The explosion of transfers, parental benefits and donations leads the government and the AADE to immediately activate digital applications in order to facilitate the citizens who wish to avoid additional taxes, as from January 1, 2022 the new objective values ​​are activated.

From today, AADE implements the electronic submission for initial declarations for real estate donations, which are within the objective system, as well as for any other asset that is transferred with a notarized document of donation or parental benefit.

At the same time, the government is launching an extension for real estate transfers, provided that the transfer tax return has been submitted electronically. The duration of the extension is expected to be announced in the coming days.

It is noted that operators and property owners request a six-month extension of the new objective values ​​and the electronic identity of the building which is borne by all the owners.

What taxpayers need to know about e-parental benefits

1. Submission of declaration: The myProperty platform submits the initial timely donation and parental benefit tax declarations, for the drafting of a notarial document concerning:

- real estate located in areas where the system of objective determination of real estate value (A.P.A.A.) applies,

- movable assets of any kind (indicative shares, receivables, securities, cars, works of art, etc.) and

- amounts of money to persons belonging to the A 'category (spouses, children, grandchildren, grandparents).

2. Drilling and constructions on real estate within A.P.A.A. (pergolas, sheds, etc.) If their value is not determined by the property valuation forms, they are included in the electronic declaration with market value declared in the category of movables.

3. As a rule, a statement is drawn up per contract per pair of donor / recipient, regardless of the number and type of transferred assets (real estate, movable, cash). Donors and donors can be either natural or legal persons. In the case of more than one donor or recipient, several statements per contract are drawn up respectively.

4. The donation / parental benefit declaration is completed by the certified notary who will prepare the notarial deed.

5. The declaration is submitted by the parties using their personal TAXISnet codes who accept the content and accuracy of the declarations. If a first residence exemption is requested, the submission of the parental benefit declaration has the consequences for the beneficiary child of the submission of a responsible declaration in terms of compliance with the conditions of the exemption.

6. When submitting the donation / parental benefit declaration, all the fields are filled in. With the declaration, in the case of a real estate, the notary fills in the corresponding spreadsheets on a case-by-case basis to determine the value of the real estate. In the case of a company, units or shares and shares not listed on the stock exchange, the forms are completed and attached on a case-by-case basis. For other movable assets, their market value is indicated.

7. All declarations shall be filled in for any exemptions, discounts or reductions, the previous donations or parental benefits, if any, shall be indicated, and the relevant supporting documents, as the case may be, shall be submitted.

8. Upon the submission of the declaration of donation / parental benefit, the act of administrative determination of the tax is issued immediately, which is notified to the taxpayer and the identity of the debtor.

9. After the drafting of the transfer contract, the notary is obliged to register its details and attach it to the above electronic application within 15 working days.

10. If the tax is payable in installments and is paid in full within the deadline of the first bi-monthly installment, a 5% discount is provided.

11. The competent Tax Office is informed electronically immediately after the submission of the donation / parental benefit declaration and checks the accuracy of the declarations and the compliance of the exemption conditions within 60 days from its submission. In case additional supporting documents are required, the taxpayer is invited to submit the additional requested supporting documents within 5 working days.

12. The administrative tax assessment act is issued in every case of submission of a donation / parental benefit tax return, whether it is submitted electronically or in printed form.

13. Declarations that have been submitted to the Tax Authorities. for which the tax determination act has not been issued and the relevant notarial document has not been drawn up, they are processed by the competent Tax Offices. without the need to re-submit them electronically through the myPROPERTY application. If the parties wish to submit them through the electronic application, then they are obliged to withdraw the handwritten statements.

Handwritten statements

- Statements concerning any other case of imposition of tax on donation or parental benefit for the acquisition of real estate or movables, securities, sums of money, etc., for which a notarial document is drawn up.

- Overdue or amending statements.

- Declarations requesting a tax deferral,

- Statements submitted for the drafting of a donation contract cause of death as well as for the correction or repetition of a contract,

- Declarations concerning real estate outside A.P.A.A.,

- Statements on movable property of any kind or cash, for which the taxpayer provides insurance or a letter of guarantee from a bank, in order to certify the tax in installments.

- Declarations concerning amounts of money to the beneficiaries of B 'and C'

- Declarations concerning amounts of money to beneficiaries of A 'category, when the tax is calculated independently at a rate of 10%

- Declarations of donation of real estate in execution of a preliminary agreement with self-contract

- Statements submitted unilaterally by the donor.

- Declarations of usufruct donation, which goes to the small owner who has already been subject to tax on small property and acquires the usufruct, for which he is subject to tax for the remaining tenths of the value of full ownership are submitted in printed form.

- Statements in case there is no possibility of electronic submission due to proven technical weakness.