By Vangelis Dourakis

Full auctions from the Treasury for Debt to the State: AADE is getting on the “hammer” from the middle of next month “package” of 25 properties, in particular, plots, apartments, buildings, warehouses and parking lots with first bid prices starting at € 1,160 and € 3,160! The electronic “hammer” of the tax office will be hit again on May 14 with the program of auction Close June 11th.

Since AADE “runs” the auction procedures, it should be noted that in its textbooks it makes it clear that the first residence those who maintain ‘open accounts’ With the state, it is left out of seizures. Something, of course, is clear and through the Code of Public Revenue Collection.

The seizure process followed by AADE

Specifically, in the case of arrears to the State and if the debtor does not respond to the AADE notifications for the settlement of his debts, the seizure procedures are initially implemented.

Banking deposits are initially targeted, since with a simple order in banks, seizures are activated by third parties, that is, for money received by the debtor from third parties (salaries, pensions, rents, subsidies, etc.).

Since the seizures of the movable assets do not pay, that is, they are not sufficient to cover the amount of the debt, then the seizure of the debtor’s real estate follows.

As stated in AADE’s “Handbook”, the DOY Head of the DOJ, Audit Centers or Collection Centers, issues the order for the seizure of the debtor’s assets and in a specific timetable, starts with the auction:

  • On the seizure of mobile, after at least 15 calendar days after the imposition of the seizure.
  • On the seizure of property, after the expiration of 40 calendar, days or at the latest within four (4) months of the seizure on the debtor’s property.

What applies to the first residence of a public debtor

It is noted, however, that the auction of the real estate is preserved the main residence of the debtor if Its objective value is close to the limits of transfer tax exemptionfor the acquisition of a first home.

In the “manual” of AADE it is typically noted that ‘The above deadline is not respected, as long as there is a major reason (eg when it comes to a property that is the main and unique residence of the debtor, which covers the basic housing needs, the value of which is not significantly far from the limits set in accordance with the provisions for the exemption of the transfer tax – FM). who should be mentioned in a relevant report by the auction of a supervisor. “

In this context, the auction list is out of the list, the first residence of the debtors, whose value is close to the limits of transfer tax exemption, for the acquisition of a first home.

What are the ‘rescue’ assets of the first residence

Today, the threshold is 200,000 euros for the unmarried, 250,000 for the couple and 275,000 for the disabled. The above amounts are increased by EUR 25,000 for each of the first two children and by 30,000 euros for each of the following children.

Since the fair value of the residence is below the specific limits, then the Tax Office does not auction it, but will obviously seek to collect debts by other means, such as the seizure of other assets of the debtor, that is, other property, or bank deposits, etc.

In more detail the limits of exemption from real estate transfer tax And at the same time, the protection against tax auctions are as follows:

  • Unmarried: 200,000 euros
  • Married: 250,000 euros
  • Married: Disabled 275,000
  • Married to a child: 275,000
  • Married with two children: 300,000 euros
  • Married with three children: 330,000 euros
  • Married to four children: 360,000 euros.