Changes in 11 Taxsystems.

Transcription

1 SPECIAL NEWSLETTER 2013: Changes in 11 Taxsystems. The year 2013 also brings extensive changes in the areas of taxes, dues and social contributions in Central and South Eastern European countries. This special newsletter covers essential changes in effect as of TPA Horwath offers an overview of the most important tax innovations in the following countries of Central and South Eastern Europe: Albania... Austria... Bulgaria... Croatia... Czech Republic... Hungary... Poland... Romania... Serbia... Slovakia... Slovenia... page 1 page 2 page 3 page 4 page 5 page 5 page 6 page 7 page 7 page 8 page 9 1. Albania 1.1. VAT Law 125/2012 introduces the following VAT exempt supplies: Import and local supply of goods made of iron or steel classified in chapters 7213 and 7214 and of cement classified under codes ; and of the Combined Nomenclature of Goods used as raw materials for the construction of hydropower plants; Import of machineries and equipment used for the implementation of investment contracts with a value equal or higher than LEK 50 million; Import of machineries and equipment used in the inward processing industry and agribusiness regardless of the investment value; Import of machineries by persons subject to local tax on small businesses, for the purpose of performing their production activity. All other machinery and equipment not falling into the VAT exemption and imported by taxable persons will continue to benefit from the existing VAT deferral scheme for a period up to 12 months from the moment of Albania Austria Bulgaria Croatia Czech Republic Hungary Poland Romania Serbia Slovakia Slovenia Member of Crowe Horwath International (Zurich) a worldwide association of separate and legally independent chartered accountants and consultants

2 importation. The VAT may be deferred for a term beyond the 12 months period upon decision of the Minister of Finance when certain requirements are met. The machinery and equipment, the exemption procedure and the respective criteria for benefiting from the VAT exemption shall be determined by forthcoming decisions of the Council of Ministers Income Tax The Law 122/2012 introduces certain changes in relation to income tax: Compensation benefits, obtained through final decisions of the courts, and certain compensation for court costs are exempted from income tax. Income earned from state institutions for achievements in science, sports, and culture are exempted from income tax. Scholarships granted to students from educational public and private institutions are recognized as an deductible expense to the extent determined by the Council of Ministers, provided that public educational institutions submit the number and amount of scholarships to the Ministry of Education and Science at the beginning of the school year. Losses of a taxpayer may no longer be carried forward if the direct or indirect ownership of the share capital or voting rights of the taxpayer change by more than 50 %. For the self-employed, who have a turnover of less than LEK 2 million, the value of 10 percent of gross revenues from the development of economic activity / trade or services is considered as gross income Tax Procedure Law The Law 124/2012 introduces the following amendments: As of 24 January 2012 the Tax Representative will be registered with the Tax Directorate (instead of being registered with the National Registration Centre). National Registration Center or the court shall notify the competent tax authority when it registers a request for de-registration of a physical person resp. of a legal person when it comes to applying for cancellation without carrying out the liquidation. Law 122/2012 increases the penalties for non-declaration of newly hired employees by taxpayers registered for VAT and profit tax to a fine of LEK 500,000 (before: LEK 100,000). Other taxpayers failing to declare new employees are subject to a fine of LEK 250,000 (before: LEK 50,000). 2. Austria 2.1. VAT Market value as a tax base The market value is to be used as a taxable base, if a company carries out supplies of goods or renders supplies of services at a too high or too low value (because of non-taxable reasons). The market value is considered the amount which a recipient of a supply of goods/services would have to pay to an independent third party (arm s length principle). Amendments in connection with issuing of invoices as of 1 January 2013 In case that invoices are issued in foreign currencies the amount of VAT must either be additionally shown in Euro or the used conversion method has to be quoted. Reverse-Charge invoices for supplies of services that have to be declared in a recapitulative statement and invoices for intra community-supplies have to be issued by the 15th day of the following month. Invoices whose place of supply or service is in another EU country respectively third country have to be issued in accordance with the regulations of the supplier s country (exceptions for credit notes). Simplified provisions have been set out for electronic invoicing. Invoices can be sent electronically (without electronic signature) via , as an attachment, or via Web download when the recipient agrees and authenticity of the invoice origin, intactness of its contents and its readability are ensured. April

3 Input VAT deduction on the principle of collected payments As of 1 January 2013 Companies who tax on the principle of collected payments can deduct input-vat only after payment of the incoming invoice, provided that their sales did not exceed EUR 2,000,000 in the previous year Income Tax Correction of financial statements When there is an error in a financial statement influencing a financial statement which is not yet barred, a correction using a system of surcharges and discounts has to be carried out. The aim of the correction is to receive the correct total profit. Therefore the correction has to be done in the earliest possible period (first non-barred year that is affected) Deductibility of donations As of 2013 the current year s profit respectively total income is used for calculating the 10 %-threshold for the deductibility of donations (until 2012: last year s profit respectively total income was used) Other As of the assessment period 2012 an expert report of the Austrian Research Promotion Agency (FFG) is necessary for the claim of a research premium. As of 1 January 2013 the new double taxation treaties with Tadzhikistan and Qatar, as well as the tax treaty with Switzerland are applicable. Under certain circumstances a levy (2013: EUR 133) has to be paid by the employer for the termination of an employment relationship (in case of an employment or service contract). 3. Bulgaria 3.1. VAT Services for improvements that are provided free of charge by the holder/user of a rented/used asset are considered as taxable supply. The transformation of budget-supported organizations, state or municipality owned enterprises, when the new organizations/enterprises are universal successors of the transformed organizations/enterprises is not considered as supply. For rental service different from short-term rental (less than 30 days) the place of supply is where the recipient of the service (non-taxable person) is established or has his permanent address. An exception for vessels is determined. The right of input VAT deduction shall not be available when a motorcycle or an automobile has been acquired or imported (also for services, related to maintenance, repair, improvement or operation, including spare parts, fuel etc.). This limitation is not applicable for activities as transport and security services, taxi transportation, letting out, courier services or training of drivers of motor vehicles (including goods or services related to maintenance, repair, improvement or exploitation of the vehicles), also when the vehicles, goods or services are designated for resale solely, including after processing. However, the input VAT deduction should be available in case one of the above mentioned activities is considered as main economic activity of the taxable person (more than 50 % of all supplies during the last 12 months) Corporate Income Tax Instead of the previous years results a prognosis of the tax profit, declared by the taxable persons, serves as new base for determining advance payments. In case the net sales of the previous year do not exceed BGN 300,000 no advance payments are due. In case the net sales of the previous year are between April

4 BGN 300,000 and BGN 3,000,000 the advance payments shall be made on a quarterly basis. In case the net sales of the previous year exceed BGN 3,000,000 monthly advance payments shall be due. Tax on expenses shall be paid on a yearly basis (until 31 of March of the next year), not on a monthly basis Personal Income Tax The interest income from bank deposits in trade banks, branches of foreign banks, which are established in EU Member States or in an EEA State are not treated as exempt income. 10 % tax on the interest is withheld by the banks. The interest income on non-fixed term deposits, children s deposits and current accounts are excluded from taxation. 4. Croatia 4.1. VAT In 2012 the standard VAT rate has been increased from 23 % to 25 %. The reduced VAT rate of 10 % is now also applied to edible oils and fats, children s food and processed food for infants and small children, water (except bottled water), and white sugar made from cane and sugar beet; as well as supply of food, nonalcoholic beverages, wine and beer in restaurants and similar objects. A reduced rate of 5 % for supplies previously taxed at 0 % has been introduced due to the expected EU accession. It is applied to bread, milk, books, education books, and scientific journals, medicines and medical products such as implants and products for physical disability, as well as public movie shows (e.g. cinema tickets). In the period of 1 January 2013 to 31 May 2013 the reduced VAT rate of 5 % is applied on vessels used for sport and leisure under the temporary admission procedure. Such a temporary incentive will enable the owners of the vessels located in Croatia to register their vessels in Croatia under favourable terms in the given period General Tax Act Board members and executive directors of a company are liable as tax guarantors if they misuse their power while managing the company resulting in inability of the company to meet the tax obligations. Such acts of misuse include: redirection of cash flows to other legal entities and individuals in order to avoid tax payment; using the company in order to reach goals which could not be reached otherwise; reducing or disposing the assets of the company which results in inability to settle the tax liabilities. Besides managers and board members the owners (shareholders) of a company are also liable as tax guarantors if certain assumptions for their responsibility are fulfilled, i.e. if they use the company for reaching goals which are normally forbidden; they use the company to damage creditors; they control/manage the assets of the company as they were their own, in contrary to legislation; they reduce the assets of the company for their own benefit or benefit of the other party, even though they have known that the company will not be able to settle its liabilities. In case of suspected misuse of legal rights the tax authorities will initiate a procedure on determination of misuse of rights Other As of 1 March 2012 dividends and profit shares paid to foreign legal entities are subject to withholding tax at the rate of 12 %. The withholding tax rate can be reduced in line with the respective double tax treaty. Also, payment of dividends and profit shares to EU recipients is exempted from withholding tax, provided that the recipient holds at least 10 % of share capital continuously over a period of 24 months. April

5 5. Czech Republic 5.1. VAT The reduced rate of 14 % has been increased to 15 % and the standard rate from 20 % to 21 %. The reduced rate of 15 % and standard rate of 21 % are valid for the year For buildings acquired after 1 January 2013 the recent time limit for VAT exemption has been prolonged from 3 years to 5 years. Furthermore, it is possible to tax voluntarily transfers of buildings after the VAT exemption time limit (buildings acquired before 2013 as well). The system of guarantee for VAT was extended in order to eliminate tax frauds Income Tax As of 1 January 2013 the following amendments on income tax came into effect: The taxation of high income individuals has been increased by the newly implemented so called Solidary Tax. Additionally to the income tax flat rate of 15 % ( superbrutto tax base), a new income tax of 7 % has been imposed on the difference between (i) the total of employment income and selfemployment tax base and (ii) 48 times the average wage, i.e. CZK 1,242,000 (EUR 49,680). By applying this new tax rate on high incomes, the tax progression was de facto re-implemented into the taxation of individuals. The annual contribution ceiling of health insurance for the period from was cancelled; however, the contribution ceiling on social insurance remained in force. The application of flat-rate expenses for certain sole traders was limited. Withholding tax for tax non-residents from states without DTA or TIEAs was increased from the usual 15 % to 35 % Other Effective as of 1 January 2013 the real estate transfer tax rate rose from 3 % to 4 %. Furthermore changes in the RETT Act for 2014 are planned. The most important change expected is taxation of the sale of shares in real estate companies. A new double taxation agreement between Czech Republic and Poland came into effect as of 31 December The agreement was signed in Warsaw on September 13, 2011 and replaced the agreement from 24 June Hungary 6.1. VAT Tax payers, who fulfill the criteria for small entrepreneurs, i.e. net sales do not exceed HUF 125 million (approx. TEUR 440) per year, can tax on the principle of collected payments as of 1 January An according note has to be indicated in the relevant invoices. In this case the receiver can deduct the input VAT only when the invoice is paid. If a company wants to tax VAT using this method, it is obliged to notify the tax authorities. As of January 2013 input VAT on services in connection with the use or maintenance of vehicles is partly (50 %) deductible. However, the input VAT on supplies (goods) acquired to maintain vehicles can still not be deducted at all Income Tax So far the tax assessment base for income tax has increased by 27 % for the part of income exceeding HUF 202,000 (approx. EUR 700) per month. As of 2013 this 27 % increase is abolished, the gross income serves as the tax assessment base instead. The tax rate is 16 %. April

6 6.3. Corporate Income Tax A tax payer could, resp. can in the future, optionally modify the tax assessment base for CIT by the not realized course differences resulting from the valuation of long-term (more than one year) foreign currency items. Previously the modification of the tax assessment base had to be done at the moment the long-term foreign currency items were reclassified as short-term foreign currency items. Now the modification has to be done at the moment the foreign currency item is taken off the books (e.g. repayment). The tax assessment base for minimum CIT is generally calculated as follows: 2 % of total revenues less cost of sales and purchased services. Now this minimum CIT base has to be raised by 50 % of the increase of the average amount of liabilities against shareholders (compared to the previous year) Other A tax payer can pay a maximum of HUF 1,5 million (approx. EUR 5,000) per month to his business partner in cash based on a contract on the sale of goods or services. Otherwise both partners, i.e. the paying and the receiving partner, have to pay a fine of 20 % for the amount exceeding the above mentioned threshold. 7. Poland 7.1. VAT As of 1 January 2013 provisions on issuing of invoices are simplified through deleting certain obligatory elements of invoices. The deadline for issuing invoices on intra-community supplies is the 15th day of the following month. Instead of issuing separate invoices taxpayers can issue one collective invoice for all transactions performed in one month. Moreover, provisions on issuing of electronic invoices are liberalized. As of 1 January 2013 the VAT on invoices issued in foreign currencies is converted to PLN using the exchange rate published by the European Central Bank or the National Bank of Poland (depending on taxpayers choice). As of 1 January 2014 the conditions for benefiting from bad debts relief will be simplified. The creditor shall be entitled to correct the VAT and taxation basis with respect to receivables neither collected nor sold within 150 days of the payment deadline stipulated on an invoice or in an agreement. Moreover, notification of the debtor by the creditor about the intention to correct the output VAT and receipt of the confirmation from the debtor will no longer be obligatory. Obligation of notification of the tax office by the creditor will be maintained and a draft of a form of notification will be implemented Corporate Income Tax As of 1 January 2013 taxpayers are obliged to reduce tax deductible costs by the amount of the outstanding debts within 30 days after the deadline for debts payment, if the amount was treated as tax deductible cost before. If the payment period is longer than 60 days, the reduction of tax deductible costs should be done after 90 days from the day when this amount was treated as tax deductible cost. Should the taxpayer pay the debts after tax costs reduction (even in part), deductible costs can be increased respectively. As of 1 January 2013, leasing of perpetual usufruct of land is regarded as leasing for corporate income tax purposes. Moreover, it is allowed to change the party to a leasing agreement without negative tax consequences while preserving the basic leasing contract period, provided that the remaining provisions of the agreement remain unchanged. Additionally, the minimum period for allowing to treat leasing of depreciable real estate as operating leasing for corporate income tax purposes is reduced from 10 to 5 years. April

7 7.3. Personal Income Tax As of 1 January 2013 in case of income from authors rights, the possibility to report costs of revenues as 50 % of derived revenues are limited to the amount of 42,764 PLN in one year. 8. Romania 8.1. VAT As of 1 January 2013, for Romanian taxable persons registered for VAT purposes whose turnover in the previous year did not exceed RON 2,250,000 million (approx. EUR 504,937), the collection and deduction of VAT will only take place upon payment of the value of the transactions for the supply of goods and services performed in Romania. Until 2012, the collection and deduction of VAT was allowed for all taxpayers upon issuance of the invoice. The new system is mandatory, with the exception of those that are part of a fiscal group. As of 1 July 2012, the VAT registration threshold for taxable persons established in Romania has been increased from EUR 35,000 to EUR 65,000 (using the exchange rate for the date of Romania s accession to the European Union RON 220,000) Corporate Income Tax/Income tax Expenses (including non-deductible VAT) incurred for vehicles which have a maximum weight of 3,500 kg and no more than nine seats and which are used exclusively for business purposes or for certain types of activities (e.g. emergency services, cab services, driving schools etc.) are fully deductible for profit tax purposes and for individual income tax purposes. Otherwise, these expenses are only 50 % deductible. The VAT deduction right related to the acquisition of such vehicles and for the acquisition of fuel used for these vehicles is also limited to 50 %, under the same conditions. The provisions also apply in the case of rental and leasing operations related to vehicles that meet the requirements mentioned above. As of 1 October 2012, tax losses recorded by a taxpayer who ceases to exist following a merger or spin-off can be set off by the newly established taxpayer or the acquiring taxpayer at a level commensurate with the assets and liabilities transferred to the beneficiary, as established in the merger or spin-off plan. In the case of cross-border restructuring operations, fiscal losses can be set off by the permanent establishment of the beneficiary (legal entity) in Romania Other A new procedure of fiscal registration has been introduced, providing for registration by default or by request of the authority administering fiscal debts, for a taxpayer that has not fulfilled its obligation to register with the fiscal authorities. If withholding tax is paid in excess of the rates provided by the European Union legislation/double Tax Treaties, but the tax payer is unable to reimburse this amount, the non-resident may recover the withholding tax amount paid in excess from the Romanian State Budget, either personally or through a tax representative. 9. Serbia 9.1. VAT As of 1 October 2012, the general VAT rate has been increased from 18 % to 20 % while the reduced VAT rate remains unchanged. The VAT charge paid to agricultural producers is being increased from 5 % to 8 %. New VAT return filing (and VAT payment) deadlines are being introduced April

8 The rules on VAT treatment of lease agreements have been amended A possibility is being introduced for contractual parties to envisage VAT payment with recovery right of input VAT on supplies of buildings and economically separable units within such buildings (including ownership stakes in such buildings) even if such supplies are not generally subject to VAT (provided that certain conditions are met) Significant amendments are being introduced to VAT legislation related to the construction industry The place of supply for certain services (e.g. providing information via telephone, etc.) has been amended. The registered seat of the service recipient will be regarded as the place of supply The mandatory VAT registration threshold is being increased from RSD 4 million to RSD 8 million of generated/estimated turnovers in a 12 month period. The threshold for the status as monthly VAT payer is being increased (from RSD 20 million to 50 million) A statute of limitation period of five years has been introduced for input VAT recovery A voluntary-based VAT receivable collection system is being introduced the so-called collection system is introduced for VAT payers whose turnover did not exceed RSD 50 million within the previous 12 months 9.2. Corporate Income Tax Increase of the tax rate from currently 10 % to 15 % for the fiscal year 2013 and onwards Introduction of withholding tax liability at 25 % on income generated by non-resident legal entities in a preferential tax regime (i.e. tax haven) from resident legal entities The rules governing the existence of related parties for transfer pricing purposes are defined more precisely (e.g. new methods have been introduced, rules set as to documentation needed) The deadline for the filing of the corporate income tax declaration is being extended to 180 days from the last day of the tax period, i.e. end of June of the following year 9.3. Personal Income Tax As of 6 October 2012, the income of board members as well as the employee profit participation is considered as other income and taxed by applying a tax rate of 20 % (effective tax rate of 16 %, due to statutory deductible costs of 20 %) The tax rate on income received from capital, individual insurance and capital gains is increased to 15 % (from 10 % in the past) 9.4. Other Starting from 1 January 2013, the Tax Authorities will be liable to calculate and pay to the taxpayer interest for late VAT refund The compound method for the calculation of interest is being replaced by the simple interest method. The method applies as of 1 January The deadline for the postponement of tax debt has been increased from 12 to 24 months It is specified that a tax representative may be an individual or a legal entity resident of the Republic of Serbia 10. Slovakia VAT As of 1 October 2012 cash or unconditional bank guarantees have to be given to the bank of the tax authorities in case of open tax liabilities and in case of new registrations (if the relevant person is performing only preparatory activities without taxable character). The amount of cash or bank guarantee is between EUR 1,000 and EUR 500,000 (the exact amount is determined by the tax authorities). Generally non-residents can only recover input-vat via refund procedure. Non-resident taxable persons who only make reverse charge supplies or services can not recover input-vat via tax return. April

9 Buyers have to guarantee for non-paid VAT of the supplier, when the buyer could or should have known because of adequate reasons that the supplier would not pay the relevant VAT at the moment when tax liability occurs. The law defines a calendar month or quarter as tax periods for VAT purposes. The requirements for using the quarter as tax periods have been tightened Income Tax/Corporate Income Tax As of 1 January 2013 the standardized income tax rate of 19 % has been amended as follows: Introduction of a progressive taxation for individuals (19 % and 25 %) The CIT rate has been increased to 23 %. Persons, who are no tax payers for VAT purposes resp. not for the whole tax year, can generally deduct lump-sum expenses of 40 % of income. This amount was limited to EUR 5,040 per year. In order to stimulate the distribution of old profits, dividends reported for tax periods until 31 December 2003 are taxed with a special tax rate of 15 %. Tax payers are obliged to file their tax returns until 3 months after the end of the taxation period. An extension of this deadline for tax returns which have to be filed in 2013 can only be granted if they include income from foreign sources Other As of 1 September 2012 a special levy for business in regulated sectors has been introduced. Levy base are earnings before taxes. The special levy is payable when the relevant profit exceeds EUR 3,000,000. The annual amount of the levy is calculated by multiplying the amount exceeding EUR 3,000,000 and the levy rate of %. As of 1 January 2013 the contribution rate for health insurances from dividends is 14 %. The maximum contribution base for dividends is approx. EUR 94,320 for 2013 and is calculated separately from other contribution bases. The contributions are seen as down-payments and are levied by the payer of the dividend. 11. Slovenia VAT Invoices for small accounts can also be issued between entrepreneurs. This does not apply to supplies and services which lead to reverse-charge in another EU Member-State. The threshold for invoices for small amounts is EUR 100 net. As of 2013 the following terms also have to be indicated on invoices: In case of invoices issued by the recipient on name and for account of the supplier: the term Samofakturiranje In case of tax exemption or reverse charge: reference to the applicable provision of directive 2006/112/EU resp Slovenian VAT law In case of reverse charge: the term Obrnjena davcna obveznost There are also new provisions on invoices for the supply of new vehicles, travel services and margin taxation. April

10 11.2. Income Tax Income tax rate 2013: Taxation base per year in EUR Income tax over to 8, % 8, , , % over 8, , , , % over 18, , , % over 70, Personal allowance 2013: Income tax base Deductible amount over to 0 10, , , , , , , The income tax rate for income exceeding EUR 70, has been increased to 50 % for the years 2013 and The tax rate for income on capital (interest, dividends, and speculative gains) has been increased from 20 % to 25 % as of 1 January Lump-sum expenses for income on self-employment are only applicable for turnover not exceeding EUR 50,000. In addition to the increase of the turnover threshold the lump-sum expenses were increased from 25 % to 70 %. Income calculated by using the flat-rate option is taxed with 20 % (discharging the tax liability in full). Loss carry forwards can be utilized only up to 50 % of the tax base (also for corporate income tax purposes) As of 2013 the gross amount of company vehicles has to be used for valuing benefits in kind, also in cases where the employer is entitled to deduct input VAT. Rental income is taxed at 25 % (discharging the tax liability in full); lump-sum expenses for rental income are decreased from 40 % to 10 % Corporate Income Tax Since summer 2012 a gradual decrease of the CIT rate to 15 % until 2015 has been introduced. The investment allowance has been increased to 40 % and the limit in value has been abolished. The allowance for R&D has been increased to 100 %. As of December 2012 lump-sum expenses at 70 % of turnover can be applied for turnover not exceeding EUR 50,000. The lump sum option has to be exercised before the last CIT return is filed. Tax concessions, further expenses or loss carry forwards cannot be applied. Also a financial year different from the calendar year cannot be used. Deduction of donations is limited to 0.3 % of turnover. Amongst others, donations for humanitarian, social, scientific, educational, sports, cultural, and religious purposes can be deducted. As of 2013 charitable contributions can also be deducted Tax on Financial Services Starting in March 2013 a tax of 6.5 % has been collected for certain financial services (e.g. granting, intermediation and administration of credits resp. credit guarantees; sales of current accounts and bank deposits, monetary transactions, services of insurance brokers, etc.). Services which are subject to VAT or insurance tax are not charged with the new tax on financial services. April

11 SPECIAL NEWSLETTER 2013: Robert Lovrecki Tax Advisor, Director Tel: , Fax DW: TPA Horwath Hartenaugasse 6a, 8010 Graz, Austria This Newsletter is a service of TPA Horwath Kind regards your TPA Horwath-Team IMPRINT Information update: Middle of April 2013, All rights reserved This information is simplified and can not substitute for an individual advice. Responsible for the content: Robert Lovrecki, Tax Advisor, Director, Praterstraße 62-64, A-1020 Vienna, FN s HG Vienna, Member of Crowe Horwath International (Zürich) an association of separate and independent chartered accountants and consultants. Tel.: , Fax: Ext Homepage: Conception and design: TPA Horwath Copyright 2013 TPA Horwath Wirtschaftstreuhand und Steuerberatung GmbH, Praterstraße 62-64, A-1020 Vienna All rights reserved. April