The legal and fiscal responsibilities of managing legal entities

Νομικές ευθύνες/ GREKOS CONSULTING

Under Article 50 (Fiscal Procedure Code), the persons who run a legal person are personally and jointly liable alongside the legal person with their personal property, for the tax debts of the legal person in specific cases.

More specifically, the persons who are chiefs, directors, administrators, managing directors, authorized officers and liquidators of legal persons at the time of dissolution or merger are personally and jointly liable for the payment of the taxes, interest and fines owed by them legal persons and the with holding tax, irrespective of the time when these amounts are established.

Withholding taxes and VAT

With regard to withholding taxes (e.g.payroll tax, dividends etc.), VAT and related taxes, the above persons are also responsible during the operation of the legal entity they represent with the following distinction: a) If all the persons having one of those properties from the expiration of the tax reimbursement period and then (since in this case the legal person has illegally detained the amounts withheld) has been made the withholding tax. (b) If no withholding tax has been made, all persons having one of the above qualities at the time of the withholding tax.

Unified property ownership tax (ENFIA)

ENFIA concern all legal representatives of legal persons for the payment of interest and fines due to their own actions or omissions.

The persons who are responsible for the payment of the mentioned taxes by the legal person have all the rights a legal person would have at his disposal across the tax administration.

Tax evasion crimes

Apart from the personal liability for the payment of taxes, legal persons are also liable for criminal offenses and for any possible tax evasion of the legal person.

In the case where a legal person commits tax evasion or issues false or fictitious tax information or accepts fictitious tax information or distorts such data, the person responsible for such crimes is generally any person authorized to administer or manage or represent the legal person, on condition that any act or omission have contributed to their accomplishment. The commission of these crimes involves criminal penalties according to the above provisions, with the possibility of conversion and suspension of the sentence in accordance with the Penal Code.

Liability of shareholders

Tax payers are liable for tax liabilities if at the time of dissolution of a legal person (not listed on a stock exchange) not all tax liabilities have been settled.

Solidarity is the responsibility of share holders or partners of capital companies which at the time of the dissolution of the legal entity have a stake of at least 10% and up to the amount of the profits they received as a result of their status in the three last years before the solution. Similarly, shareholders or partners are also liable, with a holding of at least 10% in the last three years prior to the dissolution of the legal person, if the debt relates to the period in which those persons were shareholders or members.