Name of the law amending and supplementing the law on value added tax act Name of Bill a bill amending and supplementing the law on value added tax date of acceptance 07/12/2011 number/year Official Gazette 99/2011 Decree No 256

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 value added tax, passed by the National Assembly of the HLI 7 December 2011.

Issued in Sofia on 12 December 2011

The President of the Republic: Georgi Parvanov

Stamped with the State seal.

Minister of Justice: Diana Kovatcheva

LAW

amending and supplementing the law on value added tax (official SG. 63 06; amend., SG. 86, 105 and 108 of 2006; 37/2007 – Decision of the Constitutional Court No. 7 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 and 77 from 2011)

§ 1. In art. 27 the following modifications are made:

1. Paragraph 1 shall be amended as follows:

(1) the tax base regarding delivery of goods under art. 6, al. 3 and art. 7, para. 4 shall be equal to the taxable amount on the acquisition of the goods or the cost of production, and in cases where the product is imported – the taxable amount on importation. "

2. in the Al. 3 item 1 shall be amended as follows:

1. delivery between related parties when the taxable amount, as determined by the procedure of art. 26, is:

a) lower than the market price, the supply is taxable and the recipient is not entitled to deduction of tax credit or is entitled to a partial tax credit, or a refund of the tax paid by the procedure of art. 81;

(b)) lower than the market price, the supply is exempt and the supplier shall not be entitled to deduct tax credit or is entitled to a partial tax credit, or a refund of the tax paid by the procedure of art. 81;

c) higher than the market price, the supply is taxable and the supplier shall not be entitled to deduct tax credit or is entitled to a partial tax credit, or a refund of the tax paid by the procedure of art. 81; ".

§ 2. In art. 45 para. 2 shall be amended as follows:

"(2) the establishment or transfer of the right of construction is considered exempt delivery under para. 1 until the time of the granting of authorisation for the construction of the building for which it is created or transferred the right of construction. "

§ 3. In art. 66 para. 2 shall be amended as follows:

"(2) the tax rate for accommodation provided in hotels and similar establishments including the provision of holiday accommodation and renting places for playgrounds for camping or caravans, is 9 percent."

§ 4. In art. 92 para. 8 shall be amended as follows:

(8) Notwithstanding the provisions of paragraphs 1 and 2. 1, item 4 and al. 3-6 when it started a revision of the person, the time limit for refund of the tax is the term for the issue of Auditors ' Act, except in cases where the person provide collateral in cash in government securities or unconditional bank guarantee and breaking even with a period of validity not less than six months. "

§ 5. In art. 102, para. 3 in the text before paragraph 1 Add "and for the resulting taxable supplies of services for which tax is exigible from the recipient.

§ 6. In art. 107 Item 3 shall be replaced by the following:

"3. the deletion of the sole trader from the commercial register, unless:

a) is subject to face compulsory registration under art. 96, para. 1 for taxable turnover for the supplies, representing independent economic activity, or if there are grounds under art. 108, para. (2);

(b)) are not present the conditions referred to in (a) and the person within 14 days of entry of the cancellation in the commercial register submitted to the competent territorial Directorate of the National Revenue Agency application for registration, stating the continuation of the registration under the conditions of art. 100, para. 1. "

§ 7. In art. 111, para. 2, item 5 finally place the hyphen and added "for goods and services that were available as at the date of the deregistration, as well as at the date of the subsequent registration".

§ 8. In art. 118, para. 4 after the word "reporting" a comma and add ' store documents issued by/in relation to the fiscal devices.

§ 9. In art. created 125 al. 12:

(12) when any of the accounting registers under art. 124 for the respective tax period contains more than five entries, then the reference-declaration under para. 1 and accounting registers under para. 3 must be submitted electronically under the conditions and by the order of the tax-insurance procedure code. When the reference-Declaration and accounting registers are filed electronically. 6 does not apply. "

§ 10. In art. 131, para. 1 paragraph 1 shall be replaced by the following:

"1. to translate the tax payable on the sale in the bank account of the territorial Directorate of the National Revenue Agency, which is responsible for the bailiff or bet a lender or bank account of the respective territorial Directorate of the National Revenue Agency, within the scope of public works contractor;".

§ 11. Article 136 shall be replaced by the following:

"The delivery of common tourist service

Art. 136. (1) When a tour operator provides on his/her behalf goods or services in connection with the journey of the traveller, for the realisation of which goods or services are used, of which the traveller makes use of directly, it is believed that takes place one delivery of common tourist service.

(2) the goods and services under para. 1, from which the traveller makes use of directly, are those that the tour operator has received from other taxable persons and provided the traveller without amendment.

(3) the provisions of this chapter shall not apply to:


1. the supply of travel agents, when they act in the name and for the account of another person;

2. delivery of a tour operator to tour operator. "

§ 12. In art. 137 ' or the travel agent ' shall be deleted.

§ 13. In art. 138, para. 1 the word "tourist" is replaced by "traveller".

§ 14. In art. 139 al. 1 shall be amended as follows:

"(1) the tax base of the delivery of common tourist service shall be the margin, that is the difference, minus the amount of tax due, between:

1. the total amount that the tour operator has received or will receive from the traveller or by the third party for the delivery, including the subsidies and funding, directly connected with this delivery, the taxes and fees, as well as the concomitant costs, such as commissions and insurances, charged by the supplier to the recipient but without the trade concessions;

2. the amount which has been paid or will be paid for by the tour operator received from other taxable persons supply of goods and services, of which the traveller makes use of directly, including the tax under this law. "

§ 15. In art. 140, para. 1 and 2, the word "tourist" is replaced by "traveller".

§ 16. Article 141 is amended as follows:

"The tax credit of the tour operator

Art. 141. The tour operator shall not be entitled to deduct tax credit for supplies of goods and services received from other taxable persons, of which the traveller benefit directly. "

§ 17. In art. 147 Al are created. 6 and 7:

"(6) the dealer shall be entitled to a tax credit for imported second-hand goods in the total row of the law.

(7) the dealer shall be entitled to a tax credit for imported works of art, collectors ' items or antiques or works of art supplied to him by their author or his heirs, the General rules of law, provided that it has not exercised the right of option under art. 143, para. 3. "

§ 18. In art. 151 al. 4 shall be amended as follows:

"(4) in the cases referred to in para. 1 for the goods for which it has been applied to art. 143, para. 3, the right of tax credit arises, and shall be exercised in the tax period, during which the tax for the subsequent delivery of the goods has become chargeable. "

§ 19. In art. 185, para. 2, after the word "reporting" is added "or store documents issued by/in relation to the fiscal devices" and a comma.

§ 20. In art. 186, para. 1.1 creating a letter "e":

"e) storage of documents issued by/in relation to the fiscal devices; '.

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

1. In paragraph 19, the words "and the solo defined" shall be deleted.

2. In paragraph 37, the words "the Tourist," "hotelier", "tour operator" is replaced by "tour operator".

3. an item 37A:

' 37A. "traveller" means any person – recipient of common tourist service which has not acquired for the purpose of subsequent sale. "

4. Section 45 shall be replaced by the following:

"45." Accommodation "are basic tourism services within the meaning of point 12 of the additional provision of the law on tourism, with the exception of the delivery of common tourist service from tour operator to a traveling person."

Transitional and final provisions

§ 22. For import tax charges as at 31 December 2009 of second-hand goods available to 31 December 2011, which are not covered by the special procedure for levying the margin, the right of tax credit deduction, which is not exercised on the date of entry into force of this law may be exercised in some of the twelve tax period from its entry into force.

§ 23. When until 31 December 2011, an advance payment has been received, including exempt delivery, for which this law has changed the tax treatment in the taxable document delivery supplier by issuing an invoice specifying the entire tax base of the delivery. The issued invoice in connection with the advance payment is cancelled and for annulment a protocol under art. 116. in the cases under art. 119 the adjustment shall be made by indicating the payment received with the opposite sign in the report for the sales carried out for the tax period, during which the chargeable event occurs. For delivery shall be applied the tax regime by the date of occurrence of the tax event of delivery under this law.

§ 24. The law shall enter into force on 1 January 2012.

The law was adopted by 41-Otto National Assembly on 7 December 2011 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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