New targets for tax audits: inheritance, benefits, gifts

Thousands of old cases of inheritance, parental benefits and real estate gifts are becoming the object of attention of the tax authorities.

Reviews will focus on 2017 cases that are the deadline for the tax department to issue a tax adjustment act on December 31, 2023.

Investigations concern real estate objects outside the property system, in which the taxpayer has not accepted the preliminary valuation of the tax authority, the difference between the declared value and the preliminary valuation exceeds 30%, or the preliminary valuation is more than 100,000 euros. By his decision, the director of AADE gives instructions on the conduct of inspections, according to which:

• In 2022, desk audits are carried out by departments or departments of compliance and work with taxpayers of the tax authorities in order to determine the correct application of Article 54A of Law No. 4174/2013 (ENFIA). 4174/2013 (ENFIA certificate) by notaries and/or mortgagees/land registry managers.
• Audited cases are classified by department according to the risk analysis criteria in the appendix to this document, which are not made public.

It should be noted that we are talking about the verification of 2,500 contracts, which will be carried out both in relation to the notaries who compiled them, and in relation to the pledge holders or heads of the land registration authorities who accepted them for registration, in order to identify violations of tax legislation, especially after the “tsunami” transfers caused by an increase in the tax threshold to 800,000 euros for parental transfers.

They, as responsible persons, also face fines in case of discovering errors due to which the state did not recover the amount due from the person transferring the property.

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