Acquiring a non-residential property represents a significant financial commitment, extending far beyond the initial purchase price. Potential buyers face a complex landscape of taxes and associated fees that can surface during the transaction. This article clarifies the various tax obligations involved in purchasing a property
that is not classified as a primary residence.
Prior to finalizing any property deal, it is customary to draft a preliminary contract. This document acts as a binding agreement between the buyer and seller, establishing the foundation for the eventual sale. Timely registration of this contract—within 30 days of signing—is crucial to avoid future complications.
Tax obligations related to the preliminary contract
When registering a preliminary contract, specific taxes must be taken into account. These include
a fixed registration tax of €200 and a stamp duty of €16 for every four pages or 100 lines of text. If the contract is formalized through a public deed, an additional stamp duty of €155 applies. In cases where a deposit is included, a proportional registration tax and other fees may apply depending on whether VAT is involved.
Purchasing from private individuals and companies
Acquiring property from a business entity introduces additional tax considerations, particularly regarding VAT. If the
transaction does not include VAT, the registration tax is set at 9% of the sale price, with a minimum charge of €1,000. Additionally, a fixed mortgage tax and land registry tax of €50 each must be paid.
Conversely, when the sale involves VAT, the applicable rates can range from 10% to 22%, depending on the property’s classification. Fixed taxes of €200 for registration, mortgage, and land registry will also be applicable, typically handled by the notary during registration.
Tax considerations for private transactions
When engaging in a property purchase between private owners, the tax structure mirrors that of transactions with businesses. The registration tax remains at 9%, with a minimum of €1,000, along with fixed mortgage and land registry taxes of €50 each.
Legislative framework and updates
Numerous regulations govern the taxation of non-residential property purchases, and these can evolve over time. Significant legislative references include Law Decree No. 73/2026, DPR No. 633/1972, and DPR No. 131/1986. It is essential for prospective buyers to stay informed about any legal modifications that could impact the tax amounts due.
Purchasing a property that isn’t a primary residence involves several tax and administrative considerations that buyers need to understand. Consulting with a qualified professional can ensure that all procedural steps are handled correctly, leading to a smooth acquisition process.