UNOFFICIAL AND UNAUTHORIZED TRANSLATION

Transcription

1 UNOFFICIAL AND UNAUTHORIZED TRANSLATION Pursuant to the first paragraph of Article 153 of the Rules of Procedure of the National Assembly of the Republic of Slovenia, the Legislative and Legal Service has drawn up an unofficial consolidated version of the Bank Balance Sheet Tax Act comprising: - the Bank Balance Sheet Tax Act ZDBVB (Uradni list RS [Official Gazette of the Republic of Slovenia], No. 59/11), - the Act Amending the Bank Balance Sheet Tax Act ZDBVB-A (Uradni list RS [Official Gazette of the Republic of Slovenia], No. 98/12). Ref. No.: /13-2/1 Date: 09 January 2013 EPA 894-VI Božo Strle Head of the Legislative and Legal Service 1

2 BANK BALANCE SHEET TAX ACT UNOFFICIAL CONSOLIDATED TEXT (ZDBVB NPB1) Article 1 (Content of the Act) (1) This Act regulates the system and introduces the liability of charging and paying a tax on balance sheet of banks (hereinafter referred to as Tax ). (2) The tax shall be charged and paid for tax periods ending up to and including 31 December Article 2 (Definitions) (1) The terms used in this Act shall have the same meaning as the terms used in the act regulating banking. (2) For the purposes of this Act, non-financial corporations are non-financial corporations as defined by Council Regulation (EC) no. 2223/96 of 25 June 1996 on the European system of national and regional accounts in the Community (OJ L 310, , p. 1, as amended). Article 3 (Entitlement to tax) The tax levied under this Act shall be revenue of the state budget. Article 4 (Tax period) The accounting period for tax purposes shall be the calendar year. Article 5 (Person liable for tax) For the purposes of this Act, the person liable for tax shall be: - bank that has an authorisation by the Bank of Slovenia for performing banking services under the act regulating banking; - Member State bank that is authorised to perform banking and mutually recognised financial services through a subsidiary or directly in the territory of the Republic of Slovenia under the act regulating banking; the bank which is specified in this indent and which performs banking and other mutually recognised financial services directly shall be liable for tax, provided that it has a business unit in the Republic of Slovenia under the act regulating the corporate income taxation; -third-country bank that has an authorisation by the Bank of Slovenia to establish a subsidiary in the Republic of Slovenia under the act regulating banking. Article 6 (Tax base) (1) The tax base shall be the balance sheet (the value of assets in the statement of financial position) of the person liable for tax, calculated as an average value of balances as at the last day of each month in the calendar year. (2) Notwithstanding paragraph (1) of this Article, the tax base for a Member State bank and a third-country bank that is authorised to perform banking and other mutually recognised financial services through a subsidiary 2

3 in the territory of the Republic of Slovenia shall be the balance sheet of the subsidiary, calculated in the manner described in paragraph (1) of this Article. (3) Notwithstanding paragraph (1) of this Article, the tax base of a Member State bank that is authorised to perform banking and other mutually recognised financial services directly in the territory of the Republic of Slovenia shall be the proportional amount of its balance sheet, considering the volume of its operations in the Republic of Slovenia. Article 7 (Tax rate) The tax shall be paid at the rate of 0.1% of the tax base. Article 8 (Tax reduction) (1) The tax shall be reduced by 0.1% of loan balance granted to non-financial corporations and sole traders, calculated in accordance with Article 9 of this Act. (2) Person liable for tax can reduce the tax under the conditions of Article 9 of this Act; however, this tax reduction shall not exceed the amount of the calculated tax liability. Article 9 (Loan balance) (1) The loan balance from Article 8 and paragraph (1) of Article 10 of this Act shall be the average loan balance prior to making value adjustments due to impairments or changes in fair value during the calendar year, calculated on the basis of balances as at the last day of each month in accordance with the methodology, which is laid down with a decree of the Government and which prescribes selection of items from the methodology of the Bank of Slovenia taking into account the objectives and purposes of this Act. (2) Notwithstanding paragraph (1) of this Article, the loan balance of a Member State bank and a third-country bank that is authorised to perform banking and other mutually recognised financial services through a subsidiary in the territory of the Republic of Slovenia shall be the loan balance of the subsidiary, calculated in the manner described in this Article. (3) Notwithstanding paragraph (1) of this Article, the loan balance of a Member State bank that is authorised to perform banking and other mutually recognised financial services directly in the territory of the Republic of Slovenia shall be the loan balance of its business unit, calculated in the manner described in this Article. Article 10 (Exemptions) (1) This tax shall not be paid by persons liable for tax whose loan balance granted to non-financial corporations and sole traders in the calendar year for which the tax shall be paid exceeds the balance of such loans in the previous calendar year by at least 5% of the balance sheet for the previous calendar year. Balance sheet shall be calculated as an average value as at the last day of each month in the calendar year. (2) This tax shall not be paid by persons liable for tax whose loan balance granted to non-financial corporations and sole traders amounts to less than 20% of their balance sheet as at the last day of the month in which this Act enters into force. Article 11 (Tax calculation and payment) (1) Person liable for tax shall calculate the tax by itself. Person liable for tax shall calculate the tax and submit its tax return to the tax authority by 31 March for the previous tax period. (2) The minister responsible for finance (hereinafter referred to as Minister ) shall prescribe the tax return form within three months of the enforcement of this Act. (3) Person liable for tax shall pay the tax within 30 days of the submission of its tax return. 3

4 (4) Unless otherwise provided by this Act, the provisions of the act regulating the tax procedure shall apply, mutatis mutandis, to the obligation to collect taxes. Article 11.a (Prepayment of tax under the tax return) (1) Person liable for tax shall charge and pay tax prepayments during the tax period. (2) The tax prepayment shall equal the amount of tax, i.e. the difference between the amount calculated from the tax base according to the tax return for the previous tax period and at the tax rate valid for the current tax period, and the amount of tax reduction calculated from the loan balance according to the tax return for the previous tax period and at the tax reduction rate valid for the current tax period. (3) The tax prepayment shall be determined, calculated and paid within the time limits and in the manner determined by this Act or the act regulating the tax procedure. (4) A tax payer's liability to pay tax under the tax return for a particular tax period shall be reduced by the amount of the already paid tax prepayment in the manner determined by this Act or the act regulating the tax procedure. (5) Unless otherwise provided by this Act, the provisions of the act regulating the tax procedure in the part determining the corporate income tax prepayment shall apply, mutatis mutandis, to the tax prepayment. (6) Notwithstanding paragraphs (1) to (5) of this Article, the persons liable for tax who were exempt from the tax for the previous tax period under paragraph (1) of Article 10 of this Act and the persons liable for tax who are exempt from tax under paragraph (2) of Article 10 of this Act shall be exempt from the prepayment of tax. Article 12 (Penal provision) (1) A fine of EUR 3,200 to EUR 30,000 shall be imposed on a person liable for tax in the following cases: 1. for failure to correctly determine the tax base (Article 6); 2. for failure to calculate and pay the tax (paragraphs (1) and (3) of Article 11). (2) A fine of EUR 1,000 to EUR 4,000 shall be imposed on the responsible person of a person liable for tax for a violation referred to in the preceding paragraph. (3) In the cases specified in paragraphs (1) and (2) of this Article, the Tax Authority may impose a fine in any amount within the scope specified in individual paragraphs. Article 13 (Transitional provisions) (1) In the year in which this Act enters into force, the tax base and tax reduction shall be calculated as an average value of balances as at the last day of each month in the period from the beginning of the application of this Act to the end of the calendar year in which this Act enters into force. (2) Notwithstanding paragraph (1) of Article 10 of this Act, for the year in which this Act enters into force no tax shall be paid by persons liable for tax whose loan balance granted to non-financial corporations and sole traders in the year in which this Act enters into force and for which the tax is paid exceeds the balance of such loans as at the last day of the month in which this Act enters into force by at least 2.1% of the balance sheet as at the last day of the month in which this Act enters into force. Loan balance granted to non-financial corporations and sole traders in the year in which this Act enters into force shall be calculated as the average value of balances as at the last day of each month in the period from the beginning of the application of this Act to the end of the calendar year in which this Act enters into force. Article 14 (Entry into force) This Act shall enter into force on the day following its publication in Uradni list Republike Slovenije and shall apply from 1 August

5 The Act Amending the Bank Balance Sheet Tax Act ZDBVB-A (Uradni list RS, No. 98/12) contains the following transitional and final provisions: TRANSITIONAL AND FINAL PROVISIONS Article 4 (Prepayment of tax for 2013) (1) The tax prepayment for 2013 shall be calculated in the tax return for (2) Notwithstanding the provision of paragraph (1) of Article 11.a of this Act, there shall be no obligation to pay the tax prepayment instalments for 2013 that fall due up to and including 31 May The first tax prepayment instalment to be paid for 2013 shall be the tax prepayment instalment that falls due on 30 June This instalment shall be paid within ten days after maturity. Article 5 (1) This Act shall enter into force on the day following its publication in Uradni list Republike Slovenije and shall apply from 1 January (2) Pending commencement of the application of the provisions of the amended Article 8 of this Act, the provisions of Article 8 of the Bank Balance Sheet Tax Act (Uradni list RS, No. 59/11) shall apply. 5