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The principle of retroactive application of the lighter administrative sanction for breach of tax legislation under Greek law

in Tax Law, Special topics

(Legal Council of the state 2319/2021) The principle of retroactive application of the lighter administrative sanction (and more generally, the most favorable legal provision imposing administrative-sanctions) for violation of the tax legislation, constitutes a general principle of Greek tax law founded in the constitutional provisions of equality (art.4 par.1) and -in terms of pecuniary sanction- of the principle of proportionality in the restrictions of the right to property (art.25 par.1 q. d’). These constitutional principles bind the legislator when it comes to the regulation, by means of provisions of transitional law, of cases pending before the Administration or before administrative courts...

21 Apr 2022

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Tax treatment of benefits in kind

in Tax Law, Special topics

Granting of free shares (“Shares award plans”) [article 42A par. 3 of L.4172/2013, hereinafter as “ITC”] First, it should be noted that, according to article 14 par.1 of ITC, the benefit in kind in the form of granting of free shares that is obtained by an individual from a legal person/entity in the context of plans in which the achievement of specific objectives or the occurrence of a specific event is set as a condition for this granting, is exempted from the calculation of income from employment. Therefore, at the time of granting, the individual does not obtain income...

01 Apr 2022

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Joint venture (“koinopraxia”) according to Greek law

in Commercial Law, Special topics

According to Greek law, a joint venture is a joint partnership of several natural or legal persons who aim to achieve a certain common purpose (usually of a profitable nature). The persons participating in the joint venture (whether natural or legal) each retain their autonomy and legal personality. Furthermore, in the pursuit of the common purpose, the members of the joint venture, through the coordination of their actions, aim at achieving a better economic result. In many cases, the creation of a joint venture is dictated by the size of the project, particularly when it is too large and too...

15 Mar 2022

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Tax treatment of dividend in kind

in Tax Law, Special topics

The Greek Income Tax Code (ITC) does not explicitly refer to the case of distribution of dividends in kind or its taxation. The definition of “dividends”, as per article 36 of the Greek ITC includes any income deriving from shares, securities or other types of rights in the participation of profits that do not constitute claims from debts, as well as any income from other corporate rights such as parts, including pre-dividends and numerical reserves, participations in profits of personal companies, distributions of profits from any type of legal entity as well as any similar distributed amount. The distribution of dividends in...

04 Mar 2022

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Municipal Real Estate Tax

in Real Estate, Special topics

What is the Municipal Real Estate Tax ? The Municipal Real Estate Tax (in Greek “Telos Akinitis Periousias” or TAP) is a municipal obligation, a fixed small amount which is paid to the municipality that the real estate is located. Every real estate owner owes this amount to the Local Authority to which his/her real estate is located. However, in practice these fees are collected by the municipalities through the electricity bills, together with the Municipal Fees and the remaining Municipal Taxes. Real estate ownership is further subject to (national) real estate tax. How is the Municipal Real Estate Tax...

25 Feb 2022

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The rules of intestate succession under Greek law

Where there is an inheritance under Greek law without a will (intestate succession) there are six ranks which are used to determine who is called upon to inherit the estate first, second, third, fourth, fifth and sixth, so that they can either accept or relinquish the inheritance. Rules for intestate succession If the first rank is called, the ranks below will be disqualified. In other words, if the heirs of the first class are called upon to inherit, the heirs in second, third, fourth, and other ranks are excluded. If the heirs of one rank decline or forfeit their inheritance in any manner,...

25 Feb 2022

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The operation of trust under Greek law

Since Article 1923(1) of the Hellenic Civil Code states that the testator may oblige the heir to surrender the inheritance acquired or a percentage thereof to another (the beneficiary under trust) after a specific event or a specific point in time. As is clear from this provision, in addition to making a person his direct heir who immediately acquires the inheritance after his death, the testator can also designate an indirect general successor, the beneficiary under trust, who is heir subject to a deadline/condition precedent, which is met after the death of the testator, which corresponds to a deadline/condition subsequent...

24 Feb 2022

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The legal treatment of joint bank accounts for inheritance law purposes under Greek law

The joint bank account is an account with several joint beneficiaries who retain some degree of autonomy so that each of them can withdraw and deposit monies themselves, without the consent of the other joint beneficiary. Under Articles 2 and 3 of Law 5638/1932, Law 2961/2001, Law 117 of the Law introducing the Hellenic Civil Code and Article 488 of the Hellenic Civil Code, when one of the joint beneficiaries of the joint bank account passes away, the amount remaining is not inherited by the heirs of the deceased but goes to the joint beneficiary of the joint account, without any...

24 Feb 2022

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Legal guardianship under Greek civil law