Attorneys in Greece – Lawyers in Athens & Thessaloniki

Tax Greece – Business activity and tax reference in Greece

Tax Greece, taxation and reference in GreeceBasically it is necessary to quote (your own) tax reference in all dealings with the Greek finance authorities. The tax reference is also required for processing quite a lot of mundane private legal matters, so that in practice hardly anyone can dispense with obtaining a tax reference of their own.
Commencement of any kind of business in Greece always starts with the tax office, so that by this point at the latest a tax reference must be available, or one have been applied for.
A series of documents that vary depending on the company structure also have to be submitted for obligatory notice of commencement or cessation of any business activity.
We answer some frequently asked questions regarding allocation of a tax reference and commencement and cessation of business activity, but of course without making any claim to exhaustiveness and without liability.

Tax Greece – To which agency or authority in Greece must one apply for a tax reference?

Application for the tax reference (Greek: “AFM” = Arithmos Forologikou Mitroou) is generally made to the tax office having jurisdiction over the applicant’s domicile (Greek: “DOY” = Dimosia Ikonomiki Ypiresia). Different rules apply in some cases (legal entities, applicants without domicile in Greece, Tax Greece, etc.).

Which documents are required for a tax reference to be issued to a natural person with Greek nationality?

One copy of the completed form “M1” (form is supplied by the tax office) is to be submitted on production of an officially recognised form of identification. If the application is submitted by a legally authorised person, the corresponding authority and a copy of the applicant’s personal identity card or passport must be submitted.

Tax Greece – Which documents are required for a tax reference to be issued to business people in Greece?

All natural persons are allocated a tax reference in the same way as above, with no distinction according to professional status. The tax reference is allocated as part of commencement of trading where legal entities are concerned. The documents required are listed below.

Which documents are required in Greece for a tax reference to be issued to foreigners?

One copy of the completed “M1” form and passport. If the particulars in the passport are not written in the Roman alphabet, a copy of an official Greek translation of the passport is required. Foreigners residing in Greece must also produce their Greek residence permits.

Is possession/use of multiple tax references permitted?

No! Pursuant to Article 4 of law 2593/97, ratified according to the provisions of §3b, Article 21 of Law 2948/2001, possession and/or use of more than one tax reference in Greece is punishable by a 4,400 euro fine.

Tax Greece – Does the tax reference persist after business operations have ceased?

When partnerships cease trading, the tax reference for natural persons continues to apply to personal business. Tax references for legal entities, on the other hand, are deleted when business operations cease.

Which documents are required to notify the competent financial authority of commencement of business activities in Greece?

A) Partnerships
Police (personal) identity card or passport.
Lease agreement for business premises and/or a corresponding deed of possession or declaration on surrender free of charge according to Law 1599/86.
Certificate of registration with the competent insurer ((TEWE, TAE, IKA, etc.) or exemption from the insurance obligation.
Certificate of registration with the competent chamber of commerce and industry if expressly prescribed by law.
Authority from the liable party with the latter’s certified signature, if the declarations and documents are submitted by a third party.
Additional requirements for notification of commencement of business activity by foreigners:
Greek residence permit and work permit valid for at least one year for citizens of non-EU states.
A certificate of tax domicile according to the provisions of the country in question for citizens of EU countries.
B) Partnerships (general partnership, limited partnership/Greek: OE, EE)
The Deed of Partnership disclosed to the competent regional court.
Lease agreement for business premises and/or a corresponding deed of possession or declaration on surrender free of charge according to Law 1599/86.
Certificate of registration of the partners with the competent insurer ((TEWE, TAE, IKA, etc.) or exemption from the insurance obligation.
Certificate of registration with the competent chamber of commerce and industry if expressly prescribed by law.
Authority from the liable party with the latter’s certified signature, if the declarations and documents are submitted by a third party.
Partners’ tax references (natural persons and legal entities).
Non-Greek nationals from EU countries investing as personally liable general partners submit a certificate regarding their tax domicile; foreigners from non-EU member states require a Greek residence and work permit valid for at least one year.
C) Company limited by liability (Greek: EPE)
Articles of Association.
Issue of the Government Gazette (FEK) with the disclosure or, if the issue has not yet been published, proof of payment of the fees for publication (TAPET) and a declaration (N. 1599/86) by the director, that 2 copies of the Gazette will be submitted following publication.
Lease agreement for business premises and/or a corresponding deed of possession or declaration on surrender free of charge according to Law 1599/86.
Certificate of registration of the shareholders with the competent insurer ((TEWE, TAE, IKA, etc.) or exemption from the insurance obligation.
Certificate of registration with the competent chamber of commerce and industry if expressly prescribed by law.
Non-Greek nationals from EU countries investing as directors submit a certificate regarding their tax domicile; foreigners from non-EU member states require a Greek residence and work permit valid for at least one year.
Authority from the director with the latter’s certified signature, if the declarations and documents are submitted by a third party.
D) Company limited by shares (Greek: AE)
Approval (ruling) by the Prefecture.
Proclamation by the Prefecture.
Proof of payment of the fees for publication (TAPET).
Articles of Association.
Lease agreement for business premises and/or a corresponding deed of possession or declaration on surrender free of charge according to Law 1599/86.
Certificate of registration of the shareholders with the competent insurer (O.A.E.E./TEWE, TAE, TSA, IKA, etc.) or exemption from the insurance obligation.
Certificate of registration with the competent chamber of commerce and industry if expressly prescribed by law. · Declaration (N. 1599/86) by the AG’s representative, that 2 copies of the Gazette with announcement of the AG will be submitted after publication.
Resolution by the general meeting on composition of the AG’s supervisory board, if instituted.
Authority from the AG’s representative with the latter’s certified signature, if the declarations and documents are submitted by a third party.

Tax Greece – When is notification of commencement or cessation of business activity in Greece not timely and what consequences ensue?

Natural persons must submit the declaration of commencement of business activity before any business has been transacted and submit the declaration of cessation of business within 10 days of ultimate cessation.
Legal entities and partnerships must submit the declaration of commencement of business on condition that no business is transacted in the interim, within a period of 30 days from legal formation, and submit the declaration on cessation of business operations within one month of legal winding up.
Notification of commencement or cessation of business activities outside the above deadlines is deemed to be not in due time and is punishable by fines of EUR 117 to EUR 1,170 pursuant to §3a of Article 21, Law 2948/2001.

Tax Greece – Which documents are required for notification of cessation of business operations in Greece due to death of a natural person?

Death certificate.
Certificate regarding the nearest relatives or, if it has occurred, acceptance of inheritance.
Certificate regarding intestacy or, if a will exists, proof of probate plus a greece will
If the heirs are to continue the business, the following documents must be submitted:
Death certificate,
Certificate regarding the nearest relatives or, if it has occurred, acceptance of inheritance,
Certificate regarding intestacy or, if a will exists, proof of probate plus a copy of this will.

From what point is the limited liability company regarded as a legal entity – on submission of the Articles of Association to the administrative court or following disclosure in the Government Gazette (FEK)?

The legal / res judicata existence of the legal entity commences on disclosure in the Government Gazette.