Bulgarian taxes at a glance
Corporate income tax
10%
Personal income tax
up to 24%1
Social security and health insurance
36.4%2 of an insurance base between BGN 160 and BGN 1,400.
VAT rates
20% (0% for exports; 7% effective rate for certain tourist services).
Withholding tax
7% on:
• dividends or liquidation quotas distributable to non-residents3,4,
resident individuals or non-profit entities;
10% on:
• interest, royalties, technical and management service fees and some other
incomes payable to non-residents3.
One-off taxes on certain expenses
• 10% on representation expenses, some expenses related to usage of
v ehicles for management purposes, as well as on social expenses
provided in-kind.
Bulgarian taxes at a glance
Local taxes and fees
Relate mainly to real estates, vehicles, donations, inheritance, and garbage
collection.
Excise duties
Apply to alcohol, tobacco, some fuels and others.
Customs duties
Due on the customs value upon importation of goods.
Environmental fees
Include product fees on waste from packaging and fees on heavy fuel oil.
Specific corporate income tax regimes
Apply to collective investment schemes, licensed investment companies, specia l
purpose investment companies, gambling businesses, and some others.
Taxation of corporate profits
Corporate income tax rate
10% on the taxable profit.
Taxable profit
Statutory accounting profit/loss adjusted for tax purposes.
Statutory accounting
Maintained in BGN on accrual basis. IFRS are gradually introduced as a basis
for preparation of the financial statements of the companies6.
Adjustments for tax purposes
Expenses not related to the business activities or not duly documented, expenses
related to impairment of assets, provisions for liabilities, revaluation reserve in
certain cases, and others.
Tax residency
Companies are deemed to be tax resident in Bulgaria if they are registered in
Bulgaria.
Permanent establishments of non-resident entities in Bulgaria are taxed like
resident companies.
Tax allowed depreciation
4% to 50%, depending on the type of the asset under the straight-line
depreciatio n method.
Thin capitalisation
Interest expenses may not be fully deductible if the debt/equity ratio of the
company exceeds 3:1.
Taxation of corporate profits
Carry forward of tax losses
Tax losses can be carried forward over the following five consecutive years.
Foreign source losses may be offset only against taxable profit from the same
source. Relief is introduced with respect to EU source losses, which may be offset
against other source profits in certain circumstances.
Returns
To be submitted annually by 31 March of the following year (the tax year is the
calendar year).
Payment
The tax under the annual tax return is due by 31 March of the following year.
Advance payments are due on a basis determined by the law.
Taxation of dividends and liquidation quotas
Subject to 7% withholding tax when distributed to resident individuals, resident
non-profit entities and non-residents (there is an exception relating to dividends
distributed in the form of additional shares or increase of the nominal value of the
current shares).
Dividends distributed by a Bulgarian resident company to a tax resident entity in a
EU Member state shall not be subject to Bulgarian withholding tax, under certain
conditions.
Profits distributed by a Bulgarian branch to its parent company abroad shall not
be subject to Bulgarian withholding taxation.
Generally, dividends distributed to resident companies are not considered as
taxable income (except for dividends distributed by special purpose investment
companies).
Withholding taxes – non-residents
Taxable income
• dividends and liquidation quotas (please also see section Taxation on
c orporate profits);
• interest, royalties, franchising and factoring;
• technical and management services fees;
• income from usage of movable and immovable property;
• capital gains from transfer of local real estates;
• capital gains from transfer of financial assets issued by the State, a
m unicipality or a local company7.
Withholding tax rate
10% on the taxable income (7% on dividends and liquidation quotas, and
exemption in certain cases). The withholding tax rate may be reduced under an
applicable double tax treaty.
Dividends distributed by a Bulgarian resident company to an entity – tax resident
in a EU Member state shall not be subject to Bulgarian withholding tax, under
c ertain conditions (including holding of more than 15% of the shares in the
B ulgarian companies for at least 2 years).
Payment
When the payer is a Bulgarian resident entity or a sole trader or a permanent
establishment of a non-resident, the tax should be remitted to the budget within
three months after the month of accrual of the income by the payer (or the month
of the decision for distribution of dividends and liquidation quotas).
If the payer is neither of the above, as well as in case of capital gains from transfer
of local real estates and financial assets, the tax should be paid by the beneficiary
within three months after the month of receiving the income8.
Withholding taxes – non-residents
Application of double tax treaties
A non-resident may benefit from a double tax treaty relief provided that an
a dvance clearance certificate is obtained from the Bulgarian tax authorities
f ollowing a specific procedure.
Bulgaria has more than 60 double tax treaties in force, including with most
E uropean countries, which generally follow the OECD Model. The Double Tax
Treaty with the USA is signed and is expected to enter into force, as of
1 January 2008.
Taxation of expenses
10% one-off tax is due on:
• “social” expenses provided in kind to the employees (e.g. fringe b enefits
p rovided to employees), except for food vouchers up to BGN 40 per
e mployee monthly and voluntary insurance contributions (pension, health,
unemployment and/or professional qualification, life insurance and life
i nsurance related to an investment fund) up to BGN 60 per employee
monthly;
• representative and entertainment expenses;
• some expenses related to use of vehicles for management purposes.
Generally, the above expenses and the tax on them are tax deductible for the
companies.
Corporate tax incentives
Reduction of the corporate income tax
The corporate income tax due may be reduced:
• by 10% of certain acquired fixed assets (applicable for companies operating
within regions of high unemployment);
• with the mandatory social security contributions paid by the employer with
regard to the hired new employees within regions of high unemployment;
• by 60% – applicable for agricultural production entities;
• by 50% – applicable for social security and health insurance funds
established by law, state schools and universities;
• in other cases.
Full granting back of the corporate income tax
The corporate income tax due is fully granted back for investments and
production activities in high unemployment regions, and in other specific cases
determined by law.
Restrictions for application of the incentives
The application of the incentives listed above may be subject to additional
conditions, including state aid admissibility restrictions.
Specific corporate income tax regimes
Scope
Applicable for:
• special purpose investment companies;
• collective investment schemes;
• licensed investment companies;
• persons engaged in marine commercial shipping;
• gambling businesses;
• and some others.
Exemption from corporate income tax
Special purpose investment companies, licensed investment companies
of c lo s e-en d type and collective investment schemes, authorised for public
o ffering in Bulgaria, are not subject to corporate income tax.
There are also some other exemptions determined by law.
Personal income taxation
Rate
The maximum marginal tax rate is 24%, applicable to annual taxable income
exceeding BGN 7,200.
Scope
Generally, taxable income includes received monetary income, “social expenses”
provided in cash and benefits in-kind.
Bulgarian tax residents are taxed on their worldwide income, while non-residents
are taxed on their Bulgarian source income only.
Tax residency
In general, tax residency is determined on the basis of permanent domicile, more
than 183-day stay in Bulgaria in any 365-day period and centre of vital interest in
Bulgaria. The centre of vital interest is determined with regard to the individual’s
personal and economic ties to Bulgaria and a number of factors are c onsidered
in this respect, such as the family, possession of property, the place where
the i ndividual performs his employment, professional or economic activity etc.
H owever, if the individual has a permanent address in Bulgaria, but his centre
of vital interest is outside Bulgaria, he may not be considered a Bulgarian tax
resident.
Relief
Certain types of income are tax exempt, including incomes from specific
o perations on the capital market, incomes from transfer of real estate under
certain conditions, interest gained on deposits in local banks and branch offices
of foreign banks, profits from gambling, payments received under the mandatory
social security system, some benefits in-kind which are taxed at employer level,
and others.
Personal income taxation
Some deductions apply to different types of income, e.g. mandatory national
insurance contributions made at the expense of individuals, statutory deductions
at certain rates (e.g. for free lancers, for rental income), and others.
Some minor child allowances are deductible from the annual taxable base
(BGN 420 for one child, BGN 840 for two children, BGN 1,260 for three or more
c hildren).
Donations to the Child Healthcare Fund are deductible up to 50% of the taxable
income less other allowable deductions and mandatory payments. Donations
r elated to culture are deductible up to 15% of the yearly income. Donations to
other specific groups of individuals and entities/charities are deductible up to 5%
of the taxable income less other allowable deductions and mandatory payments.
Certain taxes levied abroad, may be credited in Bulgaria. There may be also relief
for certain types of income under existing double tax treaties.
Patent taxation
Lump-sum taxation is applicable to certain small businesses run by individuals
(with annual income below BGN 50,000).
One-off taxes
7% one-off tax is due on:
• dividends and liquidation quotas paid to a resident and non-resident
i ndividual from a Bulgarian resident company.
• dividends and liquidation quotas paid to a Bulgarian resident from
a n on-resident company.
• incomes from voluntary Life insurance schemes received after the
t ermination of the Life insurance policy that has been contracted for 15 years
or more.
Personal income taxation
10% one-off tax is due on incomes receivable by non-Bulgarian tax residents
from:
• management fees and fees for technical services;
• interest, royalties, franchising, factoring, scholarships;
• rentals and disposal of real estate;
• incomes from disposal of shares, bonds and other financial instruments.
There are some exemptions from the above final tax for EU/EEA residents.
15% one-off tax is due on:
• incomes from early redemption of voluntary Life, health and private pension
insurance schemes.
Personal income tax returns
Submitted annually, by 30 April of the following year (the tax year is the calendar
year). A 5% reduction of the outstanding tax is applicable when the return is filed
before 10 February of the following year or is submitted electronically by 30 April
of the following year.
Individuals who have received only employment income from Bulgarian employers
or income subject to one-off taxation are not obliged to submit annual tax returns.
Payment
The final payment of tax is due within the terms for submission of the tax return,
i.e. 10 February or 30 April of the following year.
Certain advance payments are due during the year depending on the type of
the income and the status of the payer (e.g. on rental income, on management
income, service fees).
Social security and health insurance
Contribution to the social security funds
Generally, 36.4%9 in aggregate – for the employer and the employee. This
includes:
• 18% – Pensions Fund
• 5% – Additional Universal Pensions Fund10
• 3.5% – General Illness and Maternity Fund
• 3% – Unemployment Fund
• 0.5% – Guarantee Fund for Employees’ Receivables
• 0.4% – Occupational Accident and Professional Disease Fund
• 6% – Health Insurance Fund
Ratio of the contributions between employee and employer
In 2007 the ratio remains 65% for the employer and 35% for the employee.
The contributions to the Occupational Accident and Professional Disease Fund
and the Guarantee Fund for Employees’ Receivables are fully for the account of
the employer.
Insurance base
The gross remuneration less statutory expenses in some cases.
The minimum insurance base varies between BGN 180 and BGN 851 per month
depending on the economic activity of the employer and the profession and grade
of the employee.
The maximum insurance base is capped to BGN 1,400 per month.
Social security and health insurance
Social security treaties
Under existing bilateral treaties foreign employees may be exempt from social
security contributions in Bulgaria or contributions made in Bulgaria may be
r ecognised in their home country, if particular conditions are met.
As of 1 January 2007 the provisions of the EEC Regulation 1408/71 on social
security are applicable to Bulgaria. The Regulation provides that the individual
should be insured only in one Member State – in principle this should be the
country where the individual physically works. In case of a temporary a ssignment/
posting abroad (in another EU – country) for up to five years the individual may
continue to contribute to his /her home country social security system and be
exempted from host country social security contributions provided he/she obtains
an E101 form from his/her home country social security authorities.
Value added tax (VAT)
New VAT Act and Regulations for its application are in force as of 1 January 2007
following Bulgaria’s accession to the EU.
Rates
• 20% standard rate – applies to domestic taxable supplies carried out against
consideration, intra-community acquisitions of goods and importation of
goods from non-EU Member States;
• 7% reduced rate – applicable only to accommodation provided by a hotelier
as part of a tourist package tour.
Exemptions
• With credit (= 0% VAT rate) – including but not limited to: export supplies;
international transport of goods and passengers including certain s upplies
related to international transport; intra-community supplies of goods; sales
of duty-free goods in duty-free shops, where such sale is considered export
as per the Duty Free Trade Act; supplies of gold (except investment gold)
to Central Banks of EU Member States; certain transactions related to
i nternational trade, and specific supplies under international treaties;
• Without credit – including but not limited to: transfer of land and limited
property rights over land (excluding building land and attached land plots
to new buildings), the rental of land and transfer of old buildings or parts
thereof, the rental of buildings or parts thereof for residential purposes to
individuals other than sole trader (an option to tax is available for these
t ransactions); financial and insurance services; certain educational and
cultural services; health services and some other specific supplies.
There are also specific exemptions from import VAT and VAT on Intra-community
acquisitions of goods.
Transactions with place of supply outside Bulgaria that would be treated as
t axable if performed on the territory of Bulgaria as well as provision of financial or
insurance services to non-EU residents are entitled to VAT credit (related input VAT
is recoverable).
Value added tax (VAT)
Reverse charge mechanism
The range of supplies where the reverse charge mechanism applies is extended
under the current Bulgarian VAT legislation.
Some examples of supplies and services where the reverse charge mechanism
applies where the supplier is neither registered for VAT purposes nor established
in Bulgaria and the liability to pay tax is shifted to the customer which is VAT
registered in the country are:
• supplies of the so called “intellectual services” under Article 22 (3) of the VAT
Act (e.g. supply of licences, patents, know-how, intellectual property rights,
advertising services, consultancy services, provision and processing of
information, etc.)12;
• supply of intra-Community transport of goods, as well as services, related to
intra-Community transport of goods by a supplier established in another EU
Member State;
• in case of a triangular transaction where the third party (acquirer) is
r egistered for VAT purposes in Bulgaria and the conditions regarding
t riangular transactions are met;
• supplies of goods with assembly/ installation, provided by an EU resident
supplier without a fixed establishment in Bulgaria;
• supplies of natural gas or of electricity.
Triangular transactions
Triangular transaction is defined as a supply of goods between three persons
r egistered for VAT purposes in three different EU Member States A, B and C,
where the following conditions are simultaneously met:
• a registered person in Member State A (transferor) supplies goods to a
person registered for VAT purposes in Member State B (intermediary) who
subsequently supplies these goods to a person registered for VAT purposes
in Member State C (acquirer);
Value added tax (VAT)
• the goods are transported directly from A to C;
• the intermediary is not registered for VAT purposes in Member States A
and C;
• the acquirer charges VAT as a recipient of the supply.
The intermediary in the transaction is released from the obligation to register
for VAT purposes in the EU Member State of the acquirer and is not required
to charge VAT as the liability to charge VAT is shifted to the acquirer.
VAT registration
The mandatory VAT registration threshold is BGN 50,000 of taxable supplies
c arried out in the last 12 months. There are no rules on group VAT registration.
The threshold for registration based on intra-community acquisitions is BGN
20,000 in a calendar year.
The registration threshold for distance sales is BGN 70,000 for distance sales
with place of supply in Bulgaria carried out during the current calendar year
or in the preceding calendar year. A taxable person performing distance sales
of goods may choose to register before reaching the above threshold.
Persons established in other EU Member States and supplying goods with
a ssembly/installation in Bulgaria to customers non-registered for VAT purposes
in the country are obliged to register irrespective of their taxable turnover.
Each person that carries out independent economic activity can apply for
v oluntary VAT registration before an obligation for registration on the above
grounds arises (i.e. irrespective of thresholds). However, a voluntarily
VAT-r egistered person may not deregister earlier than 24 months starting
from the year following the year in which the VAT registration has taken place.
Fiscal representation
The appointment of a local fiscal representative is mandatory for foreign persons
(including EU residents), except for those having a local branch.
Value added tax (VAT)
VAT returns and payments of VAT
VAT is due monthly, by the 14th day of the following month. As of 2007 no a nnual
VAT return shall be filed. Corrections of the VAT recovery coefficient
for a r espective year are made in the VAT return for December.
VIES declarations are due (by the 14th day of the following month) only in cases
of effected intra-community supplies of goods and/or supplies of certain services
during the respective month.
Input VAT recovery
VAT can be claimed in VAT returns and is recoverable within:
• 30 days for persons who have effected zero rated supplies within the last
12 months exceeding 30% of the total value of all taxable supplies they
have made in the same period, as well as by large investors that meet
certain conditions;
• 3 months (for offsets) and 45 days (for effective refund) – in all other cases.
VAT refund to non-resident businesses
Foreign entities with no legal presence in Bulgaria are entitled to VAT refund
(according to Ordinances ? H-10 and ? H-11 of 24 August 2006). The scope
of goods and/or services on which VAT is refundable has been considerably
extended compared to the former rules.
VAT incentive for large projects
Investors authorised to apply the VAT incentive for big investment projects can
account for VAT upon importation in the monthly VAT return (without effective
payment of VAT).
Intrastat
An Act for the statistics of the intra-community trade in goods entered into force
on 1 September 2006.
New administrative requirements related to periodic filing of the so-called Intrastat
returns were introduced. The physical movement of goods as a result of the
s o-called “dispatches” and “arrivals” should be reported for Intrastat p urposes
(i.e. movements and supplies of goods from/to the territory of Bulgaria,
r espectively to/from EU Member States).
The filing of Intrastat returns is obligatory only for persons that are VAT registered
in Bulgaria and exceed the reporting thresholds for arrivals and dispatches.
The filing deadline is the 10th day of the month following the month in which the
arrivals or dispatches occur. The only exception is when the threshold is exceeded
during the current year. In this case the deadline is 20th of the month following the
first period for which an Intrastat return is due.
The thresholds for 2007 are BGN 100,000 for arrivals and BGN 150,000 for
d ispatches per annum.
The thresholds are reviewed annually.
Excise duties
Scope
Excise duties are applicable to certain products listed in the Excise Duties and Tax
Warehouses Act (e.g. beer and spirits, tobacco products, petrol and diesel fuel,
heavy oil, coffee, certain types of cars, and electricity).
Rate
Excise duties are charged as a flat amount in BGN per unit or as combination of
flat rate and ad valorem component.
Tax warehouses and deferred payment of excise duties
The productions of some excise goods (tobacco products, alcohol and energy
products, with small exceptions) should be carried out only in tax warehouses.
Excise goods may be imported, processed and stored in tax warehouses,
as well as transported, under a deferred payment regime.
Customs duties
As from 1 January 2007, Bulgaria is applying the EU customs legislation directly.
The applicable rates are percentages of the customs value (the transaction value
increased by certain costs). Reduced rates apply on imports of goods from
c ountries to which EU gives preferential tariff treatment.
Goods can be imported into Bulgaria under customs regimes with an economic
impact (e.g. bonded warehouses, inward processing, processing under customs
control).
Procedures for post-clearance control aimed at facilitating the application of
simplified customs procedures remain in place.
Environmental fees
Product fees on the waste from packaging
Companies releasing on the market packed goods are obliged to utilise or burn
in waste-to-energy plants at least 38% of the weight of packaging waste. The
minimum part will gradually reach 60% by 2014.
Certain quantities of the waste from packaging should be recycled (the q uantities
are based on the type of packaging material). If the above requirements are not
met, product fees based on the type of material and the weight of packaging
should be paid.
The Companies may fulfil their waste management obligations by participating
in organisations for collective waste management.
Waste from electrical and electronic equipment (WEEE)
Ordinance for the requirements for release for circulation of electrical and
e lectronic equipment (EEE), treatment and transportation of waste EEE (WEEE)
implements EC Directive 2002/96/EC (also known as “The WEEE Directive”)
in the Bulgarian legislation.
The Ordinance prohibits the release for circulation of EEE not meeting the explicit
requirements for contents of harmful substances. Producers and importers of
EEE are obliged to reach certain targets for separate collection, recycling, reuse
and disposal of WEEE. This obligation could be fulfilled individually or through
c ollective schemes. In case the producers and importers fail to meet the targets
they will be obliged to pay product fees, calculated on the basis of the weight
and the type of the EEE released for circulation by them.
Local taxes and fees
Real estate tax
0.15% on the tax value of the real estate annually.
Transfer tax
2% on the value of the transferred real estate or motor vehicles (subject to
certain exemptions, e.g. contributions in kind and acquisitions under the Law
on p rivatisation and Post-privatisation control).
Vehicle tax
Depends on the type of vehicle (e.g. passenger car, bus, cargo truck, construction
vehicle, ship, aircraft). The vehicle should be registered in Bulgaria. For example,
the tax is BGN 112 annually for a passenger car not older than 5 years with engine
power of 100 h.p.
Donation tax
5% of the value of the donation or on a written-off liability (lower rates are
a pplicable for donations to relatives; donations made to relatives of direct line
and to a spouse, as well as common presents are exempt).
Inheritance tax
The tax is levied on property exceeding BGN 250 thousand (EUR 128 thousand)
and amounts to 0.7% for property inherited by brothers, sisters and their children,
and 5% – for other heirs. Property inherited by a spouse or heirs of direct line is
exempt.
Local fees
The fees for certain municipal services (e.g. garbage collection) are determined
separately by each municipality and may vary.
Tal Barcha
Omega Invest Bulgaria Ltd
Bulgarian Real Estate Investement
www.omega-inv.com
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