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Special topics

Iason Skouzos - TaxLaw > Special topics (Page 3)

Transfer of Business and protection of employees’ rights under Greek law

Transfer of Business With the decree 178/2002 (A΄ 162) "Measures concerning the protection of workers' rights in the event of transfer of undertakings, establishments or parts of establishments or businesses, in compliance with Council Directive 98/50/EC", Greek legislation has been adapted to the provisions of Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, establishments or parts of establishments or businesses. Where the Decree applies (Article 2) The Decree applies to any contractual or statutory transfer or merger of undertakings, establishments...

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Swiss nationals: right to reside in Greece

Case study: a Swiss citizen with a spouse from a third country and minor children with Swiss nationality. Swiss nationals have the same right to reside and work in Greece as EU nationals, specifically with minimum obligations and after a very simple procedure. The same applies to their children, provided they are also Swiss nationals. In addition, in case their spouses are not Swiss nationals, but third country nationals, they will be given a residence permit to reside and work in Greece as spouses of Swiss nationals, through a little more complicated process, including some travel restrictions during the period until...

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Issuance of residence permit to financially independent persons

Under Article 163 par. 8 of Law 5038/2023 and by decision of the General Secretary of the Region, a three-year residence permit is granted to a third-country national provided that the third-country national has obtained a special visa (VISA D) and is in possession of sufficient resources corresponding to a stable annual income to cover the living expenses, which may be renewed for a period of equal duration subject to the fulfillment of the other requirements provided for in the applicable law. The amount of sufficient resources is laid down in a Joint Ministerial Decision pursuant to para. 51 of...

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Days of Leave and Other Benefits for Employees With Children

Greek legislation provides a range of benefits and types of leave for working parents, related to the birth, upbringing, daily care, and education of children. The following is a detailed overview of the main categories of leave under current labor legislation, as well as the tax benefits available to working parents.   Leave for working parents • Maternity Leave (Childbirth & Postpartum) Maternity leave is granted to working women for a total duration of 17 weeks, of which 8 weeks precede childbirth and 9 weeks follow it (Article 11 of Law 2874/2000). In cases of premature birth, any unused leave from the pre-birth period...

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Tax treatment of joint bank accounts in the event of succession

The joint bank account in Greek law is governed by the provisions of Law 5638/1932, as amended and in force. The basic feature of a joint bank account is that it has several beneficiaries, each of whom may use the account in whole or in part, without the cooperation of the other joint holders. The internal relationship linking the joint beneficiaries may be a burdensome (company, loan) or gratuitous (donation/parental gift) relationship. It should, however, be made clear that the mere entry of a beneficiary into a bank account does not in itself constitute a taxable transaction. On the contrary, a...

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Tax treatment of dividends and capital gains according to the DTT between Greece and Switzerland

Based on the DTT between Greece and Switzerland, the following apply in relation to dividends and capital gains taxation: Dividends (article 10) Dividends paid by a company which is a resident of Switzerland to a resident of Greece may be taxed in Greece. However, such dividends may also be taxed in Switzerland according to the laws of that State, but if the recipient is the beneficial owner of the dividends, the tax charged shall not exceed 15% of the gross amount of the dividends. This tax treatment shall not affect the taxation of the company in respect of the profits out of...

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Taxation of dividends, interest, royalties, capital gains and income from immovable property

Quick guide: Taxation of dividends, interest, royalties, capital gains and income from immovable property Tax treatment of income earned by an individual in Greece in cash or in kind in the form of dividends, interest, royalties, capital gains and income from immovable property is as follows:   i. Dividends The term “dividends” means any income derived from shares, founding titles, or other participation rights in profits that do not constitute claims from debts (liabilities), as well as income from other corporate rights, including quotas, shares, including pre-distributions and mathematical reserves, participation in profits of personal businesses, profit distributions from any type of legal...

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Taxation Freelance activity sole-trader business in Greece – standard Greek tax rules

If a tax resident abroad becomes a Greek tax resident, and starts providing services from Greece under a freelance activity/sole-trader business in Greece, the tax treatment of the relevant income derived in Greece will be determined as follows under the standard Greek tax rules. According to the general rules, based on articles 3, 5 and 29 of the Income Tax Code: - Individuals who have their tax residence in Greece are subject to tax on their income derived both within Greece and abroad, i.e., their global income earned in a taxable year. - Income derived in Greece is any income from a source...

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Labor accidents and employer’s obligations under Greek law: What Law 3850/2010 defines

Protecting the health and safety of workers is a fundamental obligation of every employer. Law 3850/2010 describes in detail the responsibilities and obligations of companies with regard to the prevention and management of occupational accidents. In this article, we examine the main provisions of the law, the obligations of employers and the possible legal consequences in case of their violation. Employer's obligations under Law 3850/2010   • Obligation to employ a safety technician and an occupational physician According to Article 8 of the law, enterprises employing more than 50 workers are required to have a safety technician and an occupational physician. They have an...

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Greek tax treatment of UK pensions

According to article X par. 2 of the Double tax treaty between Greece and the UK, any pension and any annuity, derived from sources within the United Kingdom by an individual who is a resident of Greece and subject to Greek tax in respect thereof, shall be exempt from United Kingdom tax. Based on the above, it derives that, by application of the relevant DTT provision, any pension income falling under the definition of article X and arising in the UK would be exempt from UK tax, on the condition that said income is subject to tax in Greece, being the...

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