Bare ownership and First Home benefits: the line between title and possession

1. The facts

   According to reports from publications such as Fisco Oggi and Il Sole 24 Ore, the case stems from a taxpayer's appeal against a tax assessment notice. The tax administration had revoked the First Home benefits (2 percent registration tax) because the buyer already held bare ownership of another property in the same municipality.

   The Revenue Agency argued that the law precluded the benefit for anyone holding real rights over dwellings in the same municipal territory. Following a favorable outcome for the taxpayer in the second instance at the Tax Justice Court, the matter reached the Supreme Court, where the orientation favoring the compatibility between the two legal statuses was consolidated.

2. 

   The legal framework

   The regulatory framework is governed by Presidential Decree April 26, 1986, no. 131, specifically Note II-bis to Article 1 of the Tariff, Part I. Item b) of the note requires the buyer to declare that they are not the exclusive holder of ownership, usufruct, use, or housing rights on another home in the Municipality.

   Significantly, bare ownership is not mentioned in this paragraph. Item c), however, prohibits a discounted purchase if one already holds rights on properties purchased with the same benefits nationwide. Violation results in the recovery of the tax difference from 2 percent to 9 percent, plus a 30 percent penalty and interest.

3. What case law says

   Supreme Court case law has clarified that a bare owner is in a state of legal and material unavailability of the property, as the right of enjoyment belongs entirely to the usufructuary. Therefore, bare ownership is not suitable to satisfy the housing need that the benefit rule intends to protect.

   The judges emphasized that the omission of bare ownership in item b) of Note II-bis is not a gap but a precise legislative choice: if the property was not previously purchased with bonuses, bare ownership alone does not prevent a new discounted purchase in the same Municipality.

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8. What it teaches professionals

   1. During the deed stage, it is essential to verify if the pre-existing bare ownership was purchased with benefits.
   2. It is advisable to include a specific clause in the deed acknowledging the holding of bare ownership only.
   3. In the event of an audit, the defense must focus on the literal distinction between points b) and c) of Note II-bis.
   4. Always monitor the status of the life tenant: the merging of usufruct with bare ownership before the deed would radically change the tax framework.

References: D.P.R. 26 aprile 1986, n. 131 (Testo Unico Imposta di Registro)Nota II-bis, Articolo 1, Tariffa Parte I, allegata al D.P.R. 131/1986Giurisprudenza di legittimità sulla compatibilità tra nuda proprietà e agevolazioni prima casa

Editorial oversight: Avv. Federico Papa·ICAMUpdated 10 June 2026Content drafted with AI support and subject to editorial source checks. Despite these controls, inaccuracies may remain: reports and rectification requests are welcome. Report a correction