Of Dimitris Katsaganis
The new order of the Ministry of Labor is expected to give impetus to the purchase and sale of real estate, which brought days ago to vote in Parliamentaccording to which insurance information will be given to those who want to transfer real estate only with the ones certified by the Insurance Debt Collection Center (KEAO).
This means that the “content” of the certificate – awareness of debts, the current insurance contributions borne by the seller of a property are not included, but also the overdue debts which have not managed – during the transfer of the property – to join the KEAO.
As the debts registered in the debt certificate must be repaid before the transfer (ie as it usually happens to be “offset” with the sale price as they are deducted from it during the notarial deed of transfer in order to be paid to e-EFKA), through the inclusion only of the debts confirmed in the KEAO, the bar of “set-off” is lowered and thus a larger part of the sale price remains in the seller’s pocket.
For example, even a property owner sells it for 100,000 euros. However, it has insurance debts (overdue and current) amounting to 4,000 euros.
Under the current regime, this owner will receive a certificate of debts from e-EFKA for these debts and then will have to repay them in order to sell the property. Thus, he will have net 96,000 euros left.
Of the aforementioned insurance debts of the example (4,000 euros), those corresponding to 1000 euros are current contributions.
Under the new regime (ie the one that will take effect after the expected adoption of the new provision), the debts of 1,000 euros will not be included in the certificate – information that the seller of the property must receive from e-EFKA in order to proceed to its sale.
Therefore, he will have to pay only 3,000 euros to the funds when selling his property. Thus, he will have a net of 97,000 euros, ie 1,000 euros more than those that he would receive based on the existing awareness regime.
The new regime
More specifically, the new regime that will be formed after the expected vote of the new provision of the Ministry of Labor, is as follows:
The following conditions apply to the transfer of immovable property or to the establishment of a right in rem over it:
a) If there is a regulated debt and the terms of the regulation are observed, a proof of insurance awareness is issued, if the debt is secured.
The debt is considered secured especially when real security is provided to another property owned by the debtor or when a letter of guarantee from a credit institution of equal value is presented.
If the debt is not secured, a debt certificate is issued, which is subject to an insurance awareness position, subject to the withholding from the price of the amount up to the amount of the debt.
b) If there is a debt that is not regulated, a debt certificate is issued, which is subject to insurance awareness for the purpose of the transfer, with the additional condition of withholding the amount of the debt from the price and its return to the relevant body by the notary,
c) In cases where the price from the transfer of real estate is not less than its objective value and is not sufficient for the full repayment of the amount indicated in the Certificates of Debt to the Tax Office and the social security institutions, it satisfies the requirements of the Tax Administration. requirements of e-EFKA, after the full payment of taxes on inheritance, donation, parental benefit and EN.F.IA. and the issuance of certificates of the Code provisions for taxation of inheritances, donations, parental benefits and winnings from gambling.
For the transfer of a property due to a charitable cause, if there is a debt, regulated or not, a proof of insurance awareness is issued for the purpose of the transfer or the concession, provided that there is an equal guarantee of it.
For the purposes of this application, for the issuance of the proof of insurance awareness and the debt certificate that assumes the position of insurance awareness, only the debts confirmed at the time of submission of the request are taken into account.