avvocati, dottori commercialisti e revisori legali 1 incentives 2011 – tax advantages in energy...

Avvocati, Dottori Commercialisti e Revisori Legali

1

Incentives 2011 – tax advantages in energy

efficiency and

Energy efficiency and Photovoltaic incentives

Padua 2° march 2011

Photovoltaic


2

Building works for energy efficiency –tax advantages (agevolazioni fiscali) of 55 %

• Budget Law 2007 introduced tax advantages for works on buildings which increase the energy efficiency of buildings already constructed

• Types of works suitable

Energetic Requalification of existing buildings (riqualificazione energetica di edifici esistenti)

Interventions to improve insulation of existing building (pavements, roofs, walls, windows)(interventi su edifici esistente, pareti, finestre + infissi)

Installation of Solar Cells for preparation of hot water (pannelli solari)

Substitution of heating system (sostituzione di impianti per climatizzazione invernale)


3

Building works for energy efficiency –tax advantages of 55 %

• Up to 55 % of the cost can be deducted from taxes in 10 yearly installments• Only for works on existing buildings (not for new construcions)• Private persons, enterprises and public authorities (even if not resident)• The building has to be used by the applicant (not if rent)• No cumulation with other tax advantages for the same interventions allowed

Type of works Maximum admittedEnergetic Requalification of existing buildings (riqualificazione energetica di edifici esistenti)

100,000 Euro (55 % of 181,818.18 Euro)

Interventions to improve insulation of the building (interventi su edifici esistente, pareti, finestre + infissi)

60,000 Euro (55 % of 109,090.90 Euro)

Installation of Solar Cells for preparation of hot water (pannelli solari)

60,000 Euro (55 % of 109,090.90 Euro)

Substitution of heating system (sostituzione di impianti per climatizzazione invernale)

30,000 Euro (55 % of 54,545.45 Euro)


4

1° type: Energetic requalification of existing buildings

• Each kind of works which ensures that the energy index will decrease of 20 % of values in schedule (see annex C of decree from 19 february 2007, amended by decree from 11 march 2008)

• Appicable even if requirements for other types of tax advantages are not fulfilled (ex. substitution of heating system by other system than condensing heater “impianti dotati di caldaie a condensazione”, high efficiency heat pump “pompe di calore ad alta efficienza”, or geothermic plant of low enthalpy “impianti geotermici a bassa entalpia”)


5

2° type: Interventions to improve insulation of the building

• Every kind of works on roofs, pavements, walls, windows (and frames) and on entrance doors, which ensures that the value “U” [W/m²K] (for heat loss) indicated in schedule (see annex D of decree from 19 february 2007, amended by decree from 11 march 2008) will be respected

• No energy certification “attestato di certificazione energetica” required for the whole building


6

3° type: Installation of Solar Cells for preparation of hot water

• Installation of Solar Cells for preparation of hot water for domestic or industrial use, included swimming pools, sport structures, medical institutions, schools and universities

• Requirements Minimum period of warranty (five years for Solar Cells and two years for

accessories) Solar Cells have to match UNI EN 12975 or UNI EN 12976; certification has

to be provided by an organism of a member state of UE or Switzerland

• No energy certification “attestato di certificazione energetica” required


7

4° type: Substitution of heating system

• Only if existing heating system will be substituted integrally or partially by condensing heaters “impianti dotati di caldaie a condensazione” high efficiency heat pumps “pompe di calore ad alta efficienza” geotermic plants of low enthalpy “impianti geotermici a bassa

entalpia”• Only if substitution: tax advantages are not granted if the condensing

heater, heat pump or geothermic plant will be installed in buildings which were not provided with heating systems before

• Remind that, if substituion by other than the above mentioned facilities will occur, the tax advantages of 1° type (Energetic requalification of existing buildings) may be applicable, if criterias are met


8


• Documents to be provided by technicians Attestation “asseverazione”, which confirms that the works comply with

technical requirements requested Energetic certification “attestato di certificazione (o qualificazione)

energetica”, in conformity with sample provided by law Information schedule “scheda informativa relativa agli interventi realizzati”,

in conformity with sample provided by law

• Documents have to be provided by technicians authorized for planning of buildings and plants (engineers, architects, surveyors “geometri”, …)

• No communication to tax authority prior to the beginning of works is required


9


• Documents to be provided by applicant Energetic certification “attestato di certificazione (o qualificazione)

energetica”, issued by technician Information schedule “scheda informativa relativa agli interventi realizzati”,

issued by tecnician

(both to be sent within 90 days from end of works “fine lavori” to “Enea”, on website www.acs.enea.it) Communication to tax authority “comunicazione all’agenzia delle entrate”

(standard form provided by law), to be sent via the Enea-website, within 90 days from ending of tax assessment period

• Type of payment If not enterprise or company:

by wire or postal transfer (Bank or Post Office have to retain 10 % of payment as down payment for taxes due by the enterprise which carried out the works)


10


• Documents to be kept by the applicant Energetic certification “asseverazione”, issued by technician Proof of trasmitting of documents to Enea “ricevuta di invio tramite internet

o ricevuta della raccomandata postale all’Enea” Invoices “fatture o ricevute fiscali” (costs of workmanship have to be

indicated separated in bill) Proof of bank or postal transfer “ricevuta del bonifico” (if not enterprise or

company)


11

Photovoltaic Incentives

• The Conto Energia III - D.M. 06.08.2010 General Provisions Photovoltaic plants (cap of 3 GW – term of 14 months) Integrated PV-plants with innovative characteristics “impianti integrati con

caratteristiche innovative” (cap of 300 MW) Concentrator PV-plants “impianti a concentrazione” (cap of 200 MW)

• Owner of the planta) Companies and enterprisesb) Public entitiesc) Private personsd) Co-owners of buildings “condomini”(if Concentrator PV-plant only a) and b))


12


Decrease of 6 % in 2012 and 2013

General schedule of f.i.t. for PV-plants

Power

Rate

Start-up of plant inperiod from31.12.2010 to 30.04.2011



PV-plantsonbuildings

OtherPV-plants


OtherPV-plants

OtherPV-plants



13


• Third tariff (=arithmetic average of f.i.t. for other PV-plants) for plants on greenhouses, noise protection “barriere acustiche”, porch roofs “tettoie”

• Increasment for PV-plants in industrial areas, stone pits, waste disposal sites (5 %), does not

apply for roof top plants!) Removal of asbestos and cement asbestos “amianto” (10 %) Municipalities with less than 5.000 inhabitants, if PV-plants realized on

buildings and responsible is municipality (5 %) Systems with input that can be planned (+20%) Premio higher tariff for plants on buildings with increased energy efficiency

(up to 30%)

• Payment granted for 20 years (no inflationary adjustment)• In addition to consideration for selling energy• Application to be sent within 90 days from start-up of the PV-plant


14


• For 2011 – decrease of 2% in 2012 and 2013• Payment granted for 20 years (no inflationary adjustment)• In addition to consideration for selling energy

Integrated PV-plants with innovative characteristics“Impianti integrati con caratteristiche innovative”

Power Rate


15


• Only for companies and enterprises and Public entities (not for Private persons and Co-owners of buildings)

• From 1 kW to 5 MW• For 2011 – decrease of 2% in 2012 and 2013 (with cap of 200 MW)• Payment granted for 20 years (no inflationary adjustment)• In addition to consideration for selling energy

Concentrator PV-plants “Impianti a concentrazione”

Power Rate


Avv./RAin Svenja Bartels, Partner - Padua

Activity Areas: M&A, Energy Law, Company and Commercial, Property Law, legal aspects with regard to renewable energy and project management.

Formation and professional background: Svenja Bartels studied Law at the Universities of Bonn, in Swiss and attended the Univeristy of Administrative Sciences Speyer until 1999. She is member of the Düsseldorf and Milan Bar from 2002.

After practising for some years in Milan, she has been cooperating with the lawyer‘s office Rödl & Partner in Padua since 2005. She has developed wide experience in advising foreign companies, in particular German and Italian companies. She has assisted a huge number of German and international clients in the field of projekt developement, transaction and takeover of commercial properties. She primarily advises companies which operate in the field of renewable energy.

Speaker in many conferences concerning renewable energy.

Languages: German, English, Italian, French.

Svenja Bartels

Avvocato / Rechtsanwältin

E-Mail: [email protected]

Rödl & Partner Padua

Via Francesco Rismondo 2/E

35131 Padua

Tel.: +39 (049) 80 46 911

Fax: +39 (049) 80 46 920

Contacts


17

Largo G. Donegani, 2 Via E. Rismondo, 2/E Piazza di Santa Anastasia, 7 Piazza Walther-von-der-Vogelweide, 8 20121 Milano 35131 Padova 00186 Roma 39100 BolzanoTel.: +39-02-6328841 Tel.: +39-049-8046911 Tel.: +39-06-96701270 Tel.: +39-0471-1943200Fax: +39-02-63288420 Fax: +39-049-8046920 Fax: +39-06-3223394 Fax: [email protected] [email protected] [email protected] [email protected]

www.roedl.com/it

As a worldwide firm providing legal advice, tax consultancy and auditing, Rödl & Partner is at the service of the market’s leading companies. Our success is defined through our clients’ success.

The success story of Rödl & Partner began in 1977 with the firm’s incorporation in Nuremberg, Germany. Carefully-planned and outstanding growth led to more branch offices in Germany, as well as Central and Eastern Europe and Asia, followed

by the development of key locations in Western and Northern Europe, the US and Latin America.Our strategy is as simple as it is successful: Rödl & Partner provides local services in locations where clients see a potential

for their economic engagement.Today, Rödl & Partner has offices in approximately 80 locations in 40 countries and our colleagues worldwide focus on one

aim: to expand our clients’ success.Our activities focus on you and your business. We examine your business in all of its different facets as well as from various angles and perspectives. With the combination of integrated, long-term invested economic, fiscal and legal

strategies, we promise maximum prospects for development and success.

About Rödl & Partner

avvocati, dottori commercialisti e revisori legali 1 incentives 2011 – tax advantages in energy...

Documents

building works

energy efficiency of

building slide

types of tax advantages

existing heating system

euro interventions

tax authority

beginning of works