Law On The Amendment Of The Tax-Insurance Procedure Code

Original Language Title: Закон за изменение и допълнение на Данъчно-осигурителния процесуален кодекс

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15568/

Name of the law amending and supplementing Act of the tax-insurance procedure Code Name of Bill WALL of the tax-insurance procedure code Date of adoption: 20/11/2015 number/year Official Gazette 94/2015 DECREE No. 234

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law for amendment of the tax-insurance procedure code adopted by the National Assembly of HLÌÌI 20 November 2015.

Issued in Sofia on December 1, 2015.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Hristo Ivanov

LAW

Amendment of the tax-insurance procedure code (official SG. 105 by 2005; amend., SG. 30, 33, 34, 59, 63, 73, 80, 82, 86, 95 and 105 of 2006, issue 46, 52, 53, 57, 59, 108 and 109 in 2007, 36/69 and 98 in 2008, issue 12, 32, 41 and 93 from 2009. , PC. 15, 94, 98, 100 and 101 of 2010, PC. 14, 31, 77 and 99 from 2011, issue. 26, 38, 40, 82, 94 and 99 by 2012 PCs. 52, 98, 106 and 109 in 2013, issue 1 by 2014; Decision No. 2 of the Constitutional Court by 2014 – PCs. 14 by 2014; amend., SG. 18, 40 and 53, 105 by 2014 and PCs. 12, 14, 60 and 61 by 2015.)

§ 1. In art. 12, al. 2, item 5 the word "arrival" is replaced by "unloading/receipt".

§ 2. In art. 13, para. 2, paragraph 3, the word "arrival" is replaced by "unloading/receipt".

§ 3. Article 19 shall be amended as follows:

"The responsibility of a third party, Member of the management authority, the Governor, Procurator, sales representative or sales representative

Art. 19. (1) as part of an organ of Government, Governor, Procurator, sales representative, sales representative of the legal person liable under art. 14, paragraphs 1 and 2 underground facts and circumstances, which, by law, was required to declare to the revenue body or public artist and therefore can not be collected duties for taxes or compulsory contributions, responsible for nes″branoto duty.

(2) who, in his capacity as Governor, Member of the management authority, the Procurator, sales representative, sales representative of the legal person liable under art. 14, paragraphs 1 and 2 in bad faith make payments in kind or in cash from assets of the liable person, representing a covert distribution of profits or dividends, or alienate the property of the liable person free of charge or at prices significantly lower than the market, and therefore the property of the person liable has been reduced and are therefore not paid taxes or compulsory contributions, is responsible for the obligation up to the amount of payments made Accordingly, to the extent of the reduction of property. "

§ 4. In art. 38 following amendments and supplements shall be made:

1. a new paragraph. 3:

"(3) the obligated persons in the creation and processing of all or part of the information referred to in para. 1 using information systems, products or archives, stored data created in electronic form for the period referred to in paragraph 1. 1 regardless of their storage on any other medium. "

2. The current paragraph. 3 it al. 4 and, after the words "under para. 1 "insert" and 3 ".

§ 5. In the title of the article. 39 the word "accounting" shall be deleted.

§ 6. In art. 73, para. 2 the following endorsements are added:

1. In paragraph 3, after the word "section" is added "Iiia" and a comma.

2. In paragraph 5, after the words "common agricultural policy" shall be added "and the common fisheries policy".

§ 7. In art. 74, para. 1 make the following amendments and additions:

1. point 3 shall be replaced by the following:

"3. the written request to the Attorney General, the Manager of the National Social Security Institute or the Director of the territorial division of the National Social Security Institute, the Director of the customs agency or the Chief of the Office of the President of the State national security agency or authorized by officials, the Agency's Director for State financial inspection, the Chairman of the Commission for protection of competition or authorised by officials , the President of the Commission to withdraw the illegally acquired property and directors of her territorial directorates, the President of the Court of Auditors, the Chairman of the National Statistical Institute, Chairman of the State Commission on gambling – if necessary in connection with the implementation of their powers defined in the law; ".

2. Create is item 5, 6 and 7:

"5. the written request of the Director-General of the European anti-fraud office or person designated by him – in connection with the ongoing administrative investigation;

6. the written request of the customs authority in connection with the implementation of its powers, under conditions and by an order determined by the Executive Director of the National Revenue Agency;

7. the request of the Minister of finance or any other authority designated by law in relation to their powers under art. 31 of the code of civil procedure and article. 3 of the law on international commercial arbitration. "

§ 8. In art. 82 following amendments and supplements shall be made:

1. In paragraph 8. 3 creating the second sentence: "the data under art. 81, para. 1 for foreign individuals with a directory listing of short-term and long-term resident shall be entered ex officio by the competent territorial Directorate on the basis of the data contained in the single register of foreigners held in the Ministry of the Interior. "

2. in the Al. 4, the words "from the trade register, BULSTAT register respectively ' shall be replaced by" under para. 3. "

§ 9. In art. 87 the following endorsements are added:

1. In paragraph 8. 7, after the words "by subject" add "by explicitly stated by it to the revenue body person".

2. a para. 11:


"(11) for the purposes of integrated administrative services, the competent authorities may require and receive from the revenue bodies evidence of the presence or absence of obligations on the person with the exception of obligations under the non-runners in force acts, as well as deferred, deferred or collateralised debt obligations."

§ 10. In art. 107, para. 3 creating a fourth sentence: "the Act may be issued ex officio on the basis of their own data, data obtained from third parties and organizations when the law is not provided for submission of the Declaration and the obligation is paid, and no revision has been carried out."

§ 11. In art. 109, para. 1 Finally a comma and add "or of the expiry of the year in which the data have been obtained from third parties and organisations, where under this Act is not provided for the filing of the Declaration".

§ 12. In art. 110 Al is created. 5:

"(5) where in the law does not provide otherwise, the time limit for carrying out the checks may not be longer than 6 months from the date of the first procedural act which shall be certified by a protocol or served with a request under art. 37, para. 3. If the 6-month period proves insufficient, it may be extended to six months by resolution of the authority assigned the investigation. When the results of inspection shall be drawn up, the same shall be granted to the person within 7 days of making it. "

§ 13. In art. 129, para. 5 item 3 shall be repealed.

§ 14. In art. Al 130. 1 shall be amended as follows:

"(1) where a declaration is lodged with referred to in her refund and when a request is made for reimbursement under art. 129, revenue authority may recover the entire amount claimed in the person's bank account or by postal money order in cases of restoration of local taxes by address by face in the payment order or postal entry must indicate the number and date of the Declaration, according to the request for recovery. "

§ 15. In art. 134, para. 1, second sentence, after the words "entrust" revision "or be added to order award."

§ 16. In title 2, Chapter sixteen section Iiia is created with art. 142 a – 142 (z):

"Section Iiia

Automatic exchange of financial information in the field of taxation

Subsection I

General

Subject

Art. 142. (1) this section governs the procedures for the implementation of administrative cooperation through the automatic exchange of financial information in the field of taxation with the participating jurisdictions, the obligations of providers of financial institutions for information collection, the application of due diligence procedures and the provision of financial information.

(2) the automatic exchange of financial information is the systematic provision of information under art. 142 b, para. 1 of a participating jurisdiction concerning persons who are resident for tax purposes in that participating jurisdiction, without request, at predetermined time intervals.

Scope of financial information

Art. 142. (1) (b) the providing of information a financial institution provides information for each account, satisfying the conditions of § 1, item 40 of the supplementary provisions, the Executive Director of the National Revenue Agency, which includes:

1. name/name, address, a participating jurisdiction, of which it is a resident for tax purposes, tax identification number, date and place of birth (in the case of a natural person) of the account holder who is a person to whom information is provided;

2. where the holder of the account entity after the application of due diligence procedures is identified as a passive non-financial entity with one or more controlling persons are persons who provide information – name, address, tax identification number and a participating jurisdiction or another jurisdiction, of which the entity is resident for tax purposes, as well as the name, address, a participating jurisdiction, of which it is a resident for tax purposes , tax identification number, date and place of birth of each controlling person provides information;

3. account number or functional equivalent – in the absence of a number;

4. the name and identification number of the providing information a financial institution;

5. availability or value on the account, including in the case of an insurance contract with a surrender value or anûiteten contract – value or otkupnata value in case of refusal, to the end of the calendar year or the date on which the account was closed;

6. in the case of Trustees ' account:

a) total gross amount of the interest, the total gross amount of the dividends and the total gross amount of any income arising from the assets held in the account, paid or accrued on the account (or in connection with the account) during the calendar year, and

(b)) the total amount of the gross proceeds from the sale or purchase of financial assets, paid or accrued in the account during the calendar year in respect of which the providing information a financial institution acted as custodian, broker, agent or otherwise, as an agent of the holder of the account;

7. in the event of a deposit account — the total gross amount of the interest paid or accrued on the account (authenticated) during the calendar year;

8. in the case of an account which is not referred to in paragraph 6 or 7 – total gross amount paid or accrued on the account for the benefit of the holder during the calendar year in respect of which the providing information a financial institution is required, including the total amount of payment payments to the holder of the account during the calendar year.


(2) where a person to whom information is provided, is resident for tax purposes for more than one participating jurisdiction, information shall be provided separately for each participating jurisdiction.

(3) the information provided contains the currency in which any amount is denominated.

(4) When transmitting information a financial institution does not have the information for tax identification number or date of birth of the holder of an existing account, these details are not provided. In this case, the providing of information a financial institution collects information about VAT registration number or date of birth of the holder of the account at the latest by the end of the second calendar year following the year in which the existing account has been identified as account information.

(5) is not required to provide a VAT registration number, if such a tax identification number is issued by the jurisdiction, on which the person provides information is resident for tax purposes.

(6) do not require the provision of information on place of birth, if the providing information a financial institution does not have this information and is not required to collect it under another law.

(7) for the purposes of the agreement between the Government of the Republic of Bulgaria and the Government of the United States of America to improve tax compliance in the international aspect and introduction in action of the FATCA, signed at Sofia on 5 December 2014, ratified by law (SG. 47 by 2015), hereinafter referred to as "FATCA agreement" when supplying information a financial institution does not have a tax number information regarding an existing account to an individual must provide date of birth of the holder of the account, such as information about VAT registration number is collected within the time limit referred to in paragraph 1. 4.

(8) the providing of information a financial institution apply customer due diligence procedures under the conditions and in accordance with this section to identify the accounts that provide information as well as non-participating financial institutions for payments to providing information.

(9) the providing of information a financial institution (other than a trust) who is resident in two or more countries, carries out due diligence procedures and provide information on the State in which it maintains a financial account.

Time limit for providing information

Art. 142. (1) the information referred to in art. 142 b, para. 1 shall be made available once a year electronically by 30 June of the year following the year to which it relates, in line and in a format established by the Executive Director of the National Revenue Agency.

(2) providing information a financial institution that does not support accounts that provide information, stating that fact within the time limit referred to in paragraph 1. 1.

(3) the providing of information a financial institution provides to the Executive Director of the national revenue agency information on the name and the total amount of payments to each non-participating financial institution that has performed in 2015 and 2016, the information shall be provided within the time limit referred to in paragraph 1. 1.

(4) When transmitting information a financial institution to make payment source in the United States of America, on which tax is deducted according to art. 1, al. 1, letter "YY" of non-agreement to FATCA financial institution or broker for such payment, the providing of information a financial institution shall inform the payer of income immediate circumstance.

(5) the Executive Director of the National Revenue Agency implemented automatic exchange of financial information with the competent authority of each participating jurisdiction. Information under art. 142 b, para. 1 is exchanged in a standardized electronic format by 30 September of the year following the year to which it relates.

A list of information, leaving no discretionary financial institutions excluded accounts and participating jurisdictions

Art. 142. (1) the Executive Director of the National Revenue Agency shall draw up a list of the entities that are considered leaving no discretionary information financial institutions under § 1A, item 12 (c) of the additional provisions, and of the accounts, which are considered excluded accounts under § 1A, p. 39) ("g" of the additional provisions.

(2) the list under para. 1 is approved by order of the Executive Director of the National Revenue Agency, published on the website of the Agency and shall be sent to the European Commission, which shall be notified of any subsequent changes.

(3) the Executive Director of the National Revenue Agency has published a list of the participating jurisdictions on the website of the Agency.

Subsection II

Due diligence procedures

General rules for due diligence

Art. 142 e. (1) Supplying information a financial institution considered any financial account for account information, from the date of identifying her as such in accordance with the procedures for due diligence. Account information is provided annually in the calendar year following the year to which the information relates, unless otherwise provided for in this code.

(2) Availability or value of an account for which information shall be provided, shall be determined as of the last day of the calendar year.

(3) the providing of information a financial institution may use a third party – the service provider for carrying out the obligations to provide information and due diligence on this section.


(4) in the cases referred to in para. 3 responsibility for the fulfilment of the obligations is the providing of information a financial institution, which must have access to or to have the information and documentary evidence used for the conduct of due diligence.

(5) the providing of information a financial institution can apply customer due diligence procedures for new accounts to existing accounts, such as exemptions, applicable to existing accounts, shall continue to apply.

(6) Supplying information a financial institution can apply procedures for due diligence on the accounts of great value to the accounts of small value.

Subsection III

Due diligence on the accounts of individuals

Due diligence on existing accounts to individuals of little value

Art. 142. (1) for the identification of an existing account to an individual account that is of little value, the following procedures shall apply:

1. the providing information a financial institution which stores data for the address of residence of the holder of the account, compiled on the basis of the documentary evidence, considered a resident for tax purposes in the jurisdiction in which the address is located, and on this basis to determine whether the holder of the account is the person that provides information;

2. the providing information a financial institution that is not subject to the procedure referred to in paragraph 1, needs to review the supported by her electronic records for the presence of the following indications:

(a) the identification of the holder) Bill as a resident for tax purposes in a participating jurisdiction;

b) current residential address or address for correspondence (including letter box) in a participating jurisdiction;

in) the presence of one or more phone numbers in a participating jurisdiction and the lack of a phone number in the Republic of Bulgaria;

d) permanent instructions for funds transfer to an account maintained in a participating jurisdiction, with the exception of instructions on the deposit account;

e) acting proxy granted to the person with an address in a participating jurisdiction;

f) postal address with the indication "attention" or "on demand" in a participating jurisdiction, when this is the only address of the holder of the account with which the providing information a financial institution has.

(2) If the providing information a financial institution has used the test of residential address under para. 1, item 1, and there is a change in circumstances, as a result of which the financial institution supplying the information becomes known or there is reason to be known to the original documentary proof (or equivalent documents) is now false or unreliable, the providing of information a financial institution must obtain a Declaration and the new documentary evidence to establish the quality of resident for tax purposes of the holder of the account. The Declaration and the new documentary evidence in the first sentence should be obtained within the later of the following two dates:

1. the last day of the calendar year, or

2. Ninety calendar days after the notice or the opening of the change in circumstances.

(3) If you do not receive a Declaration and new documentary evidence within the time limit referred to in paragraph 1. 2 the providing information a financial institution shall apply the procedure for searching the electronic records under para. 1, item 2.

(4) for the purposes of the FATCA agreement:

1. the first subparagraph of paragraph 1 shall not apply;

2. the indications referred to in paragraph 1. 1 2 include identification of the holder of the account as a citizen of the United States of America and the place of birth in the United States of America;

3. in view of the indication under para. 1, item 2 (c) the lack of a phone number in the Republic of Bulgaria shall not be taken into account;

4. in view of the indication under para. 1, paragraph 2, point (d) "deposit accounts are not excluded.

Consequences of the opening of the indication

Art. 142. (1) When transmitting information a financial institution does not find an indication under art. 142, para. 1, item 2 the review of electronic records, it does not take further action until there is a change in the circumstances which lead to the emergence of an indication relating to the account, or the account becomes an account of great value.

(2) when transmitting information a financial institution detects an indication under art. 142, para. 1, item 2 (a) – (e) the review of electronic records or in the event of a change in circumstances which leads to the appearance of an indication relating to the account, the account holder is considered to be resident for tax purposes of each participating jurisdiction, for which it was established, except when applied to art. 142 (h).

(3) When transmitting information a financial institution detects only the indication under art. 142, para. 1, paragraph 2, letter "e", it has to carry out a search in the file of the paper to the holder of the account in accordance with art. 142, para. 1, item 2, or to get a statement or documentary evidence from the holder of the account to determine where it is resident for tax purposes.

(4) When transmitting information a financial institution does not find an indication when you search the file and did not receive a statement or documentary evidence, the Bill is considered an undocumented account, and it provides information to the Executive Director of the National Revenue Agency.


(5) every existing account of a natural person, who is identified as account information, is considered to be the account that provides information, in each subsequent year, unless the account holder ceases to be a person to whom information is provided.

Exceptions at the opening of the indication

Art. 142. (1) the providing of information a financial institution may not be regarded as the holder of the account for a resident for tax purposes in a participating jurisdiction, which opened an indication when:

1. information for the account holder contains an indication referred to in art. 142, para. 1, item 2, "b", "c" or "d" and the providing of information a financial institution receives or disposes of the following documents:

(a) a declaration by the holder) the jurisdiction (jurisdiction) that is resident for tax purposes, and

b) documentary proof that the account holder is not a person to whom information is provided;

2. information on the account holder contains the indication under art. 142, para. 1, item 2, and the providing of information a financial institution receives or has any of the following documents:

(a) a declaration by the holder) the jurisdiction (jurisdiction) that is resident for tax purposes, or

b) documentary proof that the account holder is not a person to whom information is provided.

(2) for the purpose of supplying information agreement FATCA financial institution may not consider the Bill as account information is provided when the information about the account holder contains the telephone number in the United States of America and a telephone number in another jurisdiction or indication under art. 142, para. 1, paragraph 2, letter "e", and the providing of information a financial institution receives or has any of the following documents:

(a) a declaration by the holder) the jurisdiction (jurisdiction) that is resident for tax purposes;

b) documentary proof that the account holder is not a person to whom information is provided.

(3) for the purpose of supplying information agreement FATCA financial institution may not consider the Bill as account information is provided when the information about the account holder contains the place of birth in the United States of America and the providing of information a financial institution receives or disposes of the following documents:

1. a declaration by the holder of the account that is not a citizen of the United States of America or a resident for tax purposes of the United States of America;

2. passport or other official identification document, according to which the nationality of the holder of the account is in a country other than the United States of America;

3. a copy of the certificate of loss of nationality of the United States of America to the holder of the account or explanation:

(a)) the reason that the holder of the account has no such certificate despite the refusal of citizenship of the United States of America, or

(b)) the reason the account holder has not acquired the citizenship of the United States at birth.

Strengthened procedures for review of existing accounts to an individual of great value

Art. 142. (1) for the identification of an existing account to an individual account that is of great value, apply the following strengthened procedures:

1. the providing information a financial institution review the electronic records kept by it for any of the indications referred to in art. 142, para. 1, item 2;

2. the providing information a financial institution review the existing file on the client in paper form and the following documents collected over the past five years, for any of the indications referred to in art. 142, para. 1, item 2:

(a)) the last documentary evidence collected in connection with the account;

(b)) the last account opening agreement or other documentation;

in the latest documentation), collected in accordance with the procedures for implementing the measures against money laundering and the financing of terrorism, as defined in § 1 (a), item 50 of the additional provisions, hereinafter referred to as "AML procedures" or collected for other regulatory purposes;

d) existing proxy;

e) Acting Permanent instruction for transfer of funds, with the exception of the deposit account;

3. the providing information a financial institution may not review the client file on paper if it supported electronic records contain information about:

a) jurisdiction, on which the account holder is a resident for tax purposes;

b) current residential address and mailing address of the holder of the account;

in the principal's) telephone number of the account, if any;

d) permanent instructions for transfer of funds from account to another account, with the exception of instructions on the deposit account;

(e) the postal address) with the indication "attention" or "on demand" for the holder of the account;

is a proxy account);

4. the providing information a financial institution should be considered any account of great value (including any financial accounts, which are summed up with this account of great value) as the account information, if the liaison officer with the client knows that the account holder is the person to whom you provide information.


(2) where, on application of the reinforced procedures the providing information a financial institution does not find an indication under art. 142, para. 1, item 2 and did not show that the account was held by a person who provides information, it does not take further action until there is a change in the circumstances which lead to the emergence of an indication relating to the account.

(3) where, on application of the reinforced procedures the providing information a financial institution detects an indication under art. 142, para. 1.2 c "and"-"e" or there is a subsequent change in circumstances, as a result of which one or more indications associated with the Bill, the Bill provides information in respect of each participating jurisdiction, for which it was established, except when applied to art. 142 (h).

(4) where, on application of the reinforced procedures the providing information a financial institution detects only the indication under art. 142, para. 1, paragraph 2, letter "e", it should get a statement or documentary evidence from the holder of the account to determine where he is resident for tax purposes. If such a statement or documentary evidence not be received, the account is considered an undocumented account, and it provides information to the Executive Director of the National Revenue Agency.

(5) the providing of information a financial institution applies the enhanced procedures to the account, which was not the account of great value, but it's one towards the end of the next calendar year, within six months from the end of the calendar year in which the Bill has become of great value account. Account information is available for the year in which the identified as account information, as well as for subsequent years, unless the account holder ceases to be a person for providing information.

(6) where a financial institution providing information apply to account of procedures reinforced great value, these procedures may not be applied again each year, with the exception of verification by the liaison officer with the client account at al. 5. If the account is undocumented, the providing of information a financial institution should apply the enhanced procedures in each subsequent year until the account ceases to be undocumented.

(7) upon a change in circumstances with respect to the account of great value, which leads to the appearance of one or more of the indications referred to in art. 142, para. 1, item 2, the providing of information a financial institution considered account for account information, in respect of each participating jurisdiction, for which it was established, except when applied to art. 142 (h).

(8) the providing of information a financial institution have to apply such procedures to allow the employee to contact the client to determine any change in the circumstances in respect of the account.

Existing accounts of the individual for which do not perform due diligence

Art. 142 HP. (1) for the purpose of supplying information agreement FATCA financial institution may not perform due diligence and does not provide information on the following existing accounts of physical persons:

1. an existing account to an individual with availability or value not exceeding the equivalent in LEVs of 50,000 u.s. dollars to 30 June 2014;

2. an insurance contract with a surrender value or anûiteten contract with availability or value equal to or less than the equivalent in LEVs of 250 000 USD to 30 June 2014;

3. deposit account with stock, equal to or less than the equivalent in LEVs of 50,000 u.s. dollars to 30 June 2014.

(2) paragraph 1 shall apply to all or to a particular group of accounts.

Due diligence on new accounts of individuals

Art. 142 l. (1) when opening a new account of a natural person supplying information a financial institution must obtain a declaration, which may be part of the documentation for opening of the account, on the basis of which to determine where the account holder is a resident for tax purposes, as well as to confirm the veracity of this statement on the basis of the information received at the opening of the account including any documentation collected in accordance with AML procedures.

(2) for the purpose of supplying information agreement FATCA financial institution may not perform due diligence and does not provide information about the following new accounts of physical persons:

1. deposit account with stock, less than the equivalent in LEVs of 50,000 u.s. dollars, at the end of each calendar year;

2. an insurance contract with the surrender value if otkupnata value does not exceed the equivalent in LEVs of 50,000 u.s. dollars at the end of each calendar year.

(3) the providing of information a financial institution have to apply customer due diligence procedures under para. 1 to 90 days after the end of the calendar year in which the account is no longer satisfies the conditions laid down in para. 2.

(4) paragraph 2 shall apply to all or to a particular group of accounts.

(5) If the Declaration referred to in para. 1 it is established that the account holder is a resident for tax purposes in a participating jurisdiction, the providing of information a financial institution considered account for account information.

(6) a citizen of the United States of America is considered to be resident for tax purposes in the United States of America, even if it is resident for tax purposes and of another jurisdiction.


(7) if there is a change in circumstances with regard to a new account of a natural person and the providing of information a financial institution knows or has reason to know that the original declaration is incorrect or unreliable, the providing of information a financial institution may not use the initial declaration and must obtain a valid declaration from which to identify where the account holder is a resident for tax purposes. If the providing information a financial institution did not receive a valid declaration, it considers the Bill as account, provide information to the United States of America.

Subsection IV

Due diligence on the accounts of entities

Existing accounts of entities that do not perform due diligence

Art. 142 m. (1) Supplying information a financial institution may not perform due diligence and does not provide information about existing accounts of the entity with total availability or value on 31 December 2015, which shall not exceed the equivalent in LEVs of 250 000 USD.

(2) for the purposes of the agreement or the FATCA total stock value of the accounts referred to in para. 1 is fixed at 30 June 2014.

(3) paragraphs 1 and 2 shall apply to all or to a particular group of accounts.

(4) When the total value of the stock or an existing account of the entity exceed the equivalent in LEVs of 250 000 USD as of the last day of the next calendar year, the providing of information a financial institution perform due diligence by the procedure of art. 142.

(5) for the purposes of the agreement or the FATCA total stock value under para. 4 shall not exceed the equivalent in LEVs of 1 0000 0000 USD.

Due diligence on existing accounts of entities

Art. 142. (1) the providing of information a financial institution must determine whether an existing account of the entity, which is not applied to art. 142 m, al. 1 and 2, is held by one or more entities are persons who provide information, or passive non-financial entity with one or more controlling persons are persons who provide information, applying the procedures referred to in paragraph 1. 2 and 3.

(2) in determining whether an entity is a person to whom information is provided:

1. the providing information a financial institution review the information maintained for regulatory purposes, or to contact the client (including the information gathered pursuant to AML procedures) to determine the jurisdiction of which the account holder is a resident for tax purposes;

2. If the account holder in accordance with the information is resident for tax purposes in a participating jurisdiction, the providing of information a financial institution considered the account as account information unless you obtain a declaration by the holder of the account or on the basis of the information available or that is publicly available, determine that the account holder is not a person to whom information is provided.

(3) in determining whether an entity is a passive non-financial entity with one or more controlling persons are persons who provide information:

1. the providing information a financial institution should determine whether the holder of the account (including an entity that is a person to whom information is given) is a passive non-financial entity with one or more controlling persons are persons who provide information, on the basis of the following checks:

(a) supplying information) financial institution must obtain a declaration by the holder of the account to determine whether passive non-financial entity, unless on the basis of the information available or that is publicly available, determine that the account holder is an active non-financial entity and is not a financial institution under § 1A, item 47 (b) of the additional provisions of the non-participating jurisdiction; When transmitting information a financial institution cannot reasonably determine whether the holder of the account is active non-financial entity, assumes that it is a passive non-financial entity;

(b)) the providing information a financial institution may use the information collected and maintained in accordance with AML procedures, to determine the controlling persons of the account holder;

in) in order to determine whether a controlling person of the passive non-financial entity is a person who provides information, transmitting information a financial institution uses one of the following means:

AA) information collected and maintained in accordance with AML procedures, when the account is with total availability or value not exceeding the equivalent in LEVs of $ 1 0000 0000;

BB) Declaration by the holder of the account or the controlling person for the jurisdiction to which the controlling person is resident for tax purposes;

2. If one of the controlling persons of passive non-financial entity is a person who provides information, transmitting information a financial institution considered account for account information.

(4) Furnishing information a financial institution have to apply customer due diligence procedures under this article within six months from the end of the calendar year in which the account is no longer meets the conditions under art. 142 m.


(5) If there is a change in the circumstances in respect of an existing account of the entity as a result of which the providing information a financial institution knows or has reason to know that a declaration or other documentation relating to the account is incorrect or unreliable, the providing of information a financial institution determined again to the status of the account in accordance with this article.

Account holder – non-participating financial institution

Art. 142. o for the purpose of supplying information agreement FATCA financial institution must determine whether an existing account holder is the entity – non-financial institution, using the following procedures:

1. the providing information a financial institution must examine the information collected for regulatory purposes, or to contact the customers (including information collected pursuant to AML procedures) to determine if the account holder is a financial institution;

2. the providing information a financial institution should check the global firm identification number of the financial institution in the list published by the Internal Revenue Service of the United States of America, or other information that is publicly available or accessible, to determine if the account holder is a Bulgarian financial institution, a financial institution of peer jurisdiction or foreign financial institution that is not considered to be a non-participating financial institution; in this case, is not carried out subsequent due diligence and the provision of information in connection with the account;

3. in all other cases, the providing of information a financial institution must obtain a statement from the financial institution to determine its status and whether it should provide information on the total payment to the financial institution by the procedure of art. 142 c, para. 3;

4. If the account holder is a non-financial institution, including the Bulgarian financial institution or a financial institution of peer jurisdiction, which are considered by the Internal Revenue Service of the United States of America for a non-financial institution, the financial institution information provides information on total payments on the account in accordance with art. 142 c, para. 3.

Due diligence on new accounts of entities

Art. 142 p. (1) the providing of information a financial institution must determine whether a new account of the entity is held by one or more entities are persons who provide information, or passive non-financial entity with one or more controlling persons are persons who provide information, applying the procedures referred to in para. 2 and 3.

(2) in determining whether an entity is a person to whom information is provided:

1. when opening a new account of the entity supplying the information a financial institution must obtain a declaration, which may be part of the documentation for opening of the account, on the basis of which to determine the jurisdiction of which the account holder is a resident for tax purposes, as well as to confirm the veracity of this statement on the basis of the information received at the opening of the account including any documentation collected in accordance with AML procedures;

2. If an entity that is not a resident for tax purposes in any jurisdiction, the providing of information a financial institution uses the address of the Head Office of the entity to determine where it is resident for tax purposes;

3. If the Declaration stated that the account holder is a resident for tax purposes in a participating jurisdiction, the providing of information a financial institution considered the account as account information unless on the basis of the information available or that is publicly available, determine that the account holder is not a person to whom information is provided with regard to the participating jurisdiction.

(3) in determining whether an entity is a passive non-financial entity with one or more controlling persons are persons who provide information:

1. the providing information a financial institution should determine whether the holder of the account (including an entity that is a person to whom information is given) is a passive non-financial entity with one or more controlling persons are persons who provide information, on the basis of the following checks:

(a) supplying information) financial institution must obtain a declaration by the holder of the account to determine whether he is a passive non-financial entity, unless on the basis of information in its possession or that is publicly available, determine that the account holder is an active non-financial entity and is not a financial institution under § 1A, item 47 (b) of the additional provisions of the non-participating jurisdiction; When transmitting information a financial institution cannot reasonably determine whether the holder of the account is active non-financial entity, assumes that it is a passive non-financial entity;

(b)) the providing information a financial institution may use the information collected and maintained in accordance with AML procedures, to determine the controlling persons of the account holder;


in) in order to determine whether a controlling person of the passive non-financial entity is a person who provides information, transmitting information a financial institution uses a declaration by the holder of the account or from the controlling party;

2. If one of the controlling persons of passive non-financial entity is a person who provides information, transmitting information a financial institution considered account for account information.

(4) for the purpose of supplying information agreement FATCA financial institution must determine whether a new account of the entity is a non-financial institution with the account holder, using the following procedures:

1. the providing information a financial institution should check the global firm identification number of the financial institution in the list published by the Internal Revenue Service of the United States of America, or other information that is publicly available or accessible, to determine if the account holder is a Bulgarian financial institution or a financial institution of peer jurisdiction; in such a case should not be carried out further due diligence and the provision of information in connection with the account;

2. in all other cases, the providing of information a financial institution must obtain a statement from the financial institution to determine its status and whether it should provide information on the total payment to the financial institution by the procedure of art. 142 c, para. 3;

3. If the account holder is a non-financial institution, including the Bulgarian financial institution or a financial institution of peer jurisdiction considered by the Internal Revenue Service of the United States of America for a non-financial institution, the financial institution information provides information on total payments on the account in accordance with art. 142 c, para. 3.

(5) for the purpose of supplying information agreement FATCA financial institution may not perform due diligence and does not provide information on new accounts of entities that have credit card bills or contract for revolving credit, provided that the supplying of information a financial institution accepts the policies and procedures that do not allow the Bill to exceed the equivalent of $ 50,000.

(6) paragraph 5 shall apply to all or to a particular group of accounts.

Subsection V

Special rules for due diligence

Special rules for due diligence

Art. 142 b. (1) Supplying information a financial institution may not use statement or documentary evidence, if he knows or has reason to know that the statement or documentary evidence are false or unreliable.

(2) the providing of information a financial institution may not be considered an individual who receives compensation for death under an insurance contract with a surrender value or anûiteten contract and is different from marketing/zastrahovaŝiâ, as a person who provides information, unless he knows or has reason to know, that this person is a person to whom information is provided. The providing information a financial institution has reason to know that the individual is a person who provides information, if the information contains an indication referred to in art. 142, para. 1, item 2, as in this case, or when you know another reason, apply the procedures under art. 142 p.

(3) the providing of information a financial institution may not provide information on the group insurance contract with a surrender value or collective anûiteten agreement until the date on which the amount is payable to the insured employee or the beneficial owner if the following conditions are met:

1. the group insurance contract with a surrender value or group anûiteten a contract concluded with the employer as zastrahovaŝ and include 25 or more insured employees;

2. the insured employee is entitled to receive payment of the surrender value or contract associated with their participation, and to designate the persons entitled to the payment of compensation in case of death;

3. the amount to be charged to the insured employee or beneficial owner shall not exceed the equivalent in LEVs of 1 0000 0000 USD.

Rules for the aggregation of accounts and convert currencies

Art. 142 (1) Supplying information a financial institution shall apply the following rules for the aggregation of accounts and convert currencies:

1. for the determination of the total value of the stock or financial accounts with the account holder an individual financial institution supplying the information adds all financial accounts maintained by it or by a related entity, as far as the information system allows linking of accounts and aggregation;

2. to determine the total value of the stock or financial accounts with the account holder an entity supplying information a financial institution adds all financial accounts maintained by it or by a related entity, as far as the information system allows linking of accounts and aggregation;

3. for the determination of the total value of the stock or financial account and assessing whether it is of a great value the providing information a financial institution adds all financial accounts, for which the responsible employee to contact the customer is known or there is reason to be known to be directly or indirectly owned, controlled or designed (in quality other than fiduciar) on the same holder of the account;


4. for the purposes of the application of the requirements in this article to add to each holder of financial account holders with two or more persons applies all the availability or value in the financial account;

5. availability or the values of financial accounts in euro and another currency shall be recalculated in BGN and are added together, the result is recalculated in USD; the calculations under this subsection shall be carried out in the last published exchange rate of Bulgarian National Bank for the preceding calendar year.

(2) when opening a new account of a natural person or entity supplying the information a financial institution may use declaration by that person obtained by the procedure of art. 142 l and 142 p not more than three years, unless he knows or has reason to know that the statement is false or unreliable.

(3) for the purpose of supplying information agreement FATCA financial institution may use any alternative procedure provided for in annex I of the agreement, the FATCA or any definition, applicable pursuant to article 13. 4, al. 7 of FATCA agreement, provided that this does not hinder the objectives of this code, and after notification to the Executive Director of the National Revenue Agency.

Subsection VI

Collection of information

Opening new accounts

Art. 142 (1) when opening a new account with a declaration by the holder of the account the providing information a financial institution collects data to allow it to carry out due diligence procedures and to determine whether the account holder is a person who provides information, as follows:

1. in respect of financial account holder with a natural person:

a) name;

b) residential address;

c) date and place of birth;

d) any jurisdiction in which the person is resident for tax purposes;

e) VAT registration number for each jurisdiction in which the person is resident for tax purposes;

is that citizenship) any person in possession;

(g)) an obligation for notification when a change in circumstances;

h) Declaration of responsibility for the incorrect data;

and notification) confirmation that the information under art. 142 b, para. 1 may be subject to automatic exchange of financial information;

k) date and signature of the person;

2. in respect of financial account holder – entity:

a) name;

b) address;

the tax identification number for each) jurisdiction, of which he is a resident for tax purposes;

d) any jurisdiction in which the person is resident for tax purposes;

(e) determining whether the entity) is definitely not American;

is determining whether the entity) is a financial institution and its status;

g) determining whether an entity is regularly traded on the spot for trading of securities, or entity is associated with such entity;

h) determining whether entity is a State, an international organisation or entity Central Bank;

and determining whether the entity) active or passive non-financial entity;

k) when the entity is a passive non-financial entity, the name, address, date and place of birth and the VAT registration number of each person, as well as controlling its functions;

l) an obligation for notification of a change in circumstances;

m) liability for false reporting data;

h) confirmation of the notification that the information referred to in art. 142 b, para. 1 may be subject to automatic exchange of financial information;

o) particulars of the person signing the Declaration on behalf of the entity;

p) date and signature.

(2) the providing of information a financial institution may use declaration under para. 1 and in the application of due diligence procedures for existing accounts.

(3) the Executive Director of the national revenue agency establishes a model for such a declaration under para. 1, which can be used by information providers financial institutions.

(4) compliance with the requirements under paragraph 1. 1 and 2 shall not relieve the financial institution from the fulfilment of the obligations under the law on measures against money laundering and the law on measures against financing of terrorism.

Subsection VII

Confidentiality of information and protection of personal data

Confidentiality of the information

Art. 142. (1) the information exchanged with the competent organs of the participating jurisdictions in accordance with art. 142 c, para. 5, is considered a tax and insurance information within the meaning of art. 72.

(2) the information received from the competent organs of the participating jurisdictions in accordance with art. 142 c, para. 5, may be used only:

1. for the purpose of establishing liability for taxes;

2. for the purposes of the establishment and collection of mandatory contributions, as well as to other public claims under art. 269 a, para. 1;

3. in the course of administrative and judicial proceedings in relation to the imposition of penalties for violation of tax legislation;

4. for any other purpose, other than those referred to in items 1 – 3 – where the competent authority of a participating jurisdiction, provided the information has enabled this and provided that participating jurisdiction information may be used for similar purposes.

(3) except in the cases referred to in paragraph 1. 2, item 3 and 4 the information may not be disclosed to third parties.

(4) the Executive Director of the National Revenue Agency shall determine the terms and conditions for access and use of information by the authorities and the staff of the Agency.

Protection of personal data

Art. 142. (1) for the purposes of the automatic exchange of financial information, as administrators of personal data records within the meaning of § 1, item 2 of the additional provisions of the law on personal data protection support:

1. the Executive Director of the National Revenue Agency;


2. information providers financial institutions.

(2) the processing of personal data for the purposes of the automatic exchange of financial information is made by automatic means in compliance with the data protection act and the international treaties to which the Republic of Bulgaria is a party.

(3) the Executive Director of the national revenue agency information providers and financial institutions take appropriate technical and organisational measures to protect Dan s within the meaning of art. 23, para. 1 of the law on the protection of personal data, as well as the time limits for carrying out periodic reviews on the accuracy, adequacy and relevance of the data in relation to the purposes for which they were collected.

(4) the processing of personal data in the automatic exchange of financial information shall be carried out by the Executive Director of the national revenue agency information providers and financial institutions in accordance with the requirements of the Ordinance under art. 23, para. 5 of the law on the protection of personal data.

(5) before the provision of the information referred to in art. 142 b, para. 1 of the Executive Director of the national revenue agency information providers financial institutions inform affected individuals of the automated processing of data and provide them with the information under art. 19, para. 1 of the law on the protection of personal data.

(6) in accordance with the data protection act any natural person processes information under art. 142 b, para. 1, has a right of access, rectification, erasure or blocking of personal data about him, and to request the Executive Director of the National Revenue Agency to be notified participating jurisdictions that have been disclosed his personal data any committed correction or deletion, blocking, except where this is impossible or involves a disproportionate effort.

(7) data controllers under para. 1 refuse access to personal data processed for the purpose of automatic exchange of financial information in the cases under art. 34 of the law on the protection of personal data.

(8) the Executive Director of the National Revenue Agency provides data under art. 142 b, para. 1 the participating jurisdictions, subject to the requirements of Chapter vi of the law on the protection of personal data.

(9) the Commission for the protection of personal data carried out protection of individuals with regard to the processing of their personal data for the purposes of the automatic exchange of financial information in the implementation of access to such data, as well as the monitoring of compliance with the data protection act. In carrying out the inspection powers data controllers under para. 1 are obliged to assist the Commission for the protection of personal data in the exercise of its powers under the law for the protection of personal data.

(10) the Executive Director of the national revenue agency information providers and financial institutions shall inform any individual for which information is exchanged under art. 142 b, para. 1, for any breach of security in relation to its data when the infringement can adversely affect the protection of personal data or his personal life.

Subsection VIII

Rules for effective implementation

Anti-circumvention rules carrying out due diligence

Art. 142 x. (1) a financial institution providing information and/or any other person should not enter into transactions and/or implement practices designed to circumvent the conduct of due diligence and the provision of information in accordance with this section.

(2) if the information a financial institution or other person deal and/or if you apply the practices under para. 1, for the purposes of carrying out due diligence and the provision of information in accordance with this code, these transactions and/or practices shall not be taken into consideration.

(3) the providing of information a financial institution and/or the holder of the account does not have to carry out actions aimed at reducing the availability or amount to the account at the end of the calendar year, provided that such acts are carried out solely to take advantage of the exemptions under art. 142 k, al. 1, art. 142 l, al. 2, art. 142 m, al. 1 and 2 and art. 142 pp, al. 5. in the event that such acts be committed, they shall not be taken into account by supplying the information a financial institution.

Storage of information

Art. 142. (1) the providing of information a financial institution stores the information under art. 142 b, para. 1, information on the action taken to due diligence, as well as any declaration, documentary evidence or document to establish the status of the holder of the account.

(2) the providing of information a financial institution stores the information under para. 1 for not less than five years after the end of the calendar year in which the account is closed.

Review of information and nepredostavâŝite financial institutions accounts excluded

Art. 142 h. the Executive Director of the national revenue agency review of the financial institutions and information nepredostavâŝite of excluded accounts included in the list under art. 142 (d), para. 1, provided by the European Commission under art. 142 (d), para. 2, every three years.

Consequences of refusal to provide a statement and/or dokumentalnidokazatelstva


Art. 142. (1) the providing of information a financial institution does not detect a new account of the person who refuses to grant a Declaration and/or documentary evidence and this leads to a failure the providing information a financial institution to meet its obligations to carry out due diligence and the provision of information in accordance with this section.

(2) the providing of information a financial institution may eclipse the financial account if the account holder refuses to grant statement or documentary evidence and this leads to a failure the providing information a financial institution to meet its obligations to carry out due diligence and the provision of information in accordance with this code.

(3) the providing of information a financial institution does not create or modify its information system in a manner that does not permit the linking of financial accounts of one account holder maintained by it or by a related entity.

Quality control of the information

Art. 142. The Executive Director of the National Revenue Agency periodically analyse and control the quality of the information provided and shall issue compulsory requirements of information providers financial institutions. "

§ 17. In art. 143 (d), para. 3, after the words "predefined information" insert "for the nationals of that Member State".

§ 18. In art. 143 h, para. 2, the words "or wishing to receive information only for income, the amount of which exceeds a certain threshold" shall be deleted.

§ 19. In art. 156, para. 5, the words "District Court" shall be replaced by "Administrative Court".

§ 20. In art. 161, para. 1 third sentence shall be replaced by the following: "the administration instead of remuneration for a lawyer is awarded for each instance ûriskonsultsko remuneration in the amount of the minimum salary for a lawyer."

§ 21. In art. 169 the following endorsements are added:

1. a para. 3A:

"(3A) until their application for compulsory collection of the type of obligations, established by municipalities shall be discharged by the order of their occurrence, and when you refer to the same year, the person has the right to declare which of them extinguished."

2. in the Al. 8 after the figure "3" 3 "is inserted.

§ 22. In art. 171, para. 2 Finally a comma and add "or execution is suspended at the request of the debtor".

§ 23. In art. 173 following amendments and supplements shall be made:

1. The current text becomes paragraph 1.

2. a para. 2:

"(2) the claims shall be written off officially with the expiry of the time limit under art. 171, para. 2. "

§ 24. In art. 178, para. 3, after the words "the period for voluntary payment" the comma and the words "as art is not applied. 182, para. 1 ' shall be deleted.

§ 25. In art. 182 is hereby amended as follows:

1. in the title, the word "invitation" is replaced by "Action".

2. paragraph 1 shall be repealed.

3. Paragraph 2 shall be replaced by the following:

"(2) If the obligation has not been fulfilled in the legal withdrawal period before being taken to the enforced collection, the authority established the claim authority, respectively, of the National Revenue Agency, may:

1. to notify the debtor in writing, by phone, by visiting the site, with an e-mail message to the e-mail address indicated by him and/or in some other appropriate manner on the consequences and possible actions in the collection of the claim, in the event that it fails to comply with a voluntary defined obligations;

2. If the obligation is greater than EUR 5000. and is delivered security of principal and interest, to notify all the authorities which, by virtue of regulations issue licences or authorisations to carry out certain activities which require certification of public duties. "

4. in the Al. 3 in the text before point 1, the words "the authority under para. 1 "shall be replaced by" the authority established the claim "and a comma.

5. Paragraph 6 is hereby repealed.

§ 26. In art. 184, para. 2 the first sentence shall be replaced by the following: "Beyond the cases under para. 1 permission for deferring or rescheduling shall be issued by the head of the Administration, whose authority has established the obligation – obligation to 300, 000. and provided that the deferral or deferment is requested within two years from the date of issue of the authorization. "

§ 27. In art. 191, para. 7 Item 3 shall be repealed.

§ 28. In art. 201, para. 5, first sentence, the word "municipality" shall be replaced by ' the relevant regional Directorate for agriculture.

§ 29. Art is created. 202A:

"Electronic attachment of account at a bank in making art. 202. (1) an electronic attachment of the debtor of the receivable account in a bank having a public contractor, under the conditions and by the procedure of art. 450 (a) of the code of civil procedure.

(2) for the collection of public revenue the State and the municipalities are exempt from payment of fees and other charges for access to the single environment for exchanging electronic liens under art. 450 (a) of the code of civil procedure. "

§ 30. In art. 203 al. 8 shall be amended as follows:

"(8) the distress on the share of the company having by sending a distress message to the registry Agency. The distress shall be entered on the order for registration of the bet on the share of the company and has the action of its registration. The registry Agency shall inform the company about the inscribed attachment. "

§ 31. In art. 205 is hereby amended as follows:

1. In paragraph 8. 1, first sentence, the words "or vessel" shall be deleted.

2. paragraph 2 is replaced by the following:


"(2) the foreclosure on a ship is carried out through the entry of the decree in the relevant registers of the vessels in the Executive Agency" maritime administration ". The record Executive Agency "maritime administration" sends a message to the debtor. The transfer of ownership, establishment and transfer of property rights and the establishment of the encumbrances on ship carried out after receipt of the order for foreclosure, shall not have effect in relation to the public creditor. "

§ 32. In art. 219, para. 1, paragraph 2 the word "Republican" is replaced by "the State".

§ 33. In art. 220 al. 1 shall be amended as follows:

(1) When making public not be paid on time, enforcement proceedings are initiated on the basis of an application by electronic means to the public performer by the public creditor. "

§ 34. In art. 221 the following modifications are made:

1. In paragraph 8. 1, the words "within 7 days of receipt of the invitation under art. 182, para. 1 "shall be replaced by" within ".

2. paragraph 6 is replaced by the following:

"(6) in cases where the measures under art. 182, para. 2, item 2, and para. 4 are taken by the appropriate authority and if the debt is over $ 5000. and is not presented in the amount of the guarantee capital and interest, the public performer may notify the bodies which, by virtue of regulations issue licences or authorisations to carry out certain activities which require verification of liabilities to the State. "

3. Paragraph 7 is hereby repealed.

§ 35. Art is created. 222:

"Stopping in special cases

Art. 222. (1) for the disposal of public contractor enforcement stops, like being charged interest for the duration of the stay in case after determining the manner of sale to the date of conducting the auction with bidding, apparently according to the expiry of the time limit for the submission of proposals for a debtor file a 20 per cent of the amount of the claim in writing and undertakes to submit to the authority for enforcement each month in 20 per cent of them. The introduction of the amounts shall be deemed to have been effected with his coverage of the account in question.

(2) when the debtor does not pay any of the contributions referred to in paragraph 1. 1, public artist resume execution, without the debtor may want new staging.

(3) paragraph 1 shall not apply where the bet is sold or mortgaged property, as well as in respect of legal persons or sole traders, for which a decision has been taken to end with the liquidation or bankruptcy proceedings have been instituted. "

§ 36. In art. 234 Al is created. 6:

"(6) in case of the reason for the seizure and, in the event that, within three months of notification, the debtor does not pick up belongings seized, they are considered to be abandoned in favour of the State. In these cases the public performer issued Decree. "

§ 37. In art. 235 following amendments and supplements shall be made:

1. In paragraph 8. 1:

a) the second sentence shall be replaced by the following: ", if necessary, for the evaluation can be attracted to an assessor, entered in the register of the Chamber of independent evaluators in Bulgaria.";

(b) the third sentence shall be inserted): "When there is no registry expert from the field or he can't or refuse to carry out the assessment, may be attracted to another person of the profession or field."

2. in the Al. 2, after the word "score" is added "which may not be less than that specified by the person".

3. Al are created. 4 and 5:

"(4) paragraph 3 shall not apply under the new sale by the order of art. 250, para. 4 or art. 254, para. 10.

(5) the final evaluation is not subject to appeal. "

§ 38. Article 236 is hereby repealed.

§ 39. In art. 238, para. 5 number "500" is replaced by "5000".

§ 40. In art. 240, para. 2 the second sentence shall be replaced by the following: "If, after covering expenses, capital and interest there is a residue, apply art. 255. "

§ 41. In art. 241, para. 1 the words "and 236" shall be deleted.

§ 42. In art. 242 following amendments and supplements shall be made:

1. In paragraph 8. 2 Finally a comma and add "or through an auction.

2. Paragraph 3 shall be amended as follows:

"(3) the sale of goods can be done through the stock exchanges or market-places for them in the rules established for not more than one month from the initial offering of the Exchange or auction or by tender."

3. in the Al. 4 Add "or through the exchange offices.

§ 43. In art. 243 para. 4 shall be amended as follows:

"(4) the communication be disclosed and by putting it on the places where the examination is to be carried out or the sale, and shall be published on the website of the National Revenue Agency."

§ 44. In art. 244 following amendments and supplements shall be made:

1. In paragraph 8. 1 the figure "500" is replaced by "5000".

2. in the Al. 2 the words "exchanges, markets and" are deleted.

3. Paragraph 3 is replaced by the following:

"(3) the sale by shops is made by established rules for them."

4. a para. 4:

"(4) Property under para. 1 can sell and electronically in order determined by the Executive Director of the National Revenue Agency. "

§ 45. In art. 245 is amended as follows:

1. In paragraph 8. 1 the words "90 per cent" shall be replaced by "75 percent".

2. in the Al. 2 the words "80 per cent" shall be replaced by "50%".

3. Paragraph 3 is repealed.

4. in the Al. 4 digit ' 9 ' is replaced by ' 6 ".

§ 46. In art. 247, para. 4, after the words "IDs" comma, add "referred to an electronic address and bank account in the cases specified by law to return the paid deposit" and a comma.

§ 47. In art. 249 following amendments and supplements shall be made:

1. In paragraph 8. 2 the first sentence, add "of the email address indicated by him", and in the second sentence, add "after the expiry of a period of three months from the date of the auction.

2. a new paragraph. 3:


(3) Electronic message under para. 2 is considered to be served with the expiry of the three-day period of sending. "

3. The current paragraph. 3 it al. 4.

4. a para. 5:

(5) after the payment of the price by a participant, named for the buyer paid a deposit shall be returned to the bidders that have not been announced for buyers. If, within three months from the date of holding the auction price is not paid by the participant, named for the buyer, any bidder who is not named the buyer may withdraw your deposit. "

5. The current paragraph. 4 it al. 6 and in her words "para. 2 and 3 ' shall be replaced by "para. 2 and 4.

§ 48. In art. 250 following amendments and supplements shall be made:

1. Paragraph 2 shall be replaced by the following:

"(2) the selling price of the property of the new auction is set at 75 per cent of the original tender price of the previous auction. The next auction of the property selling price shall be set at 50 per cent of the original tender price. "

2. in the Al. 4 Finally adds "or schedule a new sale.

§ 49. In art. 251 the following modifications are made:

1. In paragraph 8. 2, second sentence, the words "the name, address, identification number" shall be replaced by "name/name, address, a single identification code assigned by the registry Agency, unified identification code BULSAT".

2. in the Al. 3, item 1 the words "and certificate of good standing" are replaced by "for correspondence, email address and a bank account in the cases specified by law to return the paid deposit."

§ 50. In art. 254 following amendments and supplements shall be made:

1. In paragraph 8. 2 the first sentence shall be replaced by the following: "after the expiry of the time limit referred to in paragraph 1. 1 the public performer declared buyer participants, suggest the next highest price, such as sending an e-mail message to the e-mail address specified by him. "

2. a new paragraph. 3:

(3) Electronic message under para. 2 is considered to be served with the expiry of the three-day period of sending. "

3. The current paragraph. 3 it al. 4 and finally, added "after the expiry of a period of three months from the date of the auction.

4. The current paragraph. 4 it al. 5.

5. a new paragraph. 6:

(6) after the payment of the price by a participant, named for the buyer paid a deposit shall be returned to the bidders that have not been announced for buyers. If, within three months from the date of holding the auction price is not paid by the participant, named for the buyer, any bidder who is not named the buyer may withdraw your deposit. "

6. The current paragraph. 5 it al. 7.

7. The current paragraph. 6 it al. 8 and shall be amended as follows:

(8) the selling price of the property of the new auction is set at 75 per cent of the initial tender price of the previous auction. The next auction, the selling price shall be set at 50 per cent of the initial sale price. "

8. The current paragraph. 7 it al. 9 and is replaced by the following:

"(9) where, after the last auction the property is not sold, at the request of the public creditor it is assigned at a price 50 percent from the original tender price. When the public creditors, made a request for the award, have more than one property is assigned to the creditor with the largest claims. The clearance of the accounts between the claimants is carried out by public artist with subsequent performances on the property of the debtor. "

9. The current paragraph. 8 it al. 10 and shall be amended as follows:

"(10) When the property is not assigned in the cases referred to in para. 9, it shall be released from the performance or schedule new sale. "

§ 51. In art. 258 al. 5 shall be amended as follows:

"(5) the assessment of the property shall be notified and the s″sobstvenika nedl″žnik."

§ 52. The fifth chapter in title, twenty-eighth article is created. 278:

"Failure in the automatic exchange of financial information in the field of taxation

Art. 278. (1) in providing information a financial institution that does not provide the information as per art. 142 b, para. 1 within the time limit under art. 142 c, para. 1 or provide false information is punishable by a penalty of up to $ 250. for each financial account. In the event of a violation the penalty is a penalty payment of up to $ 500. for each financial account.

(2) providing information a financial institution, which open a new account without the necessary declarations and gathered documentary evidence, provided for in the procedures for due diligence, is punished with a penalty of up to $ 1000. for each financial account.

(3) providing information a financial institution, which does not store information under art. 142 c, para. 1, is punished with a penalty of up to $ 2,000.

(4) the holder of the account, who pointed out incorrect data and circumstances in the declaration provided for in this code, in order to establish its status of a person who provides information, is punishable by a fine or penalty payment of up to $ 1000 if not subject to more severe punishment. In this case, the providing of information a financial institution shall not be liable under paragraph 1. 1.

(5) the providing of information a financial institution which violated the rules of art. 142 s, al. shall be punished with a penalty of up to $ 2,000. "

§ 53. In the additional provisions the following amendments and additions:

1. a paragraph 1 (a):

"§ 1 (a). Within the meaning of Chapter sixteen: section Iiia

1. Providing information a financial institution "means any Bulgarian financial institution that is not a financial institution not providing information.

2. "financial institution" means:

a) each financial institution that was resident for tax purposes in the Republic of Bulgaria, with the exception of any branch of a financial institution, which is located outside the country;

(b)) every branch of financial institution that is not a resident for tax purposes in the Republic of Bulgaria if this branch is located in the country.


3. "financial institution" means an institution, trustee, depository institution or designated entity investment insurance company. Financial institution is resident for tax purposes, if a financial institution falls under the jurisdiction of the State and it has the right to impose on the financial institution's obligation to provide information. It is considered that a trust that is a financial institution (whether it is resident for tax purposes in the country), falls under the jurisdiction of a State, if one or more of the Trustees are residents of that State, unless the Trust provides all information on this code of another State, as is its resident for tax purposes. It is considered that the financial institution (other than a trust) who is resident for tax purposes (as is transparent fiscal or falls under the jurisdiction, which does not provide for income tax), falls under the jurisdiction of a Member State, when:

a) was established under the legislation of that State;

(b)) has a place of management (including the management actually) in that State, or

c) shall be subject to financial supervision in that country.

4. the "Trusteeship institution" means any entity that holds as an essential part of his business assets to a foreign financial account. An entity holding the financial assets for hire or reward as an essential part of its business activities, if the entity's gross income from financial assets held and related financial services is equal to or exceeds 20 percent of the gross income of the entity over the shorter of the following two periods:

a) three-year period ending on 31 December preceding the year in which the designation is being made;

(b)) the period over which the entity existed.

5. "Depositary institution" means any entity that accepts deposits in the framework of the normal carrying out of a bank or similar economic activity.

6. ' Investment entity "means any entity:

(a)) which operates primarily as a business one or more of the following activities or operations on behalf and for the account of the client:

AA) trading money market instruments (cheques, bills, certificates of deposit and other) and derivatives; foreign exchange trading tools, representing the Exchange operations, and tools related to interest rates and indices; trade in transferable securities or commodity futures;

BB) management of portfolios of individual customers or collective investment schemes or other collective investment undertakings;

BB) another form of investing, administering or managing financial assets or money on behalf of others;

b) gross income of which is due primarily to the investing, reinvesting or trading in financial assets, if the entity is controlled by another entity, which is a depository institution, Trusteeship institution, certain insurance company or investment entity described in subparagraph (a).

An entity primarily performed as a business one or more of the activities referred to in paragraph (a), or the entity's gross income was due primarily to the investing, reinvesting or trading in financial assets for the purposes of point (b), if the gross income of the entity arising from the activities is equal to or exceeds 50 per cent of the gross income of the entity over the shorter of the following two periods : the three-year period ending on 31 December of the year preceding the year in which the determination is made, or the period during which the entity existed.

The term "investment entity" does not include entities that are active non-financial entities that meet one of the criteria in paragraph 48, the letters "g", "g". This item shall be interpreted in accordance with the similar wording of the definition of "financial institution" in the recommendations of the financial action task force against money laundering (FATF).

7. "financial asset" includes:

a) securities such as shares or shares in the company; clubbing or actual ownership held by a wide range of individuals or publicly traded partnerships, or trusts; debt securities, secured or unsecured bonds or other evidence of the existence of the duty;

(b)) share in the partnership, commodities, swaps, interest rate swap, currency swap, swap, rate base, interest rate ceiling below, swap, swap on goods on participating securities swap on equity indices and similar agreements;

in an insurance contract) or anûiteten;

d) any interests, including futures or forward contract or option, securities, share in the partnership, commodity or commodity derivative swap on an insurance contract or contract anûiteten;

e) for the purposes of the agreement includes financial asset FATCA and financial instrument or contract for the purpose of investment, such as currency or stock transaction, credit default swap, swap, based on non-financial index, a contract with a notional principal, or other derivative instruments.

Financial asset does not include direct ownership in real estate, non-debt.

8. "a certain insurance company" means any entity which is an insurer (or holding of an insurance company), which issued or is required to make payments under an insurance contract with a surrender value or anûiteten contract.

9. "financial institution of a participating jurisdiction" is:


a financial institution) that is resident for tax purposes in a participating jurisdiction, with the exception of a branch of a financial institution located outside the participating jurisdiction;

(b)) a branch of a financial institution that is not a resident for tax purposes in a participating jurisdiction, which is located in a participating jurisdiction.

10. "financial institution of peer jurisdiction" is:

a financial institution) that is resident for tax purposes of the affiliate's jurisdiction, with the exception of a branch of the financial institution, which is located outside the peer jurisdiction;

(b)) a branch of a financial institution that is not a resident for tax purposes of the affiliate's jurisdiction, which is located in peer jurisdiction.

11. "non-participating financial institution" shall mean a financial institution under art. 1, al. 1, letter "p" of the FATCA agreement.

12. "not providing information a financial institution" means any financial institution that is:

a Government entity), an international organisation or the Central Bank, except in the case of payment arising from an obligation in connection with trade financing activities of the kind carried out by a certain insurance company, depository institution or trustee institution;

b) retirement fund with broad participation, retirement fund with close involvement, the Pension Fund of the State-owned entity, an international organisation or a Central Bank, or credit card issuer released;

in any other entity) with low risk to be used for the diversion of tax with characteristics similar to any of the entities described in letters "a" and "b", and which is included in the list of nepredostavâŝite information financial institutions referred to in art. 142 (d), para. 1, provided that the entity's status as not providing information a financial institution shall not prevent the achievement of the objectives of this code;

d) exempted undertaking for collective investment;

(e) as far as the trustee trust) is providing information a financial institution that provides all of the information in accordance with obligations under art. 142 (b) in respect of all the accounts of the trust to which it provides information;

f) for the purposes of FATCA agreement – a Bulgarian financial institution or other entity that is a resident of the Republic of Bulgaria, described in annex II of the agreement as not providing information FATCA Bulgarian financial institution.

13. "Public entity" means the Government of the Republic of Bulgaria, a Member State of the European Union or other jurisdiction, any administrative units and/or political subdivisions of the Republic of Bulgaria, a Member State or any other jurisdiction (State, province, County or municipality) or any State agency or institution of the Republic of Bulgaria, a Member State or any other jurisdiction. This concept includes the component parts under item 14, controlled entities under item 15 and administrative units and/or political subdivisions of the Republic of Bulgaria, a Member State or any other jurisdiction.

14. the "components" of the Republic of Bulgaria, a Member State or another jurisdiction means any person, organization, agency, Bureau, Office, Fund or any other body regardless of how it is created, representing the authority of a public authority. The net revenue of the authority of public authority must be credited on his own account or other accounts of the Republic of Bulgaria, the Member State or another jurisdiction, without any part of them to be used for the benefit of private-law entities. Component part shall not include a person who is sovereign, official or Manager and acting in a personal capacity.

15. "the controlled entity is an entity of the Republic of Bulgaria, a Member State or any other jurisdiction, which is a private entity and which satisfies the following conditions:

a) the entity is owned and controlled entirely by one or more governmental entities either directly or through one or more controlled entities;

(b)) of the entity's net income shall be credited to his own account or the accounts of one or more governmental entities, without any part of them to be used for the benefit of private-law entities;

c) in the event of termination of the entity's assets are transferred to one or more government entities.

Not believing that the income is used for the benefit of individuals, if they are beneficiaries of State programs and the actions of the programme shall be implemented in the public benefit in order to create public goods or if they are related to the administration of the stage of management. Notwithstanding the above, it is assumed that income shall be used for the benefit of private-law entities, if it arises from the use of a public entity to carry out the commercial activity, such as commercial banking activities, which provide financial services.

16. "international organisation" means any organisation or wholly owned by her agency or institution. This category includes any intergovernmental organisation, including supranational organization which consists mainly of Governments, there is an agreement in force with the Republic of Bulgaria for the Office or an agreement which has largely been of a similar nature, and whose income is not used for the benefit of private-law entities.


17. "Central Bank" is an institution of the Republic of Bulgaria, a Member State or any other jurisdiction, which under the law or Government Act is the primary body that issues tools, designed to be in circulation in the form of currency, including when it is a private entity by the Government of the State, whether it is wholly or partly owned by the Republic of Bulgaria, a Member State or any other jurisdiction.

18. "pension fund with broad participation" is a fund set up for the purpose of payment of benefits for retirement, disability or death, or any combination of these events of beneficiaries who are current or former employees, or persons designated by such officials of one or more employers in return for services rendered, provided that the Fund:

(a) a beneficiary who) would not hold more than 5 percent of the Fund's assets;

(b)) shall be subject to government regulation and provide information to the National Revenue Agency, and

c) meets one of the following conditions:

AA) the Fund is exempt from taxation on investment income or the taxation of such income is deferred or performed at a reduced rate in relation to the status of the Fund as a pension scheme;

BB) the Fund receives at least 50 percent of the total contributions from participating employers, with the exception of asset transfers from other pension funds designated as such under this code, or from retirement accounts, described in item 39 (a);

BB) distributions or withdrawals from the Fund shall be authorised only on the occurrence of certain events related to retirement, disability or death (with the exception of distributions with transfers to other pension funds designated as such under this code, or retirement accounts, described in recital 39), such as in the case of distributions or withdrawals before the occurrence of such events have a penalty;

yy) contributions, except for authorized navaksvaŝi contributions of employees of the Fund are restricted to the resulting from employee income or may not exceed the equivalent in LEVs per year of $ 50,000, by applying the rules of art. 142 with sum accounts.

19. "pension fund with close participation" is a fund set up for the purpose of payment of benefits for retirement, disability or death of beneficiaries who are current or former employees, or persons designated by such employees of one or more employers in return for services rendered, and satisfies the following conditions:

(a) shall be provided to the Fund) less than 50 persons;

(b)) in the Fund involved one or more employers who are not investing entities or passive non-financial entities;

in the employee) contributions and the employer in the Fund, except for transfers of assets in retirement accounts, described in paragraph 39, subparagraph (a) are limited to the resulting from the employee's income and compensation;

d) participants who are not residents of the Republic of Bulgaria, are not entitled to more than 20 percent of the Fund's assets;

(e)) the Fund shall be subject to government regulation and provides information to the National Revenue Agency.

20. "Pension Fund of the State-owned entity, an international organization or Central Bank" is a fund set up by a Government entity, an international organisation or the Central Bank for the payment of benefits under the retirement, disability or death of the beneficiaries or participants who are current or former employees or persons designated by them, or who are not current or former employees, if the benefits of such beneficiaries or participants are provided for personal services rendered in favor of the Government entity International Organization, or the Central Bank.

21. "Released label credit card" is a financial institution that meets the following conditions:

a financial institution) is considered as such only because of this, it is the Publisher of credit card payment receiving over the availability on the map and that the overpayment be forfeited forthwith to the client;

(b)) at 1 January 2016, the financial institution shall apply the policies and procedures that do not allow the client to perform the equivalent in LEVs overpayment of over $ 50,000, or ensure that any overpayment from a customer that exceeds this amount shall be refunded to the customer within 60 days and in any case shall apply the rules of art. 142 with sum accounts. For this purpose the client overpayment shall not apply to credit availability for disputed transactions, but includes credit availability by return of the goods. When the international treaty for the automatic exchange of financial information, ratified by the Republic of Bulgaria, promulgated and entered into force, is referred to a date other than that referred to in point (b), applies the date under the international treaty.

22. ' Cleared a collective investment undertaking "means an investment entity governed by a collective investment undertaking, provided that the total participation therein is held by either by individuals or entities that are not persons who provide information, with the exception of passive non-financial entities with control individuals who are persons to whom information is provided. For the purposes of FATCA agreement exempt collective investment undertaking that is eligible under this section, with the exception of cases in which a participation is held by individuals and/or non-participating financial institutions.


23. "Financial account" is an account held by a financial institution, which includes a deposit account, trustee account and:

a) in the case of an investment entity – any debt or equity participation in financial institution; Notwithstanding the foregoing, the term "financial account" does not include equity or debt participation in an entity that is an investment entity solely because:

AA) provides investment advice to or act on behalf of, or

BB) manages a portfolio of or acting on behalf of a client for the purpose of investment, management or administration of financial assets invested in the customer's name with a financial institution, other than that entity;

(b)) in the case of a financial institution that is not referred to in (a) any debt or equity participation in a financial institution, if the class participation is such as to avoid providing information in accordance with this code;

in every insurance contract) with the surrender value and each anûiteten contract concluded or maintained by a financial institution other than an unrelated investment neprehv″rlim, immediately pay the life annuity contract concluded with a person for the payment of benefits in respect of retirement or disability, provided that account is disabled account;

d) for the purposes of FATCA agreement, in the case of a financial institution that is not referred to in (a) any debt or equity participation in financial institution if:

AA) participation is not regularly traded on the spot for trading of securities;

BB) the value of the direct or indirect participation is determined mainly on the basis of the assets giving rise to payments in the United States of America, on which the tax is charged, and

BB) class participation is such as to avoid providing information in accordance with this code;

(e)), the term "financial account" does not include accounts, bills which are excluded under item 39.

24. "deposit account" includes any checking, savings, fixed-term, commercial or investment account, which shall be certified by a certificate, certificate of deposit savings account, an investment certificate, the debt certificate or other similar instrument, supported by a financial institution when carrying out normal banking activities or similar economic activity. Deposit account also includes the amount held by an insurance company under a contract with a guaranteed investment or similar agreement for paying or charging of interest concerned.

25. "trustees ' account" is an account, other than an insurance contract or a contract to anûiteten that hold one or more financial assets for the benefit of another person.

26. "equity" in the case of a partnership, that is a financial institution's participation in the capital or profits of the partnership. In the case of a trust, that is a financial institution, it is assumed that the capital contribution is held by any person who is considered a founding member or beneficiary of the whole or part of the trust or by any other natural person pursuing the real control over the trust. Person who provides information, is considered as a beneficiary of the trust, if such a person is entitled to receive, directly or indirectly, must distribution, or may receive, directly or indirectly, the distribution of the trust at the discretion of the curator.

27. "insurance contract" is the contract, with the exception of the anûiteten Treaty, by virtue of which the Publisher of the policyholder agrees to pay compensation or set amount in case of an accidental event, including death, illness, accident, liability or asset risk.

28. "Anûiteten contract" means a contract to which the issuer agrees to make payments for a period to be determined in whole or in part, of the duration of the life of one or more persons, including the contract, considered as anûiteten in accordance with the legislation of the Republic of Bulgaria, a Member State or any other jurisdiction.

29. An insurance contract with the surrender value "is an insurance contract, with the exception of the reinsurance contract for compensation concluded between two insurance companies, which have a surrender value. For the purposes of the agreement's value FATCA otkupnata in an amount greater than the equivalent of $ 50,000.

30. "Surrender value" is the larger value between: the amount zastrahovaŝiât is entitled to receive upon cancellation or termination of the contract, determined without reduction for any fee when cancellation or loan on the policy, and the amount you may borrow zastrahovaŝiât under or in connection with the contract. However, the term "surrender value" does not include the amount payable under an insurance contract:

a) solely on the ground of the death of a person insured under a life assurance contract;

b) as compensation for suffered physical injury or illness or another payment, providing compensation for economic loss suffered as a result of the occurrence of the insurance event;

in recovery) paid before this premium under an insurance contract, with the exception of a life assurance contract, linked to investments or anûiteten contract, due to the cancellation or termination of the contract, reducing exposure to risk during the actual duration of the contract or resulting from the adjustment of the message or a similar error with respect to the premium under the contract;


d) as dividend for zastrahovaŝiâ, with the exception of dividend upon termination, provided that the dividend is linked to an insurance contract, according to which the only benefits payable are those referred to in (b);

(e)) as reimbursement of the advance premium or premium deposit under an insurance contract, for which the premium is payable at least annually, if the amount of the advance or premium premium deposit shall not exceed the following annual premium that would be payable under the contract;

f) for the purposes of FATCA agreement letters "a", "d" and "e" shall not apply and the term "surrender value" does not include a dividend of zastrahovaŝiâ on the basis of the insurance result in connection with the contract or the group.

31. "existing account" is:

a) financial account information maintained by the financial institution on 31 December 2015; When the international treaty for the automatic exchange of financial information, ratified by the Republic of Bulgaria, promulgated and entered into force, is referred to a date other than 31 December 2015, the date applicable under international treaty;

b) each financial account of account holders irrespective of the date on which the financial account has been opened, if:

AA) of the account holder has in supplying information a financial institution or in its associated entity in the country and a financial account that has an existing account within the meaning of paragraph (a);

BB) the providing of information a financial institution considered financial accounts referred to in (a) and any other financial account holder who have existing accounts within the meaning of point (b), as a single financial account for the purposes of compliance with the requirements of the standard for knowledge of the customer under art. 142, para. 1 and for the purpose of determining the presence or value of any of the financial accounts when applying thresholds for availability on accounts;

BB) in financial account apply AML procedures, the providing of information a financial institution apply AML procedures for the account referred to in (a);

yy) opening of the financial account does not require the provision of new, additional or amended information from the account holder, except for the purposes of this code;

c) for the purposes of FATCA agreement "an existing account is a financial account maintained by the financial institution providing information at 30 June 2014.

32. the "new" account is a financial account information maintained by the financial institution, opened on or after 1 January 2016, unless it is considered to be an existing account within the meaning of paragraph 31 (b). For the purposes of the application of the FATCA agreement "new account is a financial account opened on or after July 1, 2014, When in an international treaty for the automatic exchange of financial information, ratified by the Republic of Bulgaria, promulgated and entered into force, is referred to a date other than 1 January 2016, applies the date under the international treaty.

33. "an existing account to an individual" is an existing account holder with one or more individuals.

34. "a new account of a natural person" is a new account holder with one or more individuals.

35. ' existing account of an entity "is an existing account holder with one or more entities.

36. "account of little value" is an existing account to an individual with aggregated availability or value on 31 December 2015, which shall not exceed the equivalent in LEVs of 1 0000 0000 USD. For the purposes of the agreement FATCA "account of little value" is an existing account to an individual with aggregated availability or value at 30 June 2014, which shall not exceed the equivalent in LEVs of 1 0000 0000 USD.

37. "account of great value" is an existing account to an individual with aggregated availability or value on 31 December 2015, or 31 December of each year, an amount exceeding the equivalent of us $ 1 0000 0000. For the purposes of the agreement FATCA "account of great value" is an existing account to an individual with aggregated availability or value at 30 June 2014, 31 December 2015, or 31 December of each year, an amount exceeding the equivalent value of 1 0000 0000 USD.

38. "a new account of an entity" is a new account holder with one or more entities.

39. "Account Disabled" is one of the following accounts:

a) retirement account that satisfies the following conditions:

AA) account shall be subject to Regulation as a personal retirement account or is part of a registered or regulated pension scheme for payment of retirement benefits, including benefits for disability or death;

BB) account is taxed under more favourable conditions (contributions to the account, which would be subject to taxation shall be deducted or exempted from the gross income of the account holder, or are taxed at a reduced rate or the taxation of income from investments in the account be suspended or performed at a reduced rate);

CC) provides information for the account of the National Revenue Agency;

yy) withdrawals are carried out, provided that it has reached a certain age for retirement or invalidity or death have occurred, and for withdrawals before the occurrence of such events to impose penalties;


DD) annual contributions are limited to the equivalent of $ 50,000 or less or is a maximum limit of contributions to account for the entire duration of the life up to the equivalent in LEVs of 1 0000 0000 USD or less, in any case, the rules of art. 142 with a summation of accounts; not believing that the financial account does not meet the requirements of the first sentence only because such a financial account may receive assets or funds transferred from one or more financial accounts which meet the requirements of the letter "a" or "b", or by one or more pension funds that meet the definitions in paragraphs 18-20;

b) account that satisfies the following conditions:

AA) account shall be subject to Regulation as an investment tool for purposes other than retirement, and is traded regularly on site for trading the securities or is subject to adjustment as savings scheme for purposes other than retirement;

BB) account is taxed under more favourable conditions (contributions to the account, which would be subject to taxation shall be deducted or exempted from the gross income of the account holder, or are taxed at a reduced rate or the taxation of income from investments in the account be suspended or performed at a reduced rate);

BB) withdrawals are carried out, provided that they meet the specific criteria relating to the purpose of investment or savings account (providing educational or medical benefits), and withdrawals made before such criteria have been fulfilled, penalties shall be imposed;

yy) annual contributions are limited to the equivalent of $ 50,000 or less, by applying the rules of art. 142 with a summation of accounts; not believing that the financial account does not meet the requirements of the first sentence only because such a financial account may receive assets or funds transferred from one or more financial accounts which meet the requirements of the letters "a" and "b", or by one or more pension funds that meet the definitions in paragraphs 18-20;

in) a life assurance contract with an insurance period, which will expire before the insured person the age of 90 years of age, if the contract fulfils the following conditions:

AA) periodic insurance premiums which do not decrease with time, be paid at least once a year during the shorter of the following two periods: the period of validity of the contract or until the insured reaches 90 years of age;

BB) any person does not have access to the value of the contract (by drawing, loan or otherwise), without requiring a termination of the contract;

BB) amount (except in the case of compensation for death), payable upon early termination or upon termination of the contract, shall not exceed the aggregate premiums paid under the contract, after deducting the sum of fees upon death and/or illness and loss (whether imposed in fact) for the period or periods of validity of the contract and any amount paid before the early termination or prior to the termination of the contract;

yy) party to the contract is not a transferee for remuneration;

d) account which was held only as a part of the inheritance, if the documentation for such an account contains the transcript of the will of the deceased or of the Act of death;

e) account opened in connection with one of the following:

AA) court order or decision;

BB) the sale, Exchange or lease of movable or immovable property, or rights, if the account satisfies the following conditions:

AAA) account is credited only with advance payment (primary), deposit, deposit of an amount appropriate for securing the obligation that stems directly from the deal, or a similar payment, or is financed by financial asset that is nested within the account in connection with the sale, Exchange or rental of property or rights;

BBB) account is opened and is only used to ensure the buyer's obligation to pay the purchase price for the property or rights of the seller to pay a contingent liability of the lessor or lessee or to pay compensation for damage related to otdadenoto rental property, as provided for in the lease;

BBB) the assets of the account, including the resulting in her income, shall be paid or distributed in any other way in favor of the buyer, seller, landlord or tenant (including for performance of the duty of such person) in the sale, Exchange or cancellation of property or upon the termination of the hire contract;

GGG) account is not a guarantee account in margin transactions, or a similar type of account opened in connection with the sale or exchange of a financial asset;

ADI) account is not associated with an account on the letter "e";

BB) an obligation of a financial institution, serving the real estate secured loan, to keep part of the payment for the sole purpose of facilitating the payment at a later stage of taxes or insurance related to immovable property;

yy) an obligation of a financial institution to facilitate the payment of taxes at a later stage;

f) deposit account which meets the following conditions:

AA) the account exists solely because the client carries out the payment over the amount due on your credit card or revolving credit contract and the amount overpaid shall be forfeited forthwith to the client;


BB) at 1 January 2016, the financial institution shall apply the policies and procedures that do not allow the client to perform the equivalent in LEVs overpayment of over $ 50,000, or ensure that any overpayment from a customer that exceeds this amount shall be refunded to the customer within 60 days, as in every case the rules of art. 142 with; for this purpose the client overpayment shall not apply to credit availability for disputed transactions, but includes credit availability by return of the goods;

(g)) any other account that is low risk to be used for tax avoidance, with characteristics that are similar to any of the accounts described in letters "a", "e", and which is included in the list of excluded accounts under art. 142 (d), para. 1, provided that such an account's status as a disabled account does not hinder the achievement of the objectives of this code.

40. "account information" is a financial account, which is maintained by providing information a financial institution with the account holder, one or more persons to whom the information is provided, or a passive holder non-financial entity with one or more controlling persons are persons who provide information, provided that it is identified as such in accordance with the procedures for due diligence.

41. "a person to whom information is:

1. a person from a participating jurisdiction, with the exception of:

a) a company whose shares are traded on a regular basis in one or more places for trading of securities;

(b)) a company which is affiliated with a company entity referred to in (a);

the Government entity);

(d) an international organization);

(e) Central Bank);

It is) a financial institution;

2. for the purposes of the agreement definitely FATCA – each u.s. person under art. 1, al. 1, letter "AA" by FATCA agreement.

42. "Person from a participating jurisdiction" is a natural person or an entity that is resident for tax purposes on one (or more) participating jurisdiction in accordance with its legislation, tax or succession of a deceased person who was a resident for tax purposes in a participating jurisdiction; a partnership, an unincorporated business with limited liability or a similar legal arrangement (with the exception of trust, which is a passive non-financial entity) which could not be determined where he is resident for tax purposes shall be deemed to be established in a jurisdiction where his actual place of management.

43. "participating jurisdictions" is:

(a) any other State) member of the European Union;

(b)) any other jurisdiction with which the Republic of Bulgaria has an agreement in force, which provides that jurisdiction shall provide the information referred to in art. 142 (b), and which is designated in a list published by the Republic of Bulgaria and the European Commission;

in) any other jurisdiction with which the European Union has an agreement in force, which provides that jurisdiction shall provide the information referred to in art. 142 (b), and which is designated in a list published by the European Commission;

(d) the United States of America).

44. For the purposes of the application of agreement jurisdiction FATCA "peer" is a jurisdiction that has an agreement with the United States to facilitate the implementation of the Act to comply with the tax laws in connection with overseas accounts ("FATCA") and which is defined in a list published by the Internal Revenue Service of the United States of America.

45. "Controlling persons" are individuals who exercise control over the entity. In the case of a trust, this concept means the founder (s), curator (s), guardian (s), holder (s) or class of beneficiaries and any other natural person who exercises final control over the actual trust and, in the case of a legal arrangement, other than a trust, this concept means the persons occupying the equivalent or similar positions. The term "controlling persons" shall be interpreted in accordance with the concept of "real owner" within the meaning of the law on measures against money laundering and the recommendations of the financial action group against money laundering.

46. "non-financial entity" means any entity that is not a financial institution.

47. "Passive non-financial entity" means:

a) non-financial entity which is not an active non-financial entity;

(b)) investment entity within the meaning of paragraph 6, point (b), which is not a financial institution of a participating jurisdiction.

48. "Active non-financial entity" is non-financial entity that meets any of the following conditions:

(a)) less than 50 per cent of the gross income of the non-financial Corporation entity for the preceding calendar year is passive income and less than 50 percent of the assets held by non-financial Corporation entity during the previous calendar year, are assets that generate or behave in order to generate passive income; for the purposes of this provision the passive income includes dividends: interest or other income assimilated to interest, rental income, royalties, annuities, gains from the disposal of financial assets, foreign exchange trading, net income from swap and amounts received under an insurance contract with the surrender value;

(b)) the shares of non-financial Corporation entity traded regularly on site for trading of securities or entity is associated with an entity whose shares are regularly traded on the spot for trading of securities;


in the non-financial Corporation) General Government entity is an international organization entity, Central Bank or an entity owned entirely by one or more of them;

d) activities of the non-financial Corporation entity or a substantial part of them consist of holding (in whole or in part) of shares in circulation in or from the provision of services and financing of one or more subsidiaries which deal with transactions or business other than a financial institution, except in cases where an entity operates (or present) as investment Fund (private equity fund , a risk investment fund redemption fund the indebted enterprises and others) or an investment vehicle whose purpose is acquisition or financing of companies and participation in these companies as a capital asset for investment purposes;

(e) non-financial Corporation) does not carry out business entity and has not risen in the past, but investing in assets with the intention to carry out an economic activity other than that of a financial institution for a period of 24 months from the date of its original creation;

is a non-financial Corporation is an entity) carried on business as a financial institution in the last five years and is in the process of liquidation or be restructured in order to continue or to start again to carry out business activities in an area other than that of the financial institution;

(g)) non-financial Corporation entity performs primarily financing and hedging transactions on or associated entities that are not financial institutions, and does not provide services on financing and hedging of other entities that have not been connected entity, provided that the Group of related entities deals primarily with economic activity other than that of the financial institution;

h) non-financial entity which satisfies the following conditions:

AA) is created and operates exclusively for religious, charitable, scientific, artistic, cultural, sporting or educational purposes, or professional organization, Union of entrepreneurs, Chamber of Commerce, the workers ' organization, agricultural or gardening organization, civil Union or organisation whose core business is aimed at enhancing social well-being;

BB) is released from payment of income tax in the jurisdiction to which it is a resident;

BB) no participants or members to have claims of his income or assets;

yy) incorporation of non-financial Corporation entity or the laws of the jurisdiction to which it is resident for tax purposes, do not allow income or assets of non-financial Corporation entity to be distributed or made available for the benefit of the individual or entity that is not a charitable purpose (unless non-financial Corporation entity carries on charitable activities or pay reasonable compensation for services rendered or for the purchase of property at market prices);

DD) incorporation of non-financial Corporation entity or the laws of the jurisdiction to which it is a resident, require liquidation or termination of a non-financial Corporation entity all its assets to be distributed to the benefit of the State or entity of another non-profit organization or can be inherited from the jurisdiction to which it is a resident;

and) for the purpose of the FATCA agreement non-financial entity which is established in the territory of the United States of America under art. 1, al. 1 (b) of the agreement and of the FATCA which all owners are resident for tax purposes in those territories, any foreign tax ud″ržaŝo civil society or fabled tax foreign trust under the national legislation of the United States of America, as well as non-financial entity is excluded foreign non-financial entity within the meaning of section VI, paragraph (b), item 4 (I) of annex I of the FATCA agreement.

49. "account holder" is a person who has entered or is identified as the holder of the financial account of the financial institution, which supports the Bill. Person, with the exception of the financial institution, which is the holder of a financial account for the benefit of or on behalf of another person in the capacity of agent, trustee, proxy, a person signing the investment advisor or intermediary shall not be deemed to be the holder of the account for the purposes of this code, and for account holder assumes the other person. When an insurance contract with a surrender value or anûiteten contract account holder means any person entitled to receive the otkupnata value or the right to change the beneficiary under the contract. When there is no person entitled to receive the otkupnata value or the change of the beneficiary, the account holder is any person specified in the contract as the owner, and any person entitled to receive the payment under the contract. In case of maturity of the insurance contract with the surrender value of the contract or anûiteten any person who is entitled to receive a payment under the contract is considered to be the account holder.

50. "AML procedures" means procedures for customer due diligence on the part of the providing information a financial institution for the implementation of measures against money laundering and the financing of terrorism or other similar requirements that are applied by the providing information a financial institution.

51. "Entity" is a legal person or legal arrangement, including a company, partnership, trust or Foundation.


52. An entity is "associated entity" with another entity when:

a) one entity controls the other;

(b)) the two formations are under common control, or

the two entities are in) investment entities within the meaning of paragraph 6 (b) and are under the total control, as this management fulfils the obligations of due diligence on such investment entities.

Control means direct or indirect ownership of more than 50 percent of the vote and/or participation in the entity.

53. "tax identification number" is a tax identification number or its functional equivalent in the absence of a tax identification number. For the purposes of the agreement FATCA tax number is the identification number of the American federal taxpayer (including employer identification number, a social security number or individual tax identification number).

54. "documentary evidence" are:

a) resident certificate, issued by an authorised public body (Government, State agency or municipality) of the jurisdiction in which the account holder is a resident;

(b)) in the case of a natural person – any valid identity document issued by an authorised public body (Government, State agency or municipality), which contains the name of the person and normally used for authentication;

in) in respect of the entity – any official document issued by an authorised public body (Government, State agency or municipality), which contains the name of the entity and the address of its head office in the jurisdiction to which that entity is a resident for tax purposes, or in any other jurisdiction in which it was incorporated or formed;

d) audited financial report, each credit report of third party documents for bankruptcy or a document issued by the securities regulator;

(e)) in respect of an existing account on the entity – the providing information a financial institution may use as documentary evidence and any classification of their records in respect of the holder of the account, which has been determined on the basis of a standardised classification of economic activities, she was entered in accordance with its usual business practice for the purposes of AML procedures or for other regulatory purposes (except for tax purposes) and which has been applied before the date used to classify the financial account as an existing account, provided that the supplying of information a financial institution is not known or has no reason to know that such classification is inaccurate or unreliable.

55. A standardized classification of economic activities "shall mean the national classification of economic activities or other standardized classification used to classify businesses by type of economic activity for purposes other than for tax purposes.

56. the "change in circumstances" is getting the additional information related to or contrary to the status of a person, which includes every change or addition of information:

and the account holder) (including addition, replacement or other change to the holder of the account);

(b)) at each connected account, in the application of the rules on aggregation of accounts under art. 142 with, if such change or addition of information affects the status of the holder of the account.

57. "account, supported by financial institution" is as follows:

a) in the case of Trustees ' account from the financial institution which has custody of the assets on the account (including a financial institution that holds the assets on behalf of an intermediary/broker for the holder of the account in such an institution);

(b)) in the case of deposit account from the financial institution which is obliged to make payments on the account (with the exception of agent of a financial institution, whether this agent is a financial institution);

in) in the case of equity or debt participation at a financial institution, which constitutes a financial account of this financial institution;

d) in the case of an insurance contract with a surrender value or anûiteten contract – from the financial institution that is required to make payments under the contract.

58. "the address of the Head Office of an entity" is the place in which it has its actual control, and exclude the address used solely for the purposes of correspondence, unless that is the only address the entity referred to as its registered address in spatial documents.

59. "the Group insurance contract with the surrender value" is an insurance contract with the surrender value:

a) provides insurance coverage of individuals who are linked by an employer, Trade Union, trade association or other organization, association or group;

(b)) requires the payment of a premium for each Member of the Group (or subgroup within the Group) which is determined without regard to individual health characteristics other than age, sex and smoking habits in terms of the members (of the subgroup) of the Group (or subgroup within the Group).

60. "batch anûiteten contract is a contract to which anûiteten:

a) enjoying persons are individuals who are connected by an employer, Trade Union, trade association or other organization, association or group, and

(b) against payment of an agreed) Premium provides an annuity life term or pay immediately or after a period in which the pay premiums due under the contract. "


2. In paragraph 2 (b), the words "as well as" are deleted, then a comma and add "as well as the Directive 2014/107/EC of the Council of 9 December 2014 amending Directive 2011/16/EC in respect of the mandatory automatic exchange of information in the field of taxation (OJ L 359/1 of 16 December 2014).

Transitional and final provisions

§ 54. Customer's open at the date of entry into force of this law the proceedings under art. 235, art. 236 and in chapter twenty-sixth completed in the previous row.

§ 55. The first year for which information is exchanged between the Executive Director of the National Revenue Agency and the competent organs of the participating jurisdictions is 2016, unless an international treaty for the automatic exchange of financial information, ratified by the Republic of Bulgaria, promulgated and entered into force, is referred to a different year.

§ 56. The first year for which information is exchanged between the Executive Director of the National Revenue Agency and the competent authorities of the United States of America, is 2014.

§ 57. For the purpose of supplying information agreement FATCA financial institution provides information, as follows:

1.2014 – the data under art. 142 b, para. 1, item 1 – 5;

2. for 2015 – the data under art. 142 b, para. 1, item 1-8, with the exception of paragraph 6, point (b);

3. for 2016 and each subsequent year – Dan s under art. 142 b, para. 1, item 1 – 8.

§ 58. For the purposes of the agreement determining the FATCA first availability or value of an existing account for which information shall be provided, shall be carried out at 30 June 2014.

§ 59. For the purpose of supplying information agreement FATCA financial institution it is necessary to be registered on the website of the Office of internal revenue of the United States of America prior to the first provision of information.

§ 60. The providing information a financial institution must complete the review of the existing accounts of physical persons of great value by 31 December 2016 and the existing accounts of physical persons of little value in the period up to 31 December 2017.

§ 61. The providing information a financial institution must complete the review of the existing accounts of entities with a total value of over stock or the equivalent in LEVs of 250, 000 u.s. dollars in a period of up to 31 December 2017.

§ 62. For the purpose of supplying information agreement FATCA financial institution must complete the review of the existing accounts of entities with a total value of over stock or the equivalent in LEVs of 250, 000 u.s. dollars by 30 June 2016.

§ 63. Information providers financial institutions adapted their activities in accordance with the provisions of this Act within one month of its entry into force.

§ 64. In the insurance code (promulgated, SG. 103 from 2005; amend., SG. 105 by 2005, issue 30, 33, 34, 54, 59, 80, 82 and 105 of 2006, issue 48, 53, 97, 100 and 109 from the 2007 No. 67 and 69 by 2008, 24 and 41/2009 issue 19, 41, 43, 86 and 100 by 2010. , PC. 51, 60 and 77 from 2011, issue. 21, 60 and 77 by 2012 and St. 20, 70 and 109 by 2013) in art. 94, item 8, after the words "the application of" art "is added. 142 b, para. 1 and ".

§ 65. Bank Bankruptcy Act (promulgated, SG. 92 of 2002; amended 67/2003, 36/2004, no. 31 and 105 by 2005, issue 30, 34 and 59 from 2006, and 53/59 of 2007, 67/2008 No. 105 from 2011, no. 98 of 2014 and PCs. 22 , 41, 50, 61 and 62 by 2015.) in art. 85, para. 3 the words "art. 249, para. 2 and 3 ' shall be replaced by "art. 249, para. 2-6.

§ 66. In the law on credit institutions (official SG. 59 06; amend., 105/2006, no. 52, 59 and 109 from the 2007 No. 69 since 2008, no. 23, 24, 44, 93 and 95 of 2009, 94 and 101 of 2010 and 77/105 from 2011, and 38/44 by 2012. , PC. 52, 70 and 109 in 2013, PCs. 22, 27, 35 and 53 by 2014 and PCs. 14, 22, 28 and 62 from 2015) make the following additions:

1. an art. 56A:

"Art. 56. (1) the Bulgarian National Bank shall establish and maintain an electronic information system for the numbers of bank accounts, their holders and authorized to deal with the Bills, persons and for persons, tenants of safes in the banks.

(2) provide information Banks Bank of Pará. 1 monthly.

(3) access to information by the system are:

1. the judicial bodies (courts, public prosecution and investigative bodies);

2. the National Police Directorate, "and the General Directorate for combating organized crime" of Ministry of Internal Affairs;

3. the State Agency for national security;

4. The National Revenue Agency;

5. the Commission shall withdraw the illegally acquired property.

(4) natural and legal persons may receive, upon request, information on rates for the information contained in the system information.

(5) access to the system of bodies and institutions under para. 3 shall be carried out in connection with the performance of their duties on the occasion of specific checks, details of which are recorded in a special register of each of the bodies and institutions.

(6) the right of access to the system have the persons who manage and represent the authorities and institutions under para. 3, or officials authorised by them in compliance with the obligation to protect the secret of the information received. Authorities and institutions under para. 3 adopt and implement internal rules for the effective control of authorised persons with the right of access to information under para. 1.

(7) For system access authorities and institutions under para. 3 and the persons referred to in para. 4 pay a fee determined by the BNB to the Ordinance referred to in para. 8 on the basis of the costs incurred.

(8) the scope, procedure and deadlines of submission of information from banks in the system, as well as to obtain information from the relevant authorized institutions and persons shall be determined by an Ordinance of the BNB.

(9) the information referred to in para. 1 store within 5 years from the date of its entry into the BANK. "


2. In art. 62, para. 11 Finally a comma and add "as well as the information referred to in art. 142 b, para. 1 of the tax-insurance procedure code. "

§ 67. In the law on the National Revenue Agency (official SG. 112 of 2002; amended by 114/2003, no. 105 in 2005, 105/2006, no. 109 (2007), no. 12, 32, 42 and 95 of 2009, issue 15, 51, 54, 97, 98 and 99 of the 2010 No. 38 and 94 by 2012. , PC. 109 by 2013 and St. 60 by 2015.) make the following changes and additions:

1. In art. 3:

(a)) in the Al. 4, the first sentence add "and not local taxes";

(b)) in the Al. 5, second sentence, the words "perishable goods" shall be replaced by "goods";

in) in the Al. 6 the words "perishable" shall be deleted;

(d)) in the Al. 12, after the word "conservation" is a comma and add "management".

2. an art. 13A:

"Disciplinary bodies and punishing deadlines for the imposition of disciplinary penalties

Art. 13. (1) Disciplinary punishments of civil servants in the Agency shall be levied by the appointing authority and of employees occupying a position in the employment relationship – from their employer.

(2) Disciplinary penalties shall be imposed by the disciplinary nakazvaŝiâ body no later than two months from the opening of infringement and no later than two years from the transfer. "

3. In art. 16, al. 2:

a) point 1 shall be amended as follows:

1. initial vocational training; "

b) a new paragraph 2:

"2. an introductory basic training for newly recruited employees, revenue authorities, which shall be held within three months of the issuance of the order for appointment;"

in the past) item 2 and 3 shall become paragraph 3 and 4.

§ 68. In the law on markets in financial instruments (official SG. 52 of 2007; amend., SG. 109 (2007), no. 69 since 2008, issue 24, 93 and 95 of 2009, 43/2010/2011 77, no. 21, 38 and 103 from 2012, issue 70 and 109 in 2013, no. 22 and 53 by 2014 and no. 14 , 34 and 62 by 2015.) in art. 35, para. 5 make the following amendments and additions:

1. In paragraph 1 the Union shall "or" shall be deleted.

2. a new paragraph 2:

' 2. pursuant to title 2, Chapter sixteen, part Iiia of the tax-insurance procedure code, or ".

3. The current paragraph 2 becomes paragraph 3.

§ 69. In the value added tax Act (promulgated, SG. 63 06; amend., SG. 86, 105 and 108 of 2006; the Decision the Constitutional Court No 7 of 2007 – issue 37 of 2007; amend., SG. 41, 52, 59, 108 and 113 in 2007, 106/2008 12/23, 74 and 95 from 2009. , PC. 94 and 100 by 2010, PC. 19, 77 and 99 from 2011, issue. 54, 94 and 103 by 2012 PCs. 23, 30, 68, 98, 101, 104 and 109 in 2013, PCs. 1, 105 and 107 by 2014 and PCs. 41 and 79 by 2015.) in art. 131, para. 4, the words "article. 254, para. 7 ' shall be replaced by "art. 254, para. 9. "

§ 70. In the law on weapons, munitions, explosives and pyrotechnic products (promulgated, SG. 73 by 2010; amend., SG. 88 from 2010 and 26/43 by 2011, issue 44 and 73 by 2012, 66/68 and 70 in 2013, and 53/98 by 2014, 14/56 and 79 from 2015) in art. 58, para. 1, paragraph 3, the words "article. 182, para. 2, item 2 (b) or under art. 221, para. 6, paragraph 2 "shall be replaced by" art. 182, para. 2, item 2 or under art. 221, para. 6. "

§ 71. The law shall enter into force from 1 January 2016, with the exception of § 66, item 1 on the electronic information system, which shall enter into force from 1 January 2017.

The law was passed by the National Assembly-43 of 20 November 2015 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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