Fiskalizacija te njezino uvođenje ovih dana je vrlo aktualna tema između poduzetnika koji posluju na području RH. Razlog tome je donošenje Zakona o fiskalizaciji u prometu gotovinom u Hrvatskom saboru, a koji se počinje primjenjivati od 1. siječnja 2013. Kako se prema Zakonu o fiskalizaciji u prometu gotovinom (dalje: Zakon) namjerava provesti postupak fiskalizacije, tko se smatra obveznikom fiskalizacije, kada za pojedine obveznike fiskalizacije kreće obveza fiskalizacije te o svim ostalim pojedinostima fiskalizacije, više u nastavku članka.
1. Fiskalizacija – općenito 2. Model fiskalizacije 3. Obveznici fiskalizacije 4. Postupak fiskalizacije 5. Blagajnički maksimum i gotovina 6. Umjesto zaključka
Within a number of taxation and other changes expected on 1 January 2013, there is a new VAT rate of 5% on the goods on which VAT has not been paid so far, such as bread, milk, books, drugs, orthopaedic aids, science magazines and the services of public releases of films. The Amendments to the Value Added Tax Act are expected in December 2012, when they will also be published in the Official Gazette of the Republic of Croatia. The increased VAT rate from 0% to 5% should become effective on 1 January 2013. This means that the new VAT rate should be calculated on the deliveries of goods and services since 1 January 2013 and on the issued invoices. This arises from the basic principle of arising of tax liabilities in the sales of goods and services determined in the Art. 7., Par. 1. of the Value Added Tax Act. Besides the changed tax rate, the contents of the tax records – billings and the VAT Form are changed too. All these changes become effective on 1 January 2013. The annual calculation of VAT for 2012 should be made in the old PDV-K Form.
The procedures of the pre-bankruptcy settlement are carried out if the settlement has been initiated by the debtor. The creditors in such a procedure represent an important factor, if they make a consent to write off or to postpone the due date of their claims. The article points to the provisions of the Act on Financial Operations referring to the pre-bankruptcy settlement, which have not been properly determined. The author suggests some new solutions.
The over-indebtedness or the inadequate capital principally affect the company’s liquidity, which is mostly determined as the company’s insolvency. If the responsible person or the entrepreneur do not initiate a pre-bankruptcy settlement in case of the existence of such a situation, this is regarded as a violation for which high penalties are to be paid or the responsible person can even be sentenced to imprisonment. According to the latest Amendments to the Companies’ Act a company member or the chief executive director may also be put under sanction if they have not claimed for the start-up of the bankruptcy procedure due to the justifiable reasons such as over-indebtedness. The sanction comprises a penalty in cash or up to two years of imprisonment. The goal of this article is to explain the situation to the executive directors and company members when the conditions for the start-up of the pre-bankruptcy settlement or bankruptcy procedure exist, in the case when it was not operated according to the existing law.
Autor: Dr. sc. Vlado BRKANIĆ , prof. vis. šk., ovl. rač. i ovl. rev.
Upon application of the Act on Financial Operations and Pre-Bankruptcy Settlement it is possible to use state subsidies in the case when creditors are the state, the units of local and regional self-government and the companies whose majority shareholder is the state. This article presents such cases and points to the possible problems.
The author of the article writes about the issue whether the receivables from buyers need value adjustment i.e. whether they should be written-off and the conditions under which the expenses for value adjustment of receivables from buyers or write-off could be recognized in view of taxation. According to the accounting standards the receivables from buyers are to be recorded per fair value, including value adjustment and write-off. The article presents the procedure of reducing the receivables to the fair value and recording of the value adjustment and written-off receivables from buyers in book-keeping, including their tax position.
Autor: Mr. sc. Katarina HORVAT JURJEC, dipl. oec. i ovl. rač.
At the end of the year, entrepreneurs usually check-up the useful value of the assets, such as office and computer equipment, furniture, small inventory, in order to determine whether their use or sales can bring some economic benefits. If this is not the case, such assets should be written-off, destroyed and delete from the business records, since they no longer fulfil the criteria for asset recognition. The author of the article explains the writing off of the assets and small inventory from the accounting and taxation viewpoints and stresses the importance of collecting the corresponding documents upon deleting such assets from the business records.
The institute of a simple limited liability company has been introduced into the Croatian legislation, which complies with the acquis communautaire of the EU. The specifics of such a legal form of a company comprise the lowest amount of the share capital of HRK 10.00, lower costs of its establishing, a simpler establishing procedure using the corresponding forms, the payment of share capital in cash only, up to three members and one member of the management board only, obligatory legal reserves and the obligation of summoning up the company’s assembly in the case of insolvency.
The author of the article provides an overview of the latest changes of the IFRS. The changes mostly refer to the IAS 1 in which the parts referring to the report on the comprehensive income have been changed, whereas in other IAS only the minor parts of certain requirements have been changed. They mostly refer to the changed title of the above stated report. Besides, the new text of the IAS 19 has been published. It defines the recording and disclosure of employees’ income.
The authors of this article recommend to accountants to check whether they recorded the business events in the ledger on the basis of valid documents following the dates of their emergence according to the professional rules. The analytical records comprise the types of assets, the deadlines of settlement of liabilities and the nature of costs. Due to the fact that business events are recorded in accounting during the year, some of them not being completed, the mistakes are possible, including the changes of regulations. Therefore, before drawing up the annual financial reports it is advisable to check whether all the business events are recorded according to the accounting standards and regulations.
Autori: Mr. sc. Katarina HORVAT JURJEC, dipl. oec. Dr. sc. Đurđica JURIĆ , ovl. rač. Tamara CIRKVENI , mag. oec., univ. spec. oec. i ovl. rač. Mr. sc. Nada DREMEL, dipl. oec., ovl. rač. i ovl. rev. Dr. sc. Šime Guzić , ovl. rač. Zrinko TRCOVIĆ , dipl. oec. i ovl. rač.
There are no obstacles for the legal persons – budget beneficiaries to receive an advance payment in the case of sales of their products, goods and services, whereas in the case of making advance payments there are certain limits and the budget beneficiaries need to obtain an approval. The advance payment may be maid if a budget beneficiary receives a certain cash amount for the undelivered products, goods or services, which they need in order to realize the contracted deal more easily. The article presents the way of recording the received advance payments and the taxation viewpoints of the advance payments received by the legal persons – budget beneficiaries, who are not included in the value added tax system and those who are.
Autor: Mirela GLAVOTA, dipl. oec., ovl. rač. i ovl. rev.
At Christmas time the employers traditionally give Christmas bonuses or gifts in kind to their employees, or give gifts to their children. According to the tax regulations the above stated tangible rights of employees can under certain conditions and up to certain amounts be paid tax free. The article states the conditions to be fulfilled by the employers upon such payments.
The new Rulebook on the Calculation of Salary, Salary Compensation and Severance Payment (Official Gazette no. 120/12) became effective on 8 November 2012. In the case of a partially paid salary, employers are obliged to issue two payrolls. However, similar to the previous rulebooks, the provisions of the new Rulebook also cause a number of problems in the practice. This article presents a payroll of the calculated salary and compensation of salary. The articles in the forthcoming RRiF issues will deal with the payroll regarding severance payment.
The basic criterion for entering the Register of VAT Payers by the force of law and the exit from it is the sum of the realized turnover in the previous year to the amount higher than 230,000.00 HRK. Despite the expectations this sum has not been changed compared to the previous years. Some enterprises will enter the VAT system voluntarily because in the previous year they did not exceed the amount of the realized turnover of 230,000.00 HRK. Exceptionally, enterprises may voluntarily enter the VAT system during the business year, however only before the first delivery of goods or services at the latest. The decision on the voluntary entering the Register of VAT Payers may be made at the end of the business year. The criteria for entering the VAT system or the exit from it have not been changed compared to the pervious year.
The reduced VAT rate of 10% has been applied on the accommodation in commercial catering facilities since 1 January 2006. However, this VAT rate will be applied on the catering services from 1 January 2013. The VAT rate of 10% is to be applied on catering services in all types of catering facilities, such as a restaurant, a coffee bar or some other type of a catering facility. However, the VAT rate of 25% will still be calculated on the alcoholic drinks. It is important to determine which facilities are regarded as catering facilities in order to correctly apply the corresponding VAT rate. According to the Rulebook on Classification, Minimum Conditions and Categorization of Catering Facilities, depending on the type of services rendered in such facilities, catering facilities are classified in the following groups: hotels, camping sites and other accommodation facilities, restaurants, bars, delivery facilities, single-service facilities. Besides the taxation regulations, it is important to be familiar with the Act on Catering Industry which determines the ways and conditions under which legal and physical persons can perform catering services. The Act on Provision of Services in Tourism determines the ways and conditions for provision of services in tourism, such as the services rendered by tourist agencies, a tourist guide, a tourist escort, a tourist animator, a tourist representative, tourist services in nautical tourism, etc.
Njemačko ministarstvo financija u svome mjesečniku Monatsbericht br. 6/12., objavilo je poseban dio pod nazivom „Die wichtigsten Steuern im internationalen Vergleich 2011“. U tom materijalu prikazani su najvažniji porezni podatci (npr. udio poreza u BDP-u, vrste poreza, visina poreznih stopa) za države članice EU i OECD-a. Za potrebe našeg čitateljstva u nastavku se daje prilagođeni prijevod tog materijala. Aktualan je jer sadržava najnovije podatke (stanje 2011.), a posebice zna li se da su suvremeni porezni sustavi zadnju godinu, uslijed svjetske financijske krize, pretrpjeli znatne izmjene i korekcije poreznih stopa. U RRiF-u 11/12. str. 97. objavljen je prvi dio ovog članka.
Upon application of control testing, an auditor should select all the essential processes of control and identify a control for each business process on the level of every statement and transaction class. Afterwards, an auditor determines the sample, the time and the way of control testing.
Autor: Anamarija Miletić , dipl. oec., ACCA i ovl. rev.
Autorica u članku obrazlaže amandmane donesene na MSFI 10, MSFI 12 i MRS 27. Navedenim amandmanima definira se ulagateljsko društvo i navode određena izuzeća od sastavljanja konsolidiranih financijskih izvještaja.
1. Početak primjene 2. Amandman na MSFI 10, konsolidirani financijski izvještaji 3. Određivanje je li poduzeće ulagateljsko društvo 4. Ulagateljsko društvo: iznimka konsolidacije
The realization of the project proposal for the EU funds actually represents a promise of the applicant that the project idea is feasible. The real test of each project idea is performing, i.e. the phase of the realization of the project. The article present an overview of the “first steps”, which are recommended to be made before the start-up of any EU project. Depending on the need and nature of the project and the capacity and possibility of the consortium which develops the project proposal, some of these steps should be made upon development of the project proposal. The better the quality of the project is, the less problems will be upon its realization.
1. Jednostavnija pravila za novac eu 2. Poduzetnici lakše do novca iz programa Horizon 2020. 3. Najavljene promjene revizorskih praksi 4. Kada 11 članica eu kreće s ‘Robin Hood’ porezom 5. Njemačka prekida s fiskalnim izravnanjem 6. Rumunjska predstavila plan porezne reforme 7.Zürich namjerava prepoloviti korporativnu poreznu stopu
The new Act on Investment Incentives and Improvement of Investment Environment became effective on 10 October. The Directive on realization of the above stated Act is expected to be passed by the end of the current year. It should operationalize the provisions regarding the submitting of investing elaborates, which are essential for realization of the determined incentives. In view of the provisions of the above stated Act and the deadlines for replies of the state administration, the application of the Act is hardly expected to be applied on the profit taxation for the year of 2012.
A promissory note represents a strictly formal, unique, private and legal document of a debtor (and guarantors – payers) according to which the obligation to settle a certain cash liability is taken over and a consent is given that in the case of its collection the accounts of a debtor may be distressed and the assets may be transferred to the creditor with the effects, in view of the public law, of the valid court decision on distraint, i.e. a distraint document. Such a document is determined in the new Distraint Act, whereas its contents and form are determined by the Rulebook on the Form and Contents of a Promissory Note and the Rulebook on the Form and Contents of a Blank Promissory Note. The greatest news referring to the institute of a promissory note introduced by the new Distraint Act is the establishment of the Register of Promissory Notes, in which all the promissory notes upon solemnizations are entered, i.e. before their delivery to the Financial Agency for collection.
The article published in the RRiF issue 11/12 presented the benefits of company members if they lease their real estate to the company. The differences comprise the taxation of the income from real estate and the profit tax, as well as the income from capital on the paid profit. Even higher taxation burden represents the purchase of cars for personal transportation on behalf of the company, due to the fact that it is not possible to use a prepaid tax. This article presents through the examples the replies to the question whether a purchase of a car on behalf of a company is actually cost-effective, whether it is beneficial to calculate a salary in kind, so that all the expenses would be recognized to the total amount and whether it is better for a car to be bought by a physical person – a company member, and then leases it to the company as a private property. The article also provides the answer if it is cost-effective to the physical person to obtain the compensation of HRK 2.00 per km done for business purposes.
The accession of the Republic of Croatia in the European Union does not represent its entry into the European Monetary Union. Accordingly, the Croatian kuna will remain the legal currency used in the Republic of Croatia. Due to the above stated fact, from 1 July 2013 on, when the Republic of Croatia enters the European Union, the foreign currency regulations will be the same as before its accession into the European Union. The article presents an overview of the valid foreign currency regulations, which will also be applied from 1 July 2013, if there are no dome changes.
Export subsidies represent a measurement of the common agricultural policy aimed at supporting the export activities and the agricultural production in the Community. They also represent an instrument of supporting the economic and social policies, especially for the farmers in the rural areas. Such subsidies equalize the export prices of the agricultural products from the EU with those on the third world markets, which enables the competitiveness of the exporters on these markets. They are paid from the common budget of the Community. Accordingly, the rules and control of their application are strictly determined. From 1 July 2013 the exporters from Croatia will have the opportunity to apply for the export subsidies for the export of agricultural products.
Crafts businesses and other independent businesses, which are in view of taxation treated in the same way as crafts businesses and pay the income tax, are obliged to change the way of taxation from 1 January 2012 if they exceeded in 2011 at least one of the criteria regarding the total receipts, income and the average number of employees determined by the Profit Tax Act. Instead of paying the income tax they are obliged to pay the profit tax. Such an obligation lasts for the following 5 years. After expiration of this period they can again become income tax payers if they estimate that this is more favourable to them. They can change the way of taxation voluntarily, but always at the beginning of the year i.e. at the beginning of the accounting period. Due to the principles of taxation it is necessary to open the initial positions according to such principles at the beginning of the year. Such procedures are presented in the article.
Autor: Lucija TURKOVIĆ-JARŽA, dipl. oec. i ovl. rač.
The Act on Employment Incentives has been changed and amended. According to the new provisions of this Act the incentive measures can be used for the employment of the persons who have been registered at the Croatian Employment Institute for less than 30 days and who have less than one year of years of service in the profession for which they were educated. Employers, legal and physical persons can sign with the above stated persons the following types of contracts: - the contract on professional training without signing the contract on employment in the duration of two years; they are obliged to insure such persons with the obligatory social insurance financed by the Croatian Employment Institute, if such persons have a diploma; or - the contract on employment, whereby they are not obliged to pay the contributions on their salary for two years. In the case of obtaining a master craftsman’s certificate, employers may sign the contract on professional training with such persons for the period of 36 months. Physical persons performing agricultural activities may hire the members of their wider family without the obligation of signing the contract on the temporary seasonal jobs. Their neighbours may help them too without signing any contract under the condition that they do not have any material benefits.
Autor: Lucija TURKOVIĆ-JARŽA, dipl. oec. i ovl. rač.
The persons engaged in the professional training without signing the contract on employment including subsidies, are according to the Act on Employment Incentives obliged to have a health insurance. Within such a status, they have the right to the complete health protection, except the right to the compensation of salary in case of sick leave. The compensation of salary due to sick leave represents the right of the persons who in the case of inability to work cannot realize their salary, which is then compensated by the Croatian Health Insurance Institute. However, the above stated persons do not realize a salary and accordingly do not have the right to the compensation of salary. According to the Act on Maternity Leave and Parental Leave Subsidies, they have the right to the maternity leave and parental leave subsidy to the lowest amount of HRK 1,663.00.
The author of the article presents some essential issues referring to injures at work and the institute of the extraordinary termination of the contract on employment, as well as the institute of participating of employees in decision-making through their employees’ councils. All these issues have appeared in the recent court practice.
The author of the article presents the institute of a secret company through its operations, including the contract on such a company, and explains the term of secret company, its members, description, form and the contents of the contract on a secret company. The article also presents the types of such companies, their establishment, legal relations and its closure. So far, a wide range of application of such a company has not been observed, which is understandable since it is a secret company. The article points to the possible misuses of a secret company, analyzes to which extent such a contract can remain secret and presents the example of the contract on a secret company, including the example from the court practice.
U članku se daje kratak opis konkurentskih sposobnosti njemačkoga gospodarstva koje, zahvaljujući uspješnosti malih i srednjih poduzeća (prikrivenih šampiona), danas to gospodarstvo uzdižu među najuspješnije u svijetu. Ta uspješnost se očituje u izvozu, što je iznimno poučno za naše prilike.
1. Pregled kretanja u EU i RH 2. Cijene u rh i eu 3. Proizvođačke cijene industrije 4. Industrijska proizvodnja 5. Vanjskotrgovinska razmjena 6. Trgovina na malo 7. Turizam 8. Plaće 9. Likvidnost i insolventnost 10. Zaposlenost i nezaposlenost
