Real estate: What changes in transfers from June – The new data
Jul 29, 20232 min read
A "facelift" is coming from next month in the context of real estate transfers. Some of these changes include:
1. ENFIA certificate
The ENFIA certificate is expected to be implemented from June 1, 2023. This will work like this:
In any expropriation deed for the transfer of immovable property with a compelling reason or the establishment of a real right thereon, this certificate will only certify that the specific property will be included in the ENFIA declaration of the 5 years preceding the transfer or 6 if it has already been issued the current year's tax and not that the corresponding tax has been paid for the specific property and that the ENFIA of the other properties has been adjusted for these years, as was the case until now.
In every case of transfer of real estate with compelling reason, it will not be necessary to attach to the transfer contract the certificate certifying the full payment of the inheritance, gift-parental benefit taxes apportioned to the property. That is, this concerns every case of property sale.
In order to exclude the transfer with a compelling reason (sale) of undeclared real estate, a mandatory mention will be made by the notary in the contract he draws up regarding the submission of the relevant tax return depending on the reason for acquiring the transferred real estate.
2. Automatic completion of E9
The details of the properties will be automatically drawn from the AADE platform "myProperty" through a new digital application, the E9 declaration that will be completed. It is also pointed out that before submitting a transfer tax return or a donation or parental provision of property, the taxpayer must first update the details of the house being transferred in the Property Register - E9 up to and including the following year of the transfer. This also applies to the submission of a property inheritance tax return. That is, before signing contracts, taxpayers should first check the details of the property being transferred and if there are errors or omissions, then they should be corrected.
The Application
A digital declaration of real estate data (E9) with the required entries, changes and deletions of real estate data will be automatically generated in the myProperty application after the contract is signed and posted by the notary.
This practically means that taxpayers will not need to modify their real estate data in E9 themselves when they proceed with a sale, parental benefit or donation of real estate or when they inherit real estate. E9 will be automatically updated based on the data of the real estate transfer declarations that must be submitted electronically.
3. Real Estate Transfer Tax and Gift and Parental Benefit Tax returns
The AADE is working on the electronic submission of Real Estate Transfer Tax declarations for cases of cancellation and cancellation of a transfer, transfer in execution of a preliminary agreement, exchange of properties, removal of VAT exemption for the purchase of a first home, and consolidation of properties, as well as the digital submission of donation tax declarations and parental allowance for amending statements. It is reminded that the above declarations are submitted by hand to the Tax Office.
