IMU Exemption and Cadastral Classification: Commentary on Ordinance No. 9364 of 2024

With Ordinance No. 9364 of April 8, 2024, the Court of Cassation addressed a crucial issue for many taxpayers: the question of IMU exemption in relation to the cadastral classification of properties. This ruling provides insights into the importance of proper classification and the obligations of the taxpayer. Below, we examine the details of the ruling and its implications.

Context of the Ruling

The dispute involved C. (L.) and I. (G. F.), with the Court deciding on an appeal regarding IMU exemption for a property classified as studio use (category A/10) but used as a residence. The Court established that, to benefit from the IMU exemption, it is necessary for the property to have a cadastral classification that reflects its actual intended use.

Summary of the Ruling

Relevance of objective cadastral classification - Non-compliant use - Exclusion - Burden on the taxpayer for cadastral variation. In terms of IMU exemption, the recognition of the tax benefit provided for the principal residence requires the corresponding objective cadastral classification; therefore, if the property is registered as studio use with the related category (A/10), it is subject to the tax even if it is in fact used as a residence, as it is the burden of the taxpayer requesting the exemption to contest the classification act for the different intended use.

This summary highlights how the objective cadastral classification of a property is fundamental in determining the right to IMU exemption. In other words, it is not sufficient to use a property as a residence to enjoy the tax exemption: it is necessary for the property to be classified as a principal residence. If the taxpayer wishes to obtain the exemption, they must contest the classification act if the property is registered in a different category.

Implications for Taxpayers

The implications of this ruling are manifold:

  • Obligation to verify cadastral classification: Taxpayers must be aware of the cadastral category of their property and ensure that it corresponds to the actual use.
  • Burden of proof: It is the taxpayer's responsibility to demonstrate that the property has been incorrectly classified in order to benefit from the IMU exemption.
  • Possible penalties: Non-compliance with the cadastral classification may lead to penalties and an increase in tax pressure.

In a complex regulatory context, it is essential for taxpayers to be informed of their rights and obligations. The ruling in question serves as an important guide to understanding how cadastral classification affects tax benefits, particularly regarding IMU.

Conclusions

In conclusion, Ordinance No. 9364 of 2024 reiterates the importance of proper cadastral classification of properties for IMU exemption purposes. Taxpayers must pay attention to these aspects and, if necessary, take timely action to modify the cadastral classification of their property. Only in this way can they avoid penalties and ensure the recognition of their tax rights. It is therefore advisable to consult industry experts for appropriate advice.

Bianucci Law Firm