The consequences of the new law on tourist rentals (D.L. 50/2017) are still far from clear…but help is at hand.
One of the many problems of operating in this field has been the lack of guidance as to what makes an activity a business (which requires registration for IVA) and what counts as a non-business activity. In the absence of clear legislation on the point, professionals and clients have been left making a “best guess” at what a non-business rental might look like. This has included consideration of various factors such as overall turnover, number of guests, length of season, services offered, method of marketing etc. In the past a definitive finding has only emerged when the Agenzia has investigated and reached its own conclusions – a little late for those hoping for clarity beforehand.
Now, we are told, the cavalry is on its way.
It comes (or will come) in the form of a ministerial regulation to be issued by 19th September 2017. We are told the regulation will set out the criteria on the basis of which a tourist rental activity would be presumed to be exercised as a business. With the hope, of course, that by avoiding these criteria, the rest of us can sleep more easily, secure in the knowledge that the rental activity we run does not require registration for IVA.
We await the publication of the regulation and will report back.