Tag: Partially fictitious

Tax authority challenge under which only a portion of declared costs or transactions is deemed fabricated or unsupported, with the remainder accepted as genuine. Authorities typically dispute the evidentiary basis for deductions, triggering reassessments, penalties, and fine apportionments on the fictitious element.

Greece vs S.p.A. ST. MEDICAL, May 2020, Supreme Administrative Court, Case No A 984/2020

Greece vs S.p.A. ST. MEDICAL, May 2020, Supreme Administrative Court, Case No A 984/2020

/ Burden of Proof, General Anti-Avoidance Rules (GAAR), Legality - Legitimacy - Constitutional, Tax Avoidance Schemes, Artificial arrangements, Case T-158/00, Cyprus, Fictitious expenses, Non-existent transactions, Partially fictitious, Penalty/Fine, Pharma
A Greek pharmaceutical equipment wholesaler was assessed by tax authorities for allegedly fictitious costs deducted in FY 2009, linked to a Cyprus-based sole supplier. The Greek Supreme Administrative Court, in May 2020, found mostly in favour of the taxpayer, setting aside significant portions of the assessment and fine, and remanding the case for reexamination on burden of proof and anti-avoidance grounds ... Read more