As of January 1, 2019, the requirement to submit a tax return for the acquisition of real estate or limited property rights has been abolished.
Until now, individuals and legal entities had to submit such a declaration within two months of the completion of a transaction. This information on real estate transactions will now be provided within 7 days by the notary and the Registry Office.
Art. 14. (3) (New - SG No. 98 of 2018, in force from 01.01.2019) Tax declarations for taxation with an annual tax shall not be submitted for the properties and limited real rights acquired in a compensatory or gratuitous way under section third of this chapter.
Section 3, Art. 44. (1) Property acquired by donation, as well as real estate, limited property rights over them, and motor vehicles acquired by way of compensation are subject to taxation.
(2) Property acquired free of charge in other ways, as well as debts repaid through forgiveness, are subject to taxation in the amount of donation tax.
(3) (New - SG No. 95 of 2009, in force from 01.01.2010) Tax on the free acquisition of property is also due on the acquisition of immovable properties and limited real rights over them by statute of limitations.
FOR BUILDINGS AND CONSTRUCTIONS THAT ARE NOT SUBJECT TO COMMISSIONING
The obligation to submit a tax declaration is reserved for the owners of newly built buildings and structures that are not subject to commissioning in accordance with the Spatial Planning Act. This requirement will apply from January 1, 2020.
FOR BUILDINGS AND CONSTRUCTIONS SUBJECT TO COMMISSIONING
After completion of the building in rough construction for buildings that are subject to commissioning under the ZUT, from 01.01.2020, the contractor of the construction will be obliged to provide the necessary data for determining the tax to the employees of the municipal administration. There is no provision for submitting a tax return.
THE TAX LIABILITY WILL ARISE:
1. Within 2 years of construction of the building in rough construction - established by employees of the municipal administration with a certificate under Art. 181, para. 2 of the ZUT, when the building has not been put into operation or a permit for use has not been issued within this period;
2. Within a 1-year period from the drawing up of Act form 15 - when the building has not been put into operation or a permit for use has not been issued within this period; the person exercising construction supervision or the technical manager (for constructions of the fifth category) will have the obligation to provide a copy of the drawn up Act model 15 to the tax office of the municipality within one week of its drawing up;
3. From the beginning of the month following the month in which the buildings are completed - the fact of completion will be established with a certificate for putting into operation or a permit for use, issued according to the order of the ZUT, as well as with a certificate under Art. 54a, para. 3 of the Law on the Cadastre and Land Registry, that information about the new building is entered in the cadastral map.
Hypotheses under points 1 and 2 will be established with a statement of findings drawn up by municipal officials. The taxable person can dispute the findings in the act within 7 days of notification.
In the cases referred to in point 3, the authorities issuing the relevant document will ex officio provide a copy of it to the tax office of the municipality within one week of its issuance.
