News (5)

Hi again,

Ready for a little talk about purchase taxes? GOOD!

I try to keep this brief and accurate but this is no substitute for ad hoc advise that asks for specific data varying from property to property. I remain at your service for any further questions and let’s get the basics right!

When the specific details of any real estate and its end use for buyers are known, calculations are accurate and you do not meet unexpected costs since specific property details form the base of any calculations for taxes on real estate over here, and these are

  • the assessed cadastral value (rendita catatsale) of the edifices,
  • the end use of the property for the buyers (uso ultimo della proprieta’)

So, you are thinking about buying in Italy, have done some research, possibly already initiated with viewings and from the notes above and my article of 11th June,  https://www.welchome.net/roadmap/ you understand why certain questions are always asked and wish to get a clearer idea of relevant costs hence taxes which are a good part of these costs.

I concentrate on two main scenarios here and look forward to getting your questions since it will make this a conversation which is frankly more interesting to me too!

Besides it helps me help you.

  1. On the first envisaged scenario, you are second home buyers (ie keeping your residence elsewhere), wishing to buy (a casale and possibly some land but the same applies to apartments of course) from a private owner (companies and all that asks for different evaluations on vat which I do not tackle here).

Since 2005, as per the provisions of Article 1 paragraph 497 of Law n, 266 of 23rd December 2005 http://www.camera.it/parlam/leggi/05266l.htm and art. 52 paragraphs 4 and 5 of Decree of the President of the (Italian) Republic (DPR) n. 131 of 1986 https://www.tuttocamere.it/files/camcom/1986_131.pdf, buyers that buy privately, ie not form companies!, upon request to notary which is included in the notarized deed of sale/purchase, pay taxes on ‘prezzo valore’ ie a reduced amount of taxes and here’s why!

Purchase taxes on second homes (dwellings where you do not reside) equal 9%.

When buying privately you pay that 9% on ‘prezzo valore’ NOT on the full price you pay to the seller and this is a great incentive! See why by having a look at this example.

‘PREZZ VALORE’ results from a 6% increase of the assessed cadastral value of the edifice (s) (rendite catastali remember?) which gets multiplied by 120. This total is the base for calculating purchase taxes on houses (in fact on edifices for habitation and main garage and annex) and yards.

By a way of example: on a cadastral assessed value of 1,000 euros, that gets multiplied by 126 (so as to have the 6% increase we need and the 120 fixed index on second homes) the resulting taxes will be {(126,000/100)*9} = 11,340 euros where the purchase price you will pay may be much higher, ie , 250,000, 300,000, 400,000 it is totally irrelevant as for this part of costs. What counts here is the cadastral assessed value (rendite catastali) of the edifices and the older the edifice the lower the cadastral assessed values!

you see how helpful this 2005’s law on prezzo valore is also in doing away with the illegal habit of making false declarations re sale/purchase prices when taxes where calculated on the full sale/purchase price of any property.

  1. On the second envisaged scenario things from remarkably good to excellent as for taxes! In this scenario you are first home buyers (ie intend taking up residence at the house you buy within 18 months and make a statement re this that stays on record) buying privately. Vat in this scenario is reduced too but as with vats you pay them on the full price.

Purchase taxes on first homes (ie main residences) equal 2% of prezzo valore!!! And indexes are slightly lower from the one sin the previous scenario since they stand, to cut the long story short, at 115.5 (vs 126)

If we go back to our little example under i) for comparison, on a cadastral assessed value of 1,000 euros, that gets in this scenario multiplied by 115.5, the amount on which you pay 2% purchase tax is 115,500!

Hence taxes would equal 2,310 euros!!!

IT IS NOT TOO GOOD TO BE TRUE and for once Italian laws on taxes help buyers!.

The final amount of taxes will inevitably include stamp duties but these add up to, normally, to few hundred euros! When land is involved and you are NOT a farmer in Italy! you pay 15% of the price but normally prices range from 5,000 eur /10,000 sqm ie an hectare to 30k or 40k for hectare of farmland with pipelines for water…. Vineyards and so on can cost a lot in wine producing farms but this is a niche of a niche!

Feel free to send me your questions or indicate topics that are of interest to you and I will get back to you directly or through the news section in my web..

My next article that goes on line on 11th October, will deal with additional info on taxes, when they are paid, to whom, how, how much notaries charge so that the picture becomes complete!

Hopefully you are still awake and ready to fire questions which I will be happy to answer. 😊

The right time for your Italian project is now and look forward to talking to you.

Ciao.

Linda Cesari

Real Estate Agents! Who needs them?

Ciao, come state?

our journey in the exciting realm of real estate agents and what to expect from them vs what they expect by law now focuses on the Italian Civil Code for the basic Articles that, along with common practice, are the backbones of this profession and advice in real estate.

The main articles for reference are Artt. 1754 to 1759, that I include in their original in Italian as are. The English is mine and is offered as is. All the information, suggestions and indications that you get through any of my articles including this one, are no substitutes for professional ad hoc advice which you will seek specifically on specific scenarios and feel free to ask.

Once again and as usual, any question that comes to mind or curiosity in real estate and the like is welcome!

I reply in the shortest possible time and when issues are relevant to understanding general problems in this sector they become the object of future articles.

You can send any question to info@welchome.net also through the contacts area in my website

https://www.welchome.net/contacts/

As for the main Italian Civil Code Articles on agents, their role and tasks here we go

  • Art. 1754 Mediatore/ (Italian) Real Estate Agent

È mediatore colui che mette in relazione due o più parti per la conclusione di un affare, senza essere legato ad alcuna di esse da rapporti di collaborazione, di dipendenza o di rappresentanza.

Italian real estate agents or agents from now on agents (mediatori is the exact word that is hardly ever used for being commonly substituted by agenti immobiliari) are so by definition at putting in contact two or more parties to reach a deal and are not linked to any of the parties by any relation that entails cooperation, subordinate work or representation.

  • Art. 1755 Provvigione/ Agents’ fee

Il mediatore ha diritto alla provvigione da ciascuna delle parti, se l’affare è concluso per effetto del suo intervento.

Agents have a right to getting paid a fee by both parties, when the deal is reached through the agents’ factual presence.

La misura della provvigione e la proporzione in cui questa deve gravare su ciascuna delle parti, in mancanza di patto, di tariffe professionali o di usi, sono determinate dal giudice secondo equità.

The fee amount and its percentage for each party, when it is not agreed, nor are there any indications from the professional category or common practice that serve for reference, are established by a judge equitably.

  • Art. 1756 Rimborso delle spese/ on Refunds

Salvo patti o usi contrari, il mediatore ha diritto al rimborso delle spese nei confronti della persona per incarico della quale sono state eseguite anche se l’affare non è stato concluso.

Unless otherwise agreed and/or should common practice exclude the fact, agents have a right to seeing their costs refunded by the person or people that have summoned them, even when the deal is not reached.

  • Art. 1757 Provvigione nei contratti condizionali o invalidi / Fee on contracts subject to conditions or invalid

Se il contratto è sottoposto a condizione sospensiva, il diritto alla provvigione sorge nel momento in cui si verifica la condizione.

If the contact is subject to a condition precedent, the right (for the agent) to be paid the fee emerges at the condition being fulfilled.

Se il contratto è sottoposto a condizione risolutiva, il diritto alla provvigione non viene meno col verificarsi della condizione.

If the contract is subject to a termination event clause, the right (for the agent) to be paid the fee remains even if the termination event takes place.

La disposizione del comma precedente si applica anche quando il contratto è annullabile o rescindibile, se il mediatore non conosceva la causa d’invalidità.

The provisions of the clause above apply also to those contracts that are voidable or subject to cancellation, IF the agent was not aware of the causes that would lead to invalidating them.

  • Art. 1758 Pluralità di mediatori/ Multiple agents

Se l’affare è concluso per l’intervento di più mediatori, ciascuno di essi ha diritto a una quota della provvigione.

Should the deal be reached through the acts of more than one agent, each agent has a right to get a quota of the fee.

  • Art. 1759 Responsabilità del mediatore/ Agents’responsibilities

Il mediatore deve comunicare alle parti le circostanze a lui note, relative alla valutazione e alla sicurezza dell’affare, che possono influire sulla conclusione di esso.

Agents must disclose to the parties any fact and information that may influence the deal conclusion, that they are aware of and that are relevant for the evaluation and to the safety of the deal itself.

Il mediatore risponde dell’autenticità della sottoscrizione delle scritture e dell’ultima girata dei titoli trasmessi per il suo tramite.

Agents are responsible (for the law) for the authenticity of signatures on documents and for the latest endorsement on securities released through them.

As for fees and common practice!

I charge a 3% fee (+vat) on the sale/purchase price and this is the percentage each party pays when the conditions briefly covered by the above articles apply. This is what is normally charged by the vast majority of agents and also by common practice but do always check with your agent and be aware that with certain deals, when prices stand at or under 125k eur, there are minimums that apply or may apply and do always check on this too.

Refunds are excluded unless specifically agreed and you should be ready to pay for services that you get and not for the agent sharing the facts of properties nor on initial viewings and not with me.

You have read these two articles, please have a look at PART I ( https://www.welchome.net/real-estate-agents-who-needs-them/ ) too if you have not, so you now hopefully have a clearer perception of what agents are over here and what to expect from us and what we can expect from you and when and for what.

None of us is ever shy about discussing the technicalities of the service and assistance we provide so see us for what we are: the technical key to opening the door of your Italian Home in total relaxation for you.

It is also always a question of mutual trust and more so from a distance but it is true at all levels and in all sectors. I always keep my expectations high when it comes to the information I ask and get from you, I have to ask certain basic questions from the very beginning and all I ask from you is being open about the 3 facts that make the difference in my approach: your preferences, needs and budget AND your details i.e. an address for reference, a telephone number at which you can be reached, as further proof that you are seriously considering evaluating opportunities through a professional in this sector.

Selling or buying is the ideal outcome of our business relation and it always entails a good level of trust and communication. I put my professional time, skills and experience at your service in this form too and you cooperate, if you can see that it is you and me together that make things happen, through a good level of communication that helps me helping you.

Rest assured that all the sensitive information that we share is subject to a confidentiality clause as per the law. Be aware that I am your initial guarantee towards the sellers and I am your initial guarantee towards the buyers hence my being specific about few basic info.

Hope once again that this is helpful and that I get your comments and questions so that we can build on any of this or any other questions you may have. Feel free to ask you are welcome!

Have a nice day. Magnificent summer in Italy, do come to Italy, you will never regret it.

Ciao.

Linda Cesari

Real Estate Agents! Who needs them?

First things first… how agents become agents in this country..

Regulations in Europe and indeed in the world vary greatly when it comes to real estate.

Very briefly, I shall start by highlighting that Italian real estate agents, agenti di affari in mediazione or more simply agenti immobiliari or mediatori, HERE, we have to get a license to offer our services in real estate.

HENCE we are the professionals you go to for advice and assistance to selling and buying in ITALY because we specialize in real estate transactions and all that precedes and follows transferring and acquiring titles to properties for the parties and we are the only professionals that do!

  • The laws and regulations for us to become real estate agents require that we attend specializing courses which are ‘open’ to those with, at least, a diploma, and I have a degree, and a spotless criminal record, as pre-requisites!
  • For the best part of a year we train on evaluations, estimates, study taxation on real estate, laws and regulations, negotiations to reconcile opposite interests! contracts and so on.
  • A certificate is released at the end of the classes proving our having attended them and, with that in hand, we can sit for exams to get the license at passing the exams and not everybody does!
  • Once the exams part is successfully over, we get ‘the licence’ that has to go on record with the Chamber of Commerce of the province where you reside, it is Perugia’s for me, to be able to work as mediatore or agente or agente immobiliare
  • This excludes any other profession while we work as real estate agents irrespective of our being possibly trained for other professions. We cannot work as translators, accountants, barristers, land surveyors, architects and so on, we cannot exert any other profession we may be trained and licensed in NOT to lose our licenses if we wish to assist clients as real estate agents and we must keep our criminal record spotless!
  • Last but not least, all agents have to set up an insurance covering for professional risks.

OK than, but how does all this serve you i.e. why will it make a difference to have an agent by your side?

  • Over time, you will be the ones to face the problems and costs of UN-professionally handled sales/purchases! It is evident that some of your time devoted to selecting a reliable agent is time and money saved now and in the future.
  • Being aware that no one can work as a real estate agent and combine this profession with any other legally, unless renouncing the other! enables you to exclude those who illegally offer their services and for this are unaccountable!
  • Having explained that we are not amateurs in the sector should be a good starting point! We have the know how and skills to reach a good and safe deal for you which will remain good and safe over the years. This is what counts in real estate and in such an important move in your life.
  • Did you know that real estate agents services and their fees are recorded on sale/purchase contracts and that you make statements re this? If no agent is involved in a sale/purchase, you declare that you acted without the professional advice of a real estate agent and this stays on record as well. As further proof that agents are the professionals you go to for advise and help in real estate in this country.
  • As for notaries they are the officers that guarantee titles origins and transfer titles in Italy. They do not carry out any search nor evaluations on properties. They warn the parties of the consequences of false declarations in notarized contracts, get copies of building licenses and habitation certificates and plans from the owners who are responsible for providing those but NO  Notary in Italy has to check on building licenses and cadastral plans or files and what is actually on record ie no notary ever verifies that what is physically there is in line with what has been authorized!it It is not their responsibility to do so.
  • Real Estate Agents know what files to collect and check and get these well before you enter any deal. Be aware that professional agents should not and CANNOT tie you to contracts ie written agreements  you undersign, that are called preliminary contract of sale/purchase but are legally binding and with money involved anyway! without making you aware before you decide to progress of any relevant fact that may affect your decision re selling/buying or the agreed price.

PLEASE question and report of ANYONE who tries to do this! It is either not an agent or an agent, alas it happens in all professions, that is not paying tribute to what we have to do for clients also to abide by what is required of us legally.

  • We agents can and do make the difference for our clients because we have the know-how, the skills and commitment to meet our clients needs. We agents may make mistakes, we are human beings and some of us are not that smart either BUT we do have an insurance to cover for these unlikely events, as a further guarantee that our clients are safer with us.

Please note that the main Agents Associations  in Italy are F.I.M.A.A. and F.I.A.I.P so spotting the associations’ logo in an agent’s office or ad is also a further guarantee that you are in the right place/hands for professional advice…

I am with F.I.M.A.A. http://www.fimaa.it  as you can see form their logo featured on my home page.!

I stop here for today* and you have done extremely well if you have reached this end in one go. Bravi!

The subject is inevitably technical but hey, this is how to get the basics right and this will always come in handy whatever your approach to selling and buying is.

Any question that comes to mind or curiosity in real estate is welcome! You can send it to info@welchome.net also through the contacts area in this website

https://www.welchome.net/contacts/

Hopefully this is informative rather than boring, gosh boring defeats the object 😉

Ciao

Linda Cesari

*The SECOND PART of this article on Real Estate Agents, who needs them! ie the civil code on what to expect from agents and give in exchange, fees and who pays them and so on will be published next month. Stay tuned!

The road map made easy!

How are you these days?

Summer is here and weather is up to expectations here in Italy!

It is one of the best moments of the year to come over to Umbria and Italy and enjoy everything it has to offer, including smashing homes.

Whether the thought has just crossed your mind or you have been devoting time to searches already, this road map made simple will help you starting on the right path or putting you back on the right path. If you have been running around with endless lists of homes in hand and are still without your home something is going wrong. Let’s see if this helps you.

In the ocean of properties, you see on the web and there is an ocean! 3 simple answers to equally simple questions will help you surfing this ocean. You will find and get relevant info on properties while also understanding the process clearly and through me if you wish!

Viewings, for which there are NO substitutes, will be test time for the road map which when you follow it, takes you exactly where you want to be through choices that you take through refining the process while understanding it from the inside through my help if you care for advise. It hardly ever fails but you have to follow it.

Put pen to paper please for question time 😊!

Ask yourselves and find the answers that initiate this exciting journey, will you? And no worries.

  1. a) What type of property do you prefer? This can also be read which location do you prefer?
  • a family home, an apartment or a villa? Indeed the countryside or towns/villages?
  1. b) What is the end use you are thinking of?
  • Are you looking for a holiday home or a place where to move to already? Quality does not devalue over time so keep your expectations high re what you can get and should get and pay attention to details. They make the difference.
  1. c) What is your (ideal) budget?
  • The more practical question needs being answered too. It will help you with the selection, even if your trip has only just started and is still in your minds. You have to have a budget in mind, ideal or not.
  • Be aware that taxes for buying, fees or any cost related to setting up relevant documents for buying, are not included in any price you see in Italy. This is so because they depend on a) and even more so on b) hence their importance in the road map.

You save time, energy and indeed money by sharing the answers with me since I can get back with suggestions that will help you and from a distance.

You do not need support or may not need support only if you are already literate in the sector, speak Italian fluently, know the area well and, above all, are more than skilled with the handling not only of contracts but of the paperwork that needs acquiring and revising before you even think of entering anything in writing, so why not make good use of my 20-year-experience?

It is 20 years of professional home surveys, estimates, negotiations, deals and results tailored on your specific needs and through a honest and straightforward approach. It is 20 years of focusing on homes that are safe, loved and beautiful and above all on people, on you! your preferences, needs and likes.

This is what WelcHome does, this is what I do through WelcHome and keep doing and love doing with you and for you within the legal framework and guarantees that are the technical elements that make process safe now and for the future.

This road map it is our starting point and here are some of my photos at work https://www.welchome.net/contacts/

and more on me at https://www.welchome.net/about-me/

Ciao.

Linda Cesari

WelcHome di Cesari Linda, is the real estate agency for reference. Based in beautiful Città di Castello (in Northern Umbria / 45 minutes from Perugia’s airport) WelcHome specializes in assisting international clients in selling, buying and renovating inspiring Italian properties in smashing locations. I qualified as broker (agente di affari in mediazione) under Italian Law as early as 2004 hence enrolled with the Chamber of Commerce of Perugia with license number PG 242152-2005 in 2005 to set WelcHome up and here I am to advise and assist you at all levels.

Passion for beautiful real estate and locations was what made me opt for this profession after graduating in Trieste as interpreter/translator for English and Spanish and managing international contracts for a large local company until I set this Real Estate agency up. Passion is still there 20 years since I translated my first contract on building works matched by a solid experience in international negotiations, contracts as well as laws, regulations and taxation on real estate. Attention to details while remaining focused on clients’ needs are my guiding lights and this is how I make the difference.

I make the difference through WelcHome in granting qualified professional advice and service with a friendly approach. I believe in cooperation and teaming up with clients. It is you and me together that make things happen. I provide the legal framework and professional support and advise that help, guide and safeguard you.

From when you choose WelcHome for selling and buying or indeed renovating until contracts are exchanged and those for utilities and local taxes are set up, you have an integer professional broker by your side.

Through a selected network of qualified and experienced professionals all your needs are met, in total relaxation for you. The right time is now and WelcHome makes it happen, for you and with you, easily, safely and happily.

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