Ups and downs in real estate transfers – What is provided by the circular of the Governor of the Independent Public Revenue Authority
The simplification of the transfer of real estate and the limitation of bureaucratic procedures and transactions in the DOU is foreseen by a circular of the Governor of the Independent Authority of Public Revenues, Giorgos Pitsilis, based on the provisions of Law 5036/2023, valid from March 28, 2023.
Real estate transfers: What changes in the ENFIA certificate
With the clarifications and instructions provided, taxpayers are facilitated in processing their cases.
Real estate transfers
– The obligation of notaries to attach the certificate of article 105 of Law 2961/2001 to real estate transfer contracts is abolished,
– The procedure for the withholding by the notary of the apportioned inheritance and donation tax during the transfer of real estate with compelling reason is abolished,
– The liability of the last owner of an inherited property, to whom the property has fallen by contract due to burdensome cause, is abolished,
– The cases of transfer of movable assets by Banks, companies, other legal entities etc. are expanding. with withholding tax on inheritances, donations, parental benefits from these persons and paying it to the tax administration,
– The right of the State in cases of taxation of inheritances, donations, parental benefits and winnings from games of chance with a taxation period of up to 31/12/2008, for which a certificate of article 105 of Law 2961/2001 is not required, is barred.
– Matters of granting the certificate of article 105 of Law 2961/2001 are regulated in cases with a tax period from 1/1/2009 to 31/12/2014 and from 1/1/2015 onwards.
It is noted that the ongoing malfunction of several mortgage registries and land registry offices in the country causes huge queues and long delays in real estate transfers, mortgage transfers and other transactions to be registered.
It is noteworthy that only in the transitional Land Office of Athens, which was inaugurated nine days ago, 7,000 unregistered deeds have already accumulated.
The problems arising from the understaffing of the offices have also caused a “heart attack” in other offices such as in Koropi, where they are waiting for around 2,000 operations, in Thessaloniki and in Heraklion, Crete. The problem created by the different treatment of obvious errors (eg a wrong letter in the name), which exceeds 700,000 to 800,000 nationwide, is a big problem.