Abolishment Of Stamp Duty On Loans Between Enterprises

In 2020, with the Decisions no. 2163/2020 and 2323/2020, the Hellenic Council of State (Greece's Supreme Administrative Court) held that the granting of interest-bearing loans falls within the scope of VAT and therefore said loans are not subject to stamp duty.

Factual background: A Greek company was granted consecutive interest-bearing loans by foreign affiliated undertakings. The loans were granted abroad, but part of the payments took place in Greece in the form of offsetting, manifested in the company's accounts. The tax administration authorities-imposed stamp duty on these payments, having been taken place in Greece. The company appealed the imposition decision before the administrative court. The appeal, having been dismissed at first and second instance, was upheld by the Supreme Administrative Court's final decision.