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04.08.09, 11:45
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EXCEPTIONAL TAX ON INCOME IMPOSED BY THE GREEK AUTHORITIES
This Administrative Notice is intended for officials and former
officials having declared their Commission salary or pension in 2008
to the tax authorities in Greece and now being requested by the
Greek authorities to pay an exceptional tax on that income.
The Commission has recently been contacted by several officials and
former officials on the subject of an alleged infringement by the
Greek Authorities of the Protocol on Privileges and Immunities of
the European Communities.
It appears from the information received that the Greek tax
authorities are applying an exceptional tax on the 2008 income of
all Greek residents, including Community remuneration, wages,
emoluments and pensions which are exempt from taxation under
national law by virtue of the Protocol on Privileges and Immunities.
The Commission has started a thorough analysis of the pertinent
Greek legislation in order to decide whether or not that legislation
and/or its application to Community officials or former officials
constitute an infringement by Greece of European Union law.
With regard to the tax bills sent out by the Greek authorities to be
paid by the end of July, it should be noted that neither the opening
of a file by the Commission nor the possible launch of an
infringement procedure has the effect of suspending the enforcement
of national law. The conditions concerning the payment of the
requested amounts depends therefore exclusively on the relevant
Greek tax laws.
In this regard, the Commission is ready to assist the officials and
former officials to consult a specialised lawyer. More detailed
information on the kind of assistance which the Commission can offer
in this context will be published shortly.
