Friday 28 June 2013

Personal income tax

Annual taxation and declaring of income received in 2012

Applicable to the annual taxation and declaring of income received in 2012 are the provisions of the Personal Income Tax Act (PITA).

Subject to tax on the common annual tax base is the income of individuals received from:

employment relations;
 economic activity different from the economic activity as sole proprietor and from other economic activity as per Art. 29a of the PITA;
renting or other leasing of rights or property for consideration;
assignment of rights or property;
other sources.
Note: income from other economic activity as per Art. 29a of the PITA is the income from the economic activity of individuals registered as tobacco growers and farmers, who according to law or at their own discretion are levied under the procedure stipulated for the taxation of sole proprietors’ income.

The tax on the common annual tax base shall be assessed by multiplying the common annual tax base by 10% tax rate.

The income from economic activity as a sole proprietor and the income from other economic activity as per Art. 29a of the PITA (BG) shall be levied with tax on the annual tax base, at 15% tax rate.

==> Deadlines

The deadline for submitting the annual tax return as per Art. 50 of the PITA for 2012 is April 30th, 2013.

The deadline for paying the tax for additional payment, which is declared in the annual tax return, is also April 30th, 2013.

See more information about the Annual Tax Return as per Art. 50 of the PITA with the annexes and instructions on its submission.

Important! The individuals, who submit their annual tax return by February 10th, 2013, are entitled to a 5% discount on the paid within the same deadline portion of the tax for additional payment under the annual tax return.

The individuals, who submit their annual tax return electronically by April 30th, 2013, are entitled to a 5% discount on the paid within the same deadline portion of the tax for additional payment under the annual tax return, provided that they don’t use the 5% discount stipulated for the February 10th deadline.

Attention! The discounts can be used if the individuals, who must pay tax in advance, did pay the full amount of the tax due within the statutory deadlines.

The annual tax return shall be submitted by resident and non-resident individuals who have received income in 2012 which is:

subject to taxation on the common annual tax base including income from employment relations pursuant to § 1, item 26, letters “f” and “i” of the Supplementary Provisions of the PITA.
subject to taxation with tax on the annual tax base for the income from economic activity as sole proprietor and the income from other economic activity as per Art. 29a of the PITA;
subject to taxation with patent tax under the Local Taxes and Fees Act (LTFA).
==> The resident individuals are obliged to declare:

Income received from abroad during the year from dividends, liquidation quotas, as well as taxable income from supplementary voluntary social security, voluntary health insurance, and life insurance.
Shares owned and shareholdings in companies, place of business, fixed establishment and real estate abroad.
 Extended loans/borrowings, as follows:
a) the outstanding balance of the loans extended in 2012, if their total amount exceeds BGN 10 000;

b) the outstanding balances as of the end of 2012 of loans extended during the same year as well as within the previous 5 fiscal years, if the total amount of these balances exceeds BGN 40 000;

c) the outstanding balance of loans received in 2012, if their total amount exceeds BGN 10 000, excluding bank loans received from credit institutions as per the Credit Institutions Act;

d) the outstanding balances as of the end of 2012 of loans received during the same year as well as within the previous 5 fiscal years, excluding bank loans received from credit institutions as per the Credit Institutions Act, if the total amount of these balances exceeds BGN 40 000.

Attention! Non-resident individuals, who are considered resident individuals for taxation purposes of EU member-states or countries, which are party to the Agreement on the European Economic Area, are entitled to choose to recalculate the final income tax pursuant to Art. 37 of the PITA. The choice shall be exercised by submitting an annual tax return pursuant to Art. 50 of the PITA, whereas the tax return includes all other income that are subject to declaring by the non-resident individual.

==> Cases when no annual tax return is submitted:

Free from submitting an annual tax return are the individuals who in 2012 have received only:

income from employment relationship, if by December 31st, 2012, these individuals have a principal employer who has assessed the annual amount of the tax for all the employment income received during the fiscal year, and the full amount of the tax for the fiscal year has been deducted by January 31st, 2013, and/or
employment income, if as of December 31st, 2012 the taxpayer has no employer as per his principal employment or has such an employer, but this employer has not assessed the annual amount of the tax for all the employment income received during the fiscal year, provided the following conditions are simultaneously fulfilled
the tax on the common annual tax base is equal to the deducted in advance tax on the employment income and
 the taxpayers is not using any tax benefits when he submits the annual tax return; and/or;
        3. non-taxable income, and/or

        4. income taxable with a final tax as per Chapter 6 of the PITA, except for:

the income of local individuals from dividends, liquidation quotas, supplementary voluntary social security, voluntary health insurance and from life insurances with foreign sources;
 income of foreign individuals if they have chosen to adjust the final tax on income as per Art. 37 of the PITA.
No annual tax return shall also be submitted in case the individuals are registered as sole proprietors, but in 2012 have not performed economic activity, have not received other income subject to declaring in the annual tax return, and here are no circumstances which the individual had to declare (real estate in a foreign country, received and/or extended any loans, etc.).

The annual tax returns shall be submitted:

 personally in the respective office of the NRA as per the permanent address of the individual and the sole proprietor; or
 by postal order with a return receipt (see the addresses and the postal codes of NRA’s offices), or
 on-site at one of the 352 post offices, where they will be given a reference number by Bulgarian Post’s official;

 by Internet with an electronic signature (see more details on declaring income by Internet).(BG)