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Tax Law

Documentation requirements for taxpayers under Greek law – rights of access of the tax administration

Article 13 of Law 4174/2013 (Hellenic Tax Procedures Code) states that all persons with income from business activities are obliged to keep a reliable accounting system and suitable accounting records in accordance with the accounting standards specified in Greek law in order to prepare financial statements and other information in accordance with the tax laws. The accounting system and accounting records are examined as a whole, and not individual parts thereof, in terms of their reliability and suitability. “Accounting records, electronic tax registers, tax memories and files generated by electronic tax registers” must be retained for at least: (a) a period...

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Alternative taxation method pursuant to Article 5A of Law 4172/2013, as added by Law No 4646/2019 (Greek Government Gazette No A’ 201/12.12.2019)

Pursuant to the recent legal framework [Article 5A of Law 4172/2013], an individual who transfers his/her tax residence in Greece may be subject to an alternative income tax regime. The requirements which must be met are the following: a) The individual concerned has not been a tax resident in Greece for the previous seven (7) of the last eight (8) years; Cases:  Whether the individual appears in the records of the Tax Administration as a foreign tax resident for the previous seven (7) of the last eight (8) years, no supporting documentation is required.  Whether information proving the individual's tax residence during the...

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Upcoming tax developments in Greece

VAT Suspension of the imposition of VAT on construction activity for the following three (3) years. Reduction of VAT rates from 13% to 11% and from 24% to 22% within the following four (4) years, especially for baby essentials. Gradual imposing of e-business invoicing (B2B) and e- accounting books.   Real estate tax Reduction of the Unified Real Estate Property Tax (hereafter EN.F.I.A.) rates within the next two (2) years. Suspension of the imposition of goodwill tax on the transfer of property for the next three (3) years. Tax deductions for the expenses related to energy functional and upgrading of...

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Recent developments in Greek taxation and corporate compliance issues

1. Greece has adopted the EU anti- tax avoidance Directive (ATAD) through a new law, which is in force from 1.1.2019 onwards. The rules transposed in domestic law amended the following provisions: 1.a. The Greek thin capitalization rules (article 49 Greek Income tax code) were reformulated in order to fully comply with the Directive. However, no significant changes were made in relation to the previous provisions system, which complied with the Directive to a great extent. Specifically, excess borrowing costs are deducted in the tax year in which they are occurred only up to 30% of the company’s earnings before taxes,...

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The procedural aspects (step-by-step) of the filling of the tax return related to the gain from the transfer of shares

Tax residents in Greece should submit electronically, via their personal account on the official website of the Ministry of Finance (hereinafter “taxisnet”), a tax return in which they should declare their worldwide income, as well as the tax deducted abroad. ...

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The distinction between tax on rental income and tax on capital profits from selling assets acquired by Greek S.A. Companies. The deductible expenses (Is ENFIA a deductible expense?)

Income Tax Code, all revenues acquired by legal entities of Article 45 of the Income Tax Code, including income from lease of property and goodwill deriving from the transfer of property for value, are considered as income from business activity and taxed...

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The differences to the tax treatment of the rental between tourism and residential property in the case of a local branch of a foreign company and the accounting treatment of the branch.

Τhe accounting treatment of the branch, the accrual accounting principle applies i.e. the transactions made during the tax year in the relevant accounts between the head office and the branch are only monitored while the incorporation of the financial data of the branch into its accounts taking place at the end of the tax year....

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The tax treatment of fixed assets and equipment depreciation costs related to Research & Development (R&D expenses)

What is the tax treatment of fixed asset and equipment depreciation for the 2018 tax year? Examination of the possibility of expenditure in past years on building improvements and equipment purchases being depreciated during the 2018 tax year given the change in the tax regime (at what rate should this be done and for how many past years?) For the R&D applications submitted for tax years 2016 and 2017, which is the deadline for the General Secretariat for Research & Technology issuing a decision on these applications....

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