Your questions – How does the double Imu exemption work after the Constitutional Court ruling? The rebus rebus

Your questions - How does the double Imu exemption work after the Constitutional Court ruling?  The rebus rebus

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I live and reside in Milan, while my wife lives in another city and region, both for work reasons. Consistent with the latest Imu law, which established a single exemption for spouses residing in different homes, I paid the first Imu installment. Now I have read that the Constitutional Court has ruled that if the separate residences in the same municipality or in different locations are actual and not fictitious, you are entitled to a double exemption. Can I ask for a refund? What should I do for the balance? Do I have to fill in the Imu declaration?

Signed letter – by email

The decision of the Consulta is generating many questions. The decision will have effects on the appeals and on the upcoming deadlines with the application of the IMU exemption, for the spouses who actually reside in different homes. Unfortunately, the delicate reimbursement game in favor of those who paid according to the legislation envisaged at the due date (the last five years at stake), nor the procedures that must be followed, has not been clarified by the Consultation. Many doubts. Do we need to prove that the double residences are real and not an elusive maneuver, often tolerated in the past by the municipalities? Or just submit a simple statement? In the past, the municipalities have indicated to pay according to the law and the taxpayers have made the IMU payments due to avoid penalties, but for some experts the right to reimbursement would be possible only in the presence of new legislation that, based on the ruling of the Council, authorizes the municipalities to return the sums, subject to verification of the requirements. Waiting to know the ministerial position on the procedures to be adopted, it may be appropriate to submit the IMU declaration by 30 June 2023 indicating the right to exemption, not to pay the balance assuming that the family actually resides in houses in different municipalities. , and submit a request for reimbursement for the installment paid in advance in June.

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