Special topics

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VAT on sales of newly built properties under a sale & lease-back contract with a financial leasing company

In accordance with Article 6 paras. 1, 3 and 4 of Law 2859/2000 ("VAT Code"), , the transfer of completed or unfinished buildings or parts thereof and the land transferred with them as a single property or ideal shares of land to which the presumption of completion applies, is subject to VAT, if it is carried out for a consideration, before the first installation in them. Buildings shall be deemed to be buildings in general and structures of any kind attached to the buildings or to the ground in a fixed and permanent manner. The first installation is defined as the...

19 Apr 2023

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Subjection of financial leasing of real estate to VAT following a tax election request

According to Article 22 par. 1 case (kst’) of Law 2859/2000 (VAT Code), real estate leases are exempt from VAT, except for those under case (d') of paragraph 2 of Article 8, which include i) the lease of industrial premises and safe deposit boxes and ii) the lease of premises for the exercise of a business activity (commercial leases) under certain conditions. In particular, Article 8 par. 2 case (d) subcase (ii) of the VAT Code provides that the lease of premises for the exercise of a business activity to a taxable lessee, either independently or under a mixed contract, is...

23 Feb 2023

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Exemption from tax on donations of movable assets located abroad for Greek nationals who reside abroad

Already as of 31/7/2020, a provision had been added by article 6 of Law 4714/2020 to Section C of article 43 of the Code of Inheritance, Donations and Parental Gifts Tax (Law 2961 /2001, hereinafter referred to as the "Code"), as case g', which provided for the exemption from tax "for gifts of movable assets located abroad and not acquired in Greece during the last twelve (12) years by a Greek citizen who has been resident abroad for at least ten (10) consecutive years and, in the case of relocation to Greece, no more than five (5) years have elapsed." Article...

10 Feb 2023

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Real estate company ownership in Greece : individual ownership VS company – a comparative table

in Real Estate, Special topics

Legal entity Advantages Disadvantages 1. Income from property is taxed as profit from business activity at the flat tax rate of 22%. Apart from the flat tax rate for the income from property, the further distribution of dividends by the company to the shareholders is taxed as well at the tax rate of 5%. However, in case there are also other sources of income except from the property income, there may be a flexibility in arranging when to receive the dividends and pay the dividend tax. 2. Α legal entity which acquires real estate income in Greece has the right to deduct the total of its business...

07 Feb 2023

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Online Inheritance Tax Return – Procedure Supporting Documents

Procedure The deadline for the submission of the inheritance tax return by the heirs before the Tax Authority in the absence of a will is nine (9) months from the date of death of the deceased, while in the case of a will, it is nine (9) months from the publication of the will. It is noted that an extension of the above 9-month deadline is no longer granted by the Tax Authority. The competent tax office for the acceptance of the declaration and the imposition of tax is the competent tax office of the deceased's residence. If the death occurred from 01/01/2022...

03 Feb 2023

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Commencement of business activity as a sole-trader in Greece: procedure and required documentation

Registration with the competent Tax Office In order to obtain a Tax Identification Number (TIN), an application shall be submitted at the competent Tax office. The supporting documents are the following: Passport/ Greek Identity Card Form D210 Certified copy of the lease of the main residence Solemn Declaration by the lessor or the lessee regarding the validity of the lease contract of the main residence. After the submission of the application, the tax office issues a TIN certificate and keycodes for the creation of a TAXISNET account. TAXISNET is an online platform, from where the taxpayer can generally manage most of his...

16 Jan 2023

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Changes to the Greek golden visa scheme

in Immigration Law, Special topics

Significant changes in the status of the investor residence permit for third country citizens, also known as the "Golden Visa", as regulated in Article 20 of the Code of Immigration and Social Integration (Law 4251/2014) and concerns the granting of residence permits to third country citizens who themselves as natural persons or through a legal entity based in Greece or another EU member state, either they own real estate in Greece in full ownership and possession, or they have concluded a long-term contract of complex tourist accommodation or a contract of timeshare rental of tourist accommodation, or they are adults...

12 Jan 2023

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Special tax on real estate the treatment of the existence of a trust in the structure

in Real Estate, Special topics

Greek Special Real Estate Tax (SRET): the implications of a trust in the structure Conceptual elements of the institution of foreign trust - Imposition of Special Real Estate Tax A trust - an institution originating in Anglo-Saxon law - is a special regime for the administration and liquidation of property, which lacks legal personality and is created either by declaration of the owner of the property or by transfer of the property, either during life or by will. The settlor (settlor or trustor) enters into a settlement agreement with the trustee and transfers assets to the trustee, which the trustee manages for...

23 Dec 2022

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Directors and other employees of special responsibility and trust who are exempt from working time rules