INTRANET
Copyright 2020 - Quorum Studio Legale e Tributario Associato - Credits

Rental agreement: registration tax is not due on the penalty clause

Provincial Tax Commission of Varese, President and Rapporteur Dr. Petrucci, Sentence no. 279/3/2020 of 29 September 2020

date: 19.10.2020
Area: Real Estate

The penalty clause included in the rental contract and linked to the contract, is not subject to independent registration tax. The invalidity or ineffectiveness of the lease contract, in fact, also affects the penalty clause contained therein, with the consequent application of article 21, paragraph 2, of Presidential Decree 131/1986 (the so-called “D.P.R.”), Consolidated Law on Registration Tax) according to which “If the provisions contained in the deed necessarily derive, by their intrinsic nature, from each other, the tax shall be applied as if the deed contained the only provision giving rise to the highest taxation” instead of the combined provisions of Articles 21, paragraph 1 and 27 of the T.U.R..

Rental agreement: registration tax is not due on the penalty clause

Provincial Tax Commission of Varese, President and Rapporteur Dr. Petrucci, Sentence no. 279/3/2020 of 29 September 2020

date: 19.10.2020
Area: Real Estate

The penalty clause included in the rental contract and linked to the contract, is not subject to independent registration tax. The invalidity or ineffectiveness of the lease contract, in fact, also affects the penalty clause contained therein, with the consequent application of article 21, paragraph 2, of Presidential Decree 131/1986 (the so-called “D.P.R.”), Consolidated Law on Registration Tax) according to which “If the provisions contained in the deed necessarily derive, by their intrinsic nature, from each other, the tax shall be applied as if the deed contained the only provision giving rise to the highest taxation” instead of the combined provisions of Articles 21, paragraph 1 and 27 of the T.U.R..