Deferred accrual of VAT on imports
With effect from 1 July 2019, Bulgaria will apply the so-called deferred accrual of VAT (or reverse-charge mechanism) on imports of certain goods (pursuant to art. 211 of the EU VAT Directive). The newly introduced rules will be applicable to certain categories of taxable persons and will cover the importation of the goods listed in Appendix No. 3 to the VAT Act. The list of goods includes ferrous and non-ferrous metals, ores, organic and non-organic chemical products (i.e. the goods referenced in Chapters 25, 26, 28, 29 and Chapters 72–80 of the Combined Nomenclature).
The importers who are entitled to apply the deferred accounting of VAT should meet all of the following conditions:
- they must have been registered for VAT purposes under the general VAT registration rules at least six months prior to the import,
- they should not have any outstanding public liabilities, and
- the customs value of each item declared for import must be equal to or higher than BGN 50,000 (approx. EUR 25,500).
The right to input VAT deduction is applied through the monthly VAT return submitted by the importer by including the import customs declaration and the protocol for VAT reverse charge in the monthly VAT sales and purchase ledgers. Thus, the importer is entitled to enjoy input VAT deduction without the import VAT being effectively paid to the customs office upon importation of the goods.
Triangular operations
Following the latest amendment to the Implementing Regulation to the VAT Act, the conditions which should be cumulatively fulfilled so that the triangulation simplification applies are as follows:
- The supply of goods must be carried out between three taxable persons;
- A VAT-registered person in member state A (transferor) supplies the goods to a VAT-registered person in member state B (intermediary). Subsequently, the intermediary from state B supplies the same goods to the end customer registered in member state C (acquirer);
- The goods should be transported directly from member state A to member state C;
- The intermediary should not be registered for VAT purposes in either state A or state C. Nevertheless, this condition shall be deemed fulfilled even in the event that the intermediary is VAT-registered in member state A or C, but has performed the intra-Community acquisition of the goods under its VAT ID number issued in member state B.
- The acquirer accounts for the VAT due in relation to the supply.
VAT treatment of vouchers
The Vouchers Directive (EU) 2016/1065 of 27 June 2016 was implemented in Bulgarian VAT law as of 1 January 2019. The newly adopted provisions introduce the terms ‘single-purpose voucher’ and ‘multi-purpose voucher’ and establish the rules for their VAT treatment.
The new rules will apply for vouchers issued after 31 December 2018.
Contact
Galina Slavova
email: galina.slavova@delchev-lawfirm.com
