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How is my tax residency decided as a Greek Golden Visa holder?

I received my Greek Golden Visa more than two years ago and have been living in Athens ever since. Recently, I was told that if one becomes a tax resident of Greece, he or she needs to pay taxes on foreign income. How is one’s tax residency decided? When, if ever, will I become a tax resident of Greece?


Answers
  • Synergia Technical and Consulting SA
    April 25, 2019

    Greek tax law doesn't impose tax on one's global income if he is not a Greek fiscal resident. The fact of keeping the Golden Visa doesn't give you fiscal residency, only property tax and (if applicable) income tax from rentals of the property. According to article 4 of Law 4172/2013, an individual person is a tax resident of Greece, provided that: Greece is the permanent or principal residence, or habitual abode or center of vital interests, i.e., personal or economic or social ties; second, there is having a physical presence in Greece for a period exceeding 183 days within any 12-month period, continuously or intermittently, is a tax resident in Greece for tax year during which the 12-month period is completed. Who also maintains the duty of proof of tax residence? From 2011 (L.3943 / 2011), the responsibility of proof of tax residence of the individual one has the person himself. So the person who has his tax domicile abroad will have to come to the foreign office of the foreigners and prove that he has his habitual residence and his vital interests abroad. If he does not come to the tax department or does not prove the above, he will be required to declare and be taxed in Greece for his worldwide income, even if he is a permanent resident abroad. According to the above, habitual residence, as we said above, is determined by the length of time an individual is in a country, i.e., at least 183 consecutive or intermittent days per year. So, in order to be considered as a tax resident of Greece or abroad, you must have previously lived there for at least 183 days. Residency is presumed to be routine unless the taxpayer provides evidence of his residence in another state.

  • Stilianos Ch. Proestakis
    April 24, 2019

    In order to become a tax resident of Greece you have to produce income in the Greek economy in Greek tax territory. In the case if you earn money because you have an occupation (and you have income because of that) in Greece, then you are obliged to pay taxes for that income.

  • Papalois & Associates Legal
    April 26, 2019

    If you declare yourself as a tax resident of Greece, certainly you will taxed higher. It is advisable you get in touch with an accountant.

  • Penny Konitsioti
    April 27, 2019

    Please be aware that since you have a property in Greece and also professional activity, you are obliged to pay taxes for the gain activity as well as for the property obtained in Greece and not for the foreign income. For more details, you may advise an accountant on this.

  • Key To Success Limited
    May 06, 2019

    This is a query for your taxation advisor or accountant in Greece as it is tax specific rather than legal.

  • Dimitra Mella & Partners
    June 21, 2019

    According to the Greek Law (L. 4172/2013), an individual is considered as being tax resident in Greece if one of the following conditions is met: the individual maintains a permanent or principal residence or usual abode or center of living interests, namely their personal or financial or social relations, in Greece; the individual is a consular or diplomatic or public official or public servant having the Greek nationality and serves abroad. An individual that is physically present in Greece for a period exceeding 183 days within any 12-month period, either undisturbed or at intervals, is considered as tax resident in Greece.