Slovenia: Amendments to the Value Added Tax Act

The Slovene government recently passed amendments to the VAT Act. The majority of changes entered into force on 20 October 2011.

Adjustment of calculated VAT.
Suppliers of goods may adjust (reduce) the amount of calculated VAT if the acquirer is informed in writing about the VAT amount, which he is not entitled to deduct (eg credit note is sent to the acquirer). Prior to that amendment, the supplier was required to obtain a written confirmation from the acquirer that he corrected (reduced) the amount of input VAT in his VAT ledgers. This change was highly anticipated and shall reduce the administrative burden.

Errors in the calculation of VAT and late submission.
The VAT Act now explicitly states that VAT payers can include corrections regarding past tax periods in the current VAT return or submit a VAT return, which was not submitted in the prescribed deadline. This may be done until the VAT assessment or until the start of a tax audit or criminal proceeding. VAT payers are obliged to calculate late payment interest on the amount of corrected VAT using the EURIBOR for one year maturity. The changes also affect the adjustment of calculated VAT in the case of a compulsory settlement or bankruptcy. Under the new amendment a taxable person, may adjust (reduce) the amount of calculated and unpaid VAT from all recognized claims for which the decision on the start of the respective proceeding was issued after 1 January 2011.

Replacement of submitted VAT returns.
VAT payers who have already submitted a VAT return, may, until the end of the deadline for submission, replace the original return with a new return, unless they requested a reimbursement of the realized VAT surplus.

No submission of “nil” EC sales list.
VAT payers do not have to submit “nil” recapitulative statements (EC sales list) or reports on supply of goods or services subject to local reverse charge mechanism anymore. Also the obligation to report the start and termination of supplies of goods and services subject to local reverse charge mechanism has been abolished.

Electronic Portal.
The amended VAT Act also simplifies certain procedures, which will now be performed electronically via an electronic portal of the tax authority. Some of the most important changes are:

  • After 1 July 2012, a refund claim for VAT payers established in a third country should be submitted electronically with all the required attachments. After that date the paper form will no longer be in use.
  • A request for the termination of identification for VAT purposes will have to be submitted to the tax authority electronically. The provision shall apply from 1 January 2012.

Alenka Gorenčič
agorencic@deloitte.com

 

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