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Iason Skouzos - TaxLaw > Special topics (Page 10)

Establishing an office pursuant to Emergency law 89/1967 (Law 3427/2005)

Article 1 of Emergency Law 89/1967, as amended by Law 3427/2005 allows foreign companies to establish themselves in Greece for the sole purpose of providing their central offices or undertakings affiliated with them (within the meaning of Article 42e of Law 2190/1920) not established in Greece with consultancy services, central accounting support, production quality control services for products, procedures and services, or for the purpose of preparing studies, designs and contracts, or engaging in advertising and marketing, data processing, data collection and R&D. In order for foreign companies to come within the scope of the provisions of that Law, an application...

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Taxation of offices established pursuant to Emergency Law 89/1967 (Law 3427/2005)

Article 2 of Emergency Law 89/1967, as amended by Law 3427/2005 and Law 3752/2009, states that the gross income of such companies from the services they provide, which must necessarily be collected via bank transfers, must be computed by adding a mark-up to all manner of expenses and depreciation, other than income tax (the cost-plus method). The mark-up applied by each company is determined based on the criteria contained in the regulatory decision of the Ministry of Economy & Finance following an inspection by a Committee established by the Ministry, whose members are appointed by the Minister himself. That mark-up is...

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Residence permits for foreign employees and legal representatives of offices established pursuant to Emergency Law 89/1967 (Law 3427/2005)

Article 17(1)(d) of Law 4251/2014 (the Hellenic Immigration Code) allows third country citizens who are employees and legal representatives who will work exclusively in companies in the Law 3427/2005 scheme to enter Greece after they have obtained a Greek entry visa. These third country citizens will be given a 2-year residence permit or a permit valid for the length of their planned stay in the country, which may be renewed every 3 years provided they continue to meet the conditions laid down by the law. Third country citizens may be accompanied by family members who will receive a residence permit...

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Explanatory Circular no 58037/2014

Athens 8 of April 2015 Pr. No 58037/2014 Holders of residence permits for other reasons  Third country citizens entering or permanently residing in Greece for one of the reasons cited in Law 4251/2014 who apply to obtain or renew a residence permit of a type which allows them to be insured with a private insurance provider, can submit: • Insurance contracts entered into abroad, provided those contracts expressly indicate that they cover the person concerned for such time as he resides in Greece or • Insurance contracts entered into in Greece. The contracts will be accepted if they do not include deductibles and special additional covenants...

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The electronic signature in Greek law

By virtue of Presidential Decree 150/2001, Directive 99/93/EC of the European Parliament and of the Council on a Community framework for electronic signatures was incorporated in the Greek law. Pursuant to such framework, an electronic signature, namely data in electronic form which are attached to or logically associated with other electronic data and which serve as a method of authentication is regarded as legally equivalent to hand-written signatures both in substantive law and in civil procedure law only if the essential and formal requirements laid down below are fulfilled. Essential requirements to be met so that the electronic signature is regarded as...

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Is it possible for a third country national to work in Greece without a corresponding residence permit?

Law 4251/2014, besides the already existing residence permits that give the holder access to labour market, provides a new, more flexible way for people who want to work in Greece for a short period of time. This would be a visa D type or National Visa, granting residence for business for a certain period of time up to 1 year, that is not followed by a residence permit. The above visa cannot be renewed, and applies only to the following categories of persons/activities: a) Seasonal employees (Seasonal employment of third-country nationals is their employment in Greece for a period of up to...

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Ministerial Decision no 53821/2014

A. Third country citizens entering or permanently residing in Greece for one of the reasons cited in Law 4251/2014 who apply to obtain or renew a residence permit of a type which allows them to be insured with a private insurance provider, shall be obliged on the date they submit the relevant request, to submit: a) Insurance contracts entered into abroad, provided those contracts expressly indicate that they cover the person concerned for such time as he resides in Greece or b) Insurance contracts entered into in Greece. B. To meet the provisions of Article 6(e) of Law 4251/2014 the coverage under the...

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Voluntary support from the ship-owners sector is extended to four years

750 million euro contribution to the economy More than 420 million euro will be contributed to the Greek State funds in the next four years by the shipping industry as a voluntary benefit in addressing the economic crisis. With an amendment that was introduced to the Parliament yesterday, a solution was given to the problem that had been caused by the unconstitutional, as was described, compulsory taxation of the shipping industry for three years, raised with the Article 14 of Law 4223/2013 by the former Minister for Finance, Yiannis Stournaras, and was never implemented. With a new amendment that was introduced to the...

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The general anti-avoidance rules in Greek law – Article 38 Law 4144/2013

Under the article 38 of the Tax Procedure Code (KFD), a general provision against the abuse of possibilities and discretions of configuring legal relations provided by legislation to the extent that this aimed to tax avoidance and resulted to, due to non-taxation, to the non-payment of tax either in whole or in part, is introduced for the first time in Greek tax law. In particular, it is provided that while determining the tax amount, the tax authorities have the right to disregard any configuration of legal relations, which is artificially done (artificial manipulation) in order to avoid taxation and due...

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The government announced the elimination of cabotage for yachts

Minister of Tourism, Olga Kefalogianni agitated the stagnated waters of Greek yachting, by announcing yesterday the elimination of cabotage, already in force for cruise ships. On one hand, this announcement means for companies managing Greek marinas that they can already start “counting” their future benefits, but on the other made professional vessel owners under Greek flag very worried about the future of this sector in Greece. More specifically, at the press conference Ms Kefalogianni commented on maritime tourism, saying that in cooperation with other ministries, including the Ministry of Finance, a law draft is being prepared. It will regulate issues such...

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