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August 7, 2020

 Amendments to the Tax and Social Security Proceedings Code 

By means of the Transitional and Conclusive Provisions of the Law on Amendment and Supplementation of the Gambling Act (GA) were adopted amendments to the Law on Amendment and Supplementation of the Tax and Social Security Proceedings Code (TSSPC). The latter was published in State Gazette No 102/ 2019.

The present amendments to the Law on Amendment and Supplementation of the TSSPC are published in state Gazette No 69 from 8 April 2020 and become effective from 8 August 2020. These amendments are directly related to the provisions of the new Council Directive (EU) 2020/876 of
24 June 2020 amending Directive 2011/16/EU to address the urgent need to defer certain time limits for the filing and exchange of information in the field of taxation because of the COVID-19 pandemic (OJ, L 204/46 from 26 June 2020).

1. New deadlines for the filing of information on reportable cross-border arrangements by consultants and other tax liable persons (amended and supplemented § 6 of the Law on Amendment and Supplementation of the TSSPC).

The deadline for filing of information by consultants and other tax liable persons to the Executive Director of the National Revenue Agency under Art. 143ab2 of TSSPC, for each reportable cross-border arrangement implemented during the period from 25 June 2018 to 30 June 2020, has been changed from 31 August 2020 to 28 February 2021 (amended § 6 of the Law on Amendment and Supplementation of the TSSPC).

It is expressly regulated that the 30-days term for filing of information on reportable cross-border arrangements by a consultant or other tax liable person shall be counted from 1 January 2021 for:

а) reportable cross-border arrangements which are made available for implementation, or are ready for implementation, or the first step of which implementation has been made during the period from 1 July 2020 to 31 December 2020;

b) reportable cross-border arrangements under point a) above which have typified contents and for which the consultants are obliged to provide updated information on a quarterly basis after the initial filing, the deadline for filing of the updated information under Art. 143ab1, para 8 of TSSPC is 30 April 2020;

c) support, assistance and consulting regarding the preparing, marketing, organizing, management and making available for implementation of reportable cross-border arrangement provided by a consultant under Art.143ab1, para 7 of TSSPC during the period from 1 July 2020 to
31 December 2020.

2. The deadline for filing of information by the National Revenue Agency to other Member States has been extended (am. § 7 of the Law on Amendment and Supplementation of the TSSPC)

The Executive Director of the National Revenue Agency shall provide to the competent authorities of the other Member States the firstly received information on reportable cross-border arrangements under Art. 143ab of TSSPC by 30 April 2021 (before the amendment the deadline was
31 October 2020).

3. By means of § 93 of the Transitional and Conclusive Provisions of the GA is regulated that for the purposes of exchange of financial information performed under TSSPC, for financial year 2019 the reporting financial institutions shall provide the data under Art.142b TSSPC to the National Revenue Agency by 30 September 2020 (the deadline for filing of information for future reporting periods is preserved and it is by 30 June of the year following the year for which the information refers).

The National Revenue Agency shall exchange information for financial year 2019 with the competent authorities of the participating jurisdictions by 31 December 2020.

 

This material is not exhaustive, but rather has general information nature and does not constitute specific advice or consultation. Should you have questions, do not hesitate to contact us at tel. + 359 2 9433700, fax + 359 2 9433707, e-mail: office@afa.bg or at the following address: 1504 Sofia, 38, Oborishte Street.

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