Edition: International | Greek
MENU

Home » Europe

Tax Legislation in Greece and European Commission

European Commission decides to refer Greece to the Court of Justice of the EU regarding its income tax rules for businesses with foreign branches

By: EBR - Posted: Friday, October 30, 2020

"While both business profits originating domestically and those originating in another EU/EEA state are subject to taxes in Greece, the treatment of losses incurred abroad is limited."
"While both business profits originating domestically and those originating in another EU/EEA state are subject to taxes in Greece, the treatment of losses incurred abroad is limited."

The European Commission decided today to refer Greece to the Court of Justice of the European Union regarding its income tax legislation, which differentiates tax treatment between business losses incurred domestically and losses in another EU/EEA state. At the same time, both categories of business profits are subject to tax in Greece.

The Greek legislation in question, as interpreted by a Ministerial Circular, differentiates tax treatment with respect to tax loss recognition between resident taxpayers with enterprises established solely in Greece and resident taxpayers with at least part of their enterprises established in other EU/EEA States. While both business profits originating domestically and those originating in another EU/EEA state are subject to taxes in Greece, the treatment of losses incurred abroad is limited.

This difference in tax treatment is contrary to Articles 49(1) TFEU (in conjunction with Article 54 TFEU) and 31(1) EEA Agreement (in conjunction with Article 34 EEA Agreement) and it constitutes a restriction to the freedom of establishment.

Background

The infringement procedure was initiated in 2018. A letter of formal notice was sent in 2018, followed by a reasoned opinion in 2019.

*Source: European Commission

READ ALSO

EU Actually

Only President Antonio Costa believes in a deal in his EU Council before Christmas

N. Peter KramerBy: N. Peter Kramer

In his weekly column N. Peter Kramer writes that EU member states are deeply divided over the EU’s next seven-year budget. Do we know more after the EU Council on Thursday?

Europe

The EU’s Middle-Power Puzzle

The EU’s Middle-Power Puzzle

While the EU and European governments are embracing the much-lauded middle-power moment, this entails three difficult conundrums

Business

Businesscraft: Japan’s Quiet Discipline for a Fractured World

Businesscraft: Japan’s Quiet Discipline for a Fractured World

For almost thirty years after the end of the Cold War, geopolitics stayed away from the corporate boardroom. Geopolitical considerations belonged to the foreign ministry or to a dedicated risk committee back at headquarters, and rarely crossed a CEO’s desk.

MARKET INDICES

Powered by Investing.com
All contents © Copyright EMG Strategic Consulting Ltd. 1997-2026. All Rights Reserved   |   Home Page  |   Disclaimer  |   Website by Theratron