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Fine of late submission or non submission or incorrect/incomplete summary table of information or documentation of intragroup transactions (Article 56)

With the provisions of paragraph 1 of Article 56 states that, in case of late submission or inaccurate / incomplete submission of the summary table of information of paragraph 3 of Article 21 of Tax Procedure Code (TPC) imposed a fine calculated at the rate of one millimeter (1/1000) of the taxpayer liable transactions for which there was obligation of documentation.

  • The above fine may not be less than five hundred (500) euros and more than two thousand (2,000) euros.
  • In case of late submission amending summary table of information, above fine is imposed only if the amounts of transactions are changed and the total cumulative differences are, in absolute value, over two hundred thousand (200,000) euros.
  • In case of an incorrect summary table of information the above penalty is calculated on the amounts concerned by the inaccuracy, which is found in the check box and charged only if the inaccuracy represents over 10% of total transactions for which there was obligation in documentation.

In Chapter H of the POL.1144/2014 GSPR of the Resolution (B’ 1374) states that the Summary Information Board considered inaccurate/incomplete when it does not agree with the content of the documentation and if they are not declared on this properly and fully specified items listed in Annex the POL.1097/2014.

With the provisions of paragraph 2 of Article 56 is stated that, in case of non submission of the summary Table of information imposed a fine calculated at the rate of one millimeter (1/1000) of transactions for which there was documentation requirement, which can not be less than two thousand five hundred (2,500) euros and more than ten thousand (10,000) euro.

Further, the provisions of paragraph 3 of Article 56 are setting escalating fines, in case of late availability or non-availability of the Tax Administration documentation of paragraph 1 of Article 21 of Tax Procedure Code (TPC).

In case of late availability of the thirty-first (31st) day of notification of relevant invitation to the sixtieth (60th) day is setting a fine of five thousand (5,000) euros, the sixty-first (61st) day to the ninetieth (90th) day is setting a fine of ten thousand (10,000) euro, and if not available at all or available after the ninetieth (90th) day a penalty equal to twenty thousand (20,000) euro.

For convenience are listed in tabular form the categories of the fines and the related charges.

 

Case Fine
a) Late Submission Summary Information Table (Article 56 paragraph 1a and 1b) 1/1000 on to trade documentation Minimum fine 500€ and maximum 2.000€
b) Late Submission of Amending summary Table of information (Article 56 paragraph 1c) Only in case where the amendment concerns a total change in the amount of documentation for transactions above 200.000€.
1/1000 on the documentation for transactions (for which there was documentation requirement).
Minimum fine 500€ and maximum 2.000€
c) Submission of incorrect / Incomplete Summary of Information Table (Article 56 paragraph 1d) Only in case where the imprecision represents over 10% of total transactions for which there was an obligation of documentation.

1/1000 on the amounts concerned by the inaccuracy.

Minimum fine 500€ and maximum 2.000€

d) Failure to submit the summary table (Article 56 paragraph 2) 1/1000 on transactions for which there was obligation of documentation.
Minimum fine of 2.500€ and a maximum of 10.000€
e) Late disposal of documentation file on Tax Administration (Article 56 paragraph 3) Delivery between 31th and 60th day after the notification of relevant invitation Fine: 5.000€
Delivery between 61st and 90th day after the notification of relevant invitation Fine: 10.000€
Delivery after the 90th day after the notification of relevant invitation or non-delivery Fine: 20.000€

Examples

  • Debtor of compliance of documentation file electronically overdue submit of Summary of Information Table (After the deadline specified in paragraph 3 of Article 21, namely after four months from the end of the tax year).

In that case is imposed the fine of paragraph 1a of the article 56, with the limitation in paragraph 1b of the article 56.

Specifically:

  • In case of late submission of the summary information table with the amount of transaction to documentation 400.000€ is imposed the fine 1/1000*400.000€ = €400, which under the threshold raised of paragraph 1b of Article 56, it is € 500.
  • In case of late submission of the summary information table with the amount of transaction to documentation 600.000€ is imposed the fine 1/1000*600.000€ = €600 (within specified limits).
  • In case of late submission of the summary information table with the amount of transaction to documentation 2.200.000€ is imposed the fine 1/1000*2.200.000€ = €2.200, which under the threshold raised of paragraph 1b of Article 56, it is € 2.000.
  • Debtor of compliance documentation file shall submit belatedly amending Summary Information Table (After the deadline specified in paragraph 3 of Article 21, namely after four months from the end of the tax year). In that case is imposed the fine of paragraph 1c of the article 56, provided that the amendment relates to transactions changes totaling over 200.000 €, in absolute value, with the limitation set in paragraph 1b of the Article 56.

Specifically:

  • In case of late submission of modifying Summary Information Table with total difference in height of transactions, between the original and the amending summary table, € 200.000 no fine is imposed.
  • In case of late submission of modifying Summary Information Table with total difference in height of transactions, between the original and the amending summary table, 210.000€ (over 200.000€) and total height of transactions for documentation, after modification, 450.000€ is imposed a fine of 1/1000*450.000€ = 450€, which under the threshold of paragraph 1b of the article 56, it is 500€.
  • In case of late submission of modifying Summary Information Table with total difference in height of transactions, between the original and the amending summary table, 210.000€ and total height of transactions for documentation, after modification, 2.300.000€ is imposed a fine of 1/1000*2.300.000€ = 2.300€, which under the threshold of paragraph 1b of the article 56, it is 2.000€.
  • In case of late submission in more than one modifying Summary Information Table with total cumulative difference, in absolute value, with total difference in height of transactions, between the original and the amending summary table, 210.000€ and total height of transactions for documentation, after the last modification, 2.300.000€ is imposed a fine of 1/1000*2.300.000€ = 2.300€, which under the threshold of paragraph 1b of the article 56, it is 2.000€.
  • In case of submitting new amending Table, as original Table for calculating possible new fine, is considered the last amending under which the first fine was imposed. In the above example, as the original panel considered that the transactions which declared amounting to € 2.300.000.

Intragroup TransactionsChoose one of the following Intragroup Transactions categories

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