22 Feb

Acquisto con riscatto: un nuovo modo di acquistare gli immobili

casa in affitto

In un momento di difficoltà di accesso al credito, il governo già nel 2004 aveva introdotto una nuova tipologia contrattuale di compravendita di immobili, convertità in legge soltanto nel 2014 con il decreto sblocca Italia: l’acquisto con riscatto o rent to buy.

A differenza dell’affitto con riscatto, con questa nuova tipologia contrattuale il proprietario cede al conduttore un immobile in godimento, quest’ultimo si obbliga ad acquistarlo ad una data specificata nel contratto.
Si tratta di una fusione tra la locazione e la compravendita perché il canone agevolato da corrispondere per l’affitto rappresenta anche un anticipo del prezzo di vendita.
In relazione alla tipologia dell’immobile le parti possono decidere liberamente la durata del contratto e il canone previsto per la vendita. Ad ogni modo, la durata della trascrizione non deve essere superiore a 10 anni.

Alla stipula del contratto le parti hanno due alternative:

  • Fissare una clausola di trasferimento automatico della proprietà;
  • Fissare una clausola di trasferimento della proprietà con opzione di acquisto, in tal caso ai fini fiscali l’operazione sarà soggetta a tassazione solo in un momento successivo, ossia quando si esercita il diritto di opzione.

Oltre ovviamente alla possibilità di posticipare le imposte, un vantaggio del rent to buy è che la vendita non è soggetta a revocatoria fallimentare e per renderlo opponibile a terzi la trascrizione viene effettuata da un notaio.
Quindi, se il venditore fallisce l’acquirente ha diritto alla restituzione dei canoni corrisposti maggiorati di interessi. Nell’ipotesi contraria, il proprietario ha diritto alla restituzione del bene e servirsi dei canoni corrisposti come indennità.


Come calcolare l’acquisto con riscatto?

Come anticipato con il contratto di acquisto con riscatto il prezzo pattuito per l’acquisto dell’immobile resta bloccato finché il contratto viene trascritto dal notaio. In tal caso, il proprietario concede all’inquilino il diritto di esercitare l’opzione d’acquisto dell’immobile. Tale prezzo risulta essere inferiore al costo di acquisto perché verranno scomputati i canoni precedentemente pagati.
Per il calcolo del rent to buy facciamo un esempio semplicissimo. Se l’immobile ha un valore complessivo di 200.000 euro e il canone di affitto mensile ammonta a 1.000 euro. I 1000 euro verranno così ripartiti: 500 euro vanno al locatore per il godimento dell’immobile, e gli altri 500 euro vengono utilizzati come un anticipo del prezzo di vendita finale.
Se dopo 4 anni l’affittuario decide di acquistare l’immobile, dovrà stornare dai 200.000 euro i 24.000 euro ( 500 x 48 mesi) già pagati in acconto con i canoni mensili, per cui pagherà l’immobile 176.000 euro. Per il compratore ciò comporta un ulteriore vantaggio perché può richiedere un finanziamento o un mutuo di minor importo, in ragione di quanto già anticipato con i canoni.

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