Take free initial advice! Call now (UK) 020 8123 5542


Type a keyword in the box to begin search



Take a FREE legal advice.

Don't hesitate, just send us you question and we will get you an answer.



Sofia BAR
Sofia BAR Association


Bookmark this page or subscribe to the site RSS feed

Bookmark:
Subscribe: AddThis Feed Button





Bulgarian Corporate Income Tax Act, part 3
Last update: 2008-08-22 05:21:41

Bulgarian Corporate Income Tax Act, part 3

Chapter Twenty-Nine
TAXABLE AMOUNT

Taxable Amount for Tax on Entertainment Expenses
Article 211. The taxable amount for assessment of the tax on expenses referred to in Item 1 of Article 204 herein shall be the expenses charged for the relevant month.
Taxable Amount for Tax on Fringe Benefit Expenses Provided in Kind
Article 212. The taxable amount for assessment of the tax on expenses referred to in Item 2 of Article 204 herein shall be the expenses on fringe benefits provided in kind debited with the income related to the said expenses for the relevant month.
Taxable Amount for Tax on Fringe Benefit Expenses on Contributions
(Premiums) for Supplementary Social Insurance and Life Assurance
Article 213. (1) The taxable amount for assessment of the tax on expenses referred to in Item 2 (a) of Article 204 herein shall be the excess of the said expenses over BGN 60 per month per hired person.
(2) Where the taxable persons incur any coercively enforceable public obligations at the time of charging of the expenses, the taxable amount for assessment of the tax on expenses shall be the full amount of the expenses charged.
Taxable Amount for Tax on Fringe Benefit Expenses on Food Vouchers
Article 214. (1) The taxable amount for assessment of the tax on expenses referred to in Item 2 (b) of Article 204 herein shall be the excess of the said expenses over BGN 40 per month per hired person.
(2) Where the conditions for exemptions from tax under Article 209 herein are not fulfilled, the taxable amount for assessment of the tax on expenses shall be the full amount of the expenses charged.
Taxable Amount for Tax on Expenses Related to Maintenance, Repair and
Operation of Means of Transport
Article 215. (1) The taxable amount for assessment of the tax on expenses referred to in Item 3 of Article 204 herein shall be the expenses on maintenance, repair and operation of means of transport, charged during the calendar month, debited with the income charged from insurance benefits associated with the means of transport, up to the amount of the expenses on repair incurred whereto the benefit applies.
(2) Where means of transport are used concurrently to carry out activity as a regular business and to service management operations, upon determination of the taxable amount referred to in Paragraph (1):
1. the expenses on operation shall relate to the management operations on the basis of the total kilometres covered for the said operations during the current month;
2. the expenses on maintenance and repair shall relate to the management operations on the basis of the kilometres covered for the said operations in relation to the total kilometres covered by the relevant means of transport during the last preceding twelve months, including the current month.
(3) Where the taxable amount referred to in Paragraph (1) is a negative quantity, it shall be deducted successively from the taxable amount for the succeeding months.


Chapter Thirty
(Heading amended, SG No. 110/2007, effective 1.01.2007)
RATE OF TAX, DECLARING AND REMITTANCE OF TAX ON EXPENSES

Rate of Tax
Article 216. The rate of the tax on expenses referred to in Article 204 herein shall be 10 per cent.
Tax Declaring and Remittance
(Heading amended, SG No. 110/2007, effective 1.01.2007)
Article 217. (1) (New, SG No. 110/2007, effective 1.01.2007) The tax on expenses shall be declared by the annual tax return submitted by the taxable person.
(2) (Redesignated from Article 217, SG No. 110/2007, effective 1.01.2007) The tax on expenses shall be remitted on or before the 15th day of the month next succeeding the month in which the expense was charged. Where the taxable person has overremitted any tax on expenses or any corporation tax, the said tax may be deducted from the tax on expenses due.

PART FIVE
ALTERNATIVE TAXES
Chapter Thirty-One
GENERAL DISPOSITIONS

Alternative Tax
Article 218. (1) The taxable persons specified in this Part shall be liable, instead of corporation tax, to an alternative tax in respect of the activities specified in this Part.
(2) In respect of all other activities, the persons referred to in Paragraph (1) shall be liable to corporation tax, with the exception of public-finance enterprises.

Chapter Thirty-Two
TAX ON GAMBLING ACTIVITY
Section I
General Dispositions

Record-keeping
Article 219. (1) The taxable persons under this Chapter shall be obligated to keep daily and monthly records of the amounts received and paid for participation in the games of chance in standard forms as endorsed by the Minister of Finance.
(2) Paragraph (1) shall not apply:
1. to the gambling activity specified in Section V herein;
2. to any games of chance where the value of the bet consists in an increased charge for a telephone or another telecommunication link;
3. where a computer system has been provided for monitoring the drawings and the proceeds in the conduct of the games, as well as for control on the formation and distribution of profits, ensuring the transmission of the requisite data to the National Revenue Agency.
(3) The tax on the ancillary and auxiliary activities, within the meaning given by the Gambling Act , shall be declared by an annual tax return in a standard form, which shall be submitted not later than the 31st day of March of the next succeeding year to the National Revenue Agency territorial directorate exercising competence over the place of registration of the taxable person.

Section II
Tax on Gambling Activities of Toto and Lotto, Betting on Outcome of
Sports Competition and Uncertain Events

General Dispositions
Article 220. The gambling activities of toto and lotto, betting on the outcome of a sports competition and uncertain events shall attract a tax on gambling activity which shall be final.
Taxable Persons
Article 221. Taxable persons under this Section shall be the organizers of the games of chance of toto and lotto, betting on the outcome of a sports competition and uncertain events.
Taxable Amount
Article 222. The taxable amount for assessment of the tax on gambling activity under this Section shall be the value of the bets taken for each game.
Rate of Tax
Article 223. The rate of tax on gambling activity under this Section shall be 10 per cent.
Declaring of Tax
Article 224. The tax on gambling activity under this Section shall be declared prior to determining the results of each game by means of a tax return in a standard form.
Tax Remittance
Article 225. The tax on gambling activity under this Section shall be remitted:
1. in respect of games conducted daily: within three business days after determining the results for the last preceding seven calendar days;
2. in respect of games conducted over a period not exceeding seven days: within three business days after determining the results but before determining the results of the next succeeding game;
3. in respect of games conducted over a longer period: within seven days after determining the results.
Income from Ancillary and Auxiliary Activities
Article 226. (1) Any income accruing from ancillary and auxiliary activities within the meaning given by the Gambling Act shall attract an alternative tax on the value of the said income at the rate of 10 per cent.
(2) The tax shall be remitted on or before the 15th day of the month next succeeding the month of charging of the income referred to in Paragraph (1).

Section III
Tax on Gambling Activity of Lotteries, Raffles and Bingo and Keno
Numbers Lotteries

General Dispositions
Article 227. The gambling activity of lotteries, raffles and bingo and keno numbers lotteries shall attract a tax on gambling activity which shall be final.
Taxable Persons
Article 228. Taxable persons under this Section shall be the organizers of the games of chance: lotteries, raffles, and bingo and keno numbers lotteries.
Taxable Amount
Article 229. The taxable amount for assessment of the tax on gambling activity under this Section shall be the nominal value of the bet as specified in coupons, cards, tickets or other tokens certifying participation.
Rate of Tax
Article 230. The rate of tax on gambling activity under this Section shall be 12 per cent.
Declaring of Tax
Article 231. The tax on gambling activity under this Section shall be declared monthly, on or before the 10th day of the next succeeding month, by means of a return in a standard form.
Tax Remittance
Article 232. (1) The tax on gambling activity under this Section shall be remitted prior to receiving the tokens certifying participation or to effecting the importation of any such tokens.
(2) The enterprises designated by the Minister of Finance or by another authority specified by a law, which print tokens certifying participation or which effect the importation thereof, shall provide the tokens certifying participation solely upon presentation of documents on tax paid.
Refund of Tax
Article 233. (1) Any tax paid on any unused tokens shall be refunded by the National Revenue Agency territorial directorate exercising competence over the place of registration of the person:
1. after completion of each stage (drawing) of the periodic lottery games, or
2. when the activity of the organizer has been discontinued in pursuance of Article 81 (2) of the Gambling Act.
(2) The unused tokens certifying participation, as well as the decision on discontinuance of the activity in the cases referred to in Item 2 of Paragraph (1), shall be attached to the claim for refund under the Tax and Social-Insurance Procedure Code.
Income from Ancillary and Auxiliary Activities
Article 234. (1) Any income accruing from ancillary and auxiliary activities within the meaning given by the Gambling Act shall attract an alternative tax on the value of the said income at the rate of 12 per cent.
(2) The tax shall be remitted on or before the 15th day of the month next succeeding the month of charging of the income referred to in Paragraph (1).

Section IV
Tax on Gambling Activity of Games where Value of Bet Consists in
Increased Charge for Telephone or Another Telecommunication Link

General Dispositions
Article 235. The gambling activity of games where the value of the bet consists in an increased charge for a telephone or another telecommunication link shall attract a tax on gambling activity which shall be final.
Taxable Persons
Article 236. Taxable persons according to the procedure established by this Section shall be the organizers of the games of chance where the value of the bet consists in an increased charge for a telephone or another telecommunication link.
Taxable Amount
Article 237. The taxable amount for assessment of the tax under this Section shall be the increase in the charge for the telephone or telecommunication link.
Rate of Tax
Article 238. The rate of tax under this Section shall be 12 per cent.
Declaring of Bets Made and of Tax
Article 239. (1) The organizer of the game of chance shall declare the bets made and the tax under this Section to the National Revenue Agency territorial directorate exercising competence over the place of registration of the said organizer on or before the 20th day of the month next succeeding the month of conduct of the games, by means of a return in a standard form.
(2) The telephone or telecommunication network operator shall declare the bets made and the tax under this Section to the National Revenue Agency territorial directorate exercising competence over the place of registration of the said operator on or before the 20th day of the month next succeeding the month of conduct of the games, by means of a return in a standard form.
Tax Remittance
Article 240. (1) The tax on gambling activity under this Section shall be withheld and remitted by the licensed telephone or telecommunication network operator on or before the 20th day of the month next succeeding the month of conduct of the games.
(2) The telephone or telecommunication network operator shall be obligated to satisfy itself that the organizer of the game of chance has obtained authorization from the State Commission on Gambling and to present to the National Revenue Agency territorial directorate the contract where under the said operator takes the bets, incorporating a clause on the increase in the charge for the telephone or telecommunication link.
Income from Ancillary and Auxiliary Activities
Article 241. (1) Any income accruing from ancillary and auxiliary activities within the meaning given by the Gambling Act shall attract an alternative tax on the value of the said income at the rate of 12 per cent.
(2) The tax shall be remitted on or before the 15th day of the month next succeeding the month of charging of the income referred to in Paragraph (1).

Section V
Tax on Gambling Activity Using Gambling Devices

General Dispositions
Article 242. The gambling activity using gambling slot-machines, devices for betting on the results of horse or dog races, roulettes and other gambling devices in a gambling casino, shall attract a tax on gambling activity which shall be final.
Taxable Persons
Article 243. Taxable persons under this Section shall be the organizers of games of chance played on gambling slot-machines, devices for betting on the results of horse or dog races, roulettes and other gambling devices in a gambling casino.
Tax Assessment
Article 244. The tax under this Section shall be assessed in respect of the devices entered in the authorization and operated:
1. gambling slot-machines, respectively each player's place at such machines;
2. devices for betting on the results of horse or dog races;
3. roulettes at a casino, gambling tables and in respect of other gambling devices at a casino.
Amount of Tax
Article 245. (1) The amounts of the tax on gambling activity under this Section are set as follows:
1. in respect of a gambling slot-machine, respectively, each players' place at such a machine: BGN 300 per quarter;
2. in respect of a facility for betting on the results of horse or dog races: BGN 300 per quarter for each device;
3. in respect of roulette at a casino per gambling table: BGN 18,000 per quarter for each device;
4. in respect of any other gambling device at a casino: BGN 3,000 per quarter for each device.
(2) No tax shall be due for the quarters prior to the grant and after the withdrawal of the authorization to organize games of chance played on the relevant device.
(3) The tax shall be due in full amount for the quarter in which the authorization to organize games of chance played on the relevant device is granted or withdrawn.
Declaring of Tax
Article 246. The organizer of a game of chance shall declare the tax under this Section to the National Revenue Agency territorial directorate exercising competence over the place of registration of the said organizer on or before the 15th day of the month next succeeding the quarter.
Tax Remittance
Article 247. (1) The tax under this Section shall be remitted within the time limits for declaring of the said tax.
(2) The tax shall be remitted in respect of each gambling establishment by a separate payment order, wherein the location and address of the said establishment shall be stated.
(3) The persons under this Section shall transmit a copy of the payment order to the National Revenue Agency territorial directorate exercising competence over the location of the gambling hall, the betting establishment or the casino and to the gambling control authority.

Chapter Thirty-Three
TAX ON PUBLIC-FINANCED ENTERPRISE' INCOME

General Dispositions
Article 248. Any income accruing to any public-financed enterprise from any transactions covered under Article 1 of the Commerce Act, as well as from rent of movable and immovable property, shall attract a tax on income according to the procedure established by this Chapter.
Taxable Amount
Article 249. (1) The taxable amount for assessment of the tax on income shall be monthly and annual.
(2) The monthly taxable amount shall be the income accruing to the public-financed enterprise from any transactions covered under Article 1 of the Commerce Act, as well as from rent or movable and immovable property, charged during the relevant month.
(3) The annual taxable amount shall be the income accruing to the public-financed enterprise from any transactions covered under Article 1 of the Commerce Act, as well as from rent or movable and immovable property, charged during the relevant year.
Rates of Tax
Article 250. (1) The rate of tax on income shall be 3 per cent.
(2) The rate of tax on income accruing to the municipalities shall be 2 per cent.
Tax Retention
Article 251. (1) Any public-financed scientific research enterprise, public higher school, state-owned and municipal school included in the system of public education shall be allowed to retain 50 per cent of the tax on income due there from in respect of the economic activity thereof as is directly related or auxiliary to the implementation of the core activity thereof.
(2) The tax so retained shall be shown as a written-off obligation to the State.
Declaring of Tax
Article 252. Any public-financed enterprises subject to levy of a tax on income for the relevant year shall submit an annual tax return in a standard form on or before the 31st day of March of the next succeeding year.
Tax Remittance
Article 253. (1) The tax on income, as assessed on the monthly taxable amount, shall be remitted by public-financed enterprises on or before the 15th day of the month next succeeding the month of charging of the income.
(2) Where the sum total of the monthly taxable amounts for the year is less than the annual taxable amount, the tax due shall be remitted on or before the 31st day of March of the next succeeding year.
(3) Where the sum total of the monthly taxable amounts for the year is greater than the annual taxable amount, the overremitted tax may be deducted from the taxes on income due after submission of the annual tax return.

Chapter Thirty-Four
TAX ON VESSELS OPERATION ACTIVITY

General Dispositions
Article 254. (1) The taxable persons, specified in this Chapter, may elect that the vessels operation activity thereof attract a tax on vessels operations activity.
(2) The tax referred to in Paragraph (1) shall be levied on the taxable persons which have elected to be liable for the said tax for a period not exceeding five years.
Taxable Persons
Article 255. Taxable persons according to the procedure established by this Chapter shall be the persons carrying out maritime merchant shipping which simultaneously fulfil the following conditions:
1. they are corporations registered under the Commerce Act, or permanent establishments of a corporation which is resident for tax purposes in another Member State of the European Community, or a Member State of the European Economic Area, according to the relevant tax legislation and by virtue of a convention for the avoidance of double taxation with a third State is not considered to be resident for tax purposes in another State outside the European Community or the European Economic Area;
2. they operate their own vessels or chartered vessels, or manage vessels under a contract of management, as well as charter vessels;
3. they do not refuse to train apprentices on board the vessels, with the exception of the cases where the number of apprentices exceeds one per fifteen officer members of the ship's complement;
4. they man the vessel with Bulgarian citizens or with nationals of other Member States of the European Community or of the European Economic Area;
5. vessels flying the Bulgarian flag or a flag of another Member State of the European Community or of the European Economic Area account for at least 60 per cent of the net tonnage of the vessels operated.
Restrictions on Scope of Tax
Article 256. The taxable persons shall not have the right to apply the procedure for taxation under this Chapter in respect of:
1. any seagoing vessels of a net tonnage under 100 tons;
2. any fishing vessels;
3. any pleasure vessels, with the exception of passenger vessels;
4. any vessels which the taxable persons have provided for management or under a bareboat charter, with the exception of the cases where any such vessels have been provided to the State;
5. any rigs for extraction of subsurface resources, any oil production platforms, and any vessels engaged in dredging operations and in tugging and towage operations.
Taxable Amount
Article 257. (1) The taxable amount per vessel per day of service shall be determined as follows:
1. in respect of any vessel of a net tonnage of up to 1,000 tons inclusive: BGN 3.50 for each 100 tons or fraction;
2. in respect of any vessel of a net tonnage from 1,001 up to 10,000 tons inclusive: BGN 35 plus BGN 3.00 for each 100 tons or fraction;
3. in respect of any vessel of a net tonnage from 10,001 up to 25,000 tons inclusive: BGN 305 plus BGN 2.50 for each 100 tons or fraction above 10,000 tons;
4. in respect of any vessel of a net tonnage in excess of 25,001 tons: BGN 680 plus BGN 1 for each 100 tons or fraction above 25,000 tons.
(2) The taxable amount per ship for a calendar month shall be determined by multiplying the taxable amount for the relevant vessel per day of service, as determined according to the procedure established by Paragraph (1), by the days of service of the relevant vessel during the calendar month.
(3) The taxable amount for assessment of the tax under this Chapter shall be the sum total of the taxable amounts determined for each vessels according to the procedure established by Paragraph (2).
Rate of Tax
Article 258. The rate of tax under this Chapter shall be 10 per cent.
Declaring of Tax
Article 259. (1) The taxable persons shall exercise the right of choice thereof to levy of a tax under this Chapter by means of submission of a declaration in a standard form on or before the 31st day of December of the last preceding year.
(2) The taxable persons shall submit an annual tax return in a standard form on the tax due under this Chapter on or before the 31st day of March of the next succeeding year.
Tax Remittance
Article 260. The taxable persons shall remit the tax due under this Chapter monthly, not later than at the end of the next succeeding month.

PART SIX
ADMINISTRATIVE PENALTY PROVISIONS
Chapter Thirty-Five
ADMINISTRATIVE VIOLATIONS AND SANCTIONS


Article 261. (1) Any taxable person, which fails to submit a tax return under this Act, which fails to submit any such return when due, or which fails to state or misstates any particulars or circumstances leading to underassessment of the tax due or to undue reduction, retention of or exemption from tax, shall be liable to a pecuniary penalty of BGN 500 or exceeding this amount but not exceeding BGN 3,000.
(2) Any repeated violation under Paragraph (1) shall be punishable by a pecuniary penalty of BGN 1,000 or exceeding this amount but not exceeding BGN 6,000.
Article 262. (1) Any taxable person, which fails to submit any supplement to the annual tax return or which states any untrue particulars or circumstances in any such supplement, shall be liable to a pecuniary penalty of BGN 100 or exceeding this amount but not exceeding BGN 1,000.
(2) Any repeated violation under Paragraph (1) shall be punishable by a pecuniary penalty of BGN 200 or exceeding this amount but not exceeding BGN 2,000.
Article 263. (1) Any taxable person, which accounts for any business transaction in breach of the accounting policies thereof and this leads to a misdetermination of the accounting financial result of the said person, shall be liable to a pecuniary penalty of BGN 100 or exceeding this amount but not exceeding BGN 1,000 for each such breach.
(2) Any repeated violation under Paragraph (1) shall be punishable by a pecuniary penalty of BGN 200 or exceeding this amount but not exceeding BGN 2,000.
Article 264. (1) Any managing director, liquidator or trustee in bankruptcy, or holder of the position of liquidator or trustee in bankruptcy, who by any act or omission has committed any violation specified in Articles 261, 262 or 263 herein, shall be liable to a pecuniary penalty or a fine of BGN 200 or exceeding this amount but not exceeding BGN 1,000.
(2) Any repeated violation under Paragraph (1) shall be punishable by a pecuniary penalty or a fine of BGN 400 or exceeding this amount but not exceeding BGN 2,000.
Article 265. (Amended, SG No. 110/2007) Any taxable person, who or which fails to issue an accounting source document for the accounting for income, shall be liable to the sanction under Article 182 of the Value Added Tax Act unless subject to a severer sanction.
Article 266. (Amended, SG No. 110/2007) Any taxable person, who or which fails to fulfil the obligation thereof under Article 10 (4) herein, shall be liable to the sanction under Article 185 of the Value Added Tax Act.
Article 267. (Amended, SG No. 110/2007) Any taxable person, who effects a hidden profit distribution, shall be liable to a pecuniary penalty to the amount of 20 per cent of the expense charged constituting a hidden profit distribution.
Article 268. (1) Any organizer of games of chance, which fails to fulfil the obligation thereof to keep daily and monthly records under Article 219 herein, shall be liable to a pecuniary penalty of BGN 2,000 or exceeding this amount but not exceeding BGN 10,000.
(2) Any repeated violation under Paragraph (1) shall be punishable by a pecuniary penalty of BGN 4,000 or exceeding this amount but not exceeding BGN 20,000.
Article 269. (1) Any enterprise referred to in Article 232 herein, printing tokens certifying participation or importing such tokens, which provides the tokens certifying participation without presentation thereto of the documents on the tax paid, shall be liable to a pecuniary penalty equivalent to the unremitted tax.
(2) Any repeated violation under Paragraph (1) shall be punishable by a pecuniary penalty in a double amount, and the Minister of Finance shall disqualify the enterprise affected from printing or importing tokens certifying participation in the games covered under Section III of Chapter Thirty-Two herein for a period not exceeding six months.
Article 270. (1) Any organizer of games of chances referred to in Article 228 herein, which conducts such games without having paid the full amount of the tax due, shall be liable to a pecuniary penalty equivalent to double the amount of the tax due but in any case not less than BGN 2,000.
(2) The pecuniary penalty referred to in Paragraph (1) shall furthermore be imposed on any organizer of games of chance referred to in Article 228 herein which offers, sells or provides to any participant in the game of chance any token certifying participation which does not satisfy the statutorily established requirements as to the printing, form, type and cost price, or at a price exceeding the nominal value as printed on the relevant token certifying participation. No sanction shall be imposed where the tokens certifying participation have been revalued in respect of the series and the nominal value according to an inventory memorandum certified by a representative of the Ministry of Finance, a representative of the enterprise printing the tokens, and a revenue authority of the competent National Revenue Agency territorial directorate exercising competence over the place of registration of the organizer.
(3) Any repeated violation under Paragraphs (1) and (2) shall be punishable by a pecuniary penalty equivalent to the double amount of the tax due but in any case not less than:
1. BGN 4,000 and disqualification from practice of the activity according to the procedure established by Article 272 herein, where the repeated violation is under Paragraph (1);
2. BGN 6,000 and disqualification from practice of the activity according to the procedure established by Article 272 herein, where the repeated violation is under Paragraph (2).
Article 271. The pecuniary penalties referred to in Articles 269 and 270 herein shall be imposed notwithstanding the sanctions provided for in other laws, and the control authorities under the Gambling Act shall be notified of the violations as ascertained.
Article 272. (1) The administrative sanction of disqualification from practice of activity shall be imposed for a period of one month or exceeding this period but not exceeding six months.
(2) In the cases under Article 270 (2) herein, the revenue authorities shall seize and destroy the tokens certifying participation which do not satisfy the statutorily established requirements as to the printing, form, type and cost price, or any such tokens which are sold at a price exceeding the nominal value as printed thereon. The expenses shall be for the account of the taxable person.
(3) In the cases of imposition of an administrative sanction of disqualification from practice of activity, a coercive administrative measure of sealing of the establishment or establishments and prohibition of access thereto shall furthermore be imposed.
Article 273. (1) The implementation of the administrative sanction of disqualification from practice of activity shall be discontinued by the imposing authority at the request of the taxable person sanctioned according to an administrative procedure and after the said person has proved that the pecuniary penalty as imposed has been fully paid.
(2) In the cases referred to in Paragraph (1), the revenue authority shall furthermore decree unsealing of the establishment, which shall be performed with the obligation to cooperate on the part of the tax subject.
Article 274. The penalty decrees in the part thereof imposing the administrative sanction of disqualification from practice of activity and a coercive administrative measure of sealing of the establishment or establishments and denial of access thereto, as well as the decrees referred to in Article 273 herein, shall be subject to anticipatory enforcement unless the court orders otherwise.
Article 275. Any person, which fails to fulfil the obligation thereof under Article 187 (3) herein, shall be liable to a pecuniary penalty of BGN 1,000 or exceeding this amount but not exceeding BGN 3,000 and, upon a repeated commission of the violation, to a pecuniary penalty of BGN 2,000 or exceeding this amount but not exceeding BGN 6,000.
Article 276. Any taxable person, which fails to fulfil the obligations thereof under Article 92 (3) or (4) herein, shall be liable to a pecuniary penalty of BGN 500 or exceeding this amount but not exceeding BGN 2,000 and, upon a repeated commission of the violation, to a pecuniary penalty of BGN 1,500 or exceeding this amount but not exceeding BGN 5,000 for each unfulfilled obligation.
Article 277. (1) Any taxable persons, which have applied the procedure for taxation under Chapter Thirty-Four herein without qualifying for the right of choice, shall be liable to a pecuniary penalty of BGN 20,000 or exceeding this amount but not exceeding BGN 30,000 and, upon a repeated commission of the violation, to a pecuniary penalty of BGN 40,000 or exceeding this amount but not exceeding BGN 60,000.
(2) The persons referred to in Paragraph (1) shall have no right to apply the procedure for taxation on the net tonnage of vessels for a period of five years.
Article 278. (1) The written statements ascertaining the violations shall be drawn up by the authorities of the National Revenue Agency, and the penalty decrees shall be issued by the Executive Director of the National Revenue Agency or by an official authorized thereby.
(2) The ascertainment of violations, the issue, appeal against and enforcement of penalty decrees shall follow the procedure established by the Administrative Violations and Sanctions Act .

SUPPLEMENTARY PROVISIONS
§ 1. Within the meaning given by this Act:
1. "The country" shall be the geographical territory over which the Republic of Bulgaria exercises the State sovereignty thereof, as well as the continental shelf and the exclusive economic zone where within the Republic of Bulgaria exercises sovereign rights in conformity with international law.
2. "Permanent establishment" shall be a permanent establishment within the meaning given by Item 5 of § 1 of the Supplementary Provisions of the Tax and Social-Insurance Procedure Code .
3. "Financial asset" shall be the asset as defined in the applicable accounting standards, including the compensation instruments within the meaning given by Article 2 of the Transactions in Compensation Instruments Act. Where the person is not an enterprise within the meaning given by the Accountancy Act, the applicable accounting standards for the purposes of sentence one shall be the international accounting standards applicable in the country for the relevant year.
4. "Dividend" shall be the distribution in favour of a person, arising from the holding that such person has in the capital of another person, resulting in a reduction of the owners' equity of the latter, including:
(a) income from shares;
(b) income from participating interests, even in unincorporated associations, and from other corporate rights, where treated as income from shares;
(c) hidden profit distribution.
Any distribution which, according to accounting legislation, has been accounted for at the distributing person as an expense shall not be a dividend, with the exception of the cases of hidden profit distribution.
5. (Amended, SG No. 110/2007) "Hidden profit distribution" shall be:
(a) any expenses charged by a taxable person without being connected with the economic activity carried out thereby or exceeding the customary market levels, in the cases where made in favour of shareholders, members or any parties related thereto;
(b) any expenses on interest payments charged (unless the conditions of the loan are agreed in conformity with requirements provided for in a statutory instrument) where at least three of the following conditions are fulfilled:
(aa) the loan exceeds the owners' equity of the payer of the income at the 31st day of December of the last preceding year;
(bb) the repayment of the loan or the payment of interest thereon is not limited by a fixed period;
(cc) the repayment of the loan or the payment of interest thereon depends on the existence or on the amount of profits accruing to the payer of the income;
(dd) the repayment of the loan depends on satisfaction of the claims of other creditors or on the payment of dividends.
6. "Share in a liquidation surplus" shall be the distribution of a share in the property of a person upon the dissolution thereof in favour or another person or upon cessation of membership of that other person.
7. "Interest payment" shall be income from debt claims of every kind, whether or not secured by mortgage and whether or not carrying a right to participate in the debtor's profits, including interest paid on deposits with banks and income (premiums) from debentures and bonds. For the purposes of Part Three herein, any income which constitutes a dividend, penalty charges for late payments and damages shall not be regarded as interest payments.
8. "Copyright and licence royalties" shall be payments of any kind received as a consideration for: the use of, or the right to use, any copyright of scientific, artistic or literary work, including cinematograph films and television films and recordings for transmission by radio or television or software; of any patent, trade mark, industrial design or utility model, drawing, plan, secret formula or process, as well as for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience. The payment for acquisition of a right to use software in which only a copy of the relevant program is incorporated shall not be considered to be copyright and licence royalties in case the rights to copy, reproduce, distribute, modify, publicly display or make commercial use in any other form are not granted.
9. "Technical assistance fees" shall be the payments from a source inside the Republic of Bulgaria for erection or installation of tangible assets, as well as any services of a consulting nature and marketing research as provided by any non-resident person.
10. "Franchising" shall be a totality of industrial or intellectual property rights relating to trademarks, trade names, logotypes, utility models, designs, copyright, know-how or patents, granted in return for a royalty, to be used for sale of goods and/or provision of services.
11. "Factoring" shall be a transaction whereby single or periodic monetary claims arising from a supply of goods or a provision of services are transferred, regardless of whether the person who has acquired the claims (the factor) assumes the risk of collection of the said claims in consideration of the payment of a reward.
12. "Foreign tax credit" shall be the right, enjoyable under conditions as specified by this Act, to deduct a profits tax or a tax on income already paid abroad.
13. "Related parties" shall be the parties within the meaning given by Item 3 of § 1 of the Supplementary Provisions of the Tax and Social-Insurance Procedure Code.
14. "Market price" shall be the price within the meaning given by Item 8 of § 1 of the Supplementary Provisions of the Tax and Social-Insurance Procedure Code.
15. "Transfer between a permanent establishment and another division of the same enterprise" shall be the term referred to in Item 6 of § 1 of the Supplementary Provisions of the Tax and Social-Insurance Procedure Code.
16. "Accounting financial result" shall be the profit (loss) according to the profit-and-loss account (income statement) for a specified period before charging the tax expenses on the profit.
17. "Undistributable expenses" shall be all selling expenses, administrative, financial and extraordinary expenses which do not relate to a particular activity only and are associated with the implementation of any activity:
(a) in respect of which corporation tax retention is enjoyable, or
(b) subject to levy of corporation tax, performed by not-for-profit legal entities.
18. "Undistributable income" shall be all financial and extraordinary income which does not arise from the implementation of a particular activity only and is associated with implementation of any activity in respect of which corporation tax retention is enjoyable.
19. "Expenses on provisions for debts" shall be the expenses on provisions as accounted for, which meet the criteria for recognition of a provision according to the applicable accounting standards, including:
(a) the expected excesses of the total amount of expenses over income and the expected losses under construction contracts;
(b) the termination and post-employment benefits, equity compensation benefits and other long-term employee benefits.
20. "Debt capital", within the meaning given by Article 43 (6) herein, shall be the total liabilities of the enterprise, excluding the investment grants and subsidies.
21. "Disposition effected on a regulated Bulgarian securities market" shall be any transactions:
(a) (amended, SG No. 52/2007) concluded on the official and the second-tier regulated market in the country within the meaning given by the Markets in Financial Instruments Act , excluding block trades and other transactions in securities which, according to the Rules and Regulations of the regulated market, are subject only to registration on the regulated market;
(b) (amended, SG No. 52/2007) concluded under the terms and according to the procedure of tender offering under Section II of Chapter Eleven, as well as the transactions under the terms and according to the procedure of repurchase or redemption by collective investment schemes which have been admitted to public offering in the Republic of Bulgaria, licensed investment companies of the closed-end type, according to the procedure established in the Markets in Financial Instruments Act.
22. (Amended, SG No. 110/2007) "Documented cost of acquisition of securities or interests" shall be the cost of acquisition of the relevant securities which the person has documented according to the procedure established by the relevant statutory instruments. Where securities or interests of a particular type, issued by a particular person, have been acquired at different prices and part of the said securities or interests are subsequently sold and it is impossible to prove which of the said securities or interests are sold, the cost of acquisition of the securities or interests sold shall be the weighted average price arrived at on the basis of the cost of acquisition of the securities or interests held at the time of the sale. Sentence two shall apply in all cases of acts of disposition of securities or interests. Where new shares or interests are acquired as a result of a distribution which has not led to a reduction of the owners' equity of the person distributing the shares or interests, the documented cost of acquisition of the shares or interests held shall be recalculated. After acquisition of the new shares or interests under the foregoing sentence, the documented cost of acquisition of each share or interest, including the newly acquired ones, shall equal the sum total of the documented costs of acquisition of the shares or interests prior to the acquisition of the new shares or interests, divided by the total number of shares or interests held after the acquisition, including the newly acquired ones.
23. "Computer peripheral equipment" shall be all devices which are connected to the basic input/output system of a computer or are controlled by a computer but are not essential for the functioning of the said computer.
24. "Development activity" shall be the activity of developing, designing, building and testing new goods, materials, manufacturing technologies and industrial systems and other industrial property items, as well as improving existing products and technologies.
25. "Tax loss from a source outside Bulgaria", for the purposes of Articles 73 and 74 herein, shall be the sum total of the losses from all permanent establishments in the respective foreign State.
26. "Financial institutions" shall be:
(a) (amended, SG No. 110/2007, effective 1.01.2007) the credit and financial institutions under the Credit Institutions Act;
(b) the insurers, reinsurers and non-resident persons carrying on insurance or reinsurance business through a permanent establishment under the Insurance Code;
(c) (supplemented, SG No. 52/2007) the investment intermediaries under the Markets in Financial Instruments Act and the management companies under the Public Offering of Securities Act ;
(d) the companies carrying on business for the provision of supplementary social insurance.
(e) (new, SG No. 110/2007, effective 1.01.2007) the health insurance companies under Article 91 of the Health Insurance Act.
27. "Unprocessed plant and animal produce" shall be any primary product derived from plants and animals which is used in its natural form, without undergoing any form of technological treatment or processing resulting in physical and chemical alterations of the composition thereof.
28. "Manufacturing activities", for the purposes of Article 184 herein, shall be the process of creation of a new product by means of mechanical, physical or chemical conversion (treatment or processing) of raw and prime materials for the purpose of subsequent sale and biological transformation of live animals or plants.
29. (Amended, SG No. 110/2007, effective 1.01.2007) "Initial investment" shall be an investment in new material and immaterial assets, which are eligible expenditures relating to:
1. the setting-up of a new establishment;
2. the extension of an existing establishment;
3. diversification of the output of an establishment into new additional products;
4. a fundamental change in the existing production process.
An investment in an asset which replaces an existing asset shall not qualify as initial investment;
30. (Amended, SG No. 110/2007, effective 1.01.2007) "Enterprise in difficulty" shall be an enterprise meeting one of the following criteria:
(a) in the case of a limited liability company or a joint-stock company: where more than 50 per cent of the registered capital thereof has disappeared, and more than 25 per cent of that capital has been lost over the last preceding twelve months;
(b) in respect of all other corporations: where more than 50 per cent of the owners' equity thereof has disappeared, and more than 25 per cent of that capital has been lost over the last preceding twelve months;
(c) (amended, SG No. 110/2007, effective 1.01.2007) where the corporation fulfils the criteria under the Commerce Act or under the law of the place of registration for institution of bankruptcy proceedings.
31. (Amended, SG No. 110/2007, effective 1.01.2007) "De minimis aid" shall be the aid within the meaning given by Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to de minimis aid.
32. "Market rate of interest" shall be the interest that would have been paid under the same conditions for credit extended or received under any form whatsoever under a transaction between parties who or which are not related. The market rate of interest shall be determined according to the conditions of the market, taking into account all quantitative and qualitative characteristics of the transaction: form, amount and currency of the resources provided, period of the provision thereof, type, amount and liquidity of the collateral security, credit risk and other risks related to the transaction, profile of the borrower or lessee, as well as all other conditions and circumstances influencing the rate of interest.
33. "Advertising expenses" shall be the expenses incurred for the promotion of goods and service, including gifts which bear the trade name or the trade mark of the taxable persons, within the limits of the customary for the activity carried out by the person.
34. "Expenses on fringe benefits provided in kind" shall be the perquisites accounted for as expenses covered under Article 294 of the Labour Code and provided according to the procedure and manner defined in Article 293 of the Labour Code or according to a procedure and manner determined by the management of the enterprise. The said perquisites must be available to all factory and office workers and to the persons hired under a management and control contract. Where monetary relationships under any form whatsoever exist between the employer of commissioning entity and the persons referred to in sentence two in respect of the perquisites received, this shall not represent provision of expenses on fringe benefits in kind.
35. "Operator", within the meaning given by Article 209 herein, shall be any person which has obtained authorization from the Minister of Finance and which engages in the activities of printing, organizing, control and settlement in connection with food vouchers according to a procedure established by an ordinance of the Minister of Finance.
36. "Food vouchers" shall be a type of paper medium of exchange provided through an employer to factory and office workers, including persons hired under management contracts, which are used as a medium of payment at restaurants, fast-food outlets and food trading establishments, according to a contract for provision of services concluded with an operator.
37. "Passenger car" shall be such car as defined in the Road Traffic Act.
38. "Extra bus services" shall be bus services running according to an endorsed transportation scheme in a mode allowing the vehicles to stop and passengers to alight and board at request where this is legally possible, complementing the principal urban transport services without fully duplicating them.
39. "Expenses on maintenance, repair and operation of means of transport" shall be the accounting expenses, related to the maintenance, repair and operation of the means of transport, incurred on:
(a) fuel, lubricants and other consumables;
(b) spare parts;
(c) repair work, including painting and collision-repair services;
(d) technical inspections and parking;
(e) vehicle care products and accessories.
40. "Means of transport" shall be the means of transport as specified in Section Four of Chapter Two of the Local Taxes and Fees Act, regardless of whether entered in a register kept according to Bulgarian legislation.
41. "Vessels operation activities" shall be:
(a) the effecting of carriage by sea by means of vessels of a net tonnage exceeding 100 tons, the chartering of any such vessels, as well as the sale of vessels subject to tonnage taxation, which have been acquired not less than five years prior to the sale thereof;
(b) carriage by land, related to the carriage by sea, administrative and insurance services and other services provided to customers in connection with the effecting of the carriage by sea;
(c) financial operations and value adjustments resulting from exchange rate fluctuation, related to the management of the working capital used for the vessels operation;
(d) extraordinary activities related to the vessels operation, which do not come within the scope of Littera (a) to (c) and which generate a turnover which does not exceed 0.25 per cent of the turnover generated by the activities referred to in Littera (a) and (b).
42. "Days of service" shall be the days on which the vessel is engaged in carriage and/or performs any activities related to carriage. The days of service shall exclude the time for repairs or in a port, as well as the time during which the vessel is not engaged in carriage and/or does not perform any activities related to carriage due to detention or force majeure.
43. "Net tonnage" shall be the measure, in tons, of the useful deadweight (cargo carrying capacity) of a vessel as certified by a tonnage certificate of the vessel.
44. "Repeated violation" shall be any violation which is committed within one year after the entry into effect of a penalty decree whereby the offender was penalized for a violation of the same kind.
45. (New, SG No. 110/2007, effective 1.01.2007) "Agricultural products", "processing of agricultural products" and "marketing of agricultural products" shall have the meaning given to these terms by Article 2 [sic, must be Article 1, paragraph 2 - Translator's Note] of Commission Regulation (EC) No 1998/2006 on the application of Articles 87 and 88 of the Treaty to de minimis aid.
46. (New, SG No. 110/2007, effective 1.01.2007) "Eligible expenditure on material assets" for the purposes of Items 29 and 48 shall be land, buildings, machinery and plant/equipment. The initial investments shall furthermore include the machinery and plant/equipment acquired under a financial lease contract where the contract contains an obligation to purchase the asset at the expiry of the term of the contract.
47. (New, SG No. 110/2007, effective 1.01.2007) "Eligible expenditure on immaterial assets" for the purposes of Items 29 and 48 shall be assets obtained as a result of transfer of technology by the acquisition of patent rights, licences, know-how or unpatented technical knowledge.
48. (New, SG No. 110/2007, effective 1.01.2007) "Large investment project" shall be an initial investment which includes eligible expenditure on material and immaterial assets combined in an economically indivisible way, where the eligible expenditure exceeds the lev equivalent of EUR 50 million, determined according to the official exchange rate of the lev against the euro. The initial investment related to a large investment project must be undertaken within a period of three years. A large investment project may not be divided into sub-projects or stages, if this would lead to circumvention of the provisions in this Act.
49. (New, SG No. 110/2007, effective 1.01.2007) "Net turnover" shall have the meaning given to this term by the Accountancy Act.
50. (New, SG No. 110/2007, effective 1.01.2007) "Equity method" shall have the meaning given to this term by accounting legislation.
51. (New, SG No. 110/2007, effective 1.01.2007) "Proportionate consolidation method" shall have the meaning given to this term by accounting legislation.
52. (New, SG No. 110/2007, effective 1.01.2007) "Jointly controlled entity" shall have the meaning given to this term by accounting legislation.
§ 2. This Act transposes the provisions of Council Directive 2001/86/EC supplementing the Statute for a European company with regard to the involvement of employees and of Council Directive 2003/72/EC supplementing the Statute for a European Cooperative Society with regard to the involvement of employees with regard to the involvement of employees.

TRANSITIONAL AND FINAL PROVISIONS
§ 3. This Act shall supersede the Corporate Income Tax Act (promulgated in the State Gazette No. 115 of 1997; corrected in No. 19 of 1998; amended in Nos. 21 and 153 of 1998, Nos. 12, 50, 51, 64, 81, 103, 110 and 111 of 1999, Nos. 105 and 108 of 2000, Nos. 34 and 110 of 2001, Nos. 45, 61, 62 and 119 of 2002, Nos. 42 and 109 of 2003, Nos. 18, 53 and 107 of 2004, Nos. 39, 88, 91, 102, 103 and 105 of 2005, Nos. 30, 34, 59 and 63 of 2006).
§ 4. The adjustments of the financial result (accounting profit/loss) for tax purposes consequent to the application of Article 23 of the Corporate Income Tax Act as superseded until the 31st day of December 2006 shall be considered to be adjustments of the accounting financial result upon determination of the tax financial result according to the procedure and according to the relevant provision of this Act.
§ 5. The accounting income and expenses from subsequent valuations (revaluations and impairments) of depreciable assets, which are charged until the 31st day of December 2003 and which are not recognized for tax purposes until the 31st day of December 2006 according to the procedure established by Article 23 of the Corporate Income Tax Act as superseded, shall be recognized for tax purposes in the year of write-off the relevant asset in the tax depreciation schedule, with the exception of the cases of shrinkage.
§ 6. (1) The depreciable assets available in the tax depreciation schedule as at the 31st day of December 2006, with the exception of such specified in Paragraph (2), shall be considered to be taxable depreciable assets within the meaning given by Article 48 herein.
(2) The following assets available in the tax depreciation schedule shall be written off therein as at the 1st day of January 2007:
1. the positive goodwill;
2. the assets which are not used in any activity in respect of which a tax financial result is formed;
3. the assets which are not classified as held for sale or are part of a group for exemption classified as held for sale;
4. the assets where the taxable person has been dissolved through liquidation or has been dissolved through adjudication in bankruptcy.
(3) (Amended, SG No. 110/2007, effective 1.01.2007) Article 66 herein shall not apply in the cases of write-off of any assets under Item 1 and 2 of Paragraph (2).
§ 7. (1) The tax depreciable value of any tax depreciable asset available as at the 1st day of January 2007 shall be the depreciable value of the said asset as at the 31st day of December 2006 under the Corporate Income Tax Act as superseded.
(2) The tax depreciation charged of any tax depreciable asset available as at the 1st day of January 2007 shall be the tax-recognized amount of the expenses on depreciations for the relevant asset as at the 31st day of December 2006 under the Corporate Income Tax Act as superseded.
(3) The tax value of any tax depreciable asset available as at the 1st day of January 2007 shall be the tax carrying value of the said asset as at the 31st day of December 2006 under the Corporate Income Tax Act as superseded.
§ 8. The values of the tax depreciable assets available in the tax depreciation schedule as at the 1st day of January 2007 shall remain unchanged compared to the said values as at the 31st day of December 2006.
§ 9. (1) The revaluation reserve in the tax depreciation schedule shall be written off therein as at the 1st day of January 2007. The said write-off shall follow the procedure and manner specified in § 10 or 11 herein. The taxable person shall opt for the application of § 10 or 11 herein.
(2) The "revaluation reserve," within the meaning given by Paragraph (1), shall be the revaluation reserve (the subsequent valuations reserve) which is included in the tax depreciation schedule as at the 31st day of December 2006.
(3) Where a revaluation reserve (subsequent valuations reserve) other than the one which should have been included according to Article 22 of the Corporate Income Tax Act as superseded is included in the tax depreciation schedule as at the 31st day of December 2006, the said reserve shall be adjusted for the purposes of Paragraph (1).
(4) Sole traders shall write off the revaluation reserve according to a procedure and in a manner applicable to the taxable persons under this Act.
§ 10. (1) The taxable persons shall adjust on a single occasion the values of the depreciable assets in the tax depreciation schedule as at the 1st day of January 2007 as a result of the write-off of the revaluation reserve.
(2) The tax-recognized amount of the expenses on depreciations for a specific depreciable asset as at the 31st day of December 2006 shall be credited with the written off revaluation reserve for the relevant asset, as a result of which the tax depreciation of the said asset charged as at the 1st day of January 2007 shall be increased and the tax value of the asset as at the 1st day of January 2007 shall be decreased. After the increase, the tax depreciation charged for the relevant asset may not exceed the tax depreciable value of the asset as at the 1st day of January 2007.
(3) Where the revaluation reserve for a specific asset exceeds the tax carrying value of the said asset as at the 31st day of December 2006, the said asset shall be written off in the tax depreciation schedule as at the 1st day of January 2007, with the tax-recognized amount of the expenses on depreciations of other assets of the same category, determined within the meaning given by Article 22 of the Corporate Income Tax Act as superseded, being credited with the amount of the excess. Where the values of the assets of the said category are insufficient to fulfil the requirement of sentence one, the tax-recognized amount of the expenses on depreciations of assets of the other categories shall be increased.
(4) After the write-off of the revaluation reserve, the total amount of the tax values of all assets available in the tax depreciation schedule as at the 1st day of January 2007 must equal the total amount of the tax carrying values of all assets as at the 31st day of December 2006, debited with the revaluation reserve as written off.
(5) Paragraphs (1) to (4) shall not apply were the total amount of the revaluation reserve as written off exceeds the total amount of the tax carrying values of all assets available in the tax depreciation schedule as at the 31st day of December 2006. The taxable persons shall write off all assets available in the tax depreciation schedule as at the 31st day of December 2006 in the said schedule as at the 1st day of January 2007. The accounting financial result shall be credited with the difference between the total amount of the revaluation reserve and the total amount of the tax carrying values of all assets as at the 31st day of December 2006 upon determination of the tax financial result, inter alia upon determination of the quarterly prepayments according to the procedure established by § 11 herein.
§ 11. (1) Upon determination of the tax financial results, inter alia upon determination of the quarterly prepayments, the accounting financial result shall be credited with the revaluation reserve as written off as follows:
1. for 2007: with one-third of the revaluation reserve as written off;
2. for 2008: with one-third of the revaluation reserve as written off;
3. for 2009: with one-third of the revaluation reserve as written off.
(2) Upon dissolution of any taxable person, with the exception of the cases of dissolution upon transformation through change of the legal form under Article 264 of the Commerce Act , upon determination of the tax financial result for the year of dissolution the accounting financial result shall be credited with the portion of the revaluation result as written off whereby the accounting financial result has not been credited according to the procedure established by Paragraph (1).
(3) The taxable person may credit the accounting financial result thereof with the revaluation reserve as written off on a single occasion upon determination of the tax financial result thereof for 2007, inter alia upon determination of the quarterly prepayments. In this case Paragraphs (1) and (2) shall not apply.
§ 12. The provision of Item 6 of Article 55 (1) herein shall apply to any tax tangible fixed assets acquired after the 31st day of December 2006.
§ 13. For the purposes of Article 55 herein, the depreciable asset referred to in Item 55 (f) of § 1 of the Supplementary Provisions of the Corporate Income Tax Act as superseded shall be allocated to Category V.
§ 14. For the purposes of Article 55 herein, the depreciable asset, formed according to the Corporate Income Tax Act as superseded as a result of the tax-unrecognized portion of the excess of the sum total of the accounting depreciation quotas over the tax-recognized amount of the depreciations of the assets as a whole for the period commencing on the 1st day of January 1998 and ending on the 31st day of December 2002, shall be allocated to Category VII.
§ 15. (Amended, SG No. 110/2007, effective 1.01.2007) The provision of Article 59 herein shall not apply to any tax depreciable asset for which the charging of tax depreciations was discontinued at the 31st day of December 2006 according to the Corporate Income Tax Act as superseded by reason of withdrawal from use of the said asset. The charging of tax depreciations for the asset referred to in sentence one shall be resumed as from the beginning of the month of re-commissioning of the said asset.
§ 16. The provision of Article 63 herein shall apply to any subsequent expenses completed after the 31st day of December 2006.
§ 17. For the purposes of Article 66 (1) herein, where the residual value is not included in the depreciable value of the asset within the meaning given by the Corporate Income Tax Act as superseded, the accounting carrying value of the asset shall be debited with the residual value thereof upon determination of the tax financial result.
§ 18. Article 68 herein shall apply to any assets acquired after the 31st day of December 2005.
§ 19. Article 45 herein shall not apply in the cases where the financial result for tax purposes has been credited with the subsequent valuation reserve (revaluation reserve) according to the procedure established by Article 23 of the Corporate Income Tax Act as superseded.
§ 20. Any unrecognized expenses on interest payments after the 1st day of January 2004 according to Article 26 of the Corporate Income Tax Act as superseded, subject to deduction and not deducted until the 31st day of December 2006, shall be deducted according to the procedure established by Article 43 herein until the lapse of five years since the year of non-recognition of the said expenses for tax purposes.
§ 21. The portion of the provisions for claims taxed for tax purposes (under the accounting legislation effective until the 31st day of December 2001) in the non-financial enterprises, whereby the financial result has not been debited according to the procedure established by Article 23 (3) of the Corporate Income Tax Act as superseded during succeeding years, shall be treated as unrecognized expense on subsequent valuation of a claim according to the procedure established by Article 34 of this Act.
§ 22. Any losses formed after the 1st day of January 2002 and subject to carry-forward, which have not been deducted until the 31st day of December 2006 according to the procedure established by Chapter Four of the Corporate Income Tax Act as superseded, shall be deducted according to the procedure established by Chapter Eleven herein.
§ 23. Article 95 herein shall not apply to any income and expenses originating as a result of any income and expenses, accounted for prior to the 1st day of January 2007, in respect of which there existed a difference between the amount as accounted for according to the accounting policies and the amount as determined by a regulatory authority according to a statutory instrument.
§ 24. The right to enjoy the reduction referred to in Article 60 (1) or the retention referred to in Articles 61d or 61e of the Corporate Income Tax Act as superseded in respect of the corporation tax due for 2006 shall furthermore vest in any taxable person which has not submitted a notification to the competent National Revenue Agency territorial directorate according to Article 51a of the Corporate Income Tax Act as superseded, subject to the condition that the said person fulfil all requirements provided for in the Act for the relevant corporation tax reduction or retention.
§ 25. Corporation tax retention shall be allowed according to the procedure established by Article 187 herein until the 31st day of December 2010.
§ 26. (Repealed, SG No. 110/2007, effective 1.01.2007).
§ 27. The annual taxable profit (loss), the annual corporation tax due, all alternative taxes, the taxes on expenses and the withholding taxes for 2006, which are declarable according to the procedure established by the Corporate Income Tax Act as superseded, shall be declared by means of submission of the relevant tax returns and within the time limits under the said Act.
§ 28. (1) The taxes due for 2006 under the Corporate Income Tax Act as superseded shall be remitted within the time limits and according to the procedure established by the said Act.
(2) The right referred to in Article 92 (5) herein shall be enjoyable by the taxable persons even upon declaring the corporation tax for 2006.
§ 29. The standard forms of annual tax returns for 2006 under the Corporate Income Tax Act as superseded shall be endorsed not later than the 10th day of January 2007 by an order of the Minister of Finance, which shall be promulgated in the State Gazette.
§ 30. (Amended, SG No. 110/2007, effective 1.01.2007) Any provisions, which are included in the historical cost of a tax depreciable asset but are not included in the depreciable value of the said asset according to the Corporate Income Tax Act as superseded, shall be considered as provisions which are not included in the tax depreciable value of the asset according to Article 53 (1) herein.
§ 31. (Repealed, SG No. 110/2007).
§ 32. The Tax and Social-Insurance Procedure Code (promulgated in the State Gazette No. 105 of 2005; amended in Nos. 30, 33, 34, 59, 63, 73 and 82 of 2006) shall be amended and supplemented as follows:
1. In Article 141:
(a) in Paragraph (1), the words "thirty days" shall be replaced by "sixty days";
(b) in Paragraph (2):
(aa) in sentence one at the end, there shall be added "and has not eliminated the deficiencies within fifteen days after the date of request by the revenue authority";
(bb) in sentence two, the words "there are no" shall be replaced by "there are";
(c) in Paragraph (3), after the words "application of the CADT" there shall be inserted "or failure to rule within the period under Paragraph (1)";
(d) Paragraphs (4) and (5) shall be amended to read as follows:
"(4) Any opinion on lack of grounds for application of the CADT shall be appealable by the recipient of the income or by the payer, if authorized to do so by the recipient of the income. Any such appeal shall follow the procedure for appeal of audit acts, and the appeal shall be lodged care of the territorial directorate whereto the request has been submitted.
(5) If there is an opinion on application of the CADT under Paragraph (1) or (2), the tax liabilities for the relevant income may be revised solely if there are grounds under Article 133 (2)."
2. In Article 142 (1) and (2) , the figure "25,000" shall be replaced by "50,000".
§ 33. This Act shall enter into force on the 1st day of January 2007.
This Act was adopted by the 40th National Assembly on the 14th day of December 2006 and the Official Seal of the National Assembly has been affixed thereto.
Act to Amend and Supplement the Corporate Income Tax Act
(SG No. 110/2007, effective 1.01.2008)
TRANSITIONAL AND FINAL PROVISIONS
§ 56. (Effective 1.01.2007, SG No. 110/2007) Any overremitted corporation tax, profits tax and municipal tax under the Corporate Income Tax as superseded (promulgated in the State Gazette No. 115/1997; corrected in No. 19/1998; amended in Nos. 21 and 153/1998, Nos. 12, 50, 51, 64, 81, 103, 110 and 111/1999, Nos. 105 and 108/2000, Nos. 34 and 110/2001, Nos. 45, 61, 62 and 119/2002, Nos. 42 and 109/2003, Nos. 18, 53 and 107/2004, Nos. 39, 88, 91, 102, 103 and 105/2005, Nos. 30, 34, 59 and 63/2006; superseded, No. 105/2006), which is not deducted, refunded or set off at the 31st day of December 2006, may be deducted according to the procedure established by Article 94 of the effective Corporate Income Tax Act.
§ 57. (Effective 1.01.2007, SG No. 110/2007) Any taxable person, which has retained tax under Article 58 of the Profits Tax Act as repealed (promulgated in the State Gazette No. 59/1996 [sic, must be 1996 - Translator's Note]; amended in No. 110/1996, Nos. 16, 49, 86 and 89/1997; repealed, SG No. 115/1997) or under Article 20 as repealed of the Investment Promotion Act, which adopts the application of International Accounting Standards, shall not apply Chapter Thirteen to the change in accounting policies in respect of the accounting for the tax retained. Upon determination of the tax financial result for the year of transition to International Accounting Standards and for the succeeding years, the financial result shall be credited with the part of the financing accounted for in connection with the tax retained which is not recognized as income before transition to International Accounting Standards, the amount of the increase being allocated by year as applicable in proportion to the expenses accounted for during the said years in connection with fulfilment of the conditions for retention of the tax. Where the tax retained is invested in depreciable assets, the increase referred to in sentence two shall be allocated by year on the basis of the accounting expenses on depreciation accounted for the said assets during the years as applicable.
§ 58. (Effective 1.01.2007, SG No. 110/2007) The tax reliefs according to the procedure established by Section IV of Chapter Twenty-Two, with the exception of Article 187 of the Corporate Income Tax Act, shall be enjoyable until the 31st day of December 2013. The tax relief referred to in Article 184 of the Corporate Income Tax Act, constituting regional aid, shall be enjoyable where implementation of the relevant initial investment commenced after the 31st day of December 2006 but before the 1st day of January 2014.
§ 59. (Effective 1.01.2007, SG No. 110/2007) The tax relief referred to in Article 184 of the Corporate Income Tax Act, of which the Minister of Finance has notified the European Commission according to the procedure established by Article 8 of the State Aids Act, constituting regional aid, shall become effective after adoption of a positive decision by the European Commission regarding the accordance of the said relief with the Guidelines on national regional aid for 2007 to 2013 of the European Commission. Provided that the European Commission adopts a positive decision until the 31st day of March 2008, the tax relief may be applied for 2007 as well. After the adoption of a positive decision by the European Commission, the Minister of Finance need not prepare individual notifications on the taxable persons applying Article 184 of the Corporate Income Tax Act, with the exception of such implementing large investment projects under Article 189 of the Corporate Income Tax Act.
§ 60. The tax depreciable assets at the 31st day of December 2007, which are written off for accounting purposes but are not written off in the tax depreciation schedule in pursuance of Item 2 of Article 22 (12) of the Corporate Income Tax Act as superseded because a flow of economic benefit is not expected there from or in pursuance of item 1 of article 60 (3), shall be written off in the tax depreciation schedule at the 1st day of January 2008. The provision of Article 66 (2) of the effective Corporate Income Tax Act shall apply, inter alia upon determination of the quarterly tax prepayments for 2008. Sentences one and two shall not apply to any assets which are written off for accounting purposes because they are completely depreciated.
§ 61. The provision of Article 140 (7) of the Corporate Income Tax Act shall not apply to any transformation whereof the date of recordation in the Commercial Register precedes the 1st day of January 2008.
§ 62. Any accounting income and expenses, profits and losses, accounted for by a partner in a jointly controlled entity as a result of application of the proportionate consolidation method, shall not be recognized for tax purposes where the jointly controlled entity is a taxable person.
§ 63. (1) Upon determination of the tax financial result of any financial institutions, the accounting financial result thereof shall be debited with the dividends distributed by resident legal persons during the current year, where the investment is accounted for according to the equity method.
(2) Upon determination of the tax financial result of any taxable persons other than financial institutions, the accounting financial result thereof shall be debited with the dividends distributed by resident legal persons for the period commencing with the acquisition and ending with the write-off of the investment, where the investment is accounted for according to the equity method. The debiting under sentence one shall be effected in the year of write-off of the investment.
(3) Paragraphs (1) and (2) shall not apply to:
1. any dividends distributed from profits which are realized prior to the acquisition of the investment by the taxable person, or
2. any dividends distributed by licensed special-purpose investment companies under the Special-Purpose Investment Companies Act.
§ 64. (1) Upon determination of the financial result of any resident parent company which is a financial institution, the accounting financial result thereof shall be debited with the dividends distributed by a subsidiary thereof from a Member State during the current year, where the investment in the subsidiary is accounted for according to the equity method.
(2) Upon determination of the tax financial result of a resident parent company other than a financial institution, the accounting financial result thereof shall be debited with the dividends distributed by a subsidiary thereof from a Member State for the period commencing with the acquisition and ending with the write-off of the investment in the subsidiary, where the investment is accounted for according to the equity method. The debiting under sentence one shall be effected in the year of write-off of the investment.
(3) Paragraphs (1) and (2) shall be furthermore applied by a permanent establishment in the country upon distribution of dividends by a non-resident person, where the conditions under Items 1 to 3 of Article 105 (2) of the Corporate Income Tax Act are fulfilled.
(4) Where dividends have been distributed according to the procedure established by Paragraphs (1) or (3) within two years after the time of acquisition of at least 15 per cent of the capital of the company distributing the dividends, the taxable person shall have the right to debit the financial result thereof according to the procedure established by Paragraph (1). In case the taxable person ceases to hold at least 15 per cent of the capital of the company prior to the lapse of the two years, the tax financial result and the corporation tax due for the year in which Paragraph (1) is applied, shall be adjusted in a way as if Paragraph (1) was not applied. Default interest according to the standard procedure shall be due for the period commencing on the date on which the corporation tax had to be remitted and ending on the date of remittance of the said tax.
(5) Paragraphs (1) to (4) shall not apply to any dividends distributed from profits which are realized prior to the acquisition of the investment by the taxable person.
§ 65. § 62, 63 and 64 of this Act shall apply upon determination of the tax financial result for 2007.
§ 66. § 16 and 17 of this Act shall apply to any assets acquired after the 31st day of December 2007.
........................................................................
§ 68. This Act shall enter into force on the 1st day of January 2008, with the exception of § 7, 21, 24, 38 to 45, 49, 50, Items 3 to 7 of § 54, Items 1 to 4 of § 55 and § 56 to 59 herein, which shall enter into force on the 1st day of January 2007.


Annex 1
to Item 1 of Article 100
(Supplemented, SG No. 108/2007, effective 1.01.2007)


List of Companies in the Member States of the European Union Referred to in Item 1 of Article 100 Herein


(a) companies incorporated under Council Regulation (EC) No 2157/2001 on the Statute for a European company (SE) and Council Directive 2001/86/EC supplementing the Statute for a European company with regard to the involvement of employees, [and cooperative societies] included [sic, actually incorporated - Translator's Note] under Council Regulation (EC) No 1435/2003 on the Statute for a European Cooperative Society (SCE) and Council Directive 2003/72/EC supplementing the Statute for a European Cooperative Society with regard to the involvement of employees;

(b) companies under Belgian law known as: "sociйtй anonyme"/"naamloze vennootschap", "sociйtй en commandite par actions"/"commanditaire vennootschap op aandelen", "sociйtй privйe а responsabilitй limitйe"/"besloten vennootschap met beperkte aansprakelijkheid", "sociйtй cooperative а responsabilitй limitйe"/"cooperative vennootschap met beperkte aansprakelijkheid", "sociйtй en nom collectif"/"vennootschap onder firma", "sociйtй en commandite simple"/"gewone commanditaire vennootschap", public undertakings which have adopted one of the above-mentioned legal forms, as well as other companies constituted under Belgian law and which are subject to the Belgian Corporate Tax;

(c) companies under Czech law known as: "akciovб spolecnost", "spolecnost s rucenim omezenэm";

(d) companies under Danish law known as "aktieselskab" and "anpartsselskab". Other companies subject to tax under the Corporation Tax Act, in so far as their taxable income is calculated and taxed in accordance with the general tax legislation rules applicable to "aktieselskaber";

(e) companies under German law known as: "Aktiengesellschaft", "Kommanditgesellschaft auf Aktien", "Gesellschaft mit beschrдnkter Haftung", "Versicherungsverein auf Gegenseitigkeit", "Erwerbs- und Wirtschaftsgenossenschaft", "Betriebe gewerblicher Art von juristischen Personen des цffentlichen Rechts", as well as other companies constituted under German law and subject to German corporate tax;

(f) companies under Estonian law known as: "tдisьhing", "usaldusьhing", "osaьhing", "aktsiaselts", "tulundusьhistu";

(g) companies under Greek law known as: ??????? ???????", "??????? ????????????з ??????з" (?.?.?) and other companies constituted under Greek law and subject to Greek corporate tax;

(h) companies under Spanish law known as: "sociedad anуnima", "sociedad comanditaria por acciones", "sociedad de resposabilidad limitada", as well as those public law bodies which operate under private law. Other entities constituted under Spanish law and subject to Spanish corporate tax (‘Impuesto sobre Sociedades');

(i) companies under French law known as: "sociйtй anonyme", "sociйtй en commandite par actions", "sociйtй а responsabilitй limitйe", "sociйtй par actions simplifiйe", "sociйtй d'assurances mutuelles", "caisses d'йpargne et de prйvoyance", "sociйtйs civiles", which are automatically subject to corporation tax, "coopйratives", "unions de coopйratives", industrial and commercial public establishments and undertakings, as well as other companies constituted under French law which are subject to the French Corporate Tax;

(j) companies incorporated or existing under Irish laws, bodies registered under the Industrial and Provident Societies Act, building societies incorporated under the Building Societies Acts and trustee savings banks within the meaning of the Trustee Savings Banks Act, 1989;

(k) companies under Italian law known as "societа per azioni", "societа in accomandita per azioni", "societа a responsabilitа limitata", "societа ccoperativa", "societа di mutual assicurazione", as well as private and public entities whose activity is wholly or principally commercial;

(l) under Cypriot law: "???????з", as defined in the Income Tax laws;

(m) companies under Latvian law known as: "akciju sabiedriba", "sabiedriba ar ierobezotu atbildibu";

(n) companies incorporated under the law of Lithuania;

(o) companies under Luxembourg law known as "sociйtй anonyme", "sociйtй en commandite par actions", "sociйtй а responsabilitй limitйe", "sociйtй coopйrative", "sociйtй coopйrative organisйe comme une sociйtй anonyme", "association d'assurances mutuelles", "association d'йpargne-pension", "enterprise de natura commerciale, industrielle ou miniиre de l'Йtat, des communes, des syndicats de communes, des йtablissements publics et des autres personnes marales de droit public", as well as other companies constituted under Luxembourg law which are subject to the Luxembourg Corporate Tax;

(p) companies under Hungarian law known as: "kцzkereseti tбrsasбg", "berйti tбrsasбg", "kцzцs vбllat", "korlбtolt felelцssйgь tбrsasбg", "rйszvйnytбrsasбg", "egyesьlйs", "szцvetkezet";

(q) companies under Maltese law known as: "Kumpaniji ta' Responsabilita Limitata", "Socjetajiet en commandite li l-kapital taghhom maqsum fazzjonijiet";

(r) companies under Dutch law known as "naamloze vennootschap", "besloten vennootschap met beperkte aansprakelijkheid", "Open commanditaire vennootschap", "Coцperatie", "onderlinge waarborgmaatschappij", "Fonds voor gemene rekening", "vereniging op cooperative grondslag", "vereniging welke op onderlinge grondslag als verzekeraar of kredietinstelling optreedt", as well as other companies constituted under Dutch law which are subject to the Dutch Corporate Tax;

(s) companies under Austrian law known as: "Aktiengesellschaft", "Gesellschaft mit beschrдnkter Haftung", "Versicherungsvereine auf Gegenseitigkeit", "Erwerbs- und Wirtschaftsgenossenschaften", "Betriebe gewerblicher Art von Kцrperschaften des цffentlichen Rechts", "Sparkassen";

(t) companies under Polish law known as: "spуlka akcyjna", "spуlka z ograniczona odpowiedzialnoscia";

(u) commercial companies or civil law companies having a commercial form, as well as cooperatives and public undertakings, incorporated under Portuguese law;

(v) companies under Slovenian law known as: "delniska druzba", "komanditna druzba", "druzba z omejeno odgovornostjo";

(w) companies under Slovak law known as: "akciovб spolocnost", "spolocnost s rucenнm obmedzenэm", "komanditnб spolocnos";

(x) companies under Finnish law known as "osakeyhtiц"/"aktiebolag", "osuuskunta"/"andelslag", "sддstцpankki"/"sparbank" and "vakuutusyhtiц"/"fцrsдkringsbolag";

(y) companies under Swedish law known as "aktiebolag", "fцrsдkringsaktiebolag", "ekonomiska fцreningar", "sparbanker", "цmsesidiga fцrsдkringsbolag";

(z) companies incorporated under the law of the United Kingdom of Great Britain and Northern Ireland.

(aa) (new, SG No. 108/2007) companies under Romanian law known as "sosietati pe actiuni", sosietati оn comandita pe actiuni", "sosietati cu raspundere limitata".

Annex 2
to Item 3 of Article 100 and Item 1 of Article 108 (2)
(Supplemented, SG No. 108/2007, effective 1.01.2007)


List of Taxes in the Member States of the European Union


- impфt des sociйtйs/vennootschapsbelasting in Belgium,

- selskabsskat in Denmark,

- Kцrperschaftsteuer in the Federal Republic of Germany,

- ????? ??????µ???? ??µ???? ???????? ????????????? ????????? [in Greece],

- impuesto sobre sociedades in Spain,

- impфt sur les sociйtйs in France

- corporation tax in Ireland,

- imposta sul reddito delle persone giuridiche in Italy,

- impфt sur le revenu des collectivitйs in Luxembourg,

- venflootschapsbelasting in the Netherlands,

- imposto sobre o rendimento das pessoas colectivas in Portugal,

- corporation tax in the United Kingdom of Great Britain and Northern Ireland,

- Kцrperschaftsteuer in Austria

- yhteisцjen tulovero/inkomstskatten fцr samfund in Finland,

- statlig inkomstskatt in Sweden,

- Dan z prнjmu prбvnickэch osob in the Czech Republic,

- Tulumaks in Estonia,

- ????? ??????????? in Cyprus,

- uznemumu ienakuma nodoklis in Latvia,

- Pelno mokestis in Lithuania,

- Tбrsasбgi adу in Hungary,

- Taxxa fuq l-income in Malta,

- Podatek dochodowy od osуb prawnych in Poland,

- Davek od dobicka pravnih oseb in Slovenia,

- Dan z prнjmu prбvnickэch osob in Slovakia.

- Impozit pe profit in Romania.

Annex 3
to Item 1 of Article 137
(Supplemented, SG No. 108/2007, effective 1.01.2007)


List of Companies in the Member States of the European Union Referred to in Item 1 of Article 137 Herein


(a) companies incorporated under Council Regulation (EC) No 2157/2001 on the Statute for a European company (SE) and Council Directive 2001/86/EC supplementing the Statute for a European company with regard to the involvement of employees, included under Council Regulation (EC) No 1435/2003 on the Statute for a European Cooperative Society (SCE) and Council Directive 2003/72/EC supplementing the Statute for a European Cooperative Society with regard to the involvement of employees;

(b) companies under Belgian law known as "sociйtй anonyme"/"naamloze vennootschap", "sociйtй en commandite par actions"/"commanditaire vennootschap op aandelen", "sociйtй privйe а responsabilitй limitйe"/"besloten vennootschap met beperkte aansprakelijkheid", "sociйtй cooperative а responsabilitй limitйe"/"cooperative vennootschap met beperkte aansprakelijkheid", "sociйtй en nom collectif"/"vennootschap onder firma", "sociйtй en commandite simple"/"gewone commanditaire vennootschap", public undertakings which have adopted one of the above-mentioned legal forms, as well as other companies constituted under Belgian law and subject to the Belgian Corporate Tax;

(c) companies under Czech law known as: "akciovб spolecnost", "spolecnost s rucenim omezenэm";

(d) companies under Danish law known as "aktieselskab" and "anpartsselskab"; other companies subject to tax under the Corporation Tax Act, in so far as their taxable income is calculated and taxed in accordance with the general tax legislation rules applicable to "aktieselskaber";

(e) companies under German law known as: "Aktiengesellschaft", "Kommanditgesellschaft auf Aktien", "Gesellschaft mit beschrдnkter Haftung", "Versicherungsverein auf Gegenseitigkeit", "Erwerbs- und Wirtschaftsgenossenschaft", "Betriebe gewerblicher Art von juristischen Personen des цffentlichen Rechts", as well as other companies constituted under German law and subject to German corporate tax;

(f) companies under Estonian law known as: "tдisьhing", "usaldusьhing", "osaьhing", "aktsiaselts", "tulundusьhistu";

(g) companies under Greek law known as: "??????? ???????", "??????? ????????????з ??????з" (?.?.?);

(h) companies under Spanish law known as: "sociedad anуnima", "sociedad comanditaria por acciones", "sociedad de resposabilidad limitada", as well as those public law bodies which operate under private law;

(i) companies under French law known as "sociйtй anonyme", "sociйtй en commandite par actions", "sociйtй а responsabilitй limitйe", "sociйtй par actions simplifiйe", "sociйtй d'assurances mutuelles", "caisses d'йpargne et de prйvoyance", "sociйtйs civiles", which are automatically subject to corporation tax, "coopйratives", "unions de coopйratives", industrial and commercial public establishments and undertakings, as well as other companies constituted under French law which are subject to the French Corporate Tax;

(j) companies incorporated or existing under Irish laws, bodies registered under the Industrial and Provident Societies Act, building societies incorporated under the Building Societies Acts and trustee savings banks within the meaning of the Trustee Savings Banks Act, 1989;

(k) companies under Italian law known as: "societа per azioni", "societа in accomandita per azioni", "societа a responsabilitа limitata", "societа ccoperativa", "societа di mutual assicurazione", as well as private and public entities whose activity is wholly or principally commercial;

(l) under Cypriot law: "???????з", as defined in the Income Tax laws;

(m) companies under Latvian law known as: "akciju sabiedriba", "sabiedriba ar ierobezotu atbildibu";

(n) companies incorporated under the law of Lithuania;

(o) companies under Luxembourg law known as: "sociйtй anonyme", "sociйtй en commandite par actions", "sociйtй а responsabilitй limitйe", "sociйtй coopйrative", "sociйtй coopйrative organisйe comme une sociйtй anonyme", "association d'assurances mutuelles", "association d'йpargne-pension", "enterprise de natura commerciale, industrielle ou miniиre de l'Йtat, des communes, des syndicats de communes, des йtablissements publics et des autres personnes marales de droit public", as well as other companies constituted under Luxembourg law which are subject to the Luxembourg Corporate Tax;

(p) companies under Hungarian law known as: "kцzkereseti tбrsasбg", "berйti tбrsasбg", "kцzцs vбllat", "korlбtolt felelцssйgь tбrsasбg", "rйszvйnytбrsasбg", "egyesьlйs", "kцzhasznъ tбrsasбg", "szцvetkezet";

(q) companies under Maltese law known as: "Kumpaniji ta' Responsabilita Limitata", "Socjetajiet en commandite li l-kapital taghhom maqsum fazzjonijiet";

(r) companies under Dutch law known as: "naamloze vennootschap", "besloten vennootschap met beperkte aansprakelijkheid", "Open commanditaire vennootschap", "Coцperatie", "onderlinge waarborgmaatschappij", "Fonds voor gemene rekening", "vereniging op cooperative grondslag" and "vereniging welke op onderlinge grondslag als verzekeraar of kredietinstelling optreedt", as well as other companies constituted under Dutch law which are subject to the Dutch Corporate Tax;

(s) companies under Austrian law known as: "Aktiengesellschaft", "Gesellschaft mit beschrдnkter Haftung", "Erwerbs- and Wirtschaftsgenossenschaften";

(t) companies under Polish law known as: "spуlka akcyjna", "spуlka z ograniczona odpowiedzialnoscia";

(u) commercial companies or civil law companies having a commercial form, as well as other legal persons carrying on commercial or industrial activities, which are incorporated under Portuguese law;

(v) companies under Slovenian law known as: "delniska druzba", "komanditna druzba", "druzba z omejeno odgovornostjo";

(w) companies under Slovak law known as: "akciovб spolocnost", "spolocnost s rucenнm obmedzenэm", "komanditnб spolocnost ";

(x) companies under Finnish law known as: "osakeyhtiц"/"aktiebolag", "osuuskunta"/"andelslag", "sддstцpankki"/"sparbank" and "vakuutusyhtiц"/"fцrsдkringsbolag";

(y) companies under Swedish law known as: "aktiebolag", "fцrsдkringsaktiebolag", "ekonomiska fцreningar", "sparbanker", "цmsesidiga fцrsдkringsbolag";

(z) companies incorporated under the law of the United Kingdom of Great Britain and Northern Ireland.

(aa) (new, SG No. 108/2007) companies under Romanian law known as "sosietati pe actiuni", sosietati оn comandita pe actiuni", "sosietati cu raspundere limitata".

Annex 4
to Item 3 of Article 137
(Supplemented, SG No. 108/2007, effective 1.01.2007)


List of Taxes in the Member States of the European Union


- impфt des sociйtйs/vennootschapsbelasting in Belgium,

- selskabsskat in Denmark,

- Kцrperschaftsteuer in the Federal Republic of Germany,

- ????? ??????µ???? ??µ???? ???????? ????????????? ????????? in Greece,

- impuesto sobre sociedades in Spain,

- impфt sur les sociйtйs in France,

- corporation tax in Ireland,

- imposta sul reddito delle societа in Italy,

- impфt sur le revenu des collectivitйs in Luxembourg,

- venflootschapsbelasting in the Netherlands,

- imposto sobre o rendimento das pessoas colectivas in Portugal,

- corporation tax in the United Kingdom of Great Britain and Northern Ireland,

- Kцrperschaftsteuer in Austria,

- yhteisцjen tulovero/inkomstskatten fцr samfund in Finland,

- statlig inkomstskatt in Sweden,

- Dan z prнjmu prбvnickэch osob in the Czech Republic,

- Tulumaks in Estonia,

- ????? ??????????? in Cyprus,

- uznemumu ienakuma nodoklis in Latvia,

- Pelno mokestis in Lithuania,

- Tбrsasбgi adу in Hungary,

- Taxxa fuq l-income in Malta,

- Podatek dochodowy od osуb prawnych in Poland,

- Davek od dobicka pravnih oseb in Slovenia,

- Dan z prнjmov prбvnickэch osob in Slovakia.

- impozit pe profit in Romania.

 


read previous read next
«   »



Contact us and receive free initial legal advice


Contact Solicitor Bulgaria

Phone numbers:

Email: info@solicitorbulgaria.com
Web site: www.solicitorbulgaria.com


Office address:
Coutry: Bulgaria
City: Sofia
Street Address: Region Sredets, 7 Slaveikov Square, Entrance B, Floor 2, Ap. 19
Post Code: 1000
View Map