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Tax treatment of short-term leases in the context of the sharing economy (Airbnb type)

Amendments to the legal framework regarding the short-term lease of real estate in the context of the sharing economy were brought by Law 4472/17 as well as POL.1187 / 2017. & Nbsp; This facilitates the implementation of tax legislation and regulates leases within the sharing economy, as they have developed in the country to date.

In terms of taxation, the income derived from natural persons from the short-term rental of real estate in the sharing economy is income from real estate, provided that the property is leased furnished without the provision of any services other than the provision of bed linen < strong>.

In case any other services are provided, this income constitutes income from business activity of article 21 of the CCA (law 4172/2013), as in force.

Income obtained from legal entities or legal entities from the short-term lease of real estate in a sharing economy is considered income from real estate.

The income obtained from the short-term lease of real estate of the sharing economy is exempt from VAT.

In terms of the conditions for short-term leasing in the context of the sharing economy, real estate means:

  • the apartment,
  • the detached house, with the exception of detached houses which have been designated as such due to the abolition of the horizontal property establishment,
  • any other form of housing with structural and functional independence,
  • rooms within apartments or detached houses. The "Properties" available for short-term lease can be single rooms, or rented in installments.

Short-term lease is defined as the lease of a property concluded through digital platforms for a specific period of time, less than a year .
Short-term rental property manager is defined as the natural or legal person or any legal entity that undertakes the process & nbsp; short-term lease on the digital platforms of the sharing economy with mandatory entry of its registration number in the "Register of Short-Term Residence Properties". Also, the short-term lease property manager performs per "Property", against the tax administration:

  • registration in the "Register of Short-Term Residence Properties",
  • the submission of the "Declaration of Short-Term Residence" per tenant,
  • the entry in the "Register of Real Estate of Short-Term Residence" of data (co-beneficiaries, percentages, etc.) necessary for the determination of the annual income, per beneficiary of income,

"Property manager" can be either the owner of the property or the usufructuary or lessor or a third party.

In cases where property managers have a Special Operation Mark (Ε.Σ.Λ / E.O.T), they are exempted from the obligation to register in the Register of Short-Term Residence Properties.

The administrator who does not have a Special Operation Mark (ESL), is obliged to submit & nbsp; Short-Term Residence Declaration at A.A.D.E. and does not submit IT Lease Information Declarations.

Real Estate Lease Information Statements are required to be submitted by the owner of the property in any way (eg nominee, usufructuary) if he assigns the management of the property to a third party.

In cases where the above are not applied by property managers, significant fines are imposed.

Specifically, an independent administrative fine of five thousand (5,000) euros is imposed on property managers. In case of non-compliance, the fines can reach up to four times the amount originally imposed.

In case of non-submission or submission of an inaccurate "Declaration of Short-Term Residence" a fine equal to twice the rent is imposed on the administrator of the property as it appears on the digital platform on the day of the audit.

In case of overdue Declaration of Short-Term Stay, an independent administrative fine of one hundred (100) euros is imposed.

Finally, geographical areas may be designated by the ministry, where restrictions will be placed on the availability of real estate for short-term lease regarding the amount of real estate to be leased or the lease days.