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Rent: In Which Cases can I request a Fee Reduction?

Rent: In Which Cases can I request a Fee Reduction? - The possibility of reducing the rent when you are in economic difficulty through a private agreement with the owner is starting. All solutions and ways to record private writing

Rent In Which Cases can I request a Fee Reduction

The Corona virus emergency is also having a major impact on the economy of all citizens. Many people have lost their jobs at the moment or have been forced to suspend their activities due to lockdown, or are on a reduced salary because they are on a redundancy scheme. It becomes difficult in these situations to pay rents, whether residential or commercial. To overcome this problem, which also affects the owners of premises on which they may have debts or mortgage payments, contractors were given the opportunity to review the terms of their contracts, even bringing a reduction in the rent. In this regard, we try to understand:
  • Which individuals can get the rent reduction?
  • How to draw up the private agreement
  • What are the benefits
  • How to send documents to record private writing
  • The owner's tax return

Which individuals can get the rent reduction?

There are self-employed people who suddenly find themselves without income due to the closure of their business, off-site students who have to pay rent even if they return to reside at their parents' homes, families where one or more members have lost their jobs or receive the reduced salary. In cases such as these or similar, it is possible to agree with the owner of the property for a re-modulation of the rent, and consequently the taxation paid by the owners. All leases can then be accessed, regardless of the type of benefit. The agreement can therefore be registered for both residential and commercial accommodations, irrespective of the contractual duration and tax regime, ordinary or dry cedar. The registration of this contractual adjustment does not involve the payment of certain tax, either register or stamp, as specified by art. 19 of DL No. 133/2014.

How to draw up the private agreement

The private writing between owner and landlord will of course have to refer to the existing contract. In addition, the following essential elements must be present:
  • Sensitive data of contractors (landlord and tenant);
  • The value of the annual fee established;
  • Reduced value as a result of the agreement;
  • The number of monthly payments for which the lowest amount will be paid;
  • The date of the new stipulation;
  • Signature of both contractors.
Therefore, you do not need to specify the date from which the regular payment will start because it automatically refers to the first month after the posted months. Usually the agreement must be exchanged in the original but, in this period, given the pandemic, the email exchange was made legal even if the address is not a certified PEC. The content of this agreement may include several solutions:
  1. temporary fee reduction;
  2. suspension of rent payment for some monthly payments;
  3. deferral on instalment of amounts;
  4. reduction of the licence fee permanently.
The contractual change must be written and registered at the Revenue Agencies website, as mentioned above, without the payment of stamps or other expenses.

What are the benefits

The main advantage of the rental reduction agreement is the resulting reduction in the tax level. Thanks to the registration of the act, the owners of the properties will be able to communicate to the Revenue Agency the new annual amount, clearly reduced, thus avoiding paying a tax not due as referring to an annuity no longer received. The Revenue Agency has specified that such registration can be made by filling out Model 69 to which a copy of the signed agreement, complete with all the essential parts mentioned above, must be attached. It goes without saying that the reduction in taxes on unpaid fees can only be required in cases of temporary or permanent reduction or suspension. If the agreement between tenant and owner provides only a different installment of the amount, of course, the income complaint will not change.

How to send documents to record private writing

Model 69, duly completed, and the private agreement signed by the parties must be delivered to the same office of the Revenue Agency where the main lease was registered. The deadline by which to submit the application is 30 days, in order to avoid the payment of tax on the part of the fee no longer collected. However, due to the lockdown, the possibility of sending the documentation by e-mail, even uncertified, or waiting for the reopening of the offices was temporarily allowed, thus bypassing the 30-day deadline. Circular number 8, issued by the Revenue Agency In accordance with the Decree Cura Italia, provides, due to The Corona virus, the slippage of the tax terms due by May, mentioning among them the records of the acts.

The owner's tax return

As mentioned before, the benefit of reducing the rent applies to both ordinary properties and landlords who have chosen the dry coupon. Of course, the effects of this decrease will be seen in fiscal 2021, but attention must be paid already in the declaration to be submitted in 2020 and related to 2019. In fact, with the 730 model, not only do you pay taxes for the fiscal year indicated (2019) but you pay down payments for the current year (2020). The latter are obviously calculated based on the amount of the annual fee recorded. It will therefore be necessary to recalculate the 2020 downs based on the reduction made. If, for various reasons, the owner forgets to recalculate, the excess paid will not be discounted in the next fiscal year.

To conclude, we stress that a judgment of the Supreme Court has ruled that the reduction of the fee does not change any other aspect of the contract, including the expiry date.

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