The Amending VAT Law (Ν.42(I)/2023) which was passed by the House of Representatives and published in the Government Gazette on 16 June 2023, introduced important changes to the application of the reduced VAT rate on the supply or construction of a dwelling to be used as the main and permanent place of residence.
The amending law provides that the reduced VAT rate of 5% will apply to the first 130 m2 of buildable residential area of a property and for the maximum value of €350.000, provided that the total buildable residential area does not exceed 190 m2 and the total value of the transaction does not exceed €475.000.
We would like to remind you that prior to the amendment, the reduced VAT rate was imposed on the first 200 m2 of buildable residential area without any limitations neither in terms of the total buildable area nor the value of the residence.
Furthermore, the amendment provides that in cases of persons with disabilities, the reduced VAT rate will be applied on the first 190 m2 of buildable residential area, regardless of the total buildable area of the residence. However, the limitation on the maximum value of €350.000 still applies, on the condition that the total value of the transaction does not exceed €475.000.
A transitional period is also provided for, during which the new provisions will not apply in cases where a planning permit has been secured or an application has been submitted to obtain a planning permit by 31 October 2023, and on the basis that the duly completed application for the reduced VAT rate is submitted to the Tax Department within three (3) years from the commencement date of the amending law i.e., until 15th June 2026.
Calculation method in case the area and/or value exceeds the lower limits
We expect that the Tax Department will soon publish further clarifications to define the calculation method when the area and/or value exceeds the lower limits of 130 m2 and €350,000 respectively.
Submission of a new application before the end of the ten-year period
According to the past provisions, a person who submitted a reduced VAT rate application for the acquisition of a new residence before the lapse of a ten-year period since the delivery of the old residence, had to pay the entire VAT benefit from the application of the reduced rate related to the old residence.
As per the new provisions, in cases described above, the amount to be paid to the Tax Department shall be the proportion of the VAT benefit attributable to the remaining period for which the old property shall not be used as the main and permanent place of residence.
Transfer of the dwelling to an adult child
The amendment has also corrected an inaccuracy in the past law which refers to cases of transferring the dwelling to an adult child.
As per the new provisions, no payment is required if the beneficiary transfers the dwelling to one of their adult children, provided that the child meets the necessary criteria to benefit from the application of the reduced rate at the time of the transfer.
In such case, the eligible adult child may move in the dwelling and assume the responsibility of paying the VAT benefit if he/she ceases using the residence as the main and permanent place of residence before the lapse of the ten-year period. It is also noted that in such case the Tax Department should be notified in writing.
It is further noted that no payment of VAT benefit is due, in case the dwelling’s ownership is transferred from a parent to a child, while the parent continues to live there.