08/05/2023 | 10:00
Citizens who decide to sell or buy real estate in areas within the objective value system, as well as notaries who cooperate with them, are required to submit transfer tax returns electronically for two years. The possibility of electronic filing is extended from August 2022 to five other special categories of tax declarations on property transfers, in the cases of use, execution of pre-contracts, consideration, forced auctions and transfer of real estate or creation of another real right over property where the land is located to be a larger end. And in these cases, the real estate transfer procedures will be completed much faster.
What is myPROPERTY?
The Independent Authority of Public Revenues (AADE) has put into operation from 2021 the online application myPROPERTY, through which citizens can, in fact, proceed to buy and sell real estate, without the need to present Transfer Tax returns (RTT) by mail or electronic submission of the forms and supporting documents required to the DOU or personally and submit them to the DOU. Electronic filing of FMA returns for real estate within the objective value system is mandatory.
The application for electronic filing of tax returns works at aade.gr/myPROPERTY. Through this application, each notary must complete in electronic format not only the property transfer tax declaration but also the calculation sheets for the value of the transferred properties. Filling in the data of the transferred properties and the calculation sheets of their taxable value, once carried out by the notary, allows the declaration to be temporarily stored and sent to the accounts maintained by the counterparties on the AADE digital portal (aade.gr ) to be able to validate it, through the same application. Once the declaration is validated by both the seller and the buyer, it will finally be sent to myProperty, where it will be automatically deleted.
With the liquidation of the declaration, the act of determination of the tax and the Identity of the Debt is issued, which are notified to the buyer’s account in the digital portal of AADE (aade.gr), in order to proceed with the payment Of the same. the certified amount. Payment of the tax must be made by credit or debit card or by electronic banking. Once the buyer has finished paying the tax, he sends the corresponding receipt electronically to the notary, who proceeds to draw up the transmission contract. Once the drafting of the contract has been completed and the purchase price paid, the notary must enter the application and enter the data of the tax payment receipt in the corresponding fields of the declaration form for the tax on patrimonial transfers completed and submitted electronically. , the number of the assignment contract and the method of payment of the price. In addition, you can “upload” to the application the scanned tax payment receipt, the transfer contract and all the required receipts and certificates, in order to facilitate the competent DOU to proceed with the control of correctness, legality and sincerity of the statement submitted.
In the case of transfer of a property intended to be used by the buyer as a first residence, he or the notary, during the process of completing the property transfer tax declaration, must “click” on an attached declaration text. With this text, the buyer certifies that he meets all the conditions provided by the applicable legislation, to receive the exemption from property transfer tax and that he agrees to send or present personally to the competent DOU, after formalizing the transfer contract, the receipts that will be requested to prove that you are indeed a beneficiary of the exemption. Essentially, the exemption is automatically granted to the buyer with a simple click on the attached return text, so the buyer’s applicable tax-free limit is deducted from the taxable target value of the transferred property, as calculated on the return.
According to current legislation, the tax-free limit of the first residence is 200,000 euros if the buyer is single without dependent children or 250,000 euros if married. It increases by 25,000 euros for each of their first two dependent children and by an additional 30,000 euros for each dependent child from the second.
DELIVERY IN 9 STEPS
In summary, the process of presenting the declaration of the Patrimonial Transmission Tax by Internet includes the following 9 steps:
1) The notary prepares the declaration on behalf of the buyer and the seller through the myProperty application.
2) The statement is sent, through the application, to the buyer’s and seller’s accounts at aade.gr.
3) The buyer and the seller accept the declaration.
4) The declaration is presented automatically and the tax, if any, is confirmed.
5) The notary is automatically informed of the presentation of the declaration.
6) The buyer pays the tax digitally (by card or web banking).
7) The information system TAXIS of the DOU is informed about the payment of the tax.
8) The proof of payment is published on myPROPERTY for the notary and the buyer.
9) The notary publishes the contract on myPROPERTY.
The obligation they have following sellers and buyers
The taxpayer who is going to dispose of a property, before presenting the declaration of the transfer tax, must enter the data of the E9 declarations for the period 2014-2024, which are available in the “Property Status” tab of the Real Estate Portfolio. OPS of the AADE and locate the alienated property, in order to check annually if all its descriptive and identifying data are correct. In the event that errors or omissions are detected, you must make the necessary corrections by submitting a corrective statement E9 and in any case transfer the statement with the updated data of the property to be transferred up to the following year, including the year of the transfer. At the same time, the same obligation applies to the acquirer of the property (buyer, donee), provided that he already has a right to the transferred / inherited property.
for 2023 automatic E9 update
Within 2023, the automatic creation and sending of a modified digital declaration of real estate data (E9) with the required entries, modifications and deletions of real estate data will be put into operation, as soon as the notary public publishes the contract on myPROPERTY. application, which recommends, transfers, modifies (modifies) or abolishes (E9) a right to immovable property that is the subject of the declaration of data on immovable property.