Transfer pricing - Greece

• According to the Greek legislation, the transfer pricing rules apply to transactions between related parties. The term “related parties” applies to legal persons, individuals, and any other body of persons.
  
  Specifically, the following entities are considered as related:
  • any person holding directly or indirectly shares or portions of participation in the company’s share capital of at least thirty three percent (33%), based on the value, number, rights of participation to the profits, or voting rights of these shares
  • two or more persons, in cases that an entity holds directly or indirectly shares or portions of participation in the company’s share capital of at least thirty three percent (33%), on the value, number, rights of participation to the profits, or voting rights of these shares
  • any person who has direct or indirect significant administrative dependence or control on another person, or where one entity exercises or is able to exercise a dominant influence on another entity or in every case where both entities are dependent or controlled, directly or indirectly, under the above meaning, by a third party.
    
    
• For the years up to 31 December 2013, the applicable legislation is Law 2238/1994 and for transactions that took place in 2008, 2009 and 2010, Law 3728/2008 also applies.
• As of 1st January 2014, the applicable Laws are Law 4172/2013 (the Income Tax Code) and Law 4174/2013 (the Tax Procedures Code). According to them, persons subject to documentation requirements include taxpayers with a total value of intercompany transactions of more than €200,000 or €100,000, depending on whether their turnover is more or less than €5,000,000, respectively.
• Greece follows the three-tiered approach, i.e. the preparation of the Master File, the Greek File, and the Country-by-Country Reporting (if the consolidated group turnover exceeds €750,000,000). The Greek File and the Master File should be made available to the Tax Authorities within 30 days of their request. Also, the taxpayer should submit to the Ministry of Finance a TP Summary Information Table within the time period provided for the submission of annual income tax returns.

• The provisions of the Income Tax Code and the Tax Procedures Code regarding the transfer pricing are applied and interpreted in line with the principles of the OECD Guidelines. Consequently, the tax authorities have to take into consideration the Guidelines when ruling on transfer pricing issues.

• All the OECD transfer pricing methods are accepted by the Income Tax Code (Law 4172/2013). But, according to POL 1097/2014, as amended by POL 1144/2014, there is a preference for the traditional methods over the transactional methods and especially for the comparable uncontrolled price (CUP) method, which is considered to be the most accurate method. Transactional profit methods can be used when the traditional methods do not lead to reliable results, while the taxpayer needs to provide a detailed justification regarding the application of the transactional profit methods instead of the traditional methods.

• As stated above, Greece follows the three-tiered approach, i.e. the preparation of the Master File, the Greek File and the Country-by-Country Reporting (if the consolidated group turnover exceeds €750,000,000). Also, the taxpayer submits to the Ministry of Finance a TP Summary Information Table within the time period provided for the submission of annual income tax returns.

• The transfer pricing file may be written in an internationally accepted language, preferably English, but upon the request of the tax authorities, a translation into Greek should be available.

The Greek File should include the following information:

• a description of the group structure and the background of the Greek company
• a description of the intercompany transactions between the Greek taxpayer and its related parties, including business restructuring (i.e. nature of the transactions, amounts and flow of invoices, transaction’s terms and conditions)
• an industry analysis
• a detailed functional analysis, presenting the key functions, assets and risks of the Greek company
• an economic analysis, including a presentation of the transfer pricing method used and justification for its selection and supporting evidence such as comparables
• copies of the contracts that refer to the transactions between the Greek and the related companies.

The Master file should include the following information:

• a description of the legal and organizational structure of the group
• a description of the strategy and the activities of the group
• a presentation of the competitors
• a description of the group companies, along with a functional and risk analysis regarding the related parties
• a description of the group’s transfer pricing policy
• a list of the intangible assets owned by the group and the royalties related to these assets
• a list of the APAs concluded with foreign tax authorities, a list of CCAs, and a list of any court decisions.

• Transactions (commonly loans or services) between individuals who have direct or indirect significant administrative dependence or control on the company (ie related parties according to Greek Tax Law) which is difficult to find comparable data in order to verify the arm’s length principle.
• Group companies that have persistent losses.

Late filing of the TP Summary Table

• Minimum €500 – Maximum €2,000 (1/1000 on the value of the intercompany transactions).
• Late filing of a modified TP Summary Table
• Minimum €500 - Maximum €2,000 (1/1000 on the value of the intercompany transactions).
  Penalty applies only to the extent that the amounts are amended and such amendments exceed the amount of €200,000.
• No filing of the TP Summary Table
  Minimum €2,500 - Maximum €10,000 (1/1000 on the value of the intercompany transactions).
• Filing of inaccurate TP Summary Table
  Minimum €500 - Maximum €2,000 (1/1000 on the value of the amounts to which the inaccuracy relates).
  If the inaccuracy of the amounts does not exceed 10% of the value of the total transactions subject to documentation, no penalty applies.
• Late or no filing the transfer pricing file to the tax authorities
  In the case of failure to provide the transfer pricing file to the tax authorities within 30 days from the official request, a penalty of €5,000 applies, which is increased to €10,000 if the file is provided after 60 days, and to €20,000 if the file is provided after 90 days or if it is not provided at all.
• Late or inaccurate filing of the CbC report
  €10,000
• Non- filing of the CbC report
  €20,000

• The tax authority has set up a specific task force (KEMEP – Center for the Audit of Large Companies) to enforce the Transfer Pricing rules, which is consisting of specialized executives. Thus, the intercompany transactions should be documented sufficiently in the Transfer Pricing File, as set by the Greek legislation, otherwise, penalties may be sought.

• The Greek Independent Authority for Public Revenue (IAPR), adopted the OECD Guidance, (18 Dec 2020), proceeded with the issuance of the Circular E. 2054/10.03.2021 that provides guidance on the transfer pricing implications of the COVID-19 period.