In this context, every social and economic partner, as well as every interested citizen, is invited to participate in the public consultation, submitting their proposals for any improvement of the provisions of the above legislation.
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The consultation will last until 21 November 2022, Monday.
The proposed provisions introduce necessary legislative interventions in the field of taxation, a new integrated framework for the operation of the state aid network and regulations of a more general economic and development nature are established.
I invite you to participate in the public electronic consultation, formulating your views and comments to improve the provisions hereof.
Sincerely,
Christos Staikouras
Minister of Finance
The basic provisions of the bill, according to its explanatory statement, are as follows:
Article 1
Extension of the possibility of being subject to the VAT suspension regime ( VAT) on real estate – Amendment of Article 6 of the VAT Code
Extended until 31.12.2024, the possibility, of builders of buildings for sale subject to Value Added Tax (VAT), to choose to be subject to the tax suspension regime, so that the delivery of real estate is not charged with VAT, with the same terms and conditions and with a simplified procedure.
Article 2
Extension of validity of reduced and super-reduced rates of Value Added Tax (VAT) for certain goods and services – Amendment of Annex III of the VAT Code
Extends until 30.6.2023, the subjection to a reduced or over-reduced VAT rate of thirteen percent (13%) and six percent (6%) respectively, of certain goods and services and specifically in terms of :
A) GOODS:
Aa) of the over-reduced rate of VAT. A., six percent (6%), for hemodialysis filters and lines, hemofiltration, hemodialysis and plasmapheresis,
Ab) of the super-reduced rate of VAT .A., six percent (6%), for the means of personal hygiene and protection of par. 50 of Annex III of the VAT Code (protective masks and gloves for medicine, soap and other preparations for personal hygiene, antiseptic [solutions , wipes and other preparations]),
A) of the reduced rate of VAT, thirteen percent (13%), for non-alcoholic beverages of DK EX2202 and the carbonated waters of DK EX2201, Ad) of the reduced rate of VAT, thirteen percent (13%), on the import of art objects, collections or antiquities and the delivery of objects of artistic value of par. 52 and 53 of Annex III of the VAT Code. and Ae) of the super-reduced rate of VAT, six percent (6%), for defibrillators.
B) SERVICES:
Ba) of the reduced VAT rate, thirteen percent (13%), for the transport services of persons and their luggage,
Bb) of the reduced VAT rate, thirteen percent (13%), for catering services,
Bc) of the reduced VAT rate, thirteen percent (13%), on cinema tickets,
Bd) of the reduced VAT rate. VAT, thirteen percent (13%), on zoo tickets,
B) of the reduced rate of VAT, thirteen percent one hundred (13%), for the services provided by gyms and dance schools, as long as the services provided by these schools are not exempted by article 22 of the VAT Code
Article 3
Definition of evidence for the transfer of the minimum amount of the investment for the inclusion in article 5A K.F.E. and completion of authorizing provisions – Amendment of par. 3, 5, 9 and 10 of article 5A of the C.F.E.
Article 4
Addition of transitional provisions and extension of the deadline for submission of applications for applications to be included in the alternative method of taxation for the years 2020, 2021 and 2022 of article 5 A of the C.F.E. – Amendment of par. 81 of article 72 of the C.F.E.
The issue faced by the assessed regulations of articles 3 and 4 is found in the need to supplement and amend the existing legislative framework, for the inclusion in the alternative taxation regime of article 5A of the Income Tax Code (C.F.E., n. 4172/2013, A ‘ 167), which arose during the first years of implementation of the provision, with the aim of creating a functional and attractive framework for attracting investments in Greece.
Article 5
Extension of the income tax reduction for building upgrade costs of article 39B C.F.E. – Amendment of par. 14 article 66 of law 4646/ 2019
With the assessed regulation, the provision of forty percent (40%) tax credit for the costs paid by citizens for the energy, functional and aesthetic upgrading of their buildings. It is envisaged that the personal income tax deduction will be provided for building upgrade costs incurred until December 31, 2024, instead of the planned date of December 31, 2022, distributed equally, as is currently the case, over a period of four (4) tax years and for maximum total amount of expenses up to sixteen thousand (16,000) euros. A necessary condition for the tax reduction is their proof through legal documents and their payment by electronic means of payment. The proposed arrangements are part of the incentives provided for the green transition of the economy and society.
Article 6
Extension of the suspension of the validity of article 41 C.F.E. for the imposition of capital gains tax from the transfer of immovable property – Amendment of par. 33 of article 72 of the C.F.E. additional years, the suspension of the validity of article 41 of the Income Tax Code (C.F.E., efarmoghs-tou-n-4046-2012-tou-n-4093-2012-kai-tou-n-4127-2013-kai-alles-diatakseis”>n. 4172/2013, A’ 167), which imposes capital gains tax on the transfer of immovable property. The validity of article 41 of the Civil Code has been suspended consecutively from 1.1.2015 until 31.12.2022. The proposed provisions are part of the wider framework of regulations to stimulate the real estate market and the construction and technical sector in general.
Article 7
Issuance of a tax determination act in every case of submitting an amending declaration in capital taxation – Amendment of par. 5 Article 8 n. 1587/1950 and par. 3 of article 84 Taxation Code of Inheritances, Donations, Parental Allowances and Winnings from Games of Chance
With the evaluated regulation, the control by the Tax Administration is abolished, in cases of submission of an amending declaration of real estate transfer tax or an amending declaration of inheritance, donation and parental benefits tax resulting in a tax reduction of more than three hundred (300) euros, as well as in any subsequent amending declaration , regardless of the amount of tax reduction, and an authorizing provision is established for the issuance of a decision by the Governor of the Independent Public Revenue Authority (AADE) that determines the instruments, conditions, criteria, manner, procedure and any other necessary detail for the verification of correctness and completeness of the submitted amending capital tax returns which reduce the taxable value.
Article 8
Extension of the reduction of tourist bus traffic fees also for the year 2023 – Amendment article 20 of Law 2948/2001
With the evaluated regulation, the possibility is provided to the owners of tourist buses, whose economic activity has been affected by the necessary and extraordinary measures taken to deal with and limit the corona virus, to pay reduced traffic fees, corresponding to those paid by intercity buses for the year 2023. The same reduction also applied in the years 2021 and 2022 in the context of taking financial support measures for businesses affected by the effects of the COVID-19 coronavirus pandemic.
Article 9
Suspension of application of paragraph c of paragraph 6 of sub-para. A.2 of paragraph A’ of the first article of -2012-4093-2012-kai-4127-2013″>n. 4152/2013 on the certification by an independent appraiser and the provision of a guarantee, assurance or security in rem for debt settlements
The extension of the suspension of the validity of para. c’ of par. 6 of subpar. A.2 of paragraph A of the first article of 2012-4093-2012-kai-4127-2013″>n. 4152/2013 (A’ 107), for one more year, and specifically from 28.10.2022 to 27.10.2023 is deemed necessary, in order for the permanent regulation of n. 4152/2013 to adapt to the current economic situation, to remove the barriers to inclusion, related to the appraiser’s certificate, guarantees and security in rem, to the regulation in question and to make it easier for citizens and businesses to settle their obligations them to the Tax Administration. Guarantees or liens that may have been provided pursuant to the relevant provisions remain valid. The aforementioned facilitation of the debtors also covers the permanent arrangements already granted, while with the resumption of validity of the relevant provisions after the end of the suspension, the obligation to present the above supporting documents and guarantees will not occupy the arrangements already granted during the suspension.
Article 34 Determining the value of real estate – Amendment of par. 1A of article 41 of Law 1249/1982
In par. 1A of article 41 of Law 1249/1982 (A’ 43) the eighth, ninth, tenth and eleventh paragraphs are added as follows:
“Especially for the zone prices that apply from January 1, 2022 based on the joint decision of the Minister and the Deputy Minister of Finance under item 57732 EX 2021 (Β΄ 2375) the municipalities may from 1.12.2022 until 31.12.2022 submit the opinion of the seventh paragraph on the zone prices of their area competence. The opinions are filed electronically in the database maintained at the General Secretariat of Public Administration Information Systems of the Ministry of Digital Governance and are accompanied by every real evidence, which goes back to the period of data collection, as defined by the decision of the Minister of Finance under items 8843 EX 2020 ( II 130). The Commission, after accessing the database of the second paragraph, examines the opinions without prior recommendation of the Independent Department of Appraisals and Determining Real Estate Values, and recommends to the Minister of Finance the zones for determining the starting prices for which there is a strong possibility of the need to repeat the process . The Minister of Finance may, based on this recommendation, decide to repeat the procedure.”
