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Iason Skouzos - TaxLaw > Special topics (Page 5)

Personal liability of managers and directors of limited liability companies

 Liability of directors of commercial companies (E.P.E./I.K.E./S.A.) The management bodies of limited liability companies (limited liability companies, companies limited by shares, private limited companies) are responsible for the management of internal matters and the representation of the company vis-à-vis third parties, taking key decisions for the management of the company's assets and the achievement of the company's purpose. As representatives of the will of the legal entity, they take binding decisions on the company's course and, in this context, an attempt is made to approach the basic provisions of Greek legislation governing the issue of the liability of the directors of...

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Residence permit in Greece for owners of real estate property [“golden visa”]

Residence permit in Greece for owners of real estate property [“golden visa”] Non-EU citizens who own real estate property in Greece with a minimum value, as described below, can be granted a 5-year residence permit for themselves and their family members. This is a permanent residence permit which is renewed every 5 years, provided that ownership of the property is retained. The most recent threshold for the value of the property is set at the (higher) amount of €800.000 for the following extended (compared to the previous regime applicable until 05/04/2024) range of areas in Greece: o             Region of Attica o             Region of...

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Tax treatment of Belgian income received by a tax resident of Greece

A tax resident in Greece receives from a Belgian company:    a) dividend (as a shareholder) b) remuneration of a member of the Board of Directors Which is their tax treatment in Greece, taking into account the provisions of the relevant Treaties for the avoidance of double taxation (hereinafter “DTT”): a) With regard to the tax treatment of dividend income received by an individual, who is resident in Greece, from a legal entity established in Belgium, the following applies: According to article 10 (1) and (2) of the DTT between Greece and Belgium (Law 3407/2005), dividends paid by a Belgian company to a Greek...

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Tax treatment of dividend distributed by a foreign company to a Greek tax resident

(Independent Authority for Public Revenue (IARP) circular No 2018 of 28.1.2019) It follows from the combination of the provisions of the DTTs regarding the tax treatment of dividends, that the State of tax residency of the shareholder may tax the dividends arising in the other State, but must credit its own tax on such dividends, to the tax paid in the State in which the dividends arise, at the rate specified in the relevant provisions of the relevant DTT. However, some Double Tax Treaties include the article on elimination of double taxation provisions on the credit and on the corporate tax attributable...

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Civil marriage procedure for foreign nationals and residence permit for a foreign spouse of a greek citizen

Greece has recently become a popular destination for third country citizens who wish to have their civil marriage in Greece. The procedure to be followed and the documents to be collected are the following : I) Civil marriage license The procedure for a civil marriage must be completed in accordance with the following requirements. The competent authority for the issuance of a civil marriage license is the Municipality of the area where the marriage is to be performed. The following supporting documents are required for the issuance of the license: An application of the parties involved A copy of valid passport or birth...

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The main rights of the shareholder of a Greek S.A. company

Many of the shareholders' rights are usually mentioned in the articles of association of an S.A., provided of course that these are not the standard articles of association, which only contain the minimum content required by law. The articles of association, which is an agreement between shareholders, often also serves as a user manual for the meetings and decisions of the general meeting and the board of directors of an SA. After the repeal of Law 2190/1920 and the entry into force from 01.01.2029 of the most recent law on S.A., Law 4548/2018, many S.A. have not yet harmonized their statutes...

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Per diem compensation for work out of site under Greek employment law  

According to article 144 of Individual Labour Law Code there is a requirement to pay per diem in Greece in cases when the employee stays away overnight. In particular, for each night away from home, per diem is equal to the statutory daily wage or 1/25th of the statutory monthly wage for employees paid on a monthly salary and there is no relation with either the country of destination or the duration of the business trip day. Unless otherwise agreed, it can be paid at the end of the month when the trip has taken place, together with the monthly...

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Taxation of dividends and bonuses from shipbroking and related companies

Following the amendments introduced with Law 5036/2023 regarding the taxation of dividends from shipbroking companies and related businesses as well as of the bonuses paid to the directors and personnel of these companies and of ship-management companies in Greece, the Greek Independent Authority for Public Revenue (IAPR) has issued Decision A. 1175/2023 which amends the former Decision A. 1223/2019 for the content of the relevant tax return for such income. In a nutshell: Dividends Dividends paid or credited, in accordance with the provisions of article 43 par. 5 of law, to an individual-Greek tax resident by: foreign companies of any type which have...

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Place of taxation for VAT purposes of services related to events

General rule for B2B services According to the provisions of Article 14 par. 2 a) of the VAT Code (Law 2859/2000), as in force from 01.01.2010, the supply of services to taxable persons acting as such is taxed, as a general rule, at the place of establishment of the recipient of the services (general B2B rule).   Admission to cultural, artistic, sporting, scientific, educational, entertainment and similar events granted to taxable persons. According to the provisions of Article 14 par. 8 of the VAT Code, as in force from 1.1.2011, admission to cultural, artistic, sporting, scientific, educational, entertainment and similar events which is...

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