Residency, defined under Article 43 of the Civil Code, delineates the habitual dwelling place of an individual. Throughout life’s journey, one may find the need to shift this residency to different locales, subject to the condition of settling into a new abode while adhering to the legal prerequisites. However, within this realm exists a unique form of residency known as “residency as a guest.” Life’s familial and occupational events may necessitate multiple changes in residency, whether within the same city or region, or venturing into new territories.
The transition of residency mandates a corresponding change in residence, thereby necessitating the presence of a lease agreement, a gratuitous loan agreement, or evidence of property ownership. Notably, the law permits the transfer of residency to the abode of a relative, such as a cousin or aunt, a friend, or an acquaintance; this is what is referred to as residency as a guest.
Let’s envision a scenario where one secures employment in a new city but has yet to find a rental home. In such a case, a friend extends the offer of accommodation, allowing the individual to also transfer their residency to their friend’s home. Now, let’s delve into the intricacies, particularly the fiscal aspects, starting from the very basics of how the residency transition works.
When Can Residency Be Changed?
The process of changing residency is relatively straightforward. It involves submitting a request directly to the Municipality via online channels or traditional mail. One must attach a valid identification document and provide pertinent information, such as the registration of a lease agreement, if applicable. It is essential to note that residency does not signify occasional habitation; it denotes the habitual dwelling place where one typically resides throughout the year. Significantly, residency can be transferred even when one is a guest at the residence of a third party, irrespective of the nature of the relationship with that individual.
Understanding this opportunity is crucial because:
- It aids in evaluating whether it would be ideal to transfer only one’s domicile without changing residency to another person’s home.
- There are fiscal aspects to consider.
- Fictitious residencies, those obtained solely for fiscal benefits without reflecting the true habitual dwelling place, are prohibited by law. Consequently, within 45 days of the residency change, the Municipal Police may conduct inspections to verify compliance.
Residency as a Guest: How It Works
As we’ve established, the place of residency dictates where one casts their vote, but numerous other aspects are tied to residency. Changing residency entails certain consequences, primarily for the hosting party.
Firstly, let’s clarify that:
- If the host is the property owner, they need only send a communication to the Municipal Registry Office.
- If one is renting and intends to host someone, they must obtain the landlord’s authorization beforehand.
In terms of consequences, the first pertains to TARI, or the Waste Disposal Tax, which varies based on the number of occupants in a dwelling, hence it may be higher.
Additionally, ISEE (Indicatore della Situazione Economica Equivalente), which determines eligibility for certain state bonuses, poses considerations. If one relocates to someone’s home with whom they share a legal relationship (parental or emotional), they become part of that individual’s household, thereby having a unified ISEE with them. However, in cases where the law permits, explicit declaration must be made in the residency change application stating that one does not belong to the same household, lest they forfeit access to state bonuses intended for low-income individuals.
The RAI fee, on the other hand, is tied to the household’s electricity account; hence it is the property owner who bears this cost, and no separate fee is levied. Agreements may be made to split this expense during the cohabitation period if the TV in the house is utilized.
Residency as a Guest with Debts
A scenario deserving particular attention is when the individual being granted residency as a guest has debts, potentially leading to a seizure procedure. In such cases, it may transpire that movable assets of the debtor, which are housed in the temporary residence, could be seized – an action permissible by law.
Therefore, it becomes imperative to demonstrate that the assets in the house do not belong to the hosted debtor. If unable to do so through other means, recourse may be sought through a legal action termed as “Opposition of Third Party.”
To preempt such situations, it is advisable to ascertain the debtor’s financial status in advance by seeking a mortgage survey from the Territorial Office of the locality, providing the host’s name, surname, and date of birth. Moreover, if the guest is found to have debts, it is recommended to eschew granting residency as a guest and to safeguard oneself by having them sign a simple comodato d’uso gratuito (gratuitous loan agreement), to be registered with the Revenue Agency.
Over to You
While the prospect of residency as a guest presents conveniences, it is imperative to navigate this terrain with prudence, fully comprehending the legal, fiscal, and potential financial implications thereof.
