At first, taking the decision to sell our property, we have to define the «requested price», i.e. the considered amount to be catchy. Defining the sale price of our property at the market, we have to take into account the following: In fact, the sale price of a property depends on many factors. These factors are:
- Its location (location).
- Its age (year built)
- The construction quality (from the statistics and the concrete quality until the final finishing).
- The property’s condition (last renewal or required renewal)
- Its floor (there are prices differences depending on the floor).
- The service spaces that the property has such as parking and warehouse.
- The sale price of corresponding properties around the area.
- The development perspectives and the infrastructure projects at the area.
- The rateable value of the property.
- Securing the service and semi-open spaces.
- The real structuring to conform to the building permit.
- The main law market (Supply- Demand).
- The time margin you want to sell. Rush decreases property value.
The property is one of the most expensive and difficult products at the market. Addressing to RealBrokers, you have a professional next to you. We will evaluate the true value of your residence and promote your property through our network while we will take care for the reliable promotion on the daily news and through internet. In that way, you multiply the sale probabilities and decrease the result time.
You can address to many real estate agencies, but you should know that the less brokers deal with your property the best for you. You should address to reliable professionals of the real estate area with specific proposals of your property’s promotion in order to reach the desirable results. In no way, the property should be saturated during the selling process.
Take care of your property’s conditions without spending much money. Repair possible damages in hydraulics, electricity, humidity, cabinets. Paint all spaces with bright colors, if you think it is necessary. Do general housekeeping and remove any useless items and furniture that may disturb the image. Light up all spaces, in case property’s presentation takes place without sunlight. A well-appeared result always makes good impression to the applicants-buyers.
Prepare your property’s file with the purchase contract, property recommendations, topographical plan, building permit, cadastral documents, floor plan and static studies.
Address to your lawyer for further assistance from the beginning of the process. Besides, your lawyer should be present at the editing and signing contracts process.
Sell Documents
The Seller, before signing the Contract, must produce to the Solicitor who will edit the contract, the following documents:
- Purchase Contracts of the property regarding older conveyances.
- Copy of Building Permit.
- Topographical plan of the property.
- Property’s plans (static plans, floor plans, block plans).
- Establishment of horizontal property (where necessary).
- Identity – VAT Registration number – Excise Tax Offices of all sellers-owners. Copies should refer recent addresses and professions.
- Tax Clearance.
- Insurance Clearance if the seller is a natural person that performs business activities or is Headmaster or Manager or Managing Director or member of a Syndicate or Union of Syndicates. Also, if the building is new or has been built within the last 10 years.
- Ε9 that shows the property has been declared.
- Certificate that the property income has been declared within the last 2 years in the income declaration Ε2, otherwise formal declaration that the property does not result to income for the owner.
- Certificate that the proportion tax that corresponds to the transferred property has been paid, when the property is liable to the Large Property Holding Tax (Acceptance of the Succession) and certificate that the tax of Donation, Parental Donation and Inheritance has been deposited, when the property has been obtained by one of the above ways.
- Certificate from the appointed municipality that you do not owe Real Estate Tax.
- Land Registry (certificate that there is no mortgage-seizure-claiming against owner’s property).
- Cadastral Extract from the Cadastral Office where the Seller has submitted declaration of the L. 2308/85, when the area property is subscribed to the National Cadastral.
- Energy Performance Certificate Every Solicitor in order to edit the buying and selling deed of the property must refer to the protocol number of the EPC at the contract and attach an official copy of the EPC regarding buildings of total surface over than 50 m2.
- Engineering Certificate certifying the identity of the actual image of the property with the one which is depicted in the contracts and the official urban plans of the property and also that it is in no need for further settlements (legalize illegal, augmentative and semi-open spaces.
- ENFIA Certificate (United Property Tax). The owner from 01.01.2015 should submit this certificate which can be obtained from the TAXIS System (Electronically). Responsible to ensure this certificate is the accountant.
Additionally:
- Death certificates if those referred at the contracts had died after 1985.
- Certificate that the tax of Donation, Parental Donation and Inheritance has been deposited, when the property has been obtained by one of the above ways.
For outlying plots & areas – forest lands:
- Characterization deed (article 14 of L.998(1979).
- Notification & Publication of the Characterization Deed.
- Forestry Certificate.
- In many cases Archeology Certificate.
- Certificate of Seaboard Alignment, if the plot is near the coastal.
- Certificate of Buildable Plot is suggested to be submitted.
- Certificate of the appointed Local Organization of Land Improvements regarding plots in areas where Organization of Land Improvements operates, that there are no levies from irrigation fees.
- Certificate by an appointed Municipality regarding non overdue debts of the property for levies to land and money, if the property is in area subscribed to the Urban Planning, according to L. 1337/8 and the Application Deed has been validated. If the Application Deed has been validated after 25/11/1994 or it has not been validated yet, then a Certificate from the appointed Municipality is necessary showing that a Property Declaration has been submitted by the Seller.
- Permission by the Committee according to L. 1892/1990, if the property is in frontier area.
Seller’s Expenses for Conveyance
1) Stamp Fee for the Bar. It is calculated upon the shown fee as following:
- 1% up to 44.000€
- 0,5% for the rest amount.
2) Lawyer’s remuneration for presenting at the contract.
3) Broker’s remuneration 2 % upon the final, agreed price of the property.
VAT 23% is including in Lawyer’s, Solicitor’s and Broker’s remuneration.
4) Capital Gains Tax 15% (* Suspended from 01/01/2015 until 31/12/2016)
From the 1 st of January 2014 the conveyance tax has declined for buyers from 10% to 3% of the " objective value " , but now a tax has been imposed to the seller of the property , on the " accretion " , ie the difference between the ( objective ) value at the time it was acquired and the (actual = declared ) value which collects when sold . The difference, after some reduction, depending on the years that the seller owned the property, is taxed at 15%.
With the latest adjustment of Law 4254/2013 (Government Gazette 85/7.4.2104 T. A ) the surcharge of the capital gains tax is significantly decreased compared to the previous and inapplicable rules ,for any kind of property transaction , while property sales that are possessed by the seller BEFORE 1.1.1995 are fully exempt. Especially the multi-Bill provided for capital gains tax includes the following:
1. According to the law, all properties acquired before321/12/1994 are totally exempt from the capital gains tax. Also in practice all properties acquired from 2007 onwards are also exempt, when these are sold at a price equal or less than the objective value, only if the objective value from 2007 until today remains unchanged.
2. The sale price is the one that is declared by the parties to the sale contract. The acquisition price is shown on the acquisition contract of the property, while on inheritances, gifts, etc. the acquisition price is the value on which the relevant tax is calculated.
3. For properties that do not have a purchase price, the sale price is deflated by the index of housing prices for the years it was retained, and is published by the Bank of Greece.
4. The amount of "accretion" resulting from the difference between the purchase price and the selling price is reduced in up to 40%. Especially for properties acquired between 1995 and 2002 the percentage of impairment is increased by 20% more.
5. In the case that adverse possession was completed before 31.12.1994, as acquisition price is considered to be then one at 1.1.1995.
6. In the case that the construction of the property was done with self- supervision as acquisition time is considered the time after five (5) years from the date of issue or two (2) years from the date of the planning permission renewal, unless the property transfer is made within these deadlines.
7. From the amount of accretion arised, 25,000 euros are deducted, and the remaining amount is taxed, provided that the property had been retained for at least 5 years.
8. Notaries are required to check the accuracy of all characteristics of the transferred property (retention time, etc.) but they are not responsible for items that were not required to check.
9. The capital gains tax is collected and retained by notaries and is delivered within five days to the public.
For a brief understanding of how the relevant provisions have shaped (Articles 41 and 43 of Law 4172/2013 Income Tax Code, as already amended WAS ADOPTED with the Ministry of Finance), we publish below a rough "coding", without any responsibility for any Article and provisions mismatches.
Article 41 . Transfer of property
1. Any income arising from accretion with pecuniary or property ideals that shares or rights in rem in immovable property or ideal that share or holding companies which derive more than 50 % of their value directly or indirectly from property and not a business activity , subject to personal income tax . In the concept of income of the previous section also falls to the market value of the building that is erected on land owned by third cost of the tenant and received by the third party at the expiration or termination of the lease agreement. As a transfer in accordance with this paragraph shall also include the contribution of real estate to cover and the recapitalization of a legal person or legal entity.
2. Accretion is the difference between the purchase price paid by the taxpayer and the selling price and is paid to him deflated according to paragraph 5.
Acquisition cost is determined as :
α) In the case of ownership due to consideration is the price or value of the consideration, as is clear from the relevant contract,
b) In the case of acquisition through an inheritance or transfer with gratis, the value of which was calculated based on inheritance tax, gift or parental benefit or exemption granted by him, as that value is clear from the relevant contract or any other public document.
c) In any other case , it is calculated as follows : Acquisition cost equals the conveyance price multiplied by the the house price index ( DTKat ) year of acquisition by the DTKat the previous year of the conveyance .DTKat means the average price index for urban areas for the period January - December of each year , as quoted by the Bank of Greece . If at the time of the conveyance an average DTKat has not been published, it is taken into account, the ratio of the immediately preceding year. The selling price is the amount stated in the contract price at the time of the conveyance, in the case of exchange, the assessed value of real property constituting the consideration for each party and if it does not exist , the taxable value . Any costs directly associated with the purchase or sale of the property are not included in the purchase price and the selling price. In the case that it is acquired by a third party building that has been erected in its territory at the expense of the lessee in accordance with the second sentence of the previous paragraph, goodwill is considered the objective value of the building. If the acquisition price cannot be determined shall be deemed to be zero.
3. Acquisition time is the time of acquisition of at least seventy-five percent (75%) of the transferred right to the property. If there is no clear acquisition time according to the first paragraph, the following shall apply:
a) The conveyance of a building erected by direct labor or under the system of compensation, as acquisition time is considered the time after five (5) years from the date of issue or two (2) years from the date of renewal of the building license, unless the conveyance is within the above limits.
b) In the case of an urban settlement of an entirely arbitrary construction, acquisition time is considered as the time shown as time of the erection and it is certified by the engineer at the relevant settlement request.
c) In the case of an urban settlement of a partially arbitrary construction, acquisition time is considered as the acquisition time of the statutory building.
d)In the case of an adverse possession, acquisition time is considered as the corresponding date of the twenty-first year, before the time of conveyance.
e) In the event that the conveyance of Article 41 Income Tax Code concerns a right which was acquired until the 31 December 1994, goodwill is considered to be zero. Especially in the case of adverse possession, if the relative time was filled before December 31, 1994, as acquisition time is considered the 1st January of 1995.
4. In cases where the determination of goodwill in accordance with the above paragraphs results in a negative amount, that goodwill will be equal to zero.
5. Goodwill in accordance with the above paragraphs degressive obtained by applying the following rates of impairment:
TABLE 1
Possession Years
|
Depreciation rate
|
Possession Years
|
Depreciation rate
|
1
|
100,0%
|
14
|
77,9%
|
2
|
98,2%
|
15
|
76,4%
|
3
|
96,4%
|
16
|
74,8%
|
4
|
94,7%
|
17
|
73,2%
|
5
|
93,0%
|
18
|
71,7%
|
6
|
91,2%
|
19
|
70,2%
|
7
|
89,5%
|
20
|
68,7%
|
8
|
87,8%
|
21
|
67,2%
|
9
|
86,1%
|
22
|
65,7%
|
10
|
84,5%
|
23
|
64,2%
|
11
|
82,8%
|
24
|
62,8%
|
12
|
81,1%
|
25
|
61,5%
|
13
|
79,5%
|
26+
|
60%
|
In the case of a property that subjects to the provisions of Article 41 and it was acquired from 1 January 1995 to 31 December 2002 the depreciation rate of the paragraph 5 is multiplied by a factor of 0.8.
|
6. Within the definition of the term conveyance for the purposes of this include:
a) The conveyance of full or high ownership, including real work, whether there is a conveyance under a suspensive or resolutive condition or with the condition of repurchase.
b) the establishment of an usufruct, habitation or other slavery
c) the waiver of property ownership or right in immovable property
d) the conveyance of title transfer coefficient,
e) transcription judgment in accordance with Article 949 of the Code of Civil Procedure, due to failure to give preliminary transfer or acquire any right for the cases a, b and d of this paragraph with a legal document binding only one party.
f) the disposal of property as a result of voluntary auction.
7. For the purposes of this Article, the following cases shall not be considered a conveyance of property:
a) transcription of a final court decision recognizing the right of ownership over the property to the client for exceeding the mandate of the trustee
b) transcription judgment of a court annulling a contract due to virtual conveyance of property,
c) validation of anomalous transactions which have already been included in taxable conveyances of paragraph 1,
d) the physical distribution or pooling of property or instrument of incorporation of horizontal or vertical property, if the ownership rates per co-owner are not changed.
e) exchange rates on properties acquired through an inheritance or parental benefit or spouses during the marriage
8. Fixing the value of the bare ownership, usufruct, adverse possession, personal bondage or other slavery on the property, the provisions of Articles 15, 16 and d of paragraph 1 of Article 40 of the Inheritance Tax Code , Grant, Parental Benefits, dowry and profit from gambling.
9. Since goodwill as occurs after impairment in accordance with paragraph 5, an amount is deducted, max, twenty-five thousand (25,000) Euros, where the taxpayer holded that property for five (5) years at least and capital gains tax is imposed on any remaining balance.
10. The Minister of Finance determined the purchase prices in special cases where it is not possible to determine in accordance with paragraph 2, as well as any other matter on the implementation of this article.
11. The natural person who acquires capital gain from the conveyance of property, according to the Article 41 he should pay to the notary when signing the contract transfer the amount of tax which corresponds to the goodwill in accordance with the Article 43.
Article 43. Tax rate
Income from goodwill conveyance of capital surplus is taxed at fifteen percent (15%).
Article 67 Submission of the declaration that calculates the capital gains tax from property conveyance.
1. The taxpayer who conveys property, he is obliged to declare all the details pertaining to the determination of capital gains tax, in accordance with provisions of Article 41, as applicable.
2. The notary has to verify and certify the accuracy of the statement in paragraph 1, in terms of time and possession cost and or shares of this or years of retention, and rates, sizes of DTKat and calculate the tax, and to endorse the declaration , which , under penalty of nullity of the contract attached to it . The notary is not responsible for those items is not been aware of and are not included in the contract.
3. As deadline of the declaration in accordance to Article 31 of the Tax Code is the time the conveyance contract is edited at which it is attached.
4. The tenant of the second subparagraph of paragraph 1 of article 41 should declare all the data that relate to the determination of capital gains tax of the building that is received by the third party. The statement of the previous paragraph constitutes direct determination of tax. Person liable for the tax is the third party.
5. For conveyances within the case e of paragraph 6 of Article 41, the acquirer shall declare the data that have to do with the determination of capital gains tax of the property. The statement of the previous paragraph constitutes direct determination of tax. Person liable for the tax is the acquirer.
6. The Minister of Finance determines the efficiency of the tax year and any other necessary for the application of paragraphs 4 and 5 hereof.
DECLARATION OF GOODWILL TAX CALCULATION FROM CONVEYANCE OF PROPERTY AND PERFORMANCE OF TAX ATTRIBUTION
INSTRUCTIONS FOR COMPLETING THE STATEMENT
- The date of the contract composition during its drafting, as this is considered the timing of the statement.
- At the indication "DATE OF ACQUISITION OF PROPERTY" the exact date (e.g 15/02/2013) of the acquisition of property should be written, to determine the number of years elapsed between purchase and sale, to apply the appropriate rate impairment. Note that the preceding interval is calculated as specified in Articles 241 and 243 of the Civil Code. Therefore, a period expressed in years ending just pass the corresponding date of the last year.
- The difference between the purchase price and the selling price of the property, which is subjected to tax, reduced by applying the rates of impairment from table 1 above.
Good luck with your sale!