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08-12-2020

REAL ESTATE TAXATION IN GREECE; IN TERMS OF INCOME AND CAPITAL

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While the acquisition of real estate in Greece requires the one-time payment of tax for the acquisition of such property, whether due to a sale and purchase agreement, or due to an agreement on donation, or due to a deed of acknowledgment of inheritance, the right to real estate (right in rem) gives rise to taxation on this property.

Rights in rem that are fiscally considered as incorporating taxable capital are the rights of ownership, usufruct, habitation, surface.

 

Α.   The main capital tax is the Consolidated real estate tax (“ENFIA”), which is applicable on each owned piece of property and is calculated per annum (or part thereof in case of maintenance of real estate for a period less than a whole calendar year) on the basis of the following factors:  (a) the exact area (in square meters), (b) the type of use (residence, commercial, agriculture etc.), (c) the district (major cities are divided in several districts, and each district equals to a state-specified price per square meter (“zone”), (d) in case the property consists of a part or a whole building, the year of built (e) in case the property is located in a building, the floor , (f) the number, if any, of facades of the property.

The above depict the general rule applicable, and in some type of buildings, the factors that are taken into account for the calculation of ENFIA can vary, resulting to a lower or higher tax.

As a general guide, the ENFIA tax amounts to ca. 1,40 to 14,00 euros per square meter.

 

Β. In case the total value of the individual’s or the legal entity’s real estate property in Greece amounts to over 250,000 euros, an Additional Real Estate capital tax is applicable. The Additional real estate tax is calculated as a percentage on the total value of the real estate property, in specific with a range between 0,15% and 1,10%.

This range depicts the general rule applicable, since certain factors result in a higher or lower tax. It is worth mentioning that legal entities bear Additional real estate tax for owned real estate in Greece to a standard percentage of 0,55%.

 

The value of the real estate is calculated, for the purpose of determination of capital real estate taxes, in accordance with the rules, factors and amounts described in paragraph (A) above. Attention should, therefore, be drawn to the fact that it is irrelevant for these fiscal purposes, the amount for which the property either has been purchased or is commercially estimated.

 

Tax obligations aforementioned (under A. and B.) refer to ownership rights on real estate without any encumbrance of a right in rem of usufruct, habitation or surface. In case there exists such a right, the owner of the property is liable for a part of 20% up to 90% of the total tax. The percentage applicable is dependent on the age of the individual enjoying the right of usufruct, habitation or surface. If the party, in favor of which the encumbrance stands, is a legal entity, the owner is liable for 20% of the total aforementioned taxes.

 

C. Owners of real property in Greece are also liable for the payment of the Municipality Stamp on real estate, which amounts to 0,25ο/οο to 0,35 ο/οο of the real estate’s value annually. This stamp is payable either in installments, as a distinct charge in the electricity bill , or directly to the municipality /local prefecture in which the real estate is located, which is this Stamp’s beneficiary.

 

D. It should also be mentioned that off-shore legal entities in Greece are additionally taxed on property owned, by a standard percentage of 15% on the property’s value. The notion of off-shore entity, for the purposes of taxation of real estate assets, includes a legal entity, seated in a jurisdiction foreign to member states of the European Economic Area, with which an agreement to fight fraud and tax avoidance is not in effect, that its annual turnover in Greece is lower than its annual income (if any) having been gained by its management on real estate assets, and its shares are not quoted in an organized stock market. Nonetheless, any legal entity that has buildings or other premises (being) constructed on its account, in order to become commercial active therein, is not liable for the aforementioned additional taxation on its owned property for a period of seven (7) years commencing from the date of issue of the administrative license to build. Shipping corporations founded in Greece pursuant to legislation on promotion of investment activity are exempted from this kind of additional tax on property.

 

 Coming to the issue as to the taxation applicable on income arising out of real estate in Greece, attention should be drawn to the fact that each individual or legal entity is liable to be taxed for its earned income in accordance with the rules of its own jurisdiction. Tax residence should always be taken into consideration before concluding whether an individual or legal entity will be ultimately and /or exclusively taxed (for the income earned in Greece) in Greece or not.

 

Any general taxation on income - as well as any general exemption or reduction on general taxation - does not affect nor it is set off against taxation on income arising out of management of real estate.

 

Income arising out of management of real estate consists of any revenue relating to lease and concession payments and compensatory payments for withholding real estate (after the expiry and/or termination of any contractual lease or concession), exercise of professional and/or commercial activity in the real estate property by its owner or its usufructuary.

 

Regarding any type of concession agreements, under which there exists a provision for a free use of the real property, the taxable income earned is calculated on an amount equal to 3% of the property's value. This value is calculated in accordance with the factors that have been mentioned above herein ("ENFIA"  tax calculation). The same calculation is applicable in case of exercise of professional and/or commercial activity in the real estate property by its owner or its usufructuary.

 

1. Taxation on income arising out of management of real estate in Greece ranges from a percentage of 15% up to 45%; for an annual income from real estate up to 12,000 euros, the tax amounts to 15%, for any such amount as of 12,001 euros up to 35,000 euros,  to 35%, for any such amount exceeding 35,001 euros , to 45%.

 

 

In case the management of real property is within a legal entity’s scope of activities, or is included in an individual’s professional/business activity, the income earned (by real property) falls under the general taxation rules, according to which Greek legal entities' income in Greece is taxed, in principle, with a percentage of 24%.

 

2. Moreover, any income being earned by individuals is additionally subject to the ‘Society-Solidarity’ public Contribution of a range commencing with 2,2%, for a total annual income over the amount of 12,000 E , up to to 10 %.

 

3. The income arising out of management of real property is also subject to a Stamp amounting to 3,6% . Payment of this Stamp is usually stated in lease and concession agreements on real estate, as being the lessee’s or concessionaire’s additional obligation. Regardless of this, the party liable to the State for the payment of this Stamp is the party which receives the revenue as arising from management of the property.

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