Law Amending And Supplementing The Law On Corporate Income Tax

Original Language Title: Закон за изменение и допълнение на Закона за корпоративното подоходно облагане

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15232/

Name of law Law amending and supplementing the law on corporate income tax bill name a bill amending and supplementing the law on corporate income tax adoption date 18/03/2015 number/year Official Gazette 22/2015 Decree No 43

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 amending and supplementing the law on corporate income tax, adopted by HLIII National Assembly on 18 March 2015.

Issued in Sofia on March 20, 2015.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Hristo Ivanov

LAW

amending and supplementing the law on corporate income tax (official SG. 105 of 2006; amend., SG. 52, 108 and 110 since 2007, no. 69 and 106 since 2008, 32/35 and 95 of 2009, issue 94 from 2010, issue 19, 31, 35, 51, 77 and 99 from 2011, and 40/94 by 2012. , PC. 15, 16, 23, 68, 91, 109 and 100 in 2013, PCs. 1, 105 and 107 by 2014 and PCs. 12 by 2015.)

§ 1. In art. 182 make the following amendments and additions:

1. In paragraph 8. 1, paragraph 3, the words "firms in difficulty ' shall be replaced by ' enterprises in difficulty".

2. Paragraph 5 shall be replaced by the following: "(5) the tax deduction that represents state aid for farmers, does not apply in respect of:

1. firms in difficulty;

2. taxable persons, representing large enterprises;

3. investments in irrigation. "

3. a para. 6:

(6) tax benefits, constituting State aid for regional development and for farmers, do not apply in respect of taxable persons who have not complied with the decision of the Commission to recover unlawful and incompatible received State aid and are not fully recovered. "

§ 2. In art. 189b, para. 2 make the following amendments and additions:

1. In paragraph 1, after the word "activity" is added "and acquired".

2. point 4 shall be replaced by the following:

"4. the tax must not exceed 50 percent of the current value of the assets referred to in paragraph 1, as defined at the date of granting of the aid; the interest rate for the purposes of determining the present value of the assets referred to in paragraph 1 is the reference rate set by the European Commission at 31 December of the year of the assignment; ".

3. Create a new item 5 and 6:

"5. the current value of all assets under item 1, as determined at the date of granting of the aid may not exceed the threshold of the equivalent in LEVs of 500 000 euro; the interest rate for the purposes of determining the present value of the assets referred to in paragraph 1 is the reference rate set by the European Commission at 31 December of the year of the disposal;

6. the specified in item 5 threshold may not be circumvented through artificial division of assets under item 1; ".

4. Section 7 is repealed.

5. The former item 5 and 6 shall become item 8 and 9.

§ 3. In § 1 of the additional provisions the following modifications are made:

1. Section 30 is amended as follows:

"30." company in difficulty "for the purposes of art. 182, para. 1, item 3 is this the meaning of the guidelines on State aid for rescuing and restructuring of non-financial enterprises in difficulty (OJ, with 249/1 of 31 July 2014), and for the purposes of art. 182, para. 5 is it within the meaning of Regulation (EC) No 702/2014 of 25 June 2014, declaring certain categories of aid in the sectors of agriculture, forestry and rural development compatible with the internal market in application of articles 107 and 108 of the Treaty on the functioning of the European Union and repealing Regulation (EC) No 1857/2006 (OB , L 193/1 from 1 July 2014). "

2. Section 74 shall be replaced by the following:

"74." large enterprises "are enterprises which do not meet the criteria set out in annex I of Regulation (EC) No 702/2014 of 25 June 2014, declaring certain categories of aid in the sectors of agriculture, forestry and rural development compatible with the internal market in application of articles 107 and 108 of the Treaty on the functioning of the European Union and repealing Regulation (EC) No 1857/2006."

§ 4. Paragraph 17 of the transitional and concluding provisions of the law amending and supplementing the law on corporate income tax (official SG. 100 by 2013; amend., SG. 105 by 2014) is amended as follows:

"§ 17. (1) tax deduction under art. 189b shall apply upon receipt of final receipt with an identification number of the assistance from the European Commission pursuant to Regulation (EC) No 702/2014 of 25 June 2014, declaring certain categories of aid in the sectors of agriculture, forestry and rural development compatible with the internal market in application of articles 107 and 108 of the Treaty on the functioning of the European Union and repealing Regulation (EC) No 1857/2006. On condition that the receipt by the European Commission be obtained until 31 March 2015, tax relief may apply for 2014. Divestment of advance income tax payments for farmers is not permitted until the date of the receipt by the European Commission with the final identification of the aid.

(2) tax deduction under art. 189b constitutes a subsequent fiscal scheme within the meaning of the regulation referred to in paragraph 1. 1, since the activity is already covered by the previous scheme in the form of tax relief, which is why it is acceptable for investment in assets under art. 189b is started and before the receipt has been received by the European Commission with the identification number of the assistance, but after 31 December 2013. "

Final provisions


§ 5. In the law on income tax of individuals (official SG. 95 2006; amend., SG. 52, 64 and 113 (2007), no. 28, 43 and 106 since 2008, issue 25, 32, 35, 41, 82, 95 and 99 from 2009, issue 16, 49, 94 and 100 by 2010, issue 19, 31, 35, 51 and 99 from 2011. , PC. 40, 81 and 94 by 2012 PCs. 23, 66, 100 and 109 in 2013, PCs. 1, 53, 98, 105 and 107 by 2014 and PCs. 12 by 2015.) make the following changes and additions:

1. In art. Al 48. 7 shall be amended as follows:

(7) the secondment of tax under para. 6, constituting State aid for farmers, does not apply in respect of:

1. a person who is an undertaking in difficulty;

2. a person who is a large undertaking;

3. a natural person carrying out business under art. 29A;

4. a person who has not fulfilled the decision of the Commission to recover unlawful and incompatible received State aid and has not fully recovered aid;

5. investments in irrigation. "

2. § 1 of the additional provisions are made the following amendments and additions:

a) section 60 is amended as follows:

"60." company in difficulty "for the purposes of art. 48, para. 7 is it within the meaning of Regulation (EC) No 702/2014 of 25 June 2014, declaring certain categories of aid in the sectors of agriculture, forestry and rural development compatible with the internal market in application of articles 107 and 108 of the Treaty on the functioning of the European Union and repealing Regulation (EC) No 1857/2006 (OB , L 193/1 from 1 July 2014). ";

(b)) is created that 61:

"61." large enterprises "are enterprises which do not meet the criteria set out in annex I of Regulation (EC) No 702/2014 of 25 June 2014, declaring certain categories of aid in the sectors of agriculture, forestry and rural development compatible with the internal market in application of articles 107 and 108 of the Treaty on the functioning of the European Union and repealing Regulation (EC) No 1857/2006."

3. paragraph 13 of the transitional and concluding provisions of the law amending and supplementing the law on income tax of individuals (official SG. 100 by 2013; amend., SG. 105 by 2014) is amended as follows:

"§ 13. (1) tax deduction under art. 48, para. 6 may be used until 31 December 2020, only after receiving the receipt with the definitive identification of the aid from the European Commission pursuant to Regulation (EC) No 702/2014 of 25 June 2014, declaring certain categories of aid in the sectors of agriculture, forestry and rural development compatible with the internal market in application of articles 107 and 108 of the Treaty on the functioning of the European Union and repealing Regulation (EC) no 1857/2006. On condition that the receipt by the European Commission be obtained until 31 March 2015, tax relief may apply for 2014. Divestment of advance payments on tax on the annual tax base under art. 28 farmers is not permitted until the date of the receipt by the European Commission with the final identification of the aid.

(2) tax deduction under art. 48, para. 6 represents further fiscal scheme within the meaning of the regulation referred to in paragraph 1. 1, since the activity is already covered by a previous scheme in the form of tax relief, which is why it is acceptable for investment in assets under art. 48, para. 6 started and before the receipt has been received by the European Commission with the final identification of the aid, but after 31 December 2013. "

§ 6. The law shall enter into force from 1 January 2014.

The law was passed by the National Assembly-43 on 18 March 2015 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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