On 23 October 2020, the Supreme Court has made a decision that an informal company cannot be subject to income tax provided by law 2238/1994. An informal company is a company that does not have legal personality because it lacks the constituent document, or because the legal requirements for the publication of such document have not been met.
The list in the provisions of the Income Tax Code (Law 2238/1994) of natural and legal persons subject to income tax is complete and not indicative and it is not possible to apply these provisions proportionally or expansively to other than those explicitly mentioned. in them, persons. Therefore, a legal entity, such as the “informal company”, which does not explicitly refer to the provisions of the above Code (nor to other provisions in force at the relevant time in the present year, financial year 2006, provisions) subject to income tax, may not be subject to the income tax provided by this Code of natural or legal persons.
