Parental Gift To Children In Greece

Parental Gift To Children In Greece By Christos ILIOPOULOS* Athens, 24 September 2022 Parents can gift to their children immovable property located in Greece or cash, taking advantage of the zero transfer tax system. Each parent can transfer to each child property (real estate or cash) worth up to 800,000 euros without paying any transfer tax to the state. If the parent gifts cash, the transaction must be completed through the banking system and the parent must be able to justify tax wise the source of the funds. The deed of the parental gift of immovable property is drafted and executed at a notary’s office in Greece and requires a number of supporting documents, without which the deed cannot be signed, nor registered with the land registry. The parent and the child must sign in person a number of documents at public authorities in the course of weeks prior to the final transfer, as well as the deed of transfer itself at the notary’s office. If parent and child can’t be present in Greece to prepare and finalize the execution of the transfer, the entire procedure can be completed on their behalf by a proxy, usually an attorney, who will act in their name with a power of attorney (POA). Each principal (parent and child) sign a separate POA in the country of their residence. The POA is drafted by the lawyer and e-mailed to them with instructions on how they will sign it at a notary public or at the Greek Consulate. Parent and child must send photocopy of id card or passport to their attorney in Greece, and info on their full address, occupation and Greek tax number. If they do not have a Greek tax number, their proxy will file documents to issue one now for each party. The parental gift deed can be executed even if neither of the parties (parent and child) is a Greek citizen. Copies of the deeds of ownership of the parent must be provided. If they are not available, the lawyer can obtain them from the land registry or from the notary who drafted them. The parent must obtain a tax certificate that he/she does not owe taxes in Greece. A certificate that the parent does not owe social security contributions in Greece is also required in some cases and usually foreign residents do not have to provide this. If the property which is gifted is a plot, piece of land or house, a recently prepared survey map is required. In addition, a certificate by the local municipality must be issued, stating that the parent does not owe municipal taxes. The parent must provide the latest electricity bill, which must have been paid, or information on when the electricity was disconnected. Moreover, a civil engineer must inspect the apartment or the house, verify its technical condition, compare it with its actual situation and the building permit and issue the electronic identity of the structure. If the building has structural irregularities, they must first be legalized, before the parental gift deed can go through. Another requirement is the certified copy of the land registry record of the property to be gifted. A significant document is also the certificate by the tax office that the yearly property tax for the property to be gifted has been paid for the last five years. If the parent has obtained the ownership of the property to be gifted to the child from a donation or inheritance (estate) after 1-1-2004, a certificate from the tax authority is also required, stating that the donation or estate tax has been paid. The deed of parental gift is finalized by the notary and it is filed with the local tax authority. Once the deed is approved, the transaction can take place and then the notarial deed is registered with the local land registry. The parent and child must cooperate closely with their lawyer and notary in Greece, in order to provide documents and information, which will help issuing the above documents. Additional procedures and documentation may be required, depending on the particularities of the immovable property or on the specific facts of the case. *Christos ILIOPOULOS, attorney at the Supreme Court of Greece , LL.M. www.greekadvocate.eu e-mail: bm-bioxoi@otenet.gr