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The free loan of property in Italy

The free loan of property in Italy

A new interesting column of the Idealista portal proposes to explain some issues related to the home in a simple and effective way.

Below is their article, written by the notary Valentina Rubertelli.

Is it possible to live in a house for free, without having to pay a fee or the mortgage payment? Yes, thanks to the free use of a property.

“The loan for use is a contract with mandatory effects, with which a subject, the owner of the property, grants another subject, the borrower, the enjoyment of the property. It may be a house, but it can be treated also of a shop and any other building. The main feature is free “.

 

Difference between loan, lease and sale

But what is the main difference between a loan, a lease or a property? “Unlike renting – there is no payment of any rent”, while the main difference compared to the sale, “is the classic difference that exists between a mandatory contract and a translation contract. In other words, in the mandatory contract, as in the lease , the owner does not lose the ownership of the property, but only the enjoyment. While in the contract of sale the ownership of the property is transferred “.

Contract of written or verbal loan

“Although the loan contract has an object a real estate is also possible the stipulation in verbal form, but the law provides for the alternative of the written form. The notarial form is not required because it is not a contract that is subject to advertising in the registers notary. ”

“Once the loan agreement has been drawn up in writing, you will have to submit it to registration, with the payment of the fixed registration tax and the stamp duty. It is not known exactly who is required to pay the taxes, yes he assumes that he is the borrower but nothing prevents us from reaching a different agreement “.

Facilitation of the loan for use

“From 2016 onwards there is a facility for those who grant a loan for use in their own home in favor of children and descendants in a straight line. In this case the legislator has provided a discount in the payment of Imu and the Tasi for the houses granted on loan for use, to benefit from the facilitation it is necessary that the loan contract has been legally registered.

The registration of a loan for use contract (see contract facsimile) of a building can be made at any office of the Revenue Agency and not necessarily at the office of your tax domicile.
Upon presentation of the request for registration of the deed by the tax payer, the office returns stamped and signed a copy of the registered deeds.

You can find more information at the link Agenzia delle Entrate – Comodato d’uso gratuito

For any information about the process of buying a house in Italy, write to me at info@ortalloggi.com,I will be happy to answer your questions.

Alice  – www.ortalloggi.com

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