Nov 16, 2022

Law 4972/2022 – Ιmposition of stamp duty on interest bearing loans

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Law 4972/2022 was passed on 23-09-2022 which, among others, clarified the #tax regime in respect of the imposition of #stampduty on interest bearing loans. By virtue of article 172 of law 4972/2022, article 63 of law 2859/2000 on VAT has been amended accordingly so as to allow the imposition of stamp duty on interest-bearing loans. It has been, therefore, clarified that interest-bearing loans, although falling within the scope of VAT, may be subject to stamp duty. The aforementioned provision has a retroactive effect from 1.1.2021 so as to cover the imposition of stamp duty on loan agreements that have been entered into in 2021, but provides for a deadline until 31.12.2022, within which taxpayers may pay the relevant amount of the stamp duty without incurring penalties.

Law 4972/2022 overrides the recently issued decisions of the Council of State (No. 2323/2020 and 2163/2020), by which the Council of State had ruled in favor of the abolishment of application of stamp duty to #loans between companies under certain conditions, putting, thus, an end to the decisions of the Dispute Resolution Directorate that were being issued, based on the aforementioned decisions, in favor of taxpayers who had been requesting the return, or had been denying the imposition, of stamp duty.

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