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Property Sales/Rental Advice Forum for advice about property sales or rentals in Italy - recommendations and comments.

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  #51 (permalink)  
Old 15-03-07, 09:20 PM
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When I was offered the translator service I assume the translator would produce the doc in writing / type but apparently not. I will get an official translator
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  #52 (permalink)  
Old 15-03-07, 10:12 PM
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rach

i think the point of the forums is that people can without being identified ask what they want and get a sample of replies.... and then balance things out...

there are sure ways and not so sure of doing things... i know people that have used the sure way... proffesional italian/anglo lawyers and to put it mildly it has not been worth it... i also know people that have done everything in the wrong way and it has all worked out fine...

maybe thats why there are so many differing views here... because nothing seems to be that simple and for sure not sure
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  #53 (permalink)  
Old 16-03-07, 08:00 AM
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It looks to me as though what we've got here is something many, many English people buying houses in Italy have been through themselves - you're about to have to hand over your money, you're worried that you may be making some ghastly mistake, the more you think about it the more reasons you discover for your worries (you find some mistakes in unofficial translations, little bits not on the bill, etc), you reflect that you don't know the people you're dealing with, they aren't dealing with it quite as you think it would be dealt with in England, etc. But it all stems from that panic you get at the very last moment, rooted in the fact that you're handing over - irrevocably - a considerable sum of money to people you don't know, and whose language, law and ways are all foreign to you, which is all very understandable. For what it's worth, my advice is:

1. Trust the notaio (he isn't working for "them", he's working for the state; he'll almost certainly be so rich that he wouldn't deign to work for "them"; and in any case you haven't got much practical option but to trust him). Ask him anything you want.

2. Don't employ a "solicitor" - as well as meaning more expense, it'll just be one more person to have doubts about !

3. Don't start creating any more complications than necessary. These things almost always go quite smoothly.

4. Accept (as the notaio will) that people here do try to evade a bit of tax. So long as it's not an enormous amount it won't be a problem.

5. When signing anything, if possible take somebody with you that you do trust (e.g. a friend or a relative), to explain everything and to reassure you, and so that you aren't alone.

6. Calm down.

S

Last edited by Sancho the Fat; 16-03-07 at 08:02 AM..
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  #54 (permalink)  
Old 16-03-07, 10:07 AM
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Sanch,

What a sensible contribution - I couldn't agree more!
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Old 16-03-07, 11:45 AM
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Yes thank you, I am staying off the espresso too - my italian friend set me off yesterday by saying I needed this and that - all at the last minute - so I blame all my last minute worries on him hA! And what with my flight times being changed by airline so I wont' arrive there until the last minute I started thinking may be this is not meant to be. I am getting sight of doc before I attend so I have an idea - I am a trusting person and trust the Notaio, I am swotting up on my italian legal terminology prontissimo
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Old 16-03-07, 11:58 AM
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Quote:
Originally Posted by Robert View Post
MM
Could I ask you a few questions please-
1.What is the procedure for calculating ICI and income tax on a new house? Does someone come round from the comune and assess the cadastral value like a council tax assessment in the uk and is this as soon as the certifica di abilita is issued?
2.What document do I then get and can I appeal or if I can is it worth it?
3.When do the taxes start to be payable
4.when must they be paid by
5.presumably the taxes are split equally between the owners?
6.where does that leave rifiuti tax

Many thanks
Robert
Sorry I did not pick this up earlier.

1. Both ICI and income tax calculations derive from the same basic data; the cadastral income. Your house will have had this income attached to it when you bought the house so look at the deeds. If you had the house restored then you will have paid for an accadestamento and this will have updated the cadastral position. Note finally that cadastral values are being revised upwards at the moment. You should have received a request to confirm the fogli and parcelli fo your house and land.

2. See above

3. ICI is payable as soon as you own the house. IRPEF is now payable in 2007. The first payment on account will be due in June and the next in November. Also for 2007 you must show on the income tax return the ICI you paid, and by 2008 the income tax return will be used to declare and pay both ICI and IRPEF so it will be obvious who has not been paying the income tax on their houses.

4.See above

5. Yes but this means one return per person per annum.

6. Is a seperate matter; speak with the Comune.

Hope that helps.
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  #57 (permalink)  
Old 16-03-07, 05:23 PM
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Quote:
Originally Posted by Mary Ryan View Post
Can the translator still swear and sign the docs are true translation if I pay the translator in cash just in case I don't have enough funds in bank to get a cheque or does translation also have to be vat invoiced? Is it law for me to have a translator as I only speak at an intemediate level but am swotting up on the commercial / legal area. I understand I will be receiving a VAT invoice from agent and declaring my full price.
The only relevant point here is that, as I remember, the Notaio won't let you sign the deeds (the Italian version being either the only one with any force under Italian law, or the one that is authoritative should there turn out to be any conflict between that and any eventual English version) unless he is satisfied that you fully understand what you are signing. Hence the need in many foreigners' cases for an interpreter.

...
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  #58 (permalink)  
Old 16-03-07, 05:33 PM
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Quote:
Originally Posted by Sancho the Fat View Post
The only relevant point here is that, as I remember, the Notaio won't let you sign the deeds (the Italian version being either the only one with any force under Italian law, or the one that is authoritative should there turn out to be any conflict between that and any eventual English version) unless he is satisfied that you fully understand what you are signing. Hence the need in many foreigners' cases for an interpreter.

...
That is correct Mary, the payment to your translator has no relevance here as said payment does not have to be written in the deed. It doesn't matter how you pay your translator or even if you pay him or her at all: he or she can still swear the translation is faithful to the original and sign the document.

Theoretically the translator should invoice you also and add VAT, that is the case whether you pay cash or cheque regardless.
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  #59 (permalink)  
Old 17-03-07, 01:14 PM
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May I add a rather different angle to this.

How pedantic, meticulous and how many specialists you get involved with your transaction has alot to do with your attitude to risk.

I am no gambler but am not averse to risk.

Generally property transactions could be described as relatively low risk

HOWEVER I do not own a hundred properties therefore a property transaction would be a big deal to me so almost any level of risk is unacceptable

I thought I would point this out since residential property is an emotive purchase and this fact is ignored not least by the 'so called' experts (anyone who knows 'International Living' will know what I mean)
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