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1 January 2014

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Tax Code – amendments proposed

On 20 January 2014, the Ministry of Finance published a draft of an Ordinance for amending various legal acts. Details of the Tax Code amendments, which unless otherwise indicated will apply within 3 days after publication, are summarized below.
Direct taxation
Due to difficulties in assessing the gain of individuals from winnings and lotteries, certain types of income from this type of activities, such as income from betting, slot machines or from gambling in casinos and poker clubs will be exempt from tax.
The procedure for refund of excess withholding tax on payments to non-residents (i.e. when a more favourable rate is available) will be excluded from the Tax Code. A new general procedure will be put in place in the Fiscal Procedures Code, which will unitary apply to all refunds of withheld taxes (to residents and non-residents). The refund would be done by the income payer at the request of the taxpayer, and the refunded amounts would be compensated with similar tax liabilities owed by the income payer for the same tax period.
Indirect taxation
With effect from 1 January 2015, for telecommunication, radio and television broadcasting services supplied to a non-taxable person established in the EU, the place of supply will be where the recipient is established. Currently, when these services are supplied by a taxable person established in the EU to a non-taxable person established in the EU, the place of supply is where the supplier is established.

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