Following up to our previous article , a new law has been issued regarding the stamp duty obligations on loans, also covering those between enterprises.
Article 172 of this Law 4972/2022 adds a new clause to the VAT Code and clarifies that interest-bearing loans are still subject to stamp duty. This way, the national legislature refutes the Decisions no. 2163/2020 and 2323/2020 of the Hellenic Council of State (Greece's Supreme Administrative Court) that ruled in favor of the abolishment of stamp duty for intra-enterprises loans.
Additionally, this new provision will have a retroactive effect dating back to 01.01.2021, meaning that every loan agreement concluded after this date is subject to stamp duty. The stamp duty due will have to be paid until 31.12.2022.
It is evident that the new legislation opts to completely clarify the framework of application of the stamp duty with regards to the loans, the financings and the interests, putting an end to the Decisions of the Dispute Resolution Directorate that revoked the refusal of the tax administration authorities to return the unduly paid stamp duty to the applicant companies.
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