In Protesi e Ausili

Stamp exemption for people transported with reduced or impaired motor skills

The vehicle must be adapted for transport with fittings that are characterized by a permanent connection to the vehicle.

31 luglio 2020

Persons with reduced or impaired permanent motor skills, transported even in the absence of a particularly serious situation as provided for by article 3, paragraph 3, of law 104 of 1992, with an obligation to adapt.
The "reduced or impeded permanent motor skills" can be inferred if the ascertained disability in itself entails the impossibility or difficulty of walking for pathologies that exclude or limit the use of the lower limbs.
If the person with disabilities is a minor and the memorandum shows "with reduced or impeded permanent motor skills", the mandatory adaptation of the vehicle can be ignored, considering that it is not possible to establish the need a priori.
However, the minor must be recognized as a person with a serious handicap (article 3, paragraph 3, Law 104/1992) and the memorandum must indicate that it is a person with reduced or impeded permanent motor skills based on art. 8 of the law n. 449 of 1997.
The vehicle must be adapted with at least one of the following devices:
mechanical / electric / hydraulic lifting platform;
mechanical / electric / hydraulic retractable slide;
mechanical / electric / hydraulic lifting arm;
mechanical / electric / hydraulic hoist;
sliding / swivel seat to facilitate the installation of the disabled person in the passenger compartment;
wheelchair anchoring system with attached disabled restraint system (seat belts);
sliding door;
other adaptations not listed, provided that the fittings are characterized by a permanent connection to the vehicle, and such as to entail its effective adaptation.
Therefore, the preparation of simple accessories with an "optional" function does not result in "adaptation", i.e. the application of devices already provided for in the vehicle type-approval, which can be mounted alternatively and at the simple request of the purchaser.
If the person with disabilities is fiscally dependent on a family member (that is, he / she has an annual income of no more than 2,840.51 euros or 4,000 euros, from 1st January 2019, for children aged 24 or less), he / she can benefit of the exemption the same family member of the person with disability. We remind you that pensions, checks and allowances paid to disabled civilians do not "make income" for Irpef purposes (art. 12 and comm. 2 art. 13-bis DPR 22/12/1986 n. 917).
The concession is for one vehicle only and if you buy a new car you must communicate the vehicle chosen for the exemption to the authority. Cars, motor vehicles for mixed transport, motor vehicles for specific transport, three-wheel motorcars, motor vehicles for mixed transport or for specific transport can use them.
Cubic capacity limits: 2,000 cubic centimeters if with a petrol or hybrid engine, 2,800 cubic centimeters if with a diesel or hybrid engine and a power not exceeding 150 kW if with an electric motor (Law 19 December 2019 n.157 art.53 bis).
Motorhomes are not exempt.
The request for exemption must be submitted within 90 days from the payment deadline (non-peremptory term). Once accepted, the exemption is considered valid as long as the situation remains unchanged.
Go to the tax office of the Region body (if any), or to the local office of the Inland Agency.
Some regions (Abruzzo, Basilicata, Campania, Emilia Romagna, Lazio, Liguria, Lombardy, Puglia, Tuscany, Umbria, Valle d'Aosta) and the provinces of Trento and Bolzano, for the management of exemption practices from the payment of the car tax, make use of Aci.
Submit a specific application on a specific model, attaching:
copy of the registration certificate showing the adaptations for transport;
copy of the certification attesting the permanent disability or handicap of a motor nature issued by public commissions appointed to recognize the invalidity;
if the family member buys the vehicle, document certifying that the disabled person is fiscally dependent, with a photocopy of the last tax declaration or self-certification.
When "reduced or impeded permanent motor skills" is not indicated in the certificate of disability or handicap, there is the possibility of producing an additional certification attesting it as stated in the Ministerial Circular of 15 July 1998, n. 186 / E.
With regard to certifications, art. 4 of the Law Decree 9 February 2012 n. 5, introduced major simplifications. In particular, it has been established that the memorandums of assessment of civil invalidity, handicap, blindness, deafness, disability of the medical commissions must also report the existence of the health requirements necessary to be able to request the tax concessions relating to vehicles.
Normative requirements:
"Tax breaks for people with disabilities" 2019 (the new guide updated in October 2019 has been published on the Inland Agency website);
Request Inland Agency of 20 December 2019 n. 533 (Request article 11, paragraph 1, letter a), law 27 July 2000, n. 212 - tax breaks provided for by article 30, paragraph 7, of law no. 388 - documentation with retroactive validity);
Law 19 December 2019 n. 157 art. 53 bis (Conversion into law, with amendments, of Decree-Law 26 October 2019, n.124, containing urgent provisions on tax matters and for undeferrables needs);
Inland Agency Circular of 24 April 2015 n. 17 / E; (point 4.8)
Inland Agency Circular of 21 May 2014 n. 11 / E; (points 7.5 and 7.6)
Inland Agency Resolution of 20 June 2012 n. 66 / E; (leasing contract)
Inland Agency Circular 1 June 2012 n. 19 / E; (point 3.2 Export of vehicles abroad)
Law Decree 9 February 2012 n. 5; (conv. in Law no. 35 of 4 April 2012, in particular art. 4 paragraphs 1 and 2 Simplifications regarding documentation for people with disabilities)
Inland Agency Circular 13 May 2011 n. 20 / E; (point 4.1 Recognition of the handicap through the report for the assessment of civil invalidity; point 4.3 Purchase of cars by disabled persons abroad)
Inland Agency Resolution May 28, 2009 n. 136 / E; (sale of the car after the death of the disabled person)
Inland Agency Resolution 17 January 2007 n. 4; (vehicle header)
Law 27 December 2006 n. 296; (art. 1 paragraph 36 motor vehicles used exclusively or mainly for the benefit of people with disabilities; paragraph 37 sale of the vehicle before two years from the purchase)
Inland Agency Resolution May 16, 2006 n. 66; (concessions for 2 vehicles for 2 children with disabilities fiscally dependent)
Inland Agency Resolution 8 August 2005 n. 117 / E; (VAT also facilitated for accessories sold together with the vehicle)
Inland Agency Resolution of September 17, 2002 n 306 / E; (Tax breaks for the repair costs of vehicles used to transport people with disabilities)
Inland Agency Resolution 4 June 2002 n. 169 / E; (holder of two cars with two disabled people fiscally dependent)
Inland Agency Circular 14 June 2001 n. 55; (point 1.2.2 time limits)
Circular of the Ministry of Finance of 11 May 2001 no. 46; (further clarifications regarding facilities for the disabled)
Circular of the Ministry of Finance dated 1 January 2001 n 1; (point 2.3.5 further clarifications)
Circular of the Ministry of Finance of November 16, 2000 n 207; (2.1.10 Discounts for the disabled)
Circular of the Ministry of Finance 12 April 2000 n. 74; (Further clarifications regarding VAT concessions)
Ministry of Finance Circular No. 197 / E of 31 July 1998; (VAT Adapted vehicles)
Ministry of Finance Circular of July 15, 1998 n. 186 / E; (car taxes)
Ministry of Finance Circular of 25 February 1998 n. 59 / E; (car taxes)
Ministry of Finance Circular of January 27, 1998 n. 30 / E; (car taxes)
Law of December 27, 1997 n 449; (art.8)
Law of 9 April 1986 n 97; (reduced rate of disabled-adapted vehicles)
Presidential Decree No. 633 of 26 October 1972. (table A part II points 31 and 33).

di Antonio De Honestis


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