2023-12-31 12:25:20
By Law no. 296/2023, the fiscal regime of social housing supplies was changed, in the sense that the sale of these categories of housing when they are new constructions, is carried out with the VAT rate of 9%, when the sale takes place following January 1, 2024, and the beneficiaries they are natural persons.
Ghencea Extension 2 social housing districtPhoto: PMB
Another change in relation to the delivery of social housing consists in clarifying the phrase “livable as such” which defines the qualities that the respective housing must meet from the perspective of delimitation from third parties, of having a rest space and a space of food production, the existence of sanitary installations and access to a sanitation system, the provision of doors, windows and other similar elements, etc.
The legislator limited the possibility of purchase by a person or a family to a single social housing with a reduced VAT rate of 9%, when the purchase takes place following January 1, 2024.
As the law is formulated, the possibility of purchasing a single home with a reduced VAT rate does not take into account if, before December 31, 2023, the same natural person purchased another social housing with a reduced VAT rate.
In order to keep track of the sales of social housing with a reduced VAT rate, the Register of purchases of housing with a reduced VAT rate is being re-regulated, usable from January 1, 2024, in which the public notaries who authenticate the exchange of ownership of social housing will perform the registration to people who purchase social housing with a reduced VAT rate.
The persons who have the right to complete in this register are notaries public, who must complete in detail the identification data of the buyers, the identification data of the seller, the identification data of the home address, the number and date of the document of the transfer of ownership, the taxable value of of the home, the identification data of the notary in front of whom the ownership transfer was made.
The public notary has the obligation to check the data filled in this register, and before authenticating the ownership transfer contract, he must verify that the value of the social housing, exclusive of VAT, does not exceed the amount of 600,000 lei.
After making the entries in this register, the computer system issues a certificate confirming the fulfillment of the notary’s obligation to make the entry, which is archived together with the documents of the respective transaction.
To remember: the normative act also provided for the application of the derogatory measure to maintain in 2024 the reduced VAT rate of 5%, if by December 31, 2023, “between living” contracts were drawn up, whereby an advance is paid this year total or partial, for a social housing deliverable in 2024. The normative basis regulates the retrieval of this information from the current Register regarding social housing.
N.Red: Adrian Bența is a tax consultant, and an old collaborator of HotNews.ro
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