LEGISLATIVE FRAMEWORK FOR GRANTING TAX DEDUCTIONS TO ENTERPRISES IMPLEMENTING SCIENTIFIC AND TECHNOLOGICAL DEVELOPMENT (R&D) PROJECTS
A) Article 22A of the Hellenic Income Tax Code (Law 4172/2013 (Α’167)), as amended by Article 46 of Law 4712/2020 (Α’146) and by Article 12 of law 4965/2022 (Α΄ 162).
B) Relevant Joint Ministerial Decisions (JMD).
In order to receive the amounts prescribed by law, enterprises must fulfill the R&D expenditure classification criteria, as defined by JMD no 100335/28.06.2019 (Β΄2600) on “Classification criteria for scientific and technological development expenditure of enterprises” and modified by JMD no 79230/26.07.2021 (Β΄3293), as well as by any relevant Joint Ministerial Decision and/or Circular governing implementation aspects of the incentive.
Scientific and technological development (R&D) expenditure are deducted from the gross revenue generated in the year the expenditure was incurred, increased by 30% according the provisions of Law no 4386/2016 (Α’83) and Law no 4485/2017 (Α’114).
Articles 46 and 55 of Law no 4712/2020 amending Article 22Α of Law 4172/2013 increased the R&D super-deduction from 30% to 100% starting from 01.09.2020.
Following an invitation by the GSRI, enterprises may submit, on an annual basis, requests for certification of scientific and technological development (R&D) expenditure incurred in the context of self-financed projects implemented during the previous financial year, and for receiving the relevant certificate, at the latest by the tax return filing due date.
In accordance with the provisions of article 12 of Law 4965/2022 (A ́ 162), for an requested amount of scientific and technological research expenses over the amount of sixty thousand (60,000) euros, the submission of an audit report by a certified auditor – accountant or auditing company for the realization of expenses and the amount of these is mandatory. This amendment applies to requests for certification of scientific and technological research expenses, which relate to the tax year 2022 onwards.