The Independent Public Revenue Authority (AADE) proceeded to reissue the “Information Manual for farmers of the special regime of Article 41 of the VAT Code”. The material of the manual has been updated and now incorporates all the changes that have taken place in the legislation.
In her handbook AADE everything that the interested parties need to know is recorded, in matters such as the scope of the special regime, exercising the right of deduction of the farmers of the special regime, relocations of farmers, the VAT refund procedure for the farmers of the special regime, as well as specific issues.
End of Pretense: Permanent Exemption of Farmers and Fishermen
It should be noted that farmers are in principle subject to VAT, because they gather the conceptual characteristics of those subject to the tax, i.e. they exercise economic activity independently and make deliveries of goods and services for a compelling reason.
Therefore, farmers had to have the obligations, but also the rights that other persons have, which are subject to the VAT system. “Normally, that is, farmers had to keep accounting records (books), issue invoices for the sales of their agricultural products or for the agricultural services they provide to others, submit the prescribed declarations and pay the VAT corresponding to the deliveries of agricultural products and the provision of agricultural services they carry out”, AADE points out in its introductory note.
However, as AADE explains, the application of the normal VAT regime to farmers with a limited scope of agricultural activity would create disproportionate problems of an administrative and organizational nature (such as indicative accounting monitoring and organization of the business). For this reason, the “special status of farmers” was foreseen, which is a transfer of articles 295-305 of the VAT Directive 2006/112/EC into the internal law of our country.
Who are subject to the special status of farmers from 1.1.2017
According to the protothema, farmers who:
a) during the previous tax year they made deliveries to any person of agricultural products of their production and provision of agricultural services with a value of less than fifteen thousand euros (€15,000) and
b) received subsidies with a total value of less than five thousand euros (€5,000).
The aforementioned criteria are taken cumulatively, i.e. both must be met in order for the persons in question to be included in the special regime. Based on this legal framework, it is clarified that farmers who receive subsidies of less than €5,000, even if they do not deliver any goods or provide agricultural services, are registered under the special status of farmers.
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