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Our tax practice, comprised of highly experienced tax lawyers, offers the full range of tax law services. The analytical ability of our tax lawyers ensures that they are able to provide our clients with high quality, innovative and business-oriented services, as well as with practical and pro-active solutions, in the continuously changing area of tax legislation and practice.

While securing day-to-day compliance with local regulations and requirements, the primary goal of KPP Law is to assist our corporate clients in maximizing tax efficiency, both at a transactional and operational level, in respect of business activities in Greece and abroad.

Our tax team has strong experience in advising clients on the full spectrum of direct and indirect tax law issues arising from commercial and corporate transactions, including M&A (sale of business, asset and share deals, mergers, intra-group re-organizations, joint ventures etc.), financing (equity or debt), acquisition and commercial exploitation of real estate property, employees incentive plans, etc., as well as other specific tax issues, such as thin capitalization, transfer pricing etc.

We also advise Greek and foreign high net-worth individuals in properly discharging their tax liabilities in Greece, as well as in domestic and foreign property, inheritance issues and other tax law issues.

The above advisory part of our tax practice is paired with a strongly experienced tax litigation practice, since we represent and support our clients in tax audit procedures before the Tax Authorities, the Directorate for Settlement of Disputes (D.E.D.) of Independent Authority for Public Revenue (AADE) and Administrative (tax) Courts.

Highlights:

• We successfully represented a major oil company before the Court of Appeal of Athens on a 7,5 m. tax dispute, claiming the incompatibility of laws extending the statute of limitations with Greek Constitution and EU Law. The Court accepted our appeal and the said decision was the forerunner of landmark decision of the Supreme Court (Council of State (CoS) 1738/2017, which confirmed the legal position that,the statutory limitation period for the State to issue tax assessment notes may not exceed a 5-year period and may, exceptionally, be extended under certain circumstances in light of strict constitutional limitations.

• We successfully represented a major company operating in betting and gaming sector before the Court of Appeal and Council of State; the Court overturned the position previously held  by case law that an amending tax return is valid only if submitted until the issuance of a tax audit mandate and ruled that amendments of tax returns may validly take place until the notification of the mandate to the taxpayer.

• We successfully represented a major cosmetics company before the Court of Appeal, claiming a full retroactive application of more favorable surcharges imposed on main tax under L.3943/2011 (monthly surcharge 2% with a ceiling up to 120%), instead of the surcharges imposed till then under L.2523/97 (monthly surcharge 2% with a ceiling up to 300%). The Court accepted our arguments, judged that the most favorable regime shall be applied retroactively irrespective of whether the alleged infringement under examination, was carried out prior to the publication of law 3943/2011in all respects (i.e. , and ruled that  a limited retroactivity (as provided by the relevant statutory provisions) breaches EU principles and EUCJ case law.

• We successfully represented a leading insurance company on a 12 m. tax dispute, relating to refund of unduly paid  withholding prepaid income tax, on specially taxed income arising from Treasury Bills, Greek Government Bonds, non listed shares etc..

• We successfully represented a high net-worth individual before the Court of Appeal of Athens, claiming for  retroactive application of more favorable penalties imposed on main tax under the new Code of Tax Procedure (10-50% of main tax), instead of the surcharges imposed under L.2523/97 (monthly surcharge 2% with a ceiling up to 120%). The Court accepted the arguments based on EUCJ case law and the rationale of this decision has already been endorsed by the Greek State in recent tax legislative work.

• We successfully represented a major tobacco company before the Administrative Court of Komotini in suspending the collection of a 44m customs duties, fines, surcharges etc enforced by the State.

 

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