GREECE Law and Practice Contributed by: John C. Dryllerakis, John Papadakis and Nikos Kalantzis, Dryllerakis Law Firm
concerning financial account information under the Common Reporting Standard (CRS), country-by- country reporting (CbCR), advance cross-border rul - ings (where applicable), DAC6 mandatory disclosure arrangements and other categories prescribed under the DAC framework. 7.3 Other Forms of International Tax Collaboration As a member of the Organisation for Economic Co- operation and Development (OECD), Greece takes part in the International Compliance Assurance Pro - gramme (ICAP). ICAP is a voluntary, multilateral risk assessment programme designed for large multina - tional enterprises (MNEs). It enables tax administra - tions to collaborate on the early assessment of trans - fer pricing and other international tax risks, with the objective of providing greater tax certainty and reduc - ing the likelihood of future disputes. In addition, Greece participates in joint audits and simultaneous tax audits under both EU and inter - national frameworks. Within the EU, these forms of cooperation are conducted pursuant to the Directives on Administrative Cooperation (DAC), as transposed into Greek law. 8. Mutual Agreement Procedures and Arbitration 8.1 Availability and Legal Basis Greece maintains a Mutual Agreement Procedure (MAP) framework in accordance with its obligations under double taxation treaties and the European Convention on the Elimination of Double Taxation in connection with adjustments to the profits of associ - ated enterprises (90/436/EEC). The MAP mechanism is designed to resolve cross-border tax disputes and prevent double taxation arising from transfer pricing adjustments, income allocations or other treaty-relat - ed matters. The legal basis for MAP is primarily found in Article 73 of Law 5104/2024 (Greek Code of Fiscal Proce - dure), which provides detailed rules for the conduct and finality of the procedure. Under these provisions, taxpayers who believe that actions by the Greek tax
administration result in taxation not in accordance with an applicable treaty may request MAP assistance from the competent authority within the Greek Independent Authority for Public Revenue. The MAP is conducted by the Greek Tax Administration and its outcome is formalised through the issuance of a Mutual Agree - ment Decision. 8.2 Application Deadlines A request for a Mutual Agreement Procedure (MAP) is considered admissible if it is submitted to the Com - petent Authority within the two- or three-year period provided under the applicable double taxation treaty (DTT), starting from the date of notification of the tax assessment or adjustment, the imposition of which is not in accordance with the provisions of the applicable DTT. In cases where the applicable DTT does not specify a time limit, the request for MAP may be submitted at any time and will be considered admissible. For the orderly conduct and effective administration of the procedure, however, it is recommended that the request be submitted as soon as possible and in any event within five years of the relevant action. Requests submitted beyond this five-year period are accepted by the Competent Authority, which will exhaust all available means to review the substance of the case; however, resolving the matter in such instances may be difficult or even impossible. 8.3 Mandatory Binding Arbitration Greece provides for mandatory binding arbitration, but only as a treaty-based mechanism and not as a general feature of domestic tax dispute resolution. Mandatory arbitration may be invoked after the com - pletion of the Mutual Agreement Procedure (MAP) if the competent authorities of the jurisdictions involved are unable to resolve the dispute within the timelines set out in the relevant treaty. In such cases, an arbitra - tion panel issues a final and binding decision, which must be implemented by the competent authorities.
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