• per uso di ufficio dell’azienda agricola;
• handling, processing, preservation, enhancement or
marketing of agricultural products, although made by
cooperatives and associations referred to in Article , 1, paragraph 2 of Decree
legislative May 18, 2001, No 228;
• for farming in farmstead.
Another important innovation introduced by the above rule is a reference to Article 2135 of the Civil Code concerning the definition of a farmer's property for use other than residential, in order to identify the type of use which permits the recognition of rural tax base.
Now a particularly critical situation has arisen from some decisions of the Supreme Court for placing the local property taxes (hereafter ICI) of farm buildings.
That criticism seemed definitivamente risolta dal comma 1-bis dell’art. 23 del decreto legge 30 dicembre 2008, n. 207 (aggiunto dalla legge di conversione 27 febbraio 2009, n. 14) il quale ha stabilito, in via interpretativa, che, ai fini dell’assoggettamento alla citata imposta, “non si considerano fabbricati le unità immobiliari, anche iscritte o iscrivibili nel catasto fabbricati, per le quali ricorrono
i requisiti di ruralità di cui all’ articolo 9 del decreto-legge 30 dicembre 1993, n. 557” .
Ma anche successivamente all’emanazione di tale Normally, however, recent rulings by the Court of Cassation (Supreme Court for rulings, the United Sections, No. 18565 and No. 18570, both dated August 21, 2009) have confirmed an approach that, with reference to the current land practices, reveals differences of interpretation concerning the subjection of farm buildings for ICI.
in its judgments (all pronounced with regard to the exemption of farm buildings by 'ICI), it is claimed that the houses recognized as rural and buildings used in agriculture are not subject to only if they are classified, in the land acts, respectively, in categories A / 6 (Rural Residential-type) and D/10 (manufactured for production functions related to agricultural activities) .
The authorities cited above has gradually consolidated: Recent rulings by the Supreme Court, Tax Section (from No. 14967 to No. 15048, filed June 22, 2010), shall conform to the criteria set forth in previously by the same court in the United Sections, by making the exemption from payment of ICI buildings in categories A / 6 and D/10.
The Agency, on various occasions, stressed (against the orientation of the Supreme Court) that the conditions necessary and sufficient for the recognition of the rurality of a property must meet the conditions mentioned in Article 9, paragraphs 3 and 3-bis of Decree Law No 557 of 1993 and are completely independent from the class register assigned to the same property.