LAW FOR VALUE ADDED TAX
Specific cases of occurrence of the tax event
Art. 26. In the following cases as date of occurrence
of the tax event shall be assumed:
1. at actual conceding of goods under a contract for transfer of ownership
in them under a deferring
condition or term if there is no preliminary (entire or partial) payment
- the date of fulfilment of the
condition or expiry of the term when at normal circumstances the right
of ownership will be transferred;
2. at actual conceding of assets in the sense of the law for accounting
under the conditions of a
contract for financial leasing - the date of each payment or the date
on which it has become exigible;
3. at provision for regular or constant implementation - the date of
each payment or the date on which it has
become exigible;
4.(revoked, SG 111/99)
5. at sale of goods with orders by post - the date on which the seller
receives the payment;
6. at implementing of deliveries with machines for sale or other similar
facilities setting up with coins,
jetons or other similar - the date on which the tax obliged person under
this law takes out the coins or the
jetons from the latter machines or facilities;
7. when a non registered person under this law receives an advance payment
on the occasion of a delivery
and actually implements this delivery after the date of registration
under this law - the date of actual
transfer of the ownership in the goods or the other real rights in them
or the actual finishing of the service.
Tax base in the cases of provision of goods and services
Art. 29.(1) (suppl., SG 103/99) The tax base of the
provision of good or service shall be determined on the basis of the
sum due to the provider by the recipient or by third person for the
provision, defined in levs and stotinki without the tax of this law
and increased with:
1. all other taxes and fees, in this number excise when such are due
for provision, and
2. all received and realised by the provider fundings (subsidies), directly
connected with provision and
3. all interests received by the provider for delay and forfeits directly
connected with provision and
4. the accompanying expenses as commission, packing, transport and insurance,
calculated by the provider
to the recipient.
(2) (amend. SG 109/03) In para 1, item 4 shall not be applied for the
expenses for:
1. the expenses for usual or ordinary packing materials or containers
if according to the terms of the
provision the provider has taken the engagement to restore such sums
after returning back these packing
materials or containers by the recipient;
2. the expenses of lessor and lessee, related to the use of good under
the conditions and within the
term of contract for financial leasing as: expenses for proprietary
insurance, insurance "Civil
responsibility" and like, for the whole or part of the term of
the contract, expenses for proprietary
taxes and fees, road tax, eco-fees and fees for registration.
(3) (suppl. SG 109/01) The sum determined in para 1 and 2 shall be decreased
with the sum of the
commercial discount, the reduction or the discount if they are conceded
to the recipient on the date of
occurrence of the tax event, except the cases when supply with goods
is implemented under art. 23 of the
Law for the tobacco and the tobacco products.
(4) At provision of goods and services against payment in foreign currency
the tax base shall be determined
on the basis of the lev equivalent of this currency according to the
exchange rate announced by BNB by the
date of occurring of the tax event and reduced or increased according
to the provisions of para 1, 2 and 3.
(5) (amend., SG 111/99; suppl., SG 102/00, SG 109/01) The tax base at
the leviable provisions of goods,
for the purposes of this law shall not be possible to be lower than
the tax base of acquiring the good or the
production cost of the produced good, according to the Accountancy Law,
and in the cases when the
commodity is imported - on the tax basis for import.
(6) Para 5 shall not be applied at:
1. (amend., SG 117/02) sale of the goods at market price determined
by the methods under art. 20, item 5,
letter "a" and "b";
2. sale of goods which price is fixed with a normative act;
3. sale of goods, funded (subsidised) by the state or municipal budget;
4. sale of discarded goods for which has been applied the provision
of art. 82;
5. (suppl. SG 109/03) sale of newspapers and weekly magazines;
6. export in the sense of art. 14.
(7) (new, SG 117/02; amend., SG 42/03) The provision of para 6, item
1 shall not apply regarding supplies
of passenger cars unless, on their import in the country they have been
new.
(8) (new, SG 117/02) Considered included in the tax basis of a supply
of goods shall be the cost of the
service related to a subsequent gratuitous guarantee services.
Financial services
Art. 36. (amend., SG 117/02) (1) Financial services in the sense of
this law shall be:
1. the contracting, granting and management of credit for consideration
(interest) by the person
granting it, as well as the granting, contracting and management of
credit for supply of goods under
the conditions of a contract for financial leasing;
2. the contracting of guarantees and transactions with guarantees or
securities establishing rights on
monetary receivables;
3. the transactions, including the contracting, related to bank accounts,
transfers, payments, debts,
receivables, checks and other similar contractual instruments, without
the transactions for debt collection
and factoring;
4. the transactions, including contracting, related to currency, bank
notes, coins, used as legal payment
instrument, with exception of bank notes and coins which are usually
not used as a legal payment
instrument or have a numismatic value;
5. (suppl. SG 109/03) the transactions, including contracting, related
to company shares, stocks or other
securities and their derivatives, with exception of management and safe
keeping; this shall not regard
securities establishing rights on goods or services beyond those under
this article;
6. the management of the activity of investment companies by the order
of the Law for public offering of
securities;
7. the supply of fee and post stamps at nominal or equal sign of the
post stamp;
8. the financial futures and options.
(2) In the cases of supply under the terms of a contract for financial
leasing according to para 1, item 1 the supplier can choose whether
the service of granting credit will be a taxable supply.
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