Unconstitutional the 20-year and 10-year statute of limitations for the imposition of additional taxes

What is the reasoning of the Council of State. In both cases, consequently, the 5-year statute of limitations applies.

Unconstitutional the 20-year and 10-year statute of limitations for the imposition of additional taxes

This article is an AI translation of an original piece published in Greek. Read original

The Council of State, with its decision no. 1246/2026, ruled unconstitutional the provision of the 20-year statute of limitations of the State's right to impose tax charges due to tax evasion, just as unconstitutional was also deemed the 10-year statute of limitations of the State's right to impose tax charges due to tax evasion. In both of these cases, consequently, the 5-year statute of limitations applies.

Specifically, the seven-member panel of the Second Section of the Council of State, chaired by Vice President Konstantinos Kousoulis and with rapporteur Councilor of State Maria Stamatopoulou, held that: a) the provision of a 20-year statute of limitations for the State's right to impose tax charges due to tax evasion (article 36 para. 3 of law 4174/2013) is contrary to the constitutional principle of proportionality, and b) the transitional provision of article 66 para. 27a sentence b of law 4646/2019 concerning a 10-year statute of limitations for the State's right to impose tax charges due to tax evasion is contrary to article 78 para. 1 and 2 of the Constitution, because it covers in this case a year (2013) earlier than the previous year of the publication of the law.

SOURCE: ANA-MPA

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