(Law 4152/09.04.13 – Governemrnt Gazette No. 107)
On Sunday 4/28/2013 the majority of the Greek Parliament voted a new law, which includes a host of settings, the most important of which are the following:
1. Setting arrears (Article 1, paragraph A, sub-paragraphs A.1. And A.2.)
For existing arrears up to 31.12.2012 on Tax Administration and Customs may, upon request of the debtor, and if of the existence of real economic failure of the debtor, to be adjusted up to 48 equal monthly installments (the last installment will be paid until 30/06/2017).
In particular, for debtors paid in 48 installments the debts will be exempt from the 25% increments, those paid in 36 installments of 30% increments, in 24 installments of 35% increments and in 12 installments from 40% increments.
In the case of lump sum payment will be exempt from the 50% increments if the payment is effected up to 30.06.2013.
To be eligible for the above mentioned setting a number of conditions must be satisfied as mentioned in paragraph 6 of the above new law.
The first installment arrangement is payable within three working days of the submission of the application to access, and the next to the last working day of the next months. In the event of late payment of an installment, fines of 15% increase. The payment of the whole must be held until the maturity date of the next installment.
The surcharge for late payment which will be charged to settle the arrears will be subjected to the aforementioned regulation by 01.01.2013 will be 8,75% on an annual basis. This rate remained constant throughout the course of regulation.
The new rule also includes debts that were configured previously and the borrower has lost its setting due to inability to pay.
For individual persons not traders, who have debts up to € 5.000,00, if they cannot meet the above schedule, a developed adjustment is possible with larger number of payments.
The State shall offset monetary claims of the debtor against the State to the extent of the debt, and if he has complied with the monthly payments of the settlement of debts.
The State reserves the right, as to seize and record mortgages, not to grant a certificate of clearance and to give instructions for withholding requirements of the debtor held by third parties.
Finally, it introduces new fixed adjustment on debt falling due after 01.01.2013. This constant settled rules provide 2-12 installments and exceptionally to 24 installments, where it's due certified by an extraordinary cause.
2. Debt Deletion (Article 1, paragraph A, subparagraph A.4)
Provision segregation in uncollectible debts and bad are written (complete lack of assets, prosecution, etc.) which, if they fulfill the conditions laid down in the law will be deleted.
3. Appeal for tax offenses (Article 1 paragraph A, subparagraph A.5)
A new procedure for appeals against the actions of the tax authorities is introduced.
For litigation, not only needed the 50% of the amount attribution, provided by the act of the tax authorities, but its payment as well.
It is possible to submit a request for deferment of the payment of tax which is considered by the relevant committee of the Ministry of Finance (In Greek > MOF).
The committee decides the fate of the application within 20 days. If not answered within that time considered that, this has been rejected.
The fate of the appeal will be decided within 60 days, and the Tax Authority has no right of appeal against this decision.
Removed Committee on Administrative Resolution of Tax Disputes Article 70A as from 07.31.2013 and replaced it directly from the Internal Review Service, which will rule on the requests of taxpayers submitted.
4. New payment system of VAT (Article 1, paragraph A, subparagraph A.6)
Manner of VAT payment is amended, as the periodic tax return will be accepted upon payment of even € 10, 00.
The remained balance will be paid in two equal installments in case timely declaration, the first to be paid by the last working day of the month in which application is temporary VAT return and the second, the last working day of the following month, plus an additional fine of 2%.
In case of payment of 50% of the debt with the submission of the interim statement, the balance will be paid next month. In case of late return, the amount owed must be paid in one installment.
5. Extra Tax Levy Property (Article 1, paragraph A, subparagraph A.7)
Renamed Extra Special Fee Electrified Surfaces (in Greek E.E.T.I.D.E) to Extra Tax Levy on Property (E.T.L.P, in Greek E.E.T.A), which will be calculated for the year 2013. The calculation remains the same as in previous years (2011 and 2012).
A taxable person is the owner or usufructuary of the property by the percentage ownership till the 05/01/2013.
This extra fee will be collected again via Public Power Corporation (in Greek > DEI) for 2013, despite the fact that the recovery of the PPC has been deemed illegal by the relevant Courts of the country.
Compared to previous years, the fee is reduced horizontally by 15% if the conditions foreseen by law are covered. At the foresaid fee, are subject also the unfinished electrified properties, which were not yet included in the calculation.
The Extra Special Tax Levy Property will be acknowledged in June 2013 and its payment will be made in five (5) bi-monthly installments until the end of February 2014.
6. Property Tax (Article 1, paragraph A, subparagraph A.7)
Payment of Property Tax (in Greek > FAP) for the years 2011 and 2012, which is still pending, will be held in seven equal monthly installments. Each installment cannot be less than € 50,00. The property tax for the year 2013 will be held in four equal monthly installments. Each one cannot be less than € 50,00. The last installment should be paid until 28.02.2014.
7. Annual charge for the retention of the right of having an electricity production license (Article 1, paragraph I, subparagraph I.2)
Holders of producing electricity from Renewable Energy Sources (RES, in Greek APE) or cogeneration plants, heat and high efficiency (CHP) should pay during the first quarter of each calendar year an annual fee of € 1.000,00 / MW.
This fee may be adjusted to a maximum amount of € 3.000,00 / MW after decision of the relevant Minister.
In subparagraphs 2 - 4 determined exactly when the condition of the obligation arises.
8. Extra special solidarity levy on renewable energy (Article 1, paragraph A, subparagraph J.4 case. 8)
Increase the extra solidarity levy for producers of electricity from photovoltaic plants from 34% to 37%. The increase concerns those stations, put in test mode or switched their connection during the period from 01.01.2013 to 30.06.2013 and for sales made after 01.01.2013.
Excluding, stations from individuals whose profession is farmer and those individuals who are in non-interconnected Greek islands.
Finally, especially for photovoltaic plants placed in test mode or activate the connection after the 01.07.2013 raising the aforementioned special solidarity levy from 40% to 42%.
9. Resignations of Public Officials
In the aforementioned new Law, the removal of 15,000 civil servants will be required by the end of 2014, of which a number of 4,000 will leave during the current year.