Clarifications regarding the tax treatment of short-term real estate leases, starting from 1.1.2024 onwards, are provided by the Independent Public Revenue Authority in order to facilitate taxpayers in the proper fulfillment of their obligations. With a circular from the Governor of AADE, Giorgos Pitsilis, both general issues and more specific cases of short-term leasing are clarified. However, POMIDA finds that with this decision, very serious problems are created at the expense of taxpayers due to the expansive way in which certain provisions of Law 5073/2023 are interpreted.
Especially, according to D.T. of AADE :
I. Natural Persons
The income they obtain from the short-term rental of real estate is considered income from:
- real estate and is exempt from VAT, as long as the short-term rental concerns up to two (2 ) real estate
- business activity and is subject to a reduced VAT rate of 13%, as long as the short-term lease concerns three (3) properties or more.
In this case, the income of individuals of persons to fall into the corresponding category, are taken into account:
- the number of Property Registry Numbers (AMA) that have been registered, which is not necessarily the same as the number of properties. In cases of separate use of rooms in the same property, more AMAs correspond. For example, if three (3) rooms are available separately in the same apartment, with different AMAs, the respective incomes will be treated as income from business activity and will be charged with VAT at 13%.
- the intention to exploit these properties , which is evidenced by their registration in the Register of Short-term Accommodation Properties, without examining the acquisition or non-acquisition of income from their exploitation.
II Legal Entities
The income they obtain from the short-term rental of properties is taxed as income from business activity in any case, regardless of the number of properties from which it comes and is subject to a reduced VAT rate of 13%.
Furthermore, it is clarified that the persons who appear as beneficiaries of income in the Register of Short-term Accommodation Properties, i.e. natural persons who operate more than two properties and legal entities regardless of the number of properties, are required to:
- proceed in a declaration of initiation or change of KAD, within thirty (30) days from the issuance of the Circular. They have the possibility to submit the declaration within the same deadline and those natural persons who should have submitted it on an earlier date, referring back to the actual start/change date,
- pay a temporary resident fee,
- include a climate crisis resilience fee (TAKK) when issuing the special data – collection receipts.
However, it is emphasized that natural persons who operate up to two (2) properties are also required to include a TAKK when issuing the special data – collection receipts.
It is noted that the above concerns leases that are considered short-term, according to article 111 of Law 4446/2016, i.e. whose duration does not exceed 59 days.
We quote the entire text of the above decision.
