The living evidence, which has been renamed in “objective living expenses” are amounts set by the Ministry of Finance and they represent the minimum annual costs of use and maintenance of assets such as houses, cars, yachts, aircrafts and pools, but also amounts, which according to the Ministry of Finance, represent the minimum annual of expenses of the taxpayer for its standard personal living coverage (Articles 30-34 of Law 4172/2013 and Ministerial Decision 1073 / 26.03.2015).
Objective Expenses and Services
The annual objective living expenses based on the square meters of the owner-occupied or leased or under concession free primary residence are incrementally calculated as follows:
– up to 80 sq meters main areas, objective costs: € 40 per sq meter
– from 81 sq meters up to 120 sq meters main areas, objective costs: € 65 per sq meter
– from 121 sq meters up to 200 sq meters main areas, objective costs: € 110 per sq meter
– from 201 sq meters up to 300 sq meters main areas, objective costs: € 200 per sq meter
– from 301 sq meters and more sq meters main areas, objective costs: € 400 per sq meter
This is the general rule but there are also special cases mentioned.
The yearly objective expenses in this case, are calculated on the basis of the square meters of one or more owner occupied or leased or under concession free secondary residences, such as their utility rooms and this is set on the half (1/2) of the yearly objective living expenses of the previous case (primary residence and its utility rooms).
This is the general rule, but there are also cases, such as the lease for a specific period of time, vacant houses for longer than six months, vacant dwellings, over the six months, shared ownership etc.
The annual objective expenses for private cars are set as following:
a) For cars up to 1.200 cubic centimeters (c.c.) on € 4.000,
b) For cars with more than 1.200 c.c. € 600 are added per 100 c.c. up to 2.000 c.c.
c) For cars with more than 2.000 c.c. € 900 are added per 100 c.c. up to 3.000 c.c. and finally,
d) For cars with even more than 3.000 c.c. € 1.200 are added per 100 c.c. .
The above mentioned amounts of the annual objective car expenses are reduced depending on the age of the vehicle which is calculated from the release year in Greece or any country of the EU. The reduction is 30% for a period of over 5 years and up to 10 years and 50% for a period of over 10 years.
This is the general rule but there are also further rules in regards to specific cases.
In case the car is parked and not used, no costs are calculated for the period of no use.
The calculation of this kind of objective living expenses is based on the height of the school fees which are paid to the private elementary and secondary schools, as these are shown on the payment receipts the private schools are issuing.
Excluded are the expenses which are paid to evening / night high schools and to special schools for people with disabilities.
In the case of divorced parents, where one parent bears the children and the other parent pays the school fee for the children, the annual objective school expenses will be borne by the parent who pays those costs.
If the school fees are paid by a company in which one of the parents works, the objective cost still burdens this parent.
For the calculation of these objective living costs, the remuneration is taken under consideration which is paid to the domestic workers, the car drivers, to teachers and other personnel. This remuneration is set on the lowest level, as determined by the provisions in force for the corresponding category of workers.
Excluded are expenses which are paid in case the taxpayer employs a single household assistant, such as expenses paid in case either the taxpayer or a person who lives with him / her have a disability of 67% and more, either mentally or physically or are over 65 years and employs a nurse.
To determine these objective living expenses, the amount of the cost of mooring fees, the insurance, fuel, maintenance and brokerage are taken into account and are defined according to the vessel’s overall length measures.
The above concerns Private yachts, in ownership or possession of the taxpayer, the spouse, or the persons for whom he is tax liable.
The way of calculating the objective expenses for the ownership or possession of airplanes / aircrafts, helicopters and sailplanes of the taxpayer his spouse / her husband or the dependent persons, is as following:
a) For sailplanes the amount of € 8.000 has been set.
b) For an aircraft with a common engine, combustion and turbo propeller and helicopters, an amount of € 65.000 has been set, for an engine with the power of 150 horses. This amount increases by € 500 for each horsepower above the 150.
c) For Jets the amount has been set at € 200 for each pound of thrust.
d) For ultra light flight sport machines, which are subject of paragraph 1, Article 4, Nr. D2 / 26314/8802 / 27.07.2010 Regulation for ultra light flight sports machines, the annual living cost is defined at the amount of € 20.000.
This provision applies from 01.01.2011 onwards.
Further it has been clarified that:
These expenses are scaled as follows:
In € 160 per square meter for swimming pools up to 60 square meters and € 320 per square meter for swimming pools bigger than 60 square meters (this applies also in case the pool is assembled, since the law makes no distinction in these cases).
For indoor swimming pools the above amount applies doubled.
The objective expenses for swimming pools are calculated for the whole year and it is not limited to the months the swimming pool is used, either for the main or the secondary residence.
In cases of death where the transfer / acquisition of the residence take place within the year, the objective costs for the swimming pool are calculated on the months of use.
For swimming pools, which are located in apartment complexes, the annual objective expenses are allocated to the real estate owners and tenants based on the millimeters of each apartment in the plot.
If the pool is used by the tenants of furnished rooms or hotel guests (individual companies), the exploitation of which results in obtaining income from business activity, the objective expenses do not burden the entrepreneur.
It needs to be clarified, that the non use of the pool, has to be proven by a certificate of destruction.
The amount of € 3.000 has been set as the annual minimum living expenses for a single person (not married) or a divorced or widowed person, and the amount of € 5.000 for a married couple who jointly submit a common tax return, as long as they declare the real or estimated income.
The amounts are taken under consideration, which have been paid by the taxpayer, his wife / her husband or the dependent family members for the acquisition of assets.
Items of high value are the items considered of which the value exceeds the amount of € 10.000 including VAT such as paintings, gemstones, jewelry, furniture, artwork, etc.
The above costs are taken into account for the determination of imputed income, and it makes no difference if the assets have been purchased in Greece or abroad.
The same provision states as imputed costs the amounts, which are paid for the purchase of securities in general.
Crucial time for the calculation of the imputed costs amount is the time when the contracts are getting prepared for the transfer of the property, if paid full price and the use and property is transferred, otherwise the amount of expenditure will be allocated to the tax years the installments are paid.
In a construction of a building, if the construction lasts longer than a year, in each year as expenditure amount will be the equivalent amount calculated of the building costs of the same year, unless the construction completion time has been agreed as payment time.
The amounts of money which are paid for renovation or maintenance of a residence are not considered as asset acquisition cost. But if it comes to additions, extensions, then there is a question of acquisition cost.
Further, in case of a building construction by a lessee at its own expense in the territory of a lessor the construction cost burden the lessee who undertakes the construction and who actually pays the funds to cover this expenditure.
As asset acquisition costs are considered also the annual costs for donations, parental benefits or sponsorships of amounts of money, as long as these exceed annually the € 300, except of donations to the public sector and its carriers.
Excluded are donations or sponsorships to charitable institutions, the domestic private entities legally established organizations, which pursue charitable purposes, and the non-profit domestic private legal entities which have been legally established, as long as they pursue cultural purposes.
In the amount of these expenses is the amount of their interest included, in which also the default interest is included. The amortization of loans and credits of any form is considered as acquisition cost, which burdens the loan recipient.
In any case the fact is taken under consideration who in reality is paying the relevant amounts.