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List of Legislations > REGULATIONS FOR IMPLEMENTATION OF THE LAW FOR VALUE ADDED TAXREGULATIONS FOR IMPLEMENTATION OF THE LAW FOR VALUE ADDED TAXProm. SG. 19/2 Mar 1999, amend. SG. 55/18.hin 1999, amend SG. 9/1 Feb 2000, corr. SG. 15/22 Feb 2000, amend SG. 12/9 Feh 2001. amend. SG. 15/16 Feb 2001, amend SG. 58/29 Jun 2001, amend. SG. 43/26 Apr 2002, amend SG. 63/28 Jun 2002, amend SG. 29/31 Mar 2003 Art. 1. This regulation shall provide the implementation of the Law for value added tax. Chapter one.SCOPROFTHF, LAWArt. 2. Not independent economic activity in the context of the law shall be: the activity implemented by individuals with employment contract; the activity implemented, provided by a law, for the management and control of corporate bodies by individuals the disposition with personal property by individuals when it is not implemented as profession; the activity of the state bodies and the bodies of local government about which they are not tax obliged persons Art. 3. (1) State bodies in the context of the law shall also be all the corporate bodies established with a law exercising authoritative powers. (2) The activities and the supplies of the state bodies and of the bodies of local government shall be implemented in they arc implemented on the basis of an obligation determined with a normative act; for them are determined a fee with a normative act; they cannot be implemented by a trader except this is assigned to him with a law; they are gratuitous.
The supplies implemented by the state bodies and the bodies of local government shall have as result significant Regardless of the supply of art. 3, para 2, item 1 of the law the state bodies and the bodies of local government
implementing of telecommunication services; supply with water, gas, electricity and steam; load transport; port and airport services; passenger transport; sale of new goods; 7- regulation of a market through sales or purchases of goods: organisation of commercial fairs and exhibitions; storehouse activity: 10. tourist services; 11. advertising services (including letting out advertising areas): letting otit buildings, parts of them and commercial areas. (new, SG 9/00) radio and television activity of commercial nature. Art. 4. Tax obliged person at import of goods shall be any individual or corporate body. Art. 5. (I) (amend., SG 9/00) The ceding of goods or the implementing of services between the branches or structural units of one person shall be internal turnover and shall not be a supply. (2) The conceding of goods and services for consumption to workers and employees shall be a supply only in the cases when the goods or the services are conceded for their personal consumption. Arl. 6. (I) If a supply of a good is accompanied by a supply of a service and the payment is determined as total, it shall be accepted that there is only a supply of a good. If a supply of a service is accompanied by a supply of a good and the payment determined as total, it shall be The stipulations of para 1 and 2 shall not be applied when the tax base of each of the supplys could be determined Art. 7. Importer shall be the person who has required or could require customs direction for the goods at import, determined according to art. 115 of the Regulation for implementation of the Law for customs. Chapter two.EXPORTArt. 8. (revoked, SG 9/00) Art. 9. For proving the export in the context of art. 14, para 1, item 4 of the law the supplyer should dispose with the following documents: written customs declaration for putting the goods under customs regime "active improvement" or "processing a contract according to which he is undertaking the obligation to be implemented processing, reprocessing or documents proving the implemented processing, reprocessing or repair of the goods of item 1; written customs declaration for export or re-export of the processed, reprocessed or repaired goods with which he Art. 10. For proving the export in the context of art. 14, para 1, item 5 of the law the supplier should dispose with the following documents: 1. prepared and sent monthly accounts (invoices) of the foreign telecommunication operators for the value of the or 2. a contract with foreign telecommunication operator, an invoice for it and specification for implemented supplies Art. 11. (revoked, SG 9/00) Art. 11. (new, SG 15/01; Revoked, SG 43/02) Art. 11a. (new, SG 15/01) For proving the export in the context of art. 14, para 1, item 7 of the Law the supplier must have the following documents: (Amend., SG 58/01) reservation form, respectively voucher, for prepaid service by the tour operator or tourist payment statement for the sale of game, hunting trophies and game products and the provided services; customs declaration (UAD) for the export of the game, hunting trophies and game products - in the cases when the Art. 11b. (New, SG 43/02) For proving the export, in the context of art. 14, para 1, item 8 of the law the supplier must have the following documents: contract for transfer of rights on software; invoice; bank documents certifying the payment in full on the respective invoice; (revoked - SG 29/03). Art. 11e. (revoked - SG 29/03) Art. 11d. (New, SG 63/02) For proving the export in the context of art. 14, para 1, item 9 of the law the supplier must have the following documents: a contract for transfer of rights on films; an invoice. Art. 12. For proving the export in the context of art. 15 of the law the supplier shall dispose with the following documents: written customs declaration (unified administrative document) where the supplier has been entered as exporter of tax document for transfer of ownership of the goods or the real rights in these goods; documents for the transport of these goods. Art. 13. (1) For proving international transport of goods in the context of art. 16, items 1-3 of the law the supplier of the service should dispose with the following documents: license for implementing international transport of loads if the transport is automobile; international transport documents where he is recorded as carrier - bill of load, bill of lading, air bill of lading or (2) For proving international transport of goods in the context of art. 16, item 4 of the law the supplier of the service 1. transport documents where the supplier is entered as carrier; 2. a copy of transit customs declaration for transport between two customs offices where is pointed out the (3) For proving international transport of passengers in the context of art. 16 of the law the supplier of the service license for international transport of passengers; document certifying implemented international transport of passengers where is pointed out the identification Art. 14. For proving supplies of services directly connected with international transport in the context of art. 17, item 1 of the law the supplier shall dispose with the following documents: contract where is evident that the sailing vessel, the aircraft or the rolling railway stock will be used by the license or other document certifying the right of the freighter to implement international transport with the copy of a document where it is evident:
initials of the vehicle; crew or brigade; number of flight, sailing or another trip, route, time of departure and time of arrival. Art. 15. (1) Processing of a sailing vessel in an international trip in the context of art. 17, item 2 of the law shall include all operations for accepting, stay and departure of the sailing vessel implemented by the port enterprise on Bulgarian territory. (2) Processing of a sailing vessel in the context of art. 17, item 2 of the law shall be proved with a document issued by the port enterprise of the owner of the ship or his agent for these services where is evident that the sailing vessel implements international trip and are pointed out the number and the date of the trip. Art. 16. (1) Processing of an aircraft in an international flight in the context of art. 17, item 2 of the law shall be the land servicing of the aircraft in the context of §3, item 18 of the Law for civil aviation except the services for which is due state fee by the order of the ordinance for the fees for using the airports for public use and for air navigation services n the Republic of Bulgaria. (2) A document for proving processing of an aircraft in an international trip shall be the document for land services issued by the airport enterprise to the aviation operator receiver of this service where is evident that the aircraft implements international flight and are pointed out the number and the date of this flight. Art. 16a. (new, SG 15/01) (1) Rescue operations, in the context of art. 17, item 2 of the Law, are those operations representing services related to the fight against calamities, liquidation of their consequences, as well as prevention of calamities by prevention measures when these operations are carried out outside the territory of the country. "Calamity" is an earthquake, flooding, conflagrations, landsliding, volcano activity, air or water elements, attacks Services related to rescue operations are:
fighting calamities, including transportation of rescue teams; search, transportation or evacuation of people; supply leasing vehicle for the purposes of the services under item 1. (4) The services related to the rescue operations under para 3 shall be proven by the following documents: 1. when they are carried out by an aircraft: a document issued by the foreign competent body certifying the prevention measures, the calamity or the contract for the services; certificate for aviation operator; statement for the performed services in hours or for other index for the type of the service; invoice; 2. when they are carried out by a vessel: documents proving the provided services according to the Code for the commercial sea navigation; invoice; 3. when they are carried out by a mobile railway composition: documents proving the provided services; invoice. Art. 17. (1) The processing of rolling railway stock of international trip in the context of art. 17, para 2 of the law shall be: shunting for movement of the carriages to and from load distribution places; stay of the carriage at loading and unloading; measurement of empty carriages at a carriage weigh - bridge loading; measuring of loaded carriage at a carriage weigh - bridge; disinfection, disinsection and deratisation of carriages for loading with loads which require this according to BSS; maintaining of temperature regime during the loading and the transport of loads which require such; implementing customs and other administrative formalities connected with the transport of goods from import and shunting and pulling, including ordering of the carriages from and for ferryboat; change of bogies of carriages with different track gauge. (2) Documents for proving the processing of rolling railway stock in international trip shall be: copy of bill of lading CIM or copy of bill of lading SMGS, slip model 312c. Art. 18. (1) Transport processing of goods transported with a sailing vessel, aircraft or rolling railway stock in the context of art. 17, item 3 of the law shall be: unloading and loading, reloading, arrangement and stabilising of the goods from or on a sailing vessel, aircraft or rolling railway stock. Documents for proving transport processing of goods transported with a sailing vessel, aircraft or rolling railway (new, SG 9/00) The documents for proving the transport processing of the commodities carried by a vessel, Art. 19. The transport processing of passengers transported with a sailing vessel, aircraft or rolling railway stock in international trip in the context of art. 17, item 3 of the law shall be proven with the document for the processing of the corresponding vehicle in international trip. Art. 20. (1) For proving of supply of services for the construction of a ship or an aircraft in the context of art. 17, item 4 of the law the supplier should dispose with a contract for the construction of a ship or an aircraft. (2) For proving the supply of services for maintenance, repair, modification, transformation, assembling, equipment, transport and destroying of a ship or aircraft in the context of art. 17, item 4 of the law the supplier shall dispose with a contract with the owner of the ship or the company exploiting the aircraft, for implementing the corresponding service in which shall be evident the name and / or the number of the corresponding vehicle. Art. 21. For proving the supply of a sailing vessel, an aircraft or rolling railway stock in international trip in the context of art. 17, item 5 of the law the supplier shall dispose simultaneously with the following documents: order for fuelling, stock receipt for fuelling, supply sheet, delivery certificate or another document for supply with written customs declaration with which the supplier is recorded as exporter. Art. 22. For proving forwarding service in connection with international transport in the context of art. 17, item 6 of the law the supplier shall dispose with the following documents: 1. a copy of transport document for international transport in connection with which are rendered forwarding services a) a copy of written customs declaration showing the place in the country where the goods has been processed as or b) a copy of transit customs declaration for transport between two customs offices; 2. an invoice for the forwarding services for organising, implementation or servicing of international transport and Art. 23. (1) The agent service in connection with international transport in the context of ar. 17, item 6 of the law shall be the service which the ship agent concedes to the owner of the ship and / or the captain of the ship in connection with all the formalities and activities for arrival, stay and departure of the ship. (2) For proving the service of para 1 the supplier shall dispose simultaneously with the following documents: distributor's account; contract between the owner of the ship and his ship agent. Art. 24. (1) A broker's service in connection with international transport in the context of art. 17, item 6 of the law shall be the conceding of service for sea intermediation in the sense of art. 226 - 230 of the Code for sea sailing. (2) For proving the service of para 1 the supplier shall dispose simultaneously with the following documents: contract for sea intermediation; invoice for the service. Art. 25. For proving of courier service in connection with international transport in the context of art. 17, item 6 of the law of para 1 the supplier shall dispose simultaneously with the following documents: bill of lading; invoice for transport service or document with which the sender undertakes the obligation to pay in case the Art. 26. For proving postal services in connection with international transport in the context of art. 17, item 6 of the law the supplier shall dispose with lists of documents for handing over, used at exchange of international postal dispatches according to the Regulation for implementation of the Universal postal convention and the Regulation for implementation of the agreement for postal parcels. Art. 26a. (new, SG 15/01) For proving the carrying out of services in connection with the sale of air fares for international transportation in the context of art. 17, item 7 of the Law the contractor must possess the following documents: contract for carrying out intermediary service in connection with the sale of air fares for international account of the sales of air fares, worked out and presented to the airline according to the contract with it and Art. 26b. (new, SG 9/00; prev. Art.26a - SG 15/01) (1) In the cases under art. 14, para 3 of the law the registered person shall correct the type of the delivery by cancelling the issued tax document for it and issuing a new one, applying the general provisions of the law. (2) The correction under para 1 shall be made not later than the last day of the calendar month following the calendar the ownership of the commodity; the commodity has left the territory of the country; the service has been fulfilled. (3) When, subsequently, the registered person acquires the documents for proving the export he shall correct the Chapter three.PLACE OF IMPLEMENTATIONArt. 27. In the cases of supplies of goods which are transported from a place out of the territory of the country to a place on the territory of the country, the place of implementation of the supplies shall be on the territory of the country if the supplier of the goods is also importer. Art. 28. In the cases of supplies of services of art. 22, para 1, item 5 of the law the place of implementation shall be on the territory of the country if the supplier has headquarters or site on the territory of the country. Art. 29. The permanent address or the usual place of stay in the context of art. 23 of the law shall mean the place written as such in a passport or a personal identity card and if there are no such - in other identity documents. Chapter four.TAX EVENTArt. 30. (1) Tax event in the context of the law shall be every supply implemented by the tax obliged persons under the law including the supplies with place of implementation out of the territory of the country. Tax event shall also be the export of goods in the context of art. 14 of the law, implemented by the tax obliged tax event shall also be the import of goods in te context of art. 11 of the law. Chapter five.DATE OF OCCURRENCE OF THE TAX EVENTArt. 31. (amend. SG 29/03) The service shall be considered as finished in the context of the law on the date when occur the conditions to be recognised the income from it according to the Law for accounting and the applicable accounting standards. Art. 32. (1) When advance or partial payments precede the transfer of the right of ownership or the other real rights in goods or the finishing of the service the tax event shall occur on the date of each payment. (2) (Revoked, SG 43/02) Art. 33. (amend., SG 9/00) In the cases of art. 26, items 2, 3, and 5 of the law each occurred tax event shall be accepted as separate supply. Art. 34. (1) When at supply the payment or part of it is agreed in kind as goods or service, it shall be accepted that two supplies take place where the supplier of the one is receiver of the other. (2) The tax event for both of the supplies of para 1 shall occur on the date of occurrence of the earlier of them. Chapter six.TAX BASEArt. 35. (1) In the cases when advance or partial payments precede the transfer of the right of ownership or the other real rights in goods or the finishing of the service the tax base of the supply shall be determined on the basis of each payment assuming that the due tax is included in the received payment if the supply is liveable. (2) In the cases of para 1 after the transfer of the right of ownership or the other real rights or the finishing of the service the changes of the tax base and the due tax shall be documented with the issuing of debit or credit notification to a tax or simplified invoice. Art. 36. The taxes and the fees of the Law for the local taxes and fees shall be included in the tax base for the supplies for which they are due. Art. 37. The tax base of supplies by the order of art. 30 of the law shall be determined as follows: 1. at transfer of the ownership in buildings or parts thereof the tax base shall b equal to the higher of: the tax base determined between the parties increased with the due taxes and fees for the transfer; the tax base according to art. 46 of the Law for the local taxes and fees; 2. (Amend., SG 63/02) at transfer of ownership of motor vehicles the tax base shall be equal to the higher of: the tax base determined by the order of art. 29 of the law; the insurance value of the transport vehicle. Art. 38. (1) (amend., SG 9/00; revoked, SG 43/02) (amend. SG 29/03) The financing (subsidies) shall be considered as spent when the conditions occur for When the received financing (subsidy) is additional payment simultaneously for leviable and for exempt supplies Art. 38a. (new, SG 15/01) Financing (subsidy) shall not be considered in the context of the law the expedient gratuitous monetary resources (cash donations) submitted to local persons by virtue of an international agreement party to which is the Republic of Bulgaria, ratified, promulgated and enacted by the respective order, when they do not represent additional payment for the supplied commodity or service to third persons. Art. 39. The forfeits due on the occasion of terminating of a contract shall not be subject to levying with VAT. Art. 40. (1) Ordinary or usual packing materials or containers in the context of art. 29, para 2 of the law shall be only these which are destined for manifold use without reprocessing as bottles, cases, cans, drums, pallets, casks, tanks, containers etc., after bringing them in compliance with the hygiene and sanitary requirements. (2) art. 29, para 2 of the law shall not be applied when are bought out packing materials from which after recycling are produced again packing materials with the same designation. Art. 41. (1) (Suppl., SG 43/02) Art. 29, para 3 shall be applied regardless of whether the commercial discount or the rebate id conceded under the form of money, goods or services. The trade discount for supply of commodities according to art. 32 of the Law for the tobacco and tobacco products shall be included in the tax base of the supply regardless of the date of its fulfilment. The conceding of goods or services which are not connected with the subject of the supply o the occasion which The goods or the services shall be connected with the subject of the supply in the context of para 2 if they are of When commercial discount or rebate are conceded after the date of occurrence of the tax event their value shall Art. 42. (1) (amend. SG 9/00; revoked, SG 43/02) (amend., SG 9/00, revoked - SG 29/03) (amend., SG 9/00) The condition of art. 29, para 6, item 2 of the law shall also be considered fulfilled when the The conditions of art. 29, para 6, item 4 of the law shall be considered as fulfilled also in the cases when a good is Art. 43. The market price of art. 30, para 3 of the law shall be determined by the date of occurrence of the tax event. Art. 44. (amend., SG 15/01) The tax base at import of goods shall also include all due customs receivables, excise, fees and instalments, including the fees for the liquid fuels under the Law for the roads and the Law for protection of the purity of the atmospheric air and the instalments for fund "Tobacco" according to the Law for the tobacco and tobacco products. Chapter seven.XEMPT SUPPLIESArt. 45. (revoked - SG 29/03) Art. 46. (1) (prev. art. 46 - SG 9/00) Derivatives of securities in the context of art. 36, item 6 of the law shall be: investment portfolios, coupons of bonds and similar. (2) (revoked - SG 29/03) Art. 47. (1) (revoked - SG 29/03) Equalled mark of post stamp shall be the printout of a post stamp on the envelope, published and introduced in (revoked - SG 29/03) Art. 48. (1) (Revoked, SG 43/02) (2) The prosthesis and the auxiliary technical means for disabled in te sense of art. 41, item 4 of the law are the pointed out In appendix No 2. Art. 49. The provision of art. 47 of the law shall not be implemented at sale of pawned or mortgaged chattel with objective satisfaction of the secured creditor with the same pawn or mortgage. Art. 50. (1) (suppl., SG 15/01) Bread grain in the sense of art. 51, item 1 of the law shall be the grain from wheat and rye and fodder shall be those of maize, barley, triticale, oats, soy beans, fodder peas and millet. "Rent is a rent, leasing or other paid ceding of farm land. (2) the tillage of land property of a member of the cooperative with machines ownership of the cooperative shall be exempt from supply in the context of art. 51, item 2 of the law also when this land has not been input for use by the cooperative. Art. 51. Cultural valuable in the context of art. 52, para 1 of the law shall be the works of art, the subjects of collections and the antique Art.s regulated in art. 84 of the law. Chapter eight.CALCULATION AND DETERMINING OF THE TAXArt. 52. (1) (amend., SG 9/00) The registered person shall be obliged to calculate the tax for each leviable supply implemented by him within 5 days from the date of occurrence of the tax event. (2) (amend., SG 9/00) The registered person shall be obliged to calculate tax also for each supply received by him in the cases of art. 61 and art. 91 a, para 5 of the law. (amend., SG 9/00) The calculation of the tax shall be made with the issuance of a document and recording the tax (amend., SG 9/00) The calculation of the tax shall be made with the issuance of a tax document except in the (amend., SG 9/00, amend. SG 29/03) The calculation of a tax in the cases under art. 58a, 61 and art. 91a, para 5 The tax shall not be charged by persons who are not registered under the law. Art. 53. (1) The extent of the tax for each supply shall be determined with the following formula: T = (TBxTR)/ 100, Where: T is the extent of the tax for the concrete supply; TB - the tax base of the concrete supply; TR - the corresponding tax rate. (2) When the tax is accepted as included in the announced or contracted price, the extent of the tax shall be determined with the following formula: T = (PxTR)/(100 + TR), Where: T is the extent of the tax for the concrete supply; P - the contracted price with included tax or the announced retail price for certain supply; TR - the corresponding tax rate. Art. 53a. (new, SG 9/00) (1) The registered person shall calculate a tax for gratuitous ceding of commodities and gratuitous services with advertising purpose. Para 1 shall not apply and tax shall not be calculated in the cases of the gratuitous ceding of commodities or In the cases under para 2 it shall be adopted that the received commodities and services used for advertising Art. 54. (1) The registered person shall be obliged to calculate tax for the supply and in the cases of sale of pawned or mortgaged by him chattel with objective to satisfy the secured creditor (2) In the cases of para 1 the person empowered by the corresponding special law to implement the sale shall pay the due tax for the sale to the bank account of the debtor. Art. 54a. (new, SG 9/00) (1) In the cases of public sale by the order of Chapter Nineteen of the Tax Procedure Code the registered person shall not charge a tax for the sale of the property or the real estate. (2) If a registered person, entirely or partially has deducted as a tax credit the charged tax for the property or real estate sold according to para 1, he shall introduce adjustments of the used tax credit by the order of art. 81 of the law. Art. 55. When the payment for the transfer of ownership of building or part of it precedes in time the transfer of ownership, the supplier shall issue tax credit or credit notification for the supply for deduction from the charged tax the sums of state fees and local taxes and fees paid on the occasion of the transfer. Art. 56. (1) tax at import of goods shall be charged regardless of whether the importer is registered or unregistered person under the law. (2) In the cases of exemption at import tax shall not be due but shall be entered in the customs declaration. Art. 56a. (new - SG 29/03) The importer, received permission, issued by the order of art. 56b of the law, shall present to the respective customs department, registering the import, the following documents: written customs declaration (SAD) for import, in which he declares, that he will use the special order for order by the Minister of Finance, issued pursuant to art. 56b, para 5 of the law; 3. written declaration, with which the person certifies that by the moment of implementing of the import it has been registered under the law and it does not have exigible tax liabilities and liabilities to the obligatory public and health insurance. Before implementing of the import the customs bodies can require information about the concrete delivery of the At applying the special order for calculating of VAT for import the tax shall be entered in the customs declaration Art. 57. (1) (amend., SG 15/01; amend., SG 43/02) When in an international agreement in which the Republic of Bulgaria is a party, ratified and promulgated by the due order, it is provided exemption from taxes, duties or other takings (payments, levying) with effect of indirect tax at import, the exemption shall be implemented on the basis of written confirmation by the body coordinating the implementation of the contract to the regional customs directorate where customs office is implementing customs registration for each concrete supply. (2) (amend., SG 15/01; amend., SG 43/02) The written confirmation shall contain: name, date of promulgation and date of enactment of the international agreement, accord, contract, convention or name of the programme or project financed by resources in fulfilment of the international agreement under item 1; number, date and subject of the contract concluded in fulfilment of the international agreement and according to name, headquarters, address of management, BULSTAT, number of the National Tax Register (for foreign person type, quantity and value of the imported commodities in connection with the fulfilment of the contract under item 6. information for the persons authorised to sign contracts or make payments by resources granted under the (revoked, SG 15/01) (revoked, SG 15/01) Art. 58. (1) In the cases of exemption from customs sums according to section one "Exemption from customs sums" of part three "Customs alleviation" of the regulation for implementation of the Law for customs from VAT shall be exempt only the goods pointed out in art. 59, item 9 of the law. (Amend., SG 43/02) In the cases of exemption from tax the import of goods on the basis of art. 59, item 6 of the The provision of art. 59, item 8 shall be applied also for the bodies of national security pointed out in art. 751 of (New, SG 43/02) In the cases of tax exemption for import of commodities pursuant to art. 59, item 11 of the law (amend., SG 9/00; prev. para 4 - SG 43/02, amend. SG 29/03) No tax shall be due at import of goods, which have
they have been re-imported in unchanged condition within the terms of art. 183 of the Law of the customs; they are imported after repair (mending) if the conditions of art. 154 of the Law of the customs have been fulfilled. (6) (amend., SG 9/00; prev. para 5 - SG 43/03) The provision of art. 59, item 18 of the law shall apply only in the Art. 59. (amend., SG 15/01) The provisions of art. 60 of the law shall be applied also in the cases when the Director of Agency "Customs" has exercised his right to determine other extent of the security of the customs sums or to permit security not to be required according to the Law for the customs and the regulation for its implementation. Art. 60. (revoked - SG 29/03) Chapter nine.TAX CREDITArt. 61. (1) The right to tax credit in the context of art. 64 for received supplies with charged tax shall be at hand when for the receiver are fulfilled simultaneously the following conditions: the receiver of the supply for which a tax has been charged is a person registered under the Law for VAT by the (amend. SG 29/03) the tax for the leviable supply has been charged in the sense of art. 55, para 6 of the law by a the supply for which the tax is charged is leviable by the date of occurrence of the tax event; the received as leviable supply good or service has been used, is being used or will be used for implementing the receiver has tax invoice or tax debit notification meeting the requirements of the Law for accounting and the
(revoked, SG 9/00) (revoked, SG 9/00) Art. 62. (1) The right to tax credit in the context ofart. 64 of the law at import of goods shall exist when the following conditions are simultaneously implemented: the importer of the good is a registered person under the law by the date of issuing the customs declaration for (suppl. SG 29/03) the tax for import of goods is charged by the customs authorities and is paid to the state budget the good received from import has been used, is being used or will be used for implementing leviable supplies; the importer has written customs declaration about the import of goods where he has been entered as titulary. (2) The right to tax credit shall exist also for the paid tax in the cases of import of goods under regime "active improvement" under the systems for restoration. Art. 63. Representing measures in the context ofart. 65, para 1, item 1 of the law shall be: welcome, stay and seeing off guests and delegations; sleeping; consumption of food and drinks, organising business meetings; celebrations, entertainment events; excursions. Art. 64. No deduction as tax credit in the context ofart. 65, para 1, items 2 and 3 of the law shall be made for the tax charged for the registered person for acquired (including hired) by him: automobiles where the number of seats without the place of the driver does not exceed 8 except the cases provided motorcycles; spare parts and equipment for the vehicles of items 1 and 2; repairs and maintenance of the vehicles of items 1 and 2; fuels and oils for the vehicles of items 1 and 2. Art. 65. (1) The charged tax for the goods and the services of art. 64 shall be possible to be deducted as tax credit only in the cases when the registered person implements with them as basic activity the following supplies: transfer of ownership or real rights in these vehicles and goods; transport services with these vehicles; repairs of such vehicles; letting out these vehicles; training drivers in the context of the Law for movement for on roads with these vehicles.
The implementation of supplies of para 1 shall be basic activity of the registered person when the total value of (revoked - SG 29/03) Tax credit of para 1 shall exist from the beginning of the month following the one for which is fulfilled the The permanently mounted additional technical equipment shall be for the purposes of the implemented activity Art. 66. (1) The registered person shall have the right to tax credit for: (suppl., SG 9/00) received goods and services which the person has used, is using or will use with advertisement special working clothing and personal protection means, food free of charge and anti-poisons which the person has (2) The registered person shall not have right to tax credit for: received goods and services which the person has used, is using or will use for implementing of exempt supplies; received goods and services from gratuitous supplies; received goods and services in connection with persons sent to a field trip by him. Art. 67. (1) The registered person shall have right to full tax credit for the received by him leviable supply of goods or services as well as from import when he has done, is doing or will do with the goods or the services subject of the supply only leviable supplies. (2) The extent of the tax credit in the cases of para 1 shall be equal to the charged tax for the received supply or import. Art. 68. (1) The registered person shall have the right to partial tax credit for received by him leviable supply of goods or services as well as from import when he has implemented, is implementing or will implement with the goofs or the services - subject of the supply both leviable and exempt services and at receiving the goods or the services cannot determine what part of them has used, is using or will use for implementing leviable supplies and what part - for exempt supplies. (2) The extent of the tax credit in the cases of para 1 shall be determined with the following formula: Where: TC is the tax credit; CT - the charged tax for the received supply or for import of goods or services which have ben used, are being used or will be used both for leviable and for exempt supplies; C - the coefficient determined on the basis of the supplies implemented by the person for the tax period, charged with the following formula and rounded up to the seventh digit after the point: C = TLS / B, Where: TLS is the sum of the tax base of the implemented by the registered person leviable supplies for the tax period, including export and leviaable supplies of art. 62 and 92 of the law; B - the sum of all the tax bases of all the supplies implemented by the person, including the exempt ones except: the received interests from payment (current) accounts and deposit accounts; the supplies for transfer of enterprises in the context of art. 44 of the law; the supplies on the occasion of gratuitous disposing with assets of the state or the municipalities in the context of the legal activities for securing of receivables in the context of art. 47 of the law; the grants under art. 49 of the law. (3) The extent of the tax credit of para 2 shall be recharged submitting the annual reference - declaration. In these Art. 69. The total amount of the tax credit for the registered person shall be equal to the sum of the tax credit for the supplies with right to full tax credit and the tax credit for the supplies with right to partial tax credit. Chapter ten.SPECIAL REGIMES FOR USE OF TAX CREDITArt. 70. (1) (amend. SG 15/01) The right to tax credit by the order of art. 68 of the law shall emerge only for the existing assets described in a registration description according to a model (appendix No 3), submitted by the third day including after the date of registration under the law. In the cases of para 1 when the asset has been used, is being used or will be used for both leviable and exempt (amend., SG 15/01) The right to tax credit by the order of art. 70 of the law shall emerge only for the existing In the cases of para 3 the person shall have right to full tax credit regardless of whether the asset has been used, is Art. 71. (revoked, SG 15/01) Art. 72. When the received service of art. 61 of the law is used both for leviable and for exempt supplies, for the charged tax the person shall have right to partial tax credit. Chapter eleven.DEDUCTION, SUBTRACTION AND RESTORATION OF RESULT FOR THE PERIOD - TAX FORRESTORATIONArt. 73. (1) (amend., SG 9/00) When a registered person declares in a reference - information for certain tax period tax for restoration in the context of art. 76 of the law and the same person has established and unpaid tax liabilities by the date of submitting the reference - information, the tax body shall deduct these liabilities with the pointed out tax for restoration. (amend., SG 15/01; amend., SG 43/02) In case till the elapse of the tax period during which the registered person (amend., SG 15/01; amend., SG 43/02) The three-month tax periods in the context of art. 77, para 1, item 2 of the
(amend., SG 15/01; amend., SG 43/02) The deduction under art. 77, para 1, item 2 of the law shall be (amend., SG 15/01; amend., SG 43/02) If the tax is not subtracted entirely and there is a remainder from it after (amend., SG 15/01; amend., SG 43/02) If during the three-months tax periods during which is subtracted from the (amend., SG 15/01; amend., SG 43/02) In case the person has subtracted entirely the remainder of para 1 or the (amend., SG 15/01; amend., SG 43/02) In case during the three-month periods when the person subtracts the Art. 74. (1) (amend., SG 15/01; amend., SG 43/02) In the cases of art. 77, para 1, item 4 of the law the registered person shall point out in box 80 of the reference - declaration for the last of the three tax periods the sum of the tax subject to restoration in 45 days term - the remainder of the tax for restoration which has not been deducted during the procedure, and the occurred tax for restoration during the time for restoration during the procedure. (amend., SG 15/01; amend., SG 43/02) In the cases of para 1 the person shall be obliged to submit information In the cases of terminating of the registration under the law if the person is in a procedure of deduction under the The tax body shall be able to require the submitting of reference for implemented deduction under para 2 also for Art. 75. (1) (amend., SG 9/00) If for a registered person exist the circumstances of art. 77, para 2 of the law and the person exercises his rights under them, by pointing out in box 80 of the reference - declaration for the period the tax for restoration subject to restoration or deduction in 45 days term. (2) If during a current procedure for restoration under the sense of art. 77, para 1, item 2 of the law a registered person declares tax for restoration and for the person exist the circumstances of art. 77, para 2 of the law and the person exercises hir right under them the sum of this tax shall not participate in the procedure fir deduction and shall be restored under the order of art. 77, para 2 of the law. Chapter twelve.CORRECTIONS OF USED TAX CREDITArt. 76. (1) A registered person that has deducted entirely as a tax credit the sum of the charged tax for produced, purchased or acquired in another way goods and services and afterwards uses them for both implementing leviable supplies and exempt supplies shall implement a correction pursuant to art. 84, para 4 of the law charging tax which extent shall be determined with the following formula: T = (VxTR)(l-C)/100, Where: T is the sum of the charged tax; V - the initial value of the produced, purchased or acquired I another way asset or the value of the received service; TR - the tax rate; C - the coefficient of art. 68 determined on the base of the implemented supplies during the year including the tax period in which the person uses the good or the service both for implementing exempt and leviable supplies. (2) (amend., SG 9/00) The correction according to para 1 shall be implemented during the first tax period after the elapse of the year including the first tax period during which the person uses the good or the service for implementing both exempt and leviable supplies. Art. 77. (1) For implementing the correction of the used tax credit and charging of tax by the order of art. 81 and 82 of the law shall be compiled a record which shall contain apart from the requisites of art. 8, para 1 of the Law for accounting also: number, date; basis for implementing the correction; description of the good or the service; the extent of the charged tax at tax at the correction. (2) The charging of tax under art. 81 and 82 of the law shall be implemented reflecting the record of para 1 in the reference - declaration and in the diary for sales for the tax period where is contained the date on which the correction has been made. Chapter thirteen.SUPPLIES OF SECOND HAND GODS, ART.S OF ARTS, ART.S OF COLLECTIONS AND ANTIQUE ART.SArt. 78. Articles of art in the context of art. 84, item 2 of the law shall be the goods pointed out in appendix No 6. Art. 79. (1) The registered persons - dealers shall document the sales of second hand goods, the articles of art, the articles of collections and antiques implemented by them issuing simplified invoices and notifications for simplified invoices. (2) The invoices and notifications for simplified invoices as well as the supplies for which no tax document gas been issued of para 1 shall be described in the sales diary for the corresponding period without filling in analytical information about them in the diary. Art. 80. (1) At the end of each tax period the dealers shall charge tax for the supplies implement by them under chapter nineteen of the law compiling a record. (2) The record of para 1 shall include the following information: tax period; description of the good - second hand, articles of art, collection articles or antique articles; purchase price of the good of item 2; sale price of the good of item 2; difference between the total sum of the sale prices and the purchase prices; charged tax.
For the sales with public tender a separate record shall be compiled. The records of para 2 and 3 shall be described in the sales diary for the tax period filling also analytical Art. 81. (1) For the implementation of art. 89, para 2 the registered person - dealer shall submit annual declaration (appendix No 7) till April 15 of the year following the one for which is submitted. In the cases when the used tax credit during the year under art. 88, para 2 of the law exceeds the charged tax The tax of para 2 shall be paid to the state budget in 3 months after the submitting of the annual reference - Art. 82. (1) The average margin of the dealer shall be determined on the basis od the implemented supplies under chapter nineteen of the law during the last 12 months before the date of the termination of the registration of the dealer according to the following formula: AM = (SP - PP) / PP, Where: AM is the average margin rounded to the seventh digit after the decimal point; SP - sales prices of the second hand good, the articles of art, the articles of collection or the antique articles subject to supply during the period; PP - purchase price - the sum of the purchase prices of the second hand goods, articles of art, articles of collection or antique articles subject to supply during the period. (2) The tax at termination of the registration of a dealer shall be determined with the following formula: Where: T is the due tax on the occasion of the termination of the registration of the dealer for the existing second hand goods, articles of art, articles of collections and antique articles; PP - purchase price of the existing second hand goods, articles of art, articles of collections and antique articles; AM - average margin determined according to para 1; TR - the tax rate applicable for the supplies under art. nineteen. (3) The dealer shall be liable with tax by the general order at termination of the registration for the existing assets for Chapter thirteen. "a" DELIVERY OF INVESTMENT GOLD (new, SG 9/00, com, SG No 15/00) Art. 82a. Deliveries related to investment gold in the context of the law are: deliveries of investment gold including: delivery of investment gold submitted by certificates for distributed or not services of agents who act on behalf and for the account of another person in connection with a delivery of Art. 82b. (revoked - SG 29/03) Art. 82c. In the cases when the supplier wishes to exercise his right under art. 91a, para 2 of the law he shall indicate that by including in the issued tax document for the delivery the text "This delivery is taxable and the right under art. 9la, para 2 of LVAT has been exercised for it". Art. 82d. In the cases under art. 9la, para 5 of the law the supplier shall obligatorily indicate that the tax for the delivery will be calculated by the recipient, including in the issued tax document for the delivery the text: "For this delivery, pursuant to art 91a, para 5 of LVAT the recipient must charge a tax on the added value amounting to ..." pointing out the size of the tax. Art. 82e. For the supplies related to investment gold, as well as for the supplies under art. 9la, para 5, item 1 the persons registered under the law shall issue tax documents which, besides the requisites under art. 8, para 1 of the Accountancy Law and art. 94 or art. 97 of the law must obligatorily contain the following information: description of the gold, enough to identify it, at least as: form, weight, purity, etc.; date and address of the physical delivery of the gold; name, address and UCC and/or type, number, issuer of official identification document of the persons issuing the Chapter thirteen. "b" DELIVERY OF TOURIST SERVICES (new, SG 9/00, corr., SG No 15/00) Art. 82f. (Amend., SG 63/02) (1) The tax of the supply of general tourist service in the cases of art. 91e, para 1 of the law shall be determined by the following formula: D = DC (OS - PokOb)/(100 +DC) where: OS is the total sum, paid or to be paid by the client or the third person for the supply, including the subsidies and financing directly related to this supply, the taxes and duties, as well as the one-time expenses, such as commissions and insurance charged by the supplier to the recipient, but without the discounts; PokOb - the sum paid or to be paid for the supply of commodities and services received from the tour operator or the tourist agent by other taxable persons, of which the tourist avails himself directly, including the tax according to the law; DC - the respective tax rate. (2) The tax for delivery of a general tourist service in the cases under art. 91e, para 2 of the law shall be determined by the following formula: D = 0.35 DC (OS - PokOb)/(100+ 0.35DC) where: OS is the total sum, paid or to be paid by the client or the third person for the supply, including the subsidies and financing directly related to this supply, the taxes and duties, as well as the one-time expenses, such as commissions and insurance charged by the supplier to the recipient, but without the discounts; PokOb - the sum paid or to be paid for the supply of commodities and services received from the tour operator or the tourist agent by other taxable persons, of which the tourist avails himself directly, including the tax according to the law, but without that part of it entitled to a tax credit pursuant to art. 9 If, para 2 of the law; DC - the respective tax rate. Art. 82g. (Amend., SG 63/02) (1) In the cases under art. 91h of the law the exempt part of the general tourist service shall be determined by the following formula: Och = (OC-PokOb) x K, where OS is the total sum, paid or to be paid by the client or the third person for the supply, including the subsidies and financing directly related to this supply, the taxes and duties, as well as the one-time expenses, such as commissions and insurance charged by the supplier to the recipient, but without the discounts; PokOb - the sum paid or to be paid for the supply of commodities and services received from the tour operator or the tourist agent by other taxable persons, of which the tourist avails himself directly, including the tax according to the law, but without that part of it entitled to a tax credit pursuant to art. 9 If, para 2 of the law; K - coefficient determined on the basis of supplies received by the person, of which the tourist has availed himself directly, calculated by the following formula and rounded up to the seventh digit after the decimal point: where Pok is the sum paid or to be paid for the commodities and services received from the tour operator or the tourist agent or other taxable persons, of which the tourist avails himself directly, which have a place of fulfilment out of the territory of the country; PokOb - the sum paid or to be paid for the supply of commodities and services received from the tour operator or the tourist agent by other taxable persons, of which the tourist avails himself directly, including the tax according to the law, but without that part of it entitled to a tax credit pursuant to art. 9 If, para 2 of the law; (2) In the cases under art. 91h of the law the size of the tax for the general tourist service shall be determined by the D = (DOxDS)x(l -K)/100, where DO is the tax basis of the delivery of general tourist service; DS is the tax rate applicable for the delivery of a general tourist service; K - the coefficient determined according to para 1. (3) When the provision of art. 91h of the law is applicable and the tax is adopted as included in the declared or D = [(OS - PokOb) x DS] x (1 - K) / (100 + DS), where: OS is the total sum, paid or to be paid by the tourist without the due tax for the delivery; PokOb - is the tax basis and the tax for the delivery of commodities and services received from the tour operator or the tourist agent by other taxable persons, of which the tourist avails himself directly and which are used for fulfilment of the delivery of the general tourist service; DS is the tax rate applicable for the delivery of a general tourist service; K - the coefficient determined according to para 1. Art. 82h. (New, SG 63/02) In the cases under art. 9 If, para 2 of the law the tour operator or the tourist agent shall register the received documents in the purchase journal as: the part of the charged tax for which there is no right to a tax credit (35 percent of the charged tax) shall be pointed the full size of the tax basis of the supply and the part of the tax with the right to a full tax credit (65 percent of the Art. 82 i. (New, SG 63/02) (1) The tour operators and the tourist agents shall document the supplies of general tourist services carried out by them, including the received advance payments on such supplies by the issuance of simple invoices and notices to simple invoices. The simple invoices under para 1 shall be issued by the registered person - supplier within 5 days from the date of The invoices and the notices to simple invoices under para 1 shall be registered in the accountancy and in the Art. 82j. (New, SG 63/02) (1) For occurrence of a tax event for the supply of a general tourist service the tour operator or tourist agent shall charge a tax for the supply of general tourist service provided by them, drawing up written records not later than 5 days from the occurrence of the tax event. (2) The records under para 1 must correspond to art. 7, para 2 of the Accountancy Law and must contain the following information about the supply of the tourist service: date of occurrence of the tax event for the supply; description of the supply; number and date of the tax documents issued in connection with the supply; the total sum which the tour operator or the tourist agent has received or will receive from the client or from the description of the commodities and services received by the tour operator or tourist agent from other taxable 6- The tax basis of the supply; 7. charged tax for the supply. (3) In case of a change of the tax basis of the supply for which records under para 2 have been issued the correction number and date of the records which shall be adjusted; the grounds for the change of the tax basis of the supply; the adjustment of the tax basis and the tax for the supply. (4) The records under para 2 and 3 shall be registered in the accountancy and shall be entered in the sales journal for Art. 82k. (New. SG 63/00) (1) The provisions of art. 82f - 82j shall not apply if the supplier has exercised his right under art. 9ij. para 1 of the law. (2) (suppl. SG 29/03) In the cases under art. 91j, para 4 and 5 of the law, when the tax is considered included in the contracted price its size shall be determined by the following formula: D - 0.35DC x C/ (100 + 0.35DC), where C is the contracted price with included tax; DC - the respective tax rate. Art. 821. (New, SG 63/02, amend. SG 29/03) (1) For proving of the deliveries of art. 91e, para 2 and art. 91j, para 4 of the law the supplier must have the following documents: licence for carrying out tour operator's activity or activity as a tourist agent: contract for organised travel with foreign person, who is not registered under he law; copy of the tourist vouchers; copy of the register of the accommodated tourists. (2) For proving of the deliveries of ait.. 91j, para 5 of the law the supplier must have the following documents: contract for conceding of basic tourist services with foreign tour operator, which is not a person registered under copy of the tourist vouchers; copy of the register of the accommodated tourists. Chapter fourteen.EXEMPTION FROM 'FAX BY FORCE OF INTERNATIONAL AGREEMENTS, PACTS, CONVENTIONS ANDLIKEArt. 83. (amend., SG 15/01; amend., SG 43/02) (I) The person, main contractor under the contract of para 2, item 3, shall file a written request for confirming the presence of grounds for using the regime under art. 92 of the Law to the territorial tax directorate - Sofia. (2) The request under para 1 must contain: (suppl. SG 29/03) name, date of promulgation, date of enactment of the international agreement, concord, contract, (amend. SG 29/03) name of the programme or project in connection with which are implemented the deliveries, (amend. SG 29/03) original copy or a certified copy of the contract concluded in fulfilment of a programme or name, headquarters, address of management, BULSTAT and number of the National Tax Register of the taxable name, headquarters, address of management, BULSTAT and number of the National tax Register of the
Within 14 days from receiving the request the territorial tax directorate - Sofia shall send to the taxable person Coordinating body in the context of this chapter is a Bulgarian or foreign corporate body or organisation who is The statute of coordinating body under para 4 shall be certified in the territorial tax directorate - Sofia by a Main contractor in the context of this chapter is a person who is supplier of commodities and/or services under Art. 83a. (new, SG 15/01; amend., SG 43/02, amend. SG 29/03) (1) Exemption pursuant to art. 92, para 2 of the law shall be admitted only if in the respective international contract is provided exemption of leviable deliveries from value added tax or from tax, charge or taking with effect, equivalent to an indirect tax with regard to the part, which is not financed from the republican or the municipal budget. (2) Exemption pursuant to art. 92 of the law shall be admitted only with respect to deliveries, implemented by the basic supplier(s). Art. 83b. (New, SG 43/02) (1) The persons appointed by the respective country to fulfil the respective international contract, agreement, concord, convention or others shall certify by a document this circumstance before the territorial tax directorate - Sofia. (2) By the 15th of the month following every quarter of the calendar year the persons under para 1 or the coordinating bodies, in the context of art. 83, para 4, shall present to territorial tax directorate - Sofia information: for the contracts concluded during the respective period according to art. 83, para 2, item 3 together with the data (amend. SG 29/03) for the persons authorised to sign contracts or make payments under a programme or a project; total value of the contracted and paid resources under the concluded contracts under art. 83, para 2, item 3 for (new - SG 29/03) for the way of financing of the deliveries. Art. 84. (revoked - SG 29/03) Chapter fiveteen.TAX DOCUMENTSArt. 85. (revoked - SG 29/03) Art. 86. (1) The forms of the tax documents shall have to contain temporary entered at printout: consecutive number; script "original" on the first copy; (amend., SG 9/00) name and BULSTAT and number of NTR of the person issuing them.
The numbers of the forms and the tax documents shall grow without doubling and omissions and shall not depend (amend., SG 9/00) The numbering of the forms of the documents shall not depend on and shall not be disturbed at If the person / the branch of the person has divisions or sites they can determine a scope of numbers which to be (amend., SG 9/00) At theft, loss, damage or destroying of forms the registered persons shall immediately notify The defect or damaged forms and the anulled documents shall not be destroyed but all copies of them shall be The registered person shall preserve, use and account the forms by the order provided for preservation and Art. 87. (revoked - SG 29/03) Art. 88. (1) Tax invoices and notifications for them shall be possible to be issued only by a contractor of supply who is registered person. Tax invoice shall be issued regardless of whether the receiver is registered or not registered person under the law. (amend., SG 15/01) The original of the tax invoice shall be presented to the receiver of the supply. The registered (amend., SG 15/01) For losing, destruction or theft of the original of the tax invoice the registered person shall be Chapter sixteen.OTHER DOCUMENTSArt. 89. (1) (amend., SG 9/00, amend. SG 29/03) Reference - declaration for each tax period under art. 100 of the law shall be prepared according to a model (appendix No 8). Reference - declaration for each tax period shall be submitted also in the cases when tax shall not be paid or (amend., SG 9/00) The registered person shall present at territorial tax directorate together with the reference - (amend., SG 9/00) The documents and the magnetic carriers of para 3 shall be submitted at the territorial tax No admitted shall be the submitting of the documents and the magnetic carriers of para 3 by post. (new - SG 29/03) Para 3-5 shall not be applied in the cases of art. 104, para 6 of the law. Art. 89a. (new - SG 9/00) (1) If, for a tax period, the number of the documents included by the registered person in the sales ledger is over 5000 and the sum of the tax bases of the taxable deliveries of the person for this period is over 1 000 000 levs the registered person shall have the right not to file a copy of the sales ledger and a copy of the ledger for the purchases on paper carrier. (2) The right under para 1 shall be exercised as the registered person declares this in writing before the director of the respective territorial tax directorate within the period for presentation of reference - declaration for the respective tax period. Art. 90. (1) (amend. SG 9/00, amend. SG 29/03) The annual reference - declaration of art. 101 of the law shall be prepared according to a model (appendix No 9). The annual reference - declaration shall be submitted also in the cases when tax is not paid or is not restored. When in the annual reference - declaration it is pointed out a sum for payment it shall be paid in 3 months after When in the annual reference - declaration is pointed out a sum for restoration it shall be restored by the person restoration of the annual reference - declaration shall not participate in the procedure for deduction by the order of art. 77, para 1 f the law and shall not be possible to be restored by the order of art. 77, para 2 of the law. (5) The persons which registration under the law is terminated by the end of the year shall not submit annual reference - declaration. Art. 91. (1) The registered persons shall obligatory keep accounting registers - purchase diary and sales diary regardless from the kind and the form of accounting. (2) The supplies of which the person is receiver, the import of goods as well as the other cases of right to tax credit 1. general information: kind and number of the document issued for the supply (the import); (amend., SG 9/00) name and BULSTAT and number of NTR of the contractor of the supply; subject of the supply; general value of the supply including the tax base and the tax; the excise included in the tax base of the supply; 2. analytical information: (amend., SG 9/00) tax base of the exempt supplies, the supplies of not registered persons under art. 62 of the law tax base of the supplies and the import with right to full tax credit and the sum of the tax; (amend., SG 9/00) tax base of the supplies and the import with right to partial tax credit and the charged tax
The supplies of which the person is contractor, the export of goods as well as the other cases of charging of tax The sales diary shall ensure: 1. general information: kind and number of the document; (amend., SG 9/00) name and BULSTAT and number from NTR of the receiver; subject of the supply; total value of the supply including the tax base and the tax; excise included in the tax base of the supply; 2. analytical information: (amend., SG 9/00; amend. SG 15/01) the tax base of the leviable supplies (including the supplies under art. 62 of (suppl., SG 15/01) tax base of the export and the supplies under art. 92 of the Law; tax base of the exempt supplies except:
the received interests from payment (current) and deposit accounts; the supplies for transfer of the enterprises in the context of art. 44 of the law; the supplies on the occasion of the gratuitous disposing with assets of the state or the municipalities in the context the legal activities for securing receivables in the context of art. 47 of the law; the grants under art. 49 of the law; d) (amend. SG 29/03) charged tax in other cases provided by the law - art. 58a, 61,81 and 82 of the law. The registers of para 1 shall be kept in the beginning of every year or on the date of the registration under the law. The registers of para 1 shall be finished at the end of each year or on the date of termination of the registration The information from the registers shall be used for filling in the reference - declarations of the law. Art. 92. (1) (amend., SG 9/00) The registered persons shall concede at the territorial tax directorate of his registration the information from the sales diary and from the purchase diary including all documents issued or received during the corresponding tax period, on magnetic carrier with parameters determined in appendix No 10. The tax offices shall not accept magnetic carriers which do not meet the parameters pointed out in appendix No (amend., SG 9/00) For certifying the accepting or the refusal to accept the magnetic carriers the territorial tax (4) If a record certifying the accepting is not issued it shall be considered that the registered person has not submitted the information from the diaries on the magnetic carrier. Art. 93. (1) Each tax obliged person implementing supplies in a commercial site with the start of the activity on the site shall be obliged to mount and to introduce in exploitation a fiscal facility of approved type for the country. The supplier shall be obliged to register and account the supplies implemented at the commercial site issuing For the supplies registered and accounted with fiscal cask slip for which is receiver an individual who is not a (amend., SG 9/00) If for a supply in a commercial site the supplier does not issue a cash slip the receiver shall be (amend., SG 9/00) The supplier shall prepare for each of the commercial sites at the end of the day an account for
the shortened account of the fiscal memory for the month from each fiscal facility in the commercial site; the sums of the supplies documented with cash slips from a booklet if there are such issued during the month; and with negative sign - the tax documents for the supplies for which simultaneously have been issued fiscal cash slip (6) The supplier shall reflect in the sales diary of para 5 for each commercial site. Chapter seventeen.ACCOUNTANCY AND REGISTRATION OF THE TAXArt. 94. (1) The registered persons shall keep documentation and accounting in compliance with the requirements of the Law for accounting, the Law for VAT and this regulation. (2) The documentation and the accounting shall be kept both for the leviable and for the exempt supplies with goods and services and for the import of goods. Art. 95. (1) The branches of the registered person shall keep accounting and maintain the documentation as independently registered person without settlement with the budget. The settlement with the budget for VAT shall be implemented by the registered person. The branches of the foreign persons shall settle with the budget independently. The branches shall present to the registered person the necessary information for filling in the reference - Art. 96. (1) The registered persons shall reflect the documents for the implemented supplies, the charged tax and the implemented export in the accounts and in the sales diary on the date they are issued. (Amend., SG 43/02) The registered persons shall reflect the documents of the received supplies, the used tax The registered persons shall determine the result for the corresponding tax period on the basis of the documents (revoked, SG 9/00) Chapter eighteen.REGISTRATIONArt. 97. (1) Persons who do not have general tax registration shall not be able to register under the Law for VAT. (2) (amend., SG 9/00) At registration under the Law for VAT shall not be issued new BULSTAT or a new number from NTR. Art. 98. All tax obliged persons after the elapse of the calendar month shall be obliged to determine for the previous 12 months before the current one and the persons registered under the law - also for the previous 18 months before the current one: the leviable turnover in the context of art. 108, para 2 of the law; (amend., SG 9/00) the total taxable turnover in the context of art. 110, para 2 of the law. Art. 99. (1) (amend., SG 9/00, amend. SG 29/03) If the leviable turnover of the tax obliged person for the last 12 months before the current one exceeds 50 mln Iv the person shall be obliged to submit an application for registration at the territorial tax directorate in 14 days term after the elapse of the calendar month during which has been reached the leviable turnover. (2) (revoked, SG 9/00) Art. 100. (revoked, SG 9/00) Art. 101. (1) (amend., SG 9/00) If the total taxable turnover of the tax obliged person for the last 12 months before the current month exceeds 50 mln Iv the person if wishes shall be able to submit an application for registration in one month term after the elapse of the calendar month during which is reached the total taxable turnover. (2) (amend., SG 9/00) The tax obliged person shall be able to submit the application of para 1 also before the elapse of the calendar month if the total taxable turnover exceeds 50 mln Iv for period not longer than the last 12 months. Art. 102. (revoked, SG 9/00) Art. 103. (1) (prev. art. 103 - SG 9/00) The application for registration of art. Ill, para 1 of the law shall be submitted according to a model - application No 11. (2) (new, SG 9/00) The following documents shall be attached to the application for registration: reference for the taxable turnover and for the total taxable turnover in months for the last 12 months before the (revoked, SG 15/01) (New, SG 63/02) copies of the issued vouchers. (3) (new, SG 9/00) In the cases of registration on the basis of art. 121 of the law the application for registration shall certificate issued by the competent tax authorities for current tax registration abroad of the foreign person and original copy of a contract between the foreign person and the accredited representative certified by a public certificate for current court registration of the person - accredited representative, or a copy of the identification (revoked, SG 15/01) (revoked, SG 15/01) (4) (new, SG 9/00) In the cases of registration on the grounds of art. 124, para 1 of the law the application for (suppl. SG 29/03) certificate for current court registration of the person if the person is local; certified copy of the corporate contract, the statutes or another structural act of the corporate body; (new - SG 29/03) other documents, certifying the effectively paid basic capital of the person.
(new, SG 15/01, amend. SG 29/03) In the cases of registration pursuant to art. 124a of the law to the application (new, SG 15/01) The foreign persons - main contractors under international agreements, shall be registered on the (new, SG 9/00; prev. para 5 - amend., SG 15/01) In the cases of registration pursuant to art. 125, para 1 of the law
a copy of the court decision for entry in the commercial register of the transfer or transformation, or a copy of the act, on whose grounds was established or constituted the corporate body in the cases when the act is Art. 104. (revoked, SG 9/00) Art. 105. In 7 days term after the submitting of the application for registration the tax body shall be obliged to implement a check of the declared circumstances in the application for registration and the documents attached to it. Art. 106. (1) The certificate of art. 113, para 1 of the law shall be prepared according to a model - appendix No 12. (2) The certificate of art. 113, para 4 of the law shall be prepared according to a model - appendix No 13. Art. 107. (1) The application for terminating the registration of art. 119, para 1 shall be submitted according to a model - appendix No 14. (2) (amend., SG 9/00) Attached to the application under para 1 shall be: reference for the taxable turnover and for the total taxable turnover in months, for the last 18 months before the reference for the taxable turnover and for the total taxable turnover in months, for the last 12 months before the inventory statement for charging tax in termination of the registration under the law for the available assets by the the certificate(s) for registration under art. 113, para 1 of the law.
(new - SG 9/00) In the cases of termination of the registration pursuant to art. 117, para 2, item 1, 2 and 3 of the In the cases of termination of the registration pursuant to art. 117, para 2, item 4 and 6 of the law the application Art. 108. (1) Each foreign person shall be able to assign to a person meeting the requirements of art. 123, para 1 of the law to represent him in all tax legal relations occurred pursuant to the law. (2) The assigning shall be implemented with a written contract with signatures certified by a notary. Art. 109. (amend., SG 9/00) At registration of a foreign person pursuant to art. 121 of the law the application for registration shall be submitted at the territorial tax directorate where is registered the foreign person according to the general tax registration. Art. 110. (1) At registration of a foreign person pursuant to art. 121 of the law the application for registration and the attached documents shall be submitted personally by the accredited representative - individual, or in the cases when the accredited representative is a corporate body - by the representative of the corporate body. (2) (revoked, SG 9/00) Art. 111. (1) (amend., SG 9/00) The accredited representative shall be obliged immediately to notify the territorial tax directorate where is registered the foreign person is circumstances occur leading to impossibility the accredited representative to implement his obligations under art. 123, para 2 and 3 of the law. (2) The accredited representative shall be responsible jointly and unlimitedly for the liabilities of the foreign person occurred after the date when the accredited representative has accepted the obligations of art. 123 of the law, till 5 years after he has terminated to implement the obligations of art. 123 of the law and when the foreign person has determined other accredited representative - till the date on which the other accredited representative has accepted to implement the obligations of art. 123 of the law. Chapter nineteen.TAX REGISTERSArt. 112. The tax registers of art. 127 of the law shall contain the following information: (amend., SG 9/00) BULSTAT and a number from NTR of the registered person; the name of the registered person; the date of the registration under the law; the date of termination of the registration under the law; other additional information about the registered person. Chapter twenty .SUPPLIES OF SPIRITS, TOBACCO GOODS AND LIQUID FUELS IN THE FREE ZONES, FREESTOREHOUSES AND SITES LICENSED FOR FOREIGN CURRENCY TRADEArt. 113. (1) At bringing spirits, tobacco goods and liquid fuels in their quality of foreign goods in the context of the Law for the customs and the regulation for its implementation under customs regimes with deferred payment VAT shall be ensured by the order of art. 60 of the law. The sale of spirits and tobacco goods in commercial sites licensed for foreign currency trade shall be export only The export of para 2 shall be proved with the documents provided for proving of export in the context of the Law The supply with liquid fuels at the commercial sites licensed for foreign currency trade, of vehicles implementing The export of para 4 shall be proved with the documents provided for proving export in Chapter twenty one.VAT ACCOUNT (New, SG 63/02)Art. 114. (New, SG 63/02) (1) "VAT account" is a bank account: in levs; of one titular who is a person registered according to the law; opened in a commercial bank which has accepted to service "VAT accounts" under the order and conditions of opened by the permit of the tax administration and managed according to the provisions of these regulations; for which the contract for opening and keeping the account the titular has agreed unconditionally, without a term
pursuant to art. 52, para 4 of the Law for the banks that the commercial bank submits to the tax administration the to be kept in compliance with the requirements of these regulations; when closing down the account the availability of it to be transferred ex-officio by the bank to the republican 6. indicated by a number established by the rules of the acting standard where it can be seen that the respective bank For commercial banks registered according to the law accepted for "VAT account" shall be the internal payment For the budget enterprises in the context of § 1, item 1 of the Accountancy Law, who are persons registered Sums transferred from "VAT account" to an account under para 2 and 3, on grounds different from payment for Art. 115. (New, SG 63/02) (1) "VAT account" shall be opened under the conditions and by the order of opening a bank account upon issuance by the tax administration of a permit for opening "VAT account". (suppl. SG 29/03) The permit for opening "VAT account" shall be issued by the tax administration within 3 days The request shall obligatorily indicate the name of the commercial bank, the name, the address and the bank code The permit shall be presented to the registered person and the commercial bank indicated in the request shall be The registered person can open a "VAT account" within 15 days from the issuance of the permit. The commercial bank cannot conclude a contract for opening a "VAT account" before having received a written (7) (new - SG 29/03) Permission under this art. shall not be given when on initiative of the respective commercial bank is closed acting "VAT account" and a new "VAT account" is opened for the same titulary in the same commercial bank. Art. 116. (New, SG 63/02) (1) "VAT account" shall be closed under the conditions and by the order of closing a bank account. The "VAT account" shall also be closed upon termination of the registration of the titular according to the law. In the cases under para 2 the tax administration shall inform in writing the respective commercial bank about the The balance of the "VAT account" by the date of its closing shall be transferred ex-officio by the bank to the Art. 117. (New, SG 63/02) (1) The "VAT" account shall be used only for payments on value added tax. (2) The "VAT account" can receive sums only from: "VAT accounts" of other persons or from other "VAT accounts" of the same person; bank accounts of the titular of the "VAT account" in the same branch of the commercial bank; (new - SG 29/03) bank accounts of the budget enterprises in the sense of §1, item 1 of the Law of accounting, (3) Payments from the "VAT account" can be made only to: "VAT accounts" of other persons or to other "VAT accounts" of the same person; (suppl. SG 29/03) to the republican budget for value added tax for liabilities of the titulary of the "VAT account"
Cash cannot be deposited to and drawn from the "VAT account". (amend. SG 29/03) In the cases of payment from a "VAT account" to "VAT account" of another person in the
the number and the date of issuance of the tax document on whose grounds the payment is made; when payment is the grounds and the date of occurrence of the tax event for the delivery when by the date of the payment tax the ground for the payment - in case of returning of transferred sums under art. 64, para 3 of the law. (6) (amend. SG 29/03) The commercial banks cannot make payments ordered by their clients when they do not meet Art. 118. (revoked - SG 29/03) Art. 119. (New, SG 63/02) The available sums of "VAT account" can be released in favour of the titular of the account by transferring them to the republican budget pursuant to art. 117, para 3, item 2 and are deducted or reimbursed by the order of art. 112 of the Tax Procedure Code. Deducted or reimbursed by this order shall also be the sums received in the republican budget pursuant to art. 116, para 4. Art. 120. (New, SG 63/02) (1) The commercial banks shall submit to the tax administration information about the opened and closed "VAT accounts" within 7 days from their opening/closing. The commercial banks shall submit to the tax administration information about the movement and availability in The information under para 1 and 2 shall be submitted by the commercial banks to the tax administration under (new — SG 29/03) At non presenting in time of the information from the previous paras or at presenting of Transitional and concluding provisions § 1. Till the promulgation of the ordinance provided in §11, para 1, item 1 of the transitional and concluding provisions of the law shall be implemented Instruction No 3 of 1994 for the order for restoration of the VAT of the diplomatic representations, the consulates, representations of intergovernmental organisations and members of their staff issued by the Minister of Finance and the Minister of Interior (prom. SG 64/94; corr. SG 67/94; amend. SG 103/94; amend and suppl. SG 56/95, SG 28/97 corr. SG 97/97; amend, and suppl. SG 45/98; corr. SG 60/98). § 2. Till the promulgation of the ordinance provided in §11, para 1, item 3 of the transitional and concluding provisions of the law shall be implemented Ordinance No 6 of 1997 for the order for issuing document (cash slip) by the registered persons for each transactions implemented by them in the commercial sites with the use of electronic cash apparatus with fiscal memory or electron systems with fiscal memory which are registered approved and introduced in exploitation, issued by the Minister of Finance (SG 62/97). § 3. Till the promulgation of this regulation shall be implemented the models of the documents regulated with the Regulation for implementation of the Law for VAT (prom. SG 17/94; amend ande suppl. SG 64/94; amend. Decision No 3 of the Supreme Court of the Republic of Bulgaria of April 19, 1995; amend, and suppl. SG 91/97; amend, and suppl. SG 12/98; corr. SG 13/98; amend, and suppl. SG 67/98). § 4. Till the promulgation of this regulation for the supplies of the existing and the established with the implemented inventory by December 31,1 998 spirits, tobacco goods and liquid fuels at the commercial sites licensed for foreign currency trade in the zones with border check points as well as in the commercial sites in the free zones, the conditions of art. 113 for export shall be considered as fulfilled. § 5. The persons registered under the Law fo |