The professionals and the sole traders who use their house
also as place of business can deduct their "home" utilities and services
if they are purchased with their own VAT.
The deduction of the cost, and the deduction of VAT,
however, is partial.
House renting
the rental costs of the flat used promiscuously by the sole trader or the
professional are deductible at 50% if the VAT number owner has not other
properties (anywhere in the sole trader’s case and in the same town in the case
of professional) exclusively used for his business.
Any Vat tax paid for the lease can not ever be
deducted.
Utilities
The costs, now considered, beared by professionals can be deducted at 50% regardless the real square
meters used for the professional activity. The 50% limit can not be changed
even if the professional can demonstrate that the percentage of the used professional
activity house is greater than 50% (Circular 35 / E / 2012, paragraph 2.2)
The cost is not deductebleif the professional has in the
same Municipality another property exclusively used for his business (Art. 54,
par. 3 of DPR 917/82).
The costs, now considered, bearded by sole traders are not considered in the TUIR.
According to an old circular of 1975 (n. 9/50091), for
example, the warming costs of buildings used as house and also for business can
be deducted for the part concerning the buniness sphere with a proportional
allocation based in sure and objective ‘cornerstones’ (so not with a flat rate
like the percentage used by professionals).
The deduction of the VAT for the utilities now
considered does not find instead
differences between sole traders and professionals.
To fix the VAT deductible percentage we must useobjective
and consistent criteria such as the building volume; if, for example, 30% is
used for the business activity then the VAT deducteble percentage will be 30%
(circular 24/12/2007, n. 328, paragraph 3.2).
Now I have to add that in order to deduct the cost and
the VAT (actually It’s better to say a part of the cost and VAT) can not be
required thedomestic service supply with 10% VAT. The correct VAT percentage is
only the 22% because the 10% VAT percentage assumes the exclusive domestic use.
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