Pefili

GSEVEE sent a letter to the Deputy Minister of Finance, Mrs Papadassiou and the Secretary General for Economic Affairs. Commerce & Consumer Protection, Mr. A. Papadradakis on the obligation to supply electronic payment instruments.

In particular, the letter states that:

According to the Joint Ministerial Decision 45231/2017 (Government Gazette B 1445 / 27.4.2017), the deadline for the supply of electronic payment instruments by a large subset of craftsmen, traders and professionals is expired on 27 July 2017. However, reports of malfunctions encountered by companies in application procedures and approval of terminal equipment supply have been multiplying lately.

In particular, the reports focus on the following:

1) There are a number of seasonally-based businesses located in remote areas with low turnover and lack of access to, or supply of, suitable technological equipment due to a lack of digital infrastructure at local level. For these businesses, care should be taken to get rid of the obligation to supply electronic payment instruments for the period up to and including the full implementation of the measure. It is suggested that this provision could apply to companies in analogy with the POL for the persons required to collect receipts by electronic means (POL 1005/2017, “Taxpayers living permanently in villages with a population of up to 500 inhabitants and islands with a population below 3,100 inhabitants, according to the latest census “).

2) Banks delay or reject the terminal version when they assess that the business is not an attractive customer. Obligatory implementation of the terminal installation measure by July 27 in some occupation groups will result in fines of € 1,500, but it is unknown what happens if the fault for the non-commissioning of the terminal is borne by the banks or some other supplier. In the short term, the possibility of extending the obligation until the end of 2017 should be explored. It is proposed that banks’ written rejection of claims should be obligatory in order to provide evidence of the firm being controlled.

3) Charges remain prohibitive for certain categories of companies, as they exceed 1%, while the maintenance and supply costs of the component should be taken into account. It is proposed, for reasons of competition, to impose corporate billing thresholds (not exceeding 1%) otherwise the company may operate without having an electronic payment instrument (let’s choose to deposit in a bank account).

4) Account pledges / seizures lead companies to a reverse option, that is, a money-holding incentive is created outside the official banking sector, which negatively affects the deposit base, financial stability, tax revenues and normalization of economic relations in the market. The consequence of this is that the business, which has no bank account and has very few transactions with POS terminals (contrary to the stated objective of the tax authorities), has a distortive comparative advantage. It is proposed to implement a rigid business account, through which payroll, suppliers, asset accounts will be covered.

GSEVEE estimates that the above actions will lead directly to consolidation of confidence and restoration of the chain of transactions between businesses – banks – tax authorities, and calls on the Ministry to take the appropriate legislative initiatives.

Regarding the Ministry of the Interior of the Republic of Cyprus “Regulations for the modernization of the institutional framework for the organization and operation of Municipal Water Supply and Sewerage Facilities (DEYA) – Arrangements for organization, operation, finances and personnel Of the OTA. – European Territorial Cooperation Groups and Other Provisions “submitted to the Greek Parliament, GSEBEE evaluates as a positive step the effort to solve the problems that have been established in the local communities and the local government, and effectively hindered the establishment of a functional relationship between local self- – society and consumers.

GSEVEE is in principle positive to the new guidelines set out in the bill and reiterates the need for specific amendments to certain articles which will lead to more efficient regulation and better organization of the local market and municipal authorities.

Article 52

More specifically, Article 52 provides for the possibility of a favorable settlement of debts to local governments. , Derived from fees, taxes, royalties, contributions, as well as the surcharges, interest and fines imposed on them. The limits are improved compared to the original draft law that was in the consultation, but GSEVEE considers that there may be more favorable regulation with regard to both the exemption thresholds and the notice time. However, the original wording of paragraph 1 should be improved in order to include clearly the fines and surcharges in the meaning of the charge (“Liabilities to municipalities and their legal entities, who have been certified for up to two (2) months from The entry into force of this Convention may, at the request of the debtor to the authority responsible for the collection of the municipality or its legal person, be settled and paid with an exemption of a percentage of the surcharges And interest exp As well as fines due to late submission or non-submission or inaccurate declaration or failure to pay a fee)

More specifically, we believe that it is necessary to include established or unpaid debts, which were born at an earlier time and that the municipalities have not undertaken the necessary actions due to the burden or other administrative obstacles (“Natural and legal debts to the municipalities and their legal entities, Which have been ascertained or not for up to two (2) months from the date of this publication). It should be made clear in paragraph (c) of paragraph 2 that all uncertified debts are included.

For the exemption scales, we consider that there should be a full deduction of fines and fines for up to 24 doses, and then there will be an adjustment with reductions of 90%, 80%.

(A) if a lump sum payment of up to 24 installments is paid, 100% (100%),

(B) if paid in two (2) to twenty-four (24) installments, provided that each installment is not less than twenty (20) euros, with an eighty percent (80%

(C) if repayable in twenty-five (25) to forty-eight (48) installments, with a seventy percent (70%) exemption (90%)

(D) if repaid in forty nine (49) to seventy-two (72) installments, with a 60% exemption (90%)

(E) if they are repaid in seventy-three (73) to one hundred (100) installments, with a 50% exemption (50%). (To be 80%)

In addition, subject to regulation should automatically lead to tax evasion without additional payments if the arrangement is properly maintained.

It is important and it should also be included in the regulation that in cases where the Local Authorities have abolished 2% of the municipal fee by their decisions and they have withdrawn their decision, the persons liable should be “exempted from paying the fee for the From the date of the judgment and until it is revoked ‘. (Justification – for example: (a) under the principle of the legitimate expectations of the administration to the administration; (b) the tax was not collected under the decision; (c) it has adverse consequences such as to lead to the extermination of undertakings.

In addition, according to the unfavorable economic conditions prevailing in the framework of the assistance of the professionals of the Branch, a paragraph (amendment of the Law 2539/1997) according to which the fee on the gross income for the Entertainment Centers should be set at a percentage Up to 5% upon decision of the relevant City Council.
> Article 56

The proposed regulation extends the validity of the active lease agreements concluded before the entry into force of Law 4254/2014 by the kiosks and canteens. GSEVEE considers the arrangement of a tenancy extension of up to 10 years (leading to the firm’s call for equalization of contracts), while in the second paragraph it should be made clear that the extension period in the case of deceased contractors will be at least 2 years To), because misconceptions are created and lead to a possibility of unilateral change.

GSEVEE sent a letter to the Minister of Finance, Mr. E. Tsakalotos and the Minister of Economy and Development, Mr. D. Papadimitriou, requesting, in addition to the payment of the expected compensation (activation of Law 3775 / 21.7.2009) Actions necessary to compensate for the damage suffered.

In particular, the letter states:

Mr Minister,

We regret to see that in a very critical period for the recovery of the Greek economy fellow entrepreneurs have been at the center of extreme violence by a group of people, resulting in serious damage to their businesses. GSEVEE, like any elderly citizen, can only express its dissatisfaction with the lack of protection observed during vandalism. In addition to being a fundamental obligation on the part of the State to provide an adequate level of security for all citizens and their property, securing such a level is a necessary condition for the recovery of business that has so much been wounded in recent years, Of Athens which is also a tourist destination.

Given the financial difficulties still faced by small and micro enterprises, we believe that in addition to the payment of the allowances foreseen (activation of Law 3775 / 21.7.2009), it is necessary to undertake immediately the actions required for Compensation for the damage suffered.

To support businesses in downtown Athens that suffered heavy damage Monday night, GSEVEE asks. The state will have to pay direct compensation to businesses.

As noted by the President of GSEVEE, Mr. G. Kavathas, the state should compensate the shopkeepers and ensure their proper functioning, protecting entrepreneurs and consumers from such incidents.

At a time when small and medium-sized businesses are making a daily struggle to survive any additional damage, it leads faster to bankruptcy and thousands of unemployed workers.

At the same time, GSEVEE expresses its deep dissatisfaction with the appalling events that have resulted in the destruction of shops in Ermou, the most commercial street of Greece during the tourist and discount periods.

A meeting of GSEVEE President G. Kavvathas with the Deputy Minister of Finance was held today. Mr Papanatsiou, in order to discuss topical tax issues relating to small businesses.

The President of GSEVEE reiterated the pressing problem that many businesses face regarding the mandatory installation of POS terminals until July 27, 2017, as there is a refusal of credit institutions to provide terminals or especially facilitate small businesses for their digital transformation. At the same time, due to the fact that there is no predictable business account and the high number of seizures and account bindings, businesses are quite cautious about adopting electronic payment instruments, and the adjustment costs are not negligible.

Mr Kavathas also pointed out the need to create more favorable terms for debt settlement, highlighted the value of the 72/100 voted arrangements and raised the issue of the effective settlement of public and private debt set-offs, as well as the establishment Tax-free limit for professionals.

The meeting was held in a climate of mutual understanding, the State Secretary said that support for small and medium-sized enterprises is a priority of the Ministry and that its staff is working on plans to simplify and facilitate tax procedures for the benefit of small businesses and professionals.

GSEVEE considers the transition to the digital era and the spread of electronic transactions as a strategic goal, but underlines that at present there are significant risks from the lack of a framework for the protection of small businesses, many of which due to the multiple cumulative burdens from 2010, Tend to prefer the formal cessation of activities and opt for their transfer to the informal sector of the economy, with obvious consequences for tax revenues, healthy competition and financial Or stability. GSEVEE invites the competent authorities (Tax Administration and Trade DG) and banks to take initiatives to facilitate and reduce the cost of business transition to the new digital age. POS terminals need to be reform tools rather than means of profits and market shares by small businesses.

The full text of the pleading is as follows:

Suggestions – GSEVEE Posts

TAX POLICY ISSUES

Small businesses, despite the major problems they faced with the implementation of capital controls and the disruption of the informal payment system that has occurred in recent years, seem to have shown a high degree of readiness. Despite the fact that they were significantly and heterogeneously affected by how capital controls were implemented, losing significant market shares, and having been burdened with significant commissions and charges on turnover for the supply and use of terminal machines, small businesses managed to integrate In their operation the use of electronic / plastic money responding to the new market needs.

According to the latest survey by IME GSEVEE, the percentage of enterprises that maintains POS electronic banking and terminal equipment for retail transactions has increased significantly since July 2015 (with the start of capitalcontrols). From 28.1% in July 2015, the percentage of enterprises that had POS in February 2017 was 52.4%.

However, there is a gradual slowdown in the adoption of electronic payment instruments by businesses, despite the fact that consumers are beginning to adapt to the new digital reality (in the last six months the growth trend was very weak, from 49% to 52.4%) .

In addition, it remains unclear how much the share of turnover generated by electronic payments, especially in small businesses, varies according to the rate of increase in tax liabilities and third-party attachment procedures. In the latest survey by IME GSEVEE, it was found that 33% of the turnover of small businesses is carried out through the use of POS.

In general, the absence of an effective fiscal incentive mechanism for businesses and consumers appears to have a negative impact on the adoption of friendly behavior towards electronic payment instruments. The seizure risks create a spiral of separation of many small businesses from the official banking system and avoiding conventional trading methods.

In a survey conducted between members of federations and first-level organizations, the following issues emerged:

1.Banks are delaying the terminal version when they assess that the business is not an attractive customer. Mandatory implementation of the terminal installation measure until July 27 in some occupation groups will result in fines of € 1,500, but it is unknown what happens if the fault for the non-commissioning of the terminal is borne by the banks or some other supplier. In the short term, the possibility of extending the obligation until the end of 2017 should be explored.
2.Account bindings / seizures lead companies to reverse choices, that is, a money-holding incentive is created outside the official banking sector, which negatively affects the deposit base, financial stability, tax revenues and normalization of economic relations in the market. The consequence of this is that the business, which has no bank account and has very few transactions with POS terminals (contrary to the declared objective of the tax authorities), gets a distortive comparative advantage.
3.Charges remain forbidding for certain categories of businesses, as they exceed 1%, while the maintenance and supply costs of the component should be taken into account. This is a modern form of a third-party tax. To address the high cost to customers and businesses, it is proposed to allow small businesses to use alternative machines that will accept tax cards or other forms of compliance and will send transaction data directly to the tax authority.

Proposal for a bad business account

GSEVEE considers the transition to the new digital era to be a very significant development by spreading electronic transactions at B2C and B2B levels. The adoption of electronic invoices and the spread of electronic banking will be a positive development for the whole economy. In addition to being able to immediately inform tax authorities about business revenue, it is possible to cross-check financial data and reveal incomes that would otherwise not have entered the system. Also, with electronic banking, the stability of the banking system is strengthened and conditions are created for the most immediate removal of capital controls, the return of liquidity and the improvement of market psychology. Lastly, there is a significant boost to the new prospects that can open up e-commerce even for small businesses, which can use more efficiently and attract newer customers more economically.

However, lately, tax administration’s actions aimed at collecting taxpayers’ tax arrears are intensified, apparently with a view to meeting the budgetary objectives and prerequisites of the third program. According to press reports and data we collect through IME GSEVEE, seizures of accounts are also noted for low debts. In addition to the uncertainty that causes such a move to the market, it essentially blurs the above ambitious endeavor of spreading electronic transactions as a means of increasing tax revenues, disclosing income, reducing tax evasion, promoting e-commerce, enhancing banking stability, reducing administrative costs for businesses and tax Authorities. Additionally, it makes the company hostage of all kinds of debts, without any possibility of improving its business position.

It is obvious that the revenue of the enterprise is not a net profit but is intended to cover a significant part of the liabilities: current employee and employer contributions, current taxes to the tax office, payroll, debts to suppliers, energy and travel costs, Various other charges. The blocking of an account means that there is a threat of declaring an economy unable to cover the entire chain of obligations with obvious effects on production and trade. This is a de facto closure situation for a business.

For all of the above reasons, GSEVEE underlines the need to establish a single unprofitable business account (either at a 3-year transition or a turnover), which will serve all the economic functions of the business and whose technical configurations can Be subject to certain criteria, such as turnover, debt, etc.

OTHER TAX ISSUES

THEMES OF AUTHORITY-TAX POLICY

1.Establish tax-free income for professional activity / equal treatment of taxpayers.
2.Extension of the measure of collection of evidence to all natural persons and professionals / traders.
3.Gradual reduction / removal / embedding of business fee.
4.Solving the problem of timely repayment of liabilities and deferred reporting by banking institutions to tax authorities. This problem creates a spiral of negative developments for the business that can lead to even loss of regulation and confiscation of all available funds, with possible suspension.
5.Increase in maximum turnover for non-taxable persons. Alternatively, for turnover up to € 30,000, the trader is treated in the same way as a natural person – a taxpayer.
6.Unblocking the possibility of transferring real estate / receiving payment from a public / and other operations for collecting and maintaining the tax arrangements. A similar direct procedure to follow for the tax refund procedure.

The presentation of the results of the “Law Law Clinic” research in the international trade law for the year 2016-2017 took place on Wednesday, June 14, at the main building of the University of Athens. This workshop is being held for the 2nd year with the participation of academic groups of students from the Department of Legal and Scientific Social Workers. The scientific supervision and the editing of this particular was organized by the Athens PIL of the Law School of the National and Kapodistrian University of Athens, headed by Mr. Anastasios Gourgourinis, Lecturer of the Law Department in collaboration with FSE GSEVEE, BSE, Greenpeace and WWF Hellas.

The themes developed this year on facilitating and encouraging the participation of small and medium-sized enterprises and addressing distortions in international trade were 1) the aspects of the new CETA (Europe Trade Agreement); 2) the implications and legal implications of the Russian embargo on European Agricultural products and 3) trade defense instruments for Greek small and medium-sized enterprises.

* Under the Trade Law Clinic, undergraduate students from the Law School of Athens undertake to carry out scientific studies (informative, advisory and ad hoc) on specific themes of common interest, in cooperation with bodies and civil society, under academic supervision and supervision. The purpose of the Trade Law Clinic is to place the theory of international trade law in practice so that the research produced takes into account real social needs and concerns.

In this regard, scientific research is carried out by the students participating in the Law School of Athens, while the collaborating institutions carry out (in depth for one academic year) a series of regular meetings with them in order to provide them with the necessary information and reflections and to direct them towards The practical research questions.

The Social Partners, GSEE – SEV – GSEVEE – ΕΣΕΕ – ΣΕΤΕ, and the EUMC will hold an informative workshop on the exclusive subject of the Extrajudicial Mechanism on Wednesday, June 21, 2017 at 18.30. It is a fact that the ability to regulate all the debts of a company is a determining factor in its sustainability, which affects not only the employers’ organizations but also those of the employees. Applying the possibilities of the new law will therefore be a valuable tool both for companies and for the employees working in them.

The keynote speaker will be the Special Secretary for Private Debt Management, Mr. Fotis Kourmousis, and representatives of banks.