Tuesday, 18 July 2017

Greece: Authorities issue guidance on application of mutual agreement procedure

A decision issued by the Director of the Independent Public Revenue Authority (IPRA) (formerly known as the General Secretary of Public Revenue), published in the government gazette on 7 April 2017, contains comprehensive guidance on the application of the mutual agreement procedure (MAP) in Greece’s tax treaties. The decision is applicable for MAP requests filed as from the date of its publication.
The MAP was introduced in article 63A of the Tax Procedure Code in November 2016.
The MAP is a mechanism found in tax treaties that allows the competent authorities of the contracting states to engage with each other to attempt to resolve tax disputes arising under the treaty. The MAP can involve cases of double taxation, as well as cases concerning the interpretation and application of a treaty. The MAP is independent from any remedies provided under the national legislation for the resolution of tax disputes.
Greece currently has 57 tax treaties, which (except for the treaty with the UK) include MAP articles that are based on article 25 of the OECD model treaty. Before the decision of the IPRA, the MAP had been used sporadically in Greece because there were no relevant guidelines. The decision addresses all stages of the MAP process.
Source: Deloitte