The fee
It must be approved by the owners' meeting at the time of appointment, otherwise the appointment itself is void.
Property · Condominium
A condominium (the owners' association of a building) earns no income, yet it has a codice fiscale (Italian tax code), withholds tax, issues certificates and files returns. It is a sostituto d'imposta (withholding agent) in every respect, and the administrator answers for it.
A condominium has its own codice fiscale and, although it has no legal personality or income of its own, it must withhold tax on the fees it pays.
| Payment | Withholding |
|---|---|
| Fees to professionals: administrator, technicians, lawyers | Yes, at the ordinary rate for self-employed work |
| Payments to businesses under contracts for works and services | Yes, at the specific rate set for condominiums |
| Wages to employees: caretaker, cleaning staff | Yes, with the withholding for employment income |
| Supplies of goods without installation | No |
| Utilities and public services | No |
| Occasional fees | Yes, under the ordinary rules |
The obligations are those of any withholding agent, with a few particular features on deadlines.
With an F24 (the Italian tax payment form) by the monthly deadline, unless the condominium uses the option to defer payment until a threshold is reached.
To be issued to the recipients and sent to the Agenzia delle Entrate (the Italian Revenue Agency). See Certificazione Unica.
The annual summary of tax withheld and paid over. See Form 770.
The annual submission of data on work on common parts that gives the right to a tax deduction.
When the condominium carries out work that gives the right to a tax deduction, the administrator plays a central role in the paperwork on behalf of the individual owners.
A wrong transfer cannot be corrected.
With a caretaker or a cleaner, the condominium becomes an employer, with all the obligations that follow.
For the condominium, the administrator is a professional who issues invoices and has tax withheld. But they also have obligations of their own that interlock with those of the condominium.
It must be approved by the owners' meeting at the time of appointment, otherwise the appointment itself is void.
Issued with withholding tax and sent through the Sistema di Interscambio (the Italian e-invoicing exchange system).
Carrying on administration as a regular activity requires a partita IVA (Italian VAT number). See opening a VAT number.
They must be drawn up on both a cash and an accruals basis, with the accounting register and the financial summary.
Missed tax obligations lead to penalties that fall on the administrator, not on the owners.
Professional liability cover is advisable, and sometimes required by the owners' meeting.
They recur, and almost all stem from the belief that a condominium, since it earns no income, has few tax obligations.
Not a return for its own income, because the condominium earns none: expenses and any income are allocated to the owners.
It must, however, file Form 770 as a withholding agent, summarising the tax withheld and paid over, and send the Certificazione Unica to the recipients.
Yes. This is peculiar to condominiums: on payments under contracts for works and services, tax is withheld even from businesses and companies, which in other dealings would have nothing withheld.
Simple supplies of goods without installation are excluded. The distinction is made by looking at the main service provided for in the contract.
The deduction applies to the amount actually paid in the year, not the share allocated by ownership shares. Whoever has not paid does not deduct.
The administrator certifies to each owner the sums actually paid. If the owner pays in a later year, they will deduct in that year, under the rules in force when payment is made.
It depends on whether the activity is habitual. A one-off, occasional appointment may fall under occasional work; an ongoing activity requires a partita IVA.
Administering a condominium is by its nature an ongoing appointment, lasting at least a year and renewed: in practice a partita IVA is almost always needed.
Withholding, certificates, reporting: these obligations have fixed deadlines and carry personal liability. Better to set them up properly.