Zepos & Yannopoulos, Taxand Greece, looks at the Statute of Limitations for tax assessments and its new guidelines addressed to tax authorities.
Background: Supreme Court Decision No.1738/2017
In June 2017, the Supreme Administrative Court issued decision No.1738/2017, whereby the consistent practise of the legislator to extend the time-period of the applicable Statutes of Limitations (SoLs), right before their expiration, was ruled unconstitutional. In light of this decision, the reaction of the tax administration was anticipated with great interest as to which fiscal years it would consider time-barred. The ambiguity is created by the fact that different SoLs apply depending on the type of tax, fiscal year in question and circumstances (e.g. non-filling of tax returns, tax evasion). Furthermore, many audits, which are currently pending, are covering a number of fiscal years, some of which should normally be considered time-barred on the basis of the above decision.
Taxpayers in Greece should familiarise themselves with these updates to ensure they remain compliant.