FINANCE DECISION: RENT REDUCTIONS IN OCTOBER ARE ONLY OPTIONAL!

By the decision of the Ministry of Finance, the five categories of activities (focus, tourism, transport, culture, sports) for which mandatory reductions were foreseen, it seems that they have all been added to the category provided for the tax compensatory refund of 12% of the initial rent, to the optional rent reductions of at least 30%, for the month of October 2020. Thus, the rent reduction now depends on the consultation and agreement of the owner and tenant. 

Specifically with the A.1225/2020 decision of the Vice Chancellor. Finance Mr. Apostolos Vesyropoulos, the following were defined:

Identification of affected businesses for the optional exemption from the obligation to pay at least 30% of the total rent for the month October 2020.

No. A. 1225

THE DEPUTY MINISTER OF FINANCE

Considering:

1. The provisions of the second article of the Legislative Content Act dated 20-3-2020 (a’ 68), which was ratified with article 1 of law 4683/2020(A’ 83), and in particular its paragraph 6, which was added by article 4 of the law 4722/2020 (A’ 177).
2. The provisions of law 4389/2016“Urgent provisions for the implementation of the agreement on fiscal targets and structural reforms and other provisions” (A’ 94), especially article 41.
3. The provisions of law 4174 /2013“Tax procedures and other provisions” (A’ 170), as applicable.
4. The provisions of n.d. 356/1974“On the Code of Collection of Public Revenues” (A’ 90), as applicable, in particular article 83.
5. The p.d. 83/2019 “Appointment of Deputy Prime Minister, Ministers, Deputy Ministers and Deputy Ministers” (A’ 121).
6. The p.d. 81/2019 “Establishment, merger, renaming and abolition of Ministries and determination of their responsibilities – Transfer of services and responsibilities between Ministries” (A’ 119).
7. The p.d. 142/2017 “Organization of the Ministry of Finance” (A’ 181), in conjunction with article 1 of the p.d. 84/2019 (A’ 123).
8. The provisions of Article 90 of the “Code of Legislation for the Government and Government Bodies”, which was ratified by the first article of p.d. 63/2005 (A’ 98), in conjunction with par. 22 of article 119 of Law 4622/ 2019(A’ 133).
9. The decision under reference Y2/09-07-2019 of the Prime Minister “Recommendation of Deputy Minister and Deputy Minister positions” (B’ 2901).
10. li>The under no. 339/18-7-2019 joint decision of the Prime Minister and the Minister of Finance “Assignment of powers to the Deputy Minister of Finance, Apostolos Vesyropoulos” (B’ 3051).
11. No. 1/20-01-2016 Act of the Council of Ministers “Selection and appointment of the General Secretary of the General Secretariat of Public Revenue of the Ministry of Finance” (Y.O.D.D. 18), in conjunction with the provisions of par. 10 of article 41 of the 4389/2016, as they apply, the under data 39/3/30-11-2017 decision of the Management Board of the Independent Public Revenue Authority “Renewing the term of office of the Governor of the Independent Public Revenue Authority of Revenue” (Y.O.D.D. 689), as well as the decision under item 5294 EX 2020/17-1-2020 of the Minister of Finance “Renewal of the term of office of the Governor of the Independent Public Revenue Authority” (Y.O.D. .D. 27).
12. The under data D.ORG. A 1036960 EX 2017 decision of the Governor of of the Independent Authority of Public Revenues “Organization of the Independent Authority of Public Revenues (A.A.D.E.)” (B’ 968), as applicable.
13. The 05-10-2020 proposal of the Governor Public Revenue Authority.
14. The need to determine the affected businesses for the implementation of paragraph 6 of article two of the Legislative Content Act of 20-3-2020 (A’ 68), which was ratified by article 1 of Law 4683/2020 (A’ 83).
15. The the fact that the provisions of this decision do not cause an expense to the state budget for the fiscal year 2020, we decide:
16. The lessee of a professional lease to establish a business, which is financially affected due to the appearance and spread of corona-virus COVID-19, i.e. a business, which has an active, main Activity Code Number (KAD), on 20-03-2020, one of those mentioned in the Annex, which is an integral part of this, or whose gross income of an active, on 03-20-2020, secondary activity CPA from those listed in the Appendix, as they appear from the initial income tax return for the tax year 2018, is greater than the gross income corresponding to the main CPA, on 03-20 -2020, may be exempted from the obligation to pay part of the total rent, which cannot be less than 30% of the total rent for the month of October 2020, after a relevant agreement between the lessor and the lessee, in derogation of the texts lease provisions, in accordance with the provisions of paragraph 6 of the second article of the 20-03-2020 Legislative Content Act (A’ 68), which was ratified by article 1 of Law 4683/2020 (A’ 83), as applicable.

APPENDIX

Table of Activity Code Numbers (KAD) of the affected businesses for the optional rent payment exemption for the month of October 2020. In the case of a four-digit KAD, all five-digit, six-digit and eight-digit subcategories are included. In the case of a five-digit VAT number, all six-digit and eight-digit subcategories are included. In the case of six digits, all eight-digit categories are included.

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2. This decision is valid from its publication in the Government Gazette.

This decision, together with the annex, which is an integral part thereof, to be published in the Government Gazette.

Athens, October 7, 2020

The Deputy Minister

APOSTOLOS VESYROPOULOS