What does the multi-bill submitted by the Ministry of Finance provide for?
A bill of the Ministry of Finance, under the title “Framework for debt settlement and other tax and customs regulations, protection of pensions from inflation and other provisions for the support of society and entrepreneurship”, was submitted to Parliament for a vote.
As pointed out in the introductory report, the bill, among other things, seeks to facilitate the repayment of debts certified to the Tax Administration and to deal with the difficult financial situation by providing the possibility of reintegration into the provisions of articles 98-109 of Law 4611/2019, A ΄ 73 (setting in up to 120 installments) and article 289 of Law 4738/2020, A΄207 (setting in up to 72 installments) for the remaining (on the date of submission of the reinstatement application) debt and for the remaining number of unpaid installments of the regulation.
Also, it is sought to provide relief to debtors who were consistent taxpayers until the start of the energy crisis in terms of repaying their debts to the Tax Administration that became overdue during the crisis. In order to mitigate the effects of the energy crisis, these persons are provided with the possibility of arranging partial payment of their confirmed debts to D.O.Y./K.E.ME.EP./K.E.FO.ME.P./KE .B.EIS., which became overdue after 1.11.2021 and up to 1.2.2023, in up to seventy-two (72) monthly installments.
With the evaluated regulation, par. 4 of article 12 of the Tax Procedure Code (law 4987/2022, A’ 206, C.F.D.) is supplemented, in order to provide for a specific percentage of withholding when granting proof of awareness for the transfer of real estate or establishment of a real right thereon due to compelling reason on the price both in the case of overdue debts that have been included in a settlement program and in the case that the applicant has overdue debts that are under suspension.
At the same time, with the amendment of par. 5 of the same article, the Minister of Finance and the Governor of the Independent Public Revenue Authority (A.A.D.E.) are authorized to regulate implementation issues, to modify the above rates and to set withholding rates when there are overdue debts and the proof of awareness is issued for the transfer of real estate or the creation of a real right over it due to compelling reason.
The purpose of the assessed regulation is to create a clear and safe regulatory framework that will regulate the granting of proof of awareness for the transfer of real estate or the creation of a real right over it for compelling reasons in cases of overdue debts that have been included in a settlement program and/or a significant amount of debts of the applicant, who are under suspension, which will be able to be supported digitally, while simultaneously minimizing the cases of “handwritten” issuance of the proof of awareness by the A.A.D.E. service.
The automation (digitalization) of the granting of proof of awareness for the transfer of real estate or the creation of a real right over it for compelling reasons contributes significantly to simplifying and speeding up transactions and the economic life of natural and legal persons and legal entities.
With article 16 of the bill, the content of the EN.F.I.A. certificate is redefined. and it is stipulated that, if the EN.F.I.A. certificate is issued after the act of determining EN.F.I.A. of the current year, in said certificate it will be confirmed that the specific property is included in the EN.F.I.A. statement. for six years (and not five years as was the case).
In addition, it is stipulated that in every expropriation deed for the transfer of real estate with compelling reason or the creation of a real right thereon, the certificate of article 54A of the C.F.D., which is compulsorily mentioned and attached by the notary who draws up the relevant contract , certifies only that the specific property is included in the ENFIA declaration of the five years preceding the transfer or six, if the ENFIA has already been issued. of the current year, and not that the corresponding tax has been paid for the specific property and that the EN.F.I.A. of the rest of the properties for these years, as was the case until now.
Also, par. 3 of article 54A of the C.F.D. is amended. and cases of granting an EN.F.I.A. certificate are removed from it. with withholding of the price by the notary, since now with the amendment of par. 1, these become unnecessary.
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