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Legal Update : 50% Tax Break for Returning Professionals: Terms – Conditions & Deadlines

By 28/05/2021 No Comments

 

In November 2020, the Greek Government had adopted a new provision introducing a 50% tax break for individuals who transfer their tax residence to Greece and choose to be subject to a favourable tax regime. Stipulating a tax break on income tax valid for seven years following the relevant application, as well as a complete exemption from presumed income deriving from the ownership or possession of a residence or a private use vehicle, this new tax measure aimed at enticing not only third-country nationals, but also Greek nationals who left during the economic crisis back to the country.

On that note, Decision A. 1087/15-04-2021 of the Deputy Minister of Finance and the Governor of the Independent Authority for Public Revenue (“AADE”) has been issued in order to specify the conditions under which interested parties can fall within the scope of this favorable tax regime, as stipulated by Article 5C of the Greek Tax Code.

Conditions

The natural persons interested in transferring their tax residence in Greece are subject to the reduced tax regime if the following conditions are cumulatively satisfied:

a)    they have not been Greek tax residents for the previous 5 of the last 6 years prior to the transfer of their tax residence in Greece;

b)   they relocate from an EU or EEA Member State or from a third country with which Greece has a valid agreement concerning administrative cooperation on tax issues;

c)    they are providing employment services in Greece through an employment relationship as defined by Greek law to a Greek legal person on legal entity or to a Greek branch of a foreign company; and

d)   they declare that their stay in Greece will last for at least two years.

Procedure

1.    The interested party files the application to fall within the favourable tax regime within the year of their entry into employment. Along with the application, the applicant submits the relevant supporting documents and declares the state in which they last had their tax residence until that point.

2.    The supporting documents can either be filed by scan, email, courier, mail, as well as being submitted directly at the relevant authority’s offices.

3.    The Competent Authority submits the above application and the supporting documents to the relevant digital application.

4.    If there are additional documents or clarifications required, the applicant is informed and is given with a deadline of sixty (60) days to provide the additional information.

5.    If the application is approved, the natural person is considered a Tax Resident of Greece. Said decision may be published at the applicant’s TaxisNet portal.

6.    For seven years following the approval, they automatically no longer fall within the beneficial fiscal framework.

Kindly note that if the applicant, at any point, stops meeting the above-described conditions, they are no longer subject to the relevant provisions. It is, however, possible to re-file an application, in case the reasons for being exempt are eliminated.

Competent Authority

The Tax Office for Foreign Tax Residents & Alternate Tax Regimes for Greek Tax Residents is competent for accepting, examining, approving or declining the application, as well as the supporting documents and the electronic registration of the relevant information. At the same time, Department C’ of International Administrative Cooperation on Taxation of the International Financial Relations Directorate of the Independent Authority for Public Revenue (“AADE”) is competent for informing the fiscal authorities of the state in which the natural person last had their residence prior to the application.

Deadlines and timeframe

The applications of returning professionals wishing to benefit from the advantageous tax regime for employment or business activity income for services rendered in Greece until 31.07.2021 and the relevant supporting documents shall be submitted to the Tax Office for Foreign Tax Residents & Alternate Tax Regimes for Greek Tax Residents until 30.09.2021. The decision by the Tax Office will be issued until 30.11.2021.

For applications submitted after the above deadline set for 30.09.2021, it is stipulated that they will be accepted and examined in order to subsume the taxpayer in the reduced taxed regime for their income rendered in Greece for the following fiscal year.

Regarding individuals who have already transferred their tax residence to Greece and have concluded employment contracts or have started their business activity within the tax year 2020, they are also eligible for the reduced tax regime, on condition that they have not been tax residents in Greece from 2015 to 2019. Even if said professionals undertook employment or started business activity during the fiscal year 2020, they can benefit from the special tax provisions for the income earned from 01.01.2021 onwardsdeclaring their intention to reside in Greece for at least two years, starting from 01.01.2021.

Deadline for submitting the supporting documents

It is noted that the applications can be submitted even if they are not accompanied by the original supporting documents required at the time of their submission, provided that a solemn declaration is presented whereby the taxpayer declares that they meet the conditions and that they are unable to submit them in the prescribed manner owing to the suspension or restrictions to the operation of the respective issuing services due to COVID-19. The taxpayer is obliged to submit the supporting documents in order to complete their file within a reasonable time and no later than 22.11.2021.

Taking into account that hundreds of foreign citizens, among them high-net-worth investors and pensioners, have already taken advantage of the previously introduced favorable tax regime, it is expected that the new tax measures will further boost Greek economy by luring to the country not only the professionals who left during the economic crisis, but also foreign talent and highly skilled workers from abroad wishing to relocate to Greece.

At Amoiridis Law Services® we are dedicated at assisting our well-respected clients successfully complete any of their investment projects in Greece. Thanks to our longstanding experience, we are able to provide a full package of consultancy services to our almost exclusively international clientele, customized to their specific needs.

As a result, we have represented clients from all around the globe regarding their projects in Greece. Our network of associate experts, composed by both in-house and external solicitors, notaries, accountants, tax experts, civil engineers, topographers, realtors etc., enables us to provide an all-in-one package of consultancy services, guiding you throughout the entire procedure of transferring your tax residence to Greece and benefiting from the upcoming tax exemption package.

 For any further information and clarifications please do not hesitate to contact our qualified legal team, ready to provide you with further personalised information tailored to your needs and your profile.

You can email us:  or call/text us directly at: +306908351705 (WhatsApp/Viber)

Athens, May 2021

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