Dionisios Stathis On July 26 2013, new Greek Tax Procedure Code (l. 4174/2013) was enacted by the Greek Parliament, which introduced for the first time the concept of general anti-avoidance rule (GAAR). In particular, according to the newly established rule, effective as of January 1 2014, the tax administration has the right to ignore any artificial arrangement or series of artificial arrangements giving rise to tax avoidance or tax benefits in general. The new rule provides for a definition, scope and brief description of the terms "arrangement", "series of arrangements" and "artificial". As regards scope, it applies to cases where the legal treatment of a sole arrangement differs from the legal treatment of a series of arrangements taken together, where no sound business reasons exist for the effecting of the arrangement (or series of arrangements), where the various arrangements taken as a whole contradict to and cancel each other and where the tax benefit(s) obtained do not reflect the business risks undertaken by the contracting parties. It is interesting to note that, contrary to other jurisdictions, Greece did not have so far any legal tradition in respect of substance over form or similar principles or doctrines emanating either from case law or from legal practice in general. Perhaps the only relevant concept in Greek legal theory was that of sham or fictitious transactions found predominantly in Greek civil law. Traditionally the Greek tax administration used to apply in the course of both domestic and treaty law the opposite general principle of form over substance which was based on the widely accepted notion that the tax rules must be interpreted narrowly by the tax administration.
February 26 2014