from 1 July any act of sale must include a certificate of energy saving which every house in Italy will eventually need and should be displayed next to the numero civico of the property.
The easiest way to do all the paperwork etc is to go to a 'sbrigapratica' a shop that will handle all your paperwork for a fee - it's well worth the money - about 60 euros... they do it all the time, but it will depend on your ITalian, Ive never found one that speaks English.
The car dealer should sort it all out - and they are so keen to sell new cars that they would probably clean your house and muck out the pigs. HOwever, if the local motorizazzione decide they need a carta di soggiorno it will be down to to you to sort it out, if you dont have residence. If you do have residence a carta d'identità will be enough to satisfy the authorities.
Itdepends on whether the dealer or the local motoriszzazzione has read the minsterial circulars! I had clients who bought a new car here in Sicily and the dealer/officialdom insisted that they had a carta di soggiorno, until I sent a ream of faxes to prove they didnt. Technically buying a car (whether new or old) is a transfer of beni mobili (cars, boats, planes and works of art) and requires a 'passaggio di proprietà, which in turn requires that the state knows where you live. So you will need either residency or apply for a carta di soggiorno as EU citizens which will let you buy a new car without having the residency. (The C di S is not the same as the Permesso di Soggiorno or the CdS/Attestazione di residenza permanente that you hear so much about - its a version of the PdS for European citizens)
Hi penny - the prima casa legislation is for whenever you sell - so when you sell a prima casa, even after 20 years, you still have only 12 months to buy another prima casa or you lose the agevolazione for good. Sorry you're still confused Colonel - but thats Italian law for you! Let me know your circumstances and Ill tell you what and if you have to pay...
If the house is your prima casa: If you bought your house in June 2008 and immediately transferred residence and sell it in May 2010 there is no CGT, if you didnt transfer residence till June 2009 there is... the rule is that you must have had residence for the majority of the time you have owned the house, even 1 day can make the difference. If you dont buy again within the 12 month period it doesnt mean that you have to pay plusvalenza, only that you lose your prima casa incentives the next time round. You dont have to pay any plusvalenza to the notary at the time of sale, you have the choice to include it in your end of year tax return. If you earn in Italy it is usually better to pay the notaio at the 20% rate, as otherwise you will be taxed at 23% or more. If you have no income it can be more economic to declare it yourself and pay (at least some) at a lower tax rate.
Do you own the sotto tetto or is that comunal? As there appear to be only 2 flats you wont have a condominium so the costs are divided between all the owners. If all the roof covers all your property the division is different, if there are communal parts, such as a stairwell, the division is calculated differently. The actual ratio - if you take 2 flat plus 2 bassi - I would think would be about 50:35:15 something like that - but I dont know for sure - Ill see if I can find out.
Technically the notaio should not allow anyone who may have a conflict of interest to translate the act - it is not unknown for interested parties to translate or skip important bits, so estate agents, geometras and so on shouldnt be translators. A bi lingual solicitor is not necessary for a straightforward sale - if you are buying via offshore funds or buying a property that has 48 owners and has strange vincoli it can be worthwhile, but usually solicitors become well paid translators. Registered translators at the Camera di Commercio can be used, anyone else is doing you a favour and you have no legal comeback if they translate something badly.
penny is right - the law is quite clear and if you are not fluent in Italian the act or procura must be translated, otherwise the act is annulabile. To save time and money it is usual to give a procura (as Penny says) to an Italian speaker to sign the act on your behalf, so the procura is translated and not the act - saving lots of translation costs - especially true if there is a mortgage involved as noone wants to translate 45 pages of rollover interest procedure. If both the buyer and seller are non Italian speakers it is easier just to have the entire act translated. The agent cannot be the translator nor can his employees as it is a conflict of interest.
Comments posted
The easiest way to do all the paperwork etc is to go to a 'sbrigapratica' a shop that will handle all your paperwork for a fee - it's well worth the money - about 60 euros... they do it all the time, but it will depend on your ITalian, Ive never found one that speaks English.
The motorizzazzione will be found in the regional 'capital' and they are notoriously rubbish at picking up phones, or knowing anything useful!
The car dealer should sort it all out - and they are so keen to sell new cars that they would probably clean your house and muck out the pigs. HOwever, if the local motorizazzione decide they need a carta di soggiorno it will be down to to you to sort it out, if you dont have residence. If you do have residence a carta d'identità will be enough to satisfy the authorities.
Itdepends on whether the dealer or the local motoriszzazzione has read the minsterial circulars! I had clients who bought a new car here in Sicily and the dealer/officialdom insisted that they had a carta di soggiorno, until I sent a ream of faxes to prove they didnt. Technically buying a car (whether new or old) is a transfer of beni mobili (cars, boats, planes and works of art) and requires a 'passaggio di proprietà, which in turn requires that the state knows where you live. So you will need either residency or apply for a carta di soggiorno as EU citizens which will let you buy a new car without having the residency. (The C di S is not the same as the Permesso di Soggiorno or the CdS/Attestazione di residenza permanente that you hear so much about - its a version of the PdS for European citizens)
Hi penny - the prima casa legislation is for whenever you sell - so when you sell a prima casa, even after 20 years, you still have only 12 months to buy another prima casa or you lose the agevolazione for good. Sorry you're still confused Colonel - but thats Italian law for you! Let me know your circumstances and Ill tell you what and if you have to pay...
If the house is your prima casa: If you bought your house in June 2008 and immediately transferred residence and sell it in May 2010 there is no CGT, if you didnt transfer residence till June 2009 there is... the rule is that you must have had residence for the majority of the time you have owned the house, even 1 day can make the difference. If you dont buy again within the 12 month period it doesnt mean that you have to pay plusvalenza, only that you lose your prima casa incentives the next time round. You dont have to pay any plusvalenza to the notary at the time of sale, you have the choice to include it in your end of year tax return. If you earn in Italy it is usually better to pay the notaio at the 20% rate, as otherwise you will be taxed at 23% or more. If you have no income it can be more economic to declare it yourself and pay (at least some) at a lower tax rate.
Where are you thinking of?
Do you own the sotto tetto or is that comunal? As there appear to be only 2 flats you wont have a condominium so the costs are divided between all the owners. If all the roof covers all your property the division is different, if there are communal parts, such as a stairwell, the division is calculated differently. The actual ratio - if you take 2 flat plus 2 bassi - I would think would be about 50:35:15 something like that - but I dont know for sure - Ill see if I can find out.
Technically the notaio should not allow anyone who may have a conflict of interest to translate the act - it is not unknown for interested parties to translate or skip important bits, so estate agents, geometras and so on shouldnt be translators. A bi lingual solicitor is not necessary for a straightforward sale - if you are buying via offshore funds or buying a property that has 48 owners and has strange vincoli it can be worthwhile, but usually solicitors become well paid translators. Registered translators at the Camera di Commercio can be used, anyone else is doing you a favour and you have no legal comeback if they translate something badly.
penny is right - the law is quite clear and if you are not fluent in Italian the act or procura must be translated, otherwise the act is annulabile. To save time and money it is usual to give a procura (as Penny says) to an Italian speaker to sign the act on your behalf, so the procura is translated and not the act - saving lots of translation costs - especially true if there is a mortgage involved as noone wants to translate 45 pages of rollover interest procedure. If both the buyer and seller are non Italian speakers it is easier just to have the entire act translated. The agent cannot be the translator nor can his employees as it is a conflict of interest.