DT8253 - Double Taxation Relief Manual: Guidance by country: Greece: Notes

Residence (Article 4)

An individual who is resident in one country and is also resident in the other country (where the country is Greece, resident or domiciled in Greece) is not a resident of either country for the purposes of the convention (INTM154030). The benefits of the convention will not therefore be available to such dual residents.

A company is a resident of the country in which it is taxed as a resident either because it is managed and controlled in that country or because it is incorporated there. A company which is incorporated in the UK, but managed and controlled in Greece, will be a resident of Greece for the purposes of the convention. In cases where the company is managed and controlled in both the UK and Greece, it will remain outside the scope of the convention.

Shipping

A UK resident is exempt from Greek tax on the profits of operating ships only if the Port of Registry of the ships is in the UK. Similarly a Greek resident is exempt from UK tax on the profits of operating ships only if the Port of Registry of the ships is in Greece.

Statutory income/root income basis

Since the convention has not been amended, the statutory income’ basis (see INTM161140 onwards) is available to the taxpayer where credit is being given under the convention regardless of the date on which the income arises. Where credit is given unilaterally, the root income’ basis (see INTM161140 sub-head (a)) applies.