Diligence
Scientific team Taxhaven
We present the changes to the personal income tax return (E1) of the tax year 2023, in relation to the tax year 2022:
► To Table 2 added lines 23 and 24 (codes 045-046 and 047-048):
The new codes 045-046 “You fall under the provisions of para. b or d of par. 6 of article 28A 4172/2013″ title=”” target=””>KFE and are exempt from the application of the minimum net income from business activity or you fall under par. 7 of of article 28A 4172/2013″ title=”” target=””>KFE?” are completed by the taxpayer in order to exempt him from the determination of the minimum net amount of income of articles 28A – 28D of the Tax Code or the proportional reduction of the presumptive income in the case of carrying out business activity for a limited period of time based on legislative or regulatory regulation.
In the sub-table of this code, the taxpayer can choose:
A) “Do you fall under the provisions of paragraph b of paragraph 6 of article 28A of 4172/2013″ title=”” target=””>KFE? (exception for insurance intermediaries)”
B) “Do you fall under the provisions of paragraph d of paragraph 6 of article 28A 4172/2013″ title=”” target=””>KFE? (exception for coffee shops in settlements <500 inhabitants)"
C) “Do you carry out business activity for a limited period of time based on legislation or regulation?” (par. 7 art. 28A)”
The new codes 047-048 “Do you fall under par. 2 and/or par. 3 of article 28C 4172/2013″ title=”” target=””>KFE and are you entitled to a reduction of the minimum net income from business activity?” are completed by the taxpayer in order to receive the halved reduction of the minimum amount of net income of articles 28A – 28D of 4172/2013″ title=”” target=””>KΤΕ. In the sub-table of these codes, the taxpayer can choose one or more of the following indications:
A) “Do you have the status of a large parent or an orphaned child?” (article one of Law 1910/1944) (A’ 75)”
B) “Are you the parent of a single-parent family with minor children?”
C) “Are you a taxi operator with < 25% ownership?"
D) “Professional headquarters and main residence in a settlement with a population of less than five hundred (500) inhabitants or in islands with a population of less than three thousand one hundred (3,100) inhabitants”
The required supporting documents are defined in article 6 of decision A.1061/2024, while the clearance of the declarations in question, after checking the supporting documents, in the cases required, will be completed at the department responsible for receiving the declaration.
► To Table 4A lines 11 and 13 of last year’s form (codes 333-334 and 349-350) related to the solidarity levy were deleted and the existing ones were renumbered:
► To Table 4B
a) a change was made to the table description:
b) deleted line 5 (codes 261-262) related to the solidarity levy:
and
c) added lines 10 and 11 (codes 269-270 and 271-272):
In the new codes 269-270 are pre-filled by the tax administration based on the electronic files available to it [σχετική η Α.1025/2024 (Β’1063) απόφαση] amounts that are taxed independently at a tax rate of 15% or 20% and concern:
i. the compensation of members of the Independent Appeals Committees of article 5 of Law 4375/2016 (A’ 51),
ii. the salaries, benefits and other fees from the National School of Judicial Officers, in accordance with the provisions of paragraph 1 of article 52 of Law 4871/2021 (A’ 246),
iii. the fees of the former judicial officers and members of the main staff of the Legal Council of the State, as well as the General Manager who participate in the Committees for the Out-of-court Resolution of Tax Disputes of the first paragraph of paragraph 10 of article 16 of Law 4714/2020 (A’ 148 ).
iv. the retroactive amounts received within 2023 by dividend holders of the Army, Navy and Air Force Equity Funds and the Army, Navy and Air Force Dividend Support Special Accounts, which are taxed in the year of their payment at a tax rate of 20%, in accordance with the provisions of par. 4 of article 60 of 4172/2013″ title=”” target=””>CPC, as it applies after its amendment by article 65 of law 5042/2023 (A’ 88).
In the new codes 271-272 the tax withheld for the incomes of codes 269-270 is indicated.
► To Table 4C2 added lines 2, 3 and 18 (codes 405-406, 407-108 and 443-444) and renumbered the rest:
In codes 405-406 the minimum amount of net income from the exercise of business activity of Articles 28A – 28D of the Tax Administration is pre-filled by the Tax Administration. In the development of the relevant internal sub-table, the calculations of the tax administration regarding the determination of the minimum amount of net income are shown in detail.
In the new codes 407-408 are transferred from code 665 of table H’ of form E3 the net (presumed) profits of construction companies for which, based on the transitional provision of par. 23 of article 72 of 4172/2013″ title=”” target=”” >The previous provisions of Article 34 of Law 2238/1994 are applied to KFE. The profits in question are not set off against any accounting losses (codes 413-414), as well as losses from previous years (codes 415-416).
New codes 443-444 :
In the case of disputing the minimum amount of net income, for reasons other than those mentioned in par. 3 of article 28A of 4172/2013″ title=”” target=””>KFE, the taxpayer has, in accordance with par. 4 of the same article, the possibility to request an audit of article 27 of the Tax Code to prove the accuracy of his declaration of income less than the presumptive one, by submitting the income tax return on time and selecting the new codes 443-444. After the submission of the declaration, an act of administrative determination of the tax is issued, in accordance with the provisions of article 4 of decision A.1055/2024. The taxpayer is obliged, no later than sixty (60) days from the end of the deadline for submitting the income tax return, to complete a questionnaire in accordance with the provisions of paragraph 1 of article 27 of the Tax Code (article 4 paragraphs 1 and 2 of decision A.1055/2024).
► To Table 4D2 changed the wording of line 7 (codes 121-122):
► To Table 6
a) deleted lines 4 and 5 (codes 657-658 and 617-618) of last year’s form that related to tax-exempt income subject to solidarity levy:
and
b) added line 4 (codes 445-446):
In the new codes 445-446 pre-filled by the tax administration, the tax-exempt income from business activity according to article 5C of the Tax Code in the case of determining the minimum net income of articles 28A-28D 4172/2013″ title=”” target=””>KFE.
► To Table 7
a) deleted line 12 (codes 631-632):
and
b) in line 12 (codes 633-634) added reference to the years 2018-2022:
In codes 633-634 the amount paid within the tax year 2023 by full-time tax-paying teachers and lecturers to A.E.I. who do not carry out individual business activity, in the Special Research Funds Account (E.L.K.E.) of A.E.I., pursuant to the provision of paragraph b of paragraph 3 of article 23 of the law. 4009/2011 (A’ 195), as amended by article 113 par. 1 of Law 4821/2021 (A’ 134) and concerns the years 2018 and following. According to the provision of paragraph e of paragraph 3 of article 23 of Law 4009/2011, as replaced by Article 68 paragraph 1 of Law 4758/2020 (A’ 242) and valid according to paragraph a ‘ of article 485 of Law 4957/2022 (A’ 141), the amount paid by each liable Professor or serving lecturer for debts from the year 2018 onwards is deducted from the tax return submitted in the following tax year, therefore the amounts determined pursuant to the provision of paragraph b of paragraph 3 of article 23 of Law 4009/2011, paid in the year 2023 and relating to debts of the years 2018 to 2022, are deducted from the incomes of all categories that will be included in the income tax returns for tax year 2023.
► Finally, a table was added which will present the analysis of the determination of the minimum income (presumed) for sole proprietorships that will be taxed with articles 28A to 28D tu 4172/2013″ title=”” target=””>KFE:
