Tax law

01 Sep 2025 | in ARTICLES, Tax law, by

Observations on CJEU Case C-228/24, Judgment of 3 April 2025 – New Interpretative Tools for the Application of the Anti-Abuse Rule under the Parent-Subsidiary Directive (2011/96/EU)

In Nordcurrent group UAB (C-228/24), referred by the Lithuanian Tax Disputes Commission, the Court of Justice of the European Union revisited the scope of the anti-abuse rule enshrined in Article 1(2)–(3) of the Parent-Subsidiary Directive (2011/96/EU). Drawing on its landmark rulings in T Danmark and Y Denmark ApS (C-116/16 and C-117/16), the Court elaborated on the circumstances under which a corporate arrangement must be deemed non-genuine and on the definition of a tax advantage that runs counter to the purpose of the Directive. The judgment ultimately held that, on the facts at hand, no abusive use of the Directive’s... READ FULL ARTICLE

05 Dec 2024 | in ARTICLES, Tax law, by

Taxation of income from real estate in Greece, where the beneficiary is a foreign legal person or entity

In his insightful article, originally featured in the October 2024 issue of the digital journal “Epixeirisi” by Nomiki Bibliothiki, our Partner, Georgios Minoudis, comments on the current approach of the Greek Tax Authorities regarding the taxation of income from real estate in Greece, where the beneficiary is a foreign legal entity or entity, highlighting some potential difficulties the current approach may entail. READ FULL ARTICLE

07 Aug 2024 | in ARTICLES, Tax law, by

The New Tax Procedure Code: A Comparative Study of the Significant Changes Enacted by Law 5104/2024 (in Greek)

Law 5104/2024 aims to modernize tax processes, introducing digital communication between taxpayers and authorities, and automating annual returns for individuals; it updates deadlines for submissions and revises audit initiation criteria; it also adds a new basis for extending the 5-year statute of limitations. This article explores these and other changes, providing detailed descriptions and commentary on their potential implications and effects. READ FULL ARTICLE

15 May 2024 | in ARTICLES, Tax law, by and

Formation of the price of shares acquired by natural persons according to art. 42 of the Income Tax Code (ITC) and circulars E.2171/2021 and E.2016/2024 – A brief commentary

A different treatment referring to the formation of share acquisition price by natural persons is reserved to shares originating from the capitalization of premium as opposed to shares originating from the capitalization of profits. The article, which has been originally published in the digital journal “Epixeirisi” issued by Nomiki Bibliothiki (issue 4/2024) demonstrates the differences through practical examples and discusses whether such treatment is justified. READ FULL ARTICLE

04 Apr 2024 | in ARTICLES, Tax law, by

Artificial arrangement spotted by the Dispute Resolution Directorate: The establishment of a shell company in Bulgaria

The tax audit authorities recently examined the establishment of a company in Bulgaria through the general anti-avoidance rule and confirmed that an artificial arrangement had taken place, with the sole purpose of reducing tax burdens. The entrepreneur challenged the tax findings before the Dispute Resolution Directorate, however all arguments raised were confuted and Greek tax was imposed on the revenues generated from the Bulgarian company. READ FULL ARTICLE

23 Nov 2023 | in ARTICLES, Tax law, by

New Decision of the Independent Authority for Public Revenue (IAPR) Links Tax and Business Registries (in Greek)

On October 10, 2023, the Independent Authority for Public Revenue (IAPR) published Decision 1151/2023 for the interconnection of the Tax and Business Registries. From 11 October 2023, the IAPR registry will be automatically updated in relation to a number of company changes of Sociétés Anonymes registered in the General Commercial Registry (GEMI). This article offers an overview of the aforementioned Decision and its impact on data integration. READ FULL ARTICLE

21 Dec 2022 | in ARTICLES, Tax law, by

Shell companies – recent decisions by the Greek Dispute Resolution Directorate (in Greek)

Increasingly, the tax authorities and the Dispute Resolution Directorate (“DRD”) are identifying artificial arrangements aiming to solely obtain tax benefits. Such is the case of a shell company in Bulgaria, which was established as an artificial vehicle to take advantage of the much more favorable Bulgarian income tax rate (DRD decisions No. 1989 and 3167/2022). READ FULL ARTICLE

17 Oct 2022 | in ARTICLES, Tax law, by and

Share capital increase of a sole shareholder S.A.- a tax avoidance case (in Greek)

An arrangement set by a sole shareholder S.A. was declared artificial by the tax auditors, as its main purpose was to avoid paying the capital concentration tax corresponding to such a transaction. The tax authority invoked article 38 of Law 4174/2013 (general anti-abuse rule) and ignored the arrangement, thus imposing the correct capital concentration tax and accompanying penalties, whereas the Dispute Resolution Directorate confirmed the audit findings (decision No. 2746/2022). READ FULL ARTICLE

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