In accordance with paragraph 2 of Article 48 of Law No 5100/2024 (Government Gazette A' 49), the constituent entities established in Greece submit a Top-up Tax Information Return electronically to the Tax Administration. That return may be submitted by a designated local entity on behalf of the constituent entity.
In the case of joint ventures, joint venture affiliates and minority-owned constituent entities, the return is submitted by the member designated by the MNE Group or the large-scale domestic group that falls within the provisions of Law No 5100/2024.
The Top-up Tax Information Return is submitted to the Tax Administration no later than fifteen (15) months after the last day of the reporting fiscal year. By way of derogation from the above, for the first reporting fiscal year, namely for the fiscal year commencing on 31 December 2023, the Top-up Tax Information Return is submitted to the Tax Administration no later than eighteen (18) months after the last day of the reporting fiscal year.
Article 9AE of Law No 4170/2013 (Government Gazette A' 163) establishes the obligation to exchange, between the competent authority of Greece and the competent authorities of the other Member States (MS) of the European Union (EU), the Top-up Tax Information Returns referred to in Article 48 of Law No 5100/2024 (Government Gazette A' 49), which are submitted to the Tax Administration by the constituent entities of Multinational Enterprise (MNE) Groups.
Furthermore, Section IV of Annex VII to the aforementioned law contains the standardised template that the reporting entities must use in order to fulfil the filing obligations under Article 48 of Law No 5100/2024.
The communication of the Top-up Tax Information Returns takes place in accordance with the adopted dissemination approach, described in paragraph 2 of Article 9AE of Law No 4170/2013, within three (3) months from the expiry of the submission deadline for the reporting fiscal year, or within three (3) months from the date of their receipt where they are submitted to the competent Greek authority after the submission deadline. Specifically for the first reporting fiscal year, namely for the fiscal year commencing on 31 December 2023, the said Returns are communicated to the competent authorities of the other MS of the EU no later than six (6) months from the expiry of the submission deadline and, in any event, not earlier than 1 December 2026.
Article 9AE gives effect to the derogation from the rule of “local filing” of Top-up Tax Information Returns by constituent entities where such a return has been submitted by the ultimate parent entity or by a designated filing entity located in another MS of the EU (“central filing”).