The most important amendments to the Rulebook on Profit Tax refer to the tax relief for the re-invested profit. For the first time the Rulebook directly determines the non-recognized expense in terms of taxation, based on the value adjustment of the long-term tangible and intangible assets which subject to depreciation, except in the case when such assets have been damaged, which can be proven by the justifiable documents. The Rulebook also determines the regular keeping of the records on the pre-paid profit and the basic data which should be included in such records. It explains the application of transfer prices and defines in details the procedure of selection and the application of the methods of determining whether a certain transaction has been carried out according to the principle of the unbiased transaction.
Autor: Mr. sc. Đurđica JURIĆ, dipl. oec. i ovl. rač.
The amendments explain the provisions of the Income Tax Act, according to which the income tax from capital is to be paid upon the payment of profit or dividends realized after 31 December 2000.The article provides the instructions on the taxation of the exemption on the account of the profit of the current year for the private purposes of the company’s members with a special emphasis on the exemption based on the pre-paid profit which exceeds the profit made in the current period and determined in the final account. There are also new provisions regarding the calculation of the profit tax paid abroad. The new provisions also include the increased limited amount of the personal exemption for the supported children and other family members Other amendments comprise the explanations of the provisions of the above stated Act, which have been insufficiently comprehensive in the practice so far.
Autor: Lucija TURKOVIĆ-JARŽA, dipl. oec. i ovl. rač.
The article explains the categories of motor vehicles for which a prepaid tax cannot be deducted upon their purchase since 1 March 2012, i.e. the start-up of their utilization. The new category of vehicles N1 (caravans and alike) has been introduced, on which a prepaid tax can be deducted.
Vlada RH je na prijedlog Ministra financija na svojoj sjednici 20. lipnja 2012. usvojila konačni prijedlog izmjena i dopuna Općeg poreznog zakona (dalje: OPZ) kojega je uputila u Sabor na usvajanje. Vrijeme donošenja, objave u Narodnim novinama te stupanje na snagu očekuje se početkom srpnja. U članku se daje prikaz važnijih odredaba koje su do sada izazivale brojne prijepore i koje će zasigurno izmijeniti neke loše navike većih poreznih obveznika. Ono što ne bismo željeli iz ovih izmjena jest zlouporaba poreznog prava koje može svima otežati poslovanje. U rubrici POREZI u ovom broju časopisa pišemo o važnosti porezne tajne prema njemačkoj porezno - pravnoj praksi te o prioritetnom položaju države kao vjerovnika u porezno - pravnom odnosu.
1. Objava poreznih dužnika na internetskim stranicama porezne uprave 2. Proboj ograničene odgovornosti društva na članove društva i uprave 3. Kako i tko će utvrđivati zlouporabu 4. Prijeboj tražbina prema državnom proračunu s poreznim dugom
The statistical reports of enterprises for the period January-June 2012 are to be submitted in the TSI-POD Forms until 20 July 2012. The article presents the brief instructions how to fill in some positions, including the definition of the enterprise obliged to submit such a report and the way of its delivery.
The value adjustment of assets represents the adjustment of the book value of the assets with their market value if the market value is lower than the book value. The reduced value of the assets is recorded as the cost of the period or as the reduced revaluation reserves connected with such assets or as the difference in price of the goods on stocks if the value of the goods has been reduced, In view of the profit tax, the value adjustment does not represent the tax expenditure of the long-term assets if the assets have not been damaged or sold.
According to the requirements of the CFRS 7 i.e. the IAS 40 the investments into real estate include the real estate purchased by other parties or constructed with the aim of making income from rental and/or increase of their capital value. The article explains the classification of such real estate and determination of their value in terms of accounting. It also presents the examples of their recording, purchase, keeping, re-classification and sales.
Foreign exchange operations comprise the purchase and sales of foreign currency cash and cheques. Besides banks, such operations may be performed by authorized exchange offices, which may be legal or physical persons. Their work is strictly regulated, including the technology of their work, which is to be applied by all the authorized exchange offices. The article presents an overview of foreign currency exchange operations in the book-keeping of the persons obliged to apply the Accounting Act.
Autor: Mr. sc. Nada DREMEL, dipl. oec., ovl. rač. i ovl. rev.
The article analyzes the specifics regarding the recognition of the income and expenses in view of taxation and accounting in the companies engaged in insurance mediation. The article also presents the way of submitting the regular reports and the reports on request of the Croatian Agency for Supervision of Financial Institutions.
Autor: Anamarija Miletić , dipl. oec., ACCA i ovl. rev.
The distribution of costs on the outputs (products) in some production activities requires the knowledge on costs and their nature, regarding the change of the production volume, the use of capacities, the place of production and other criteria. In order to distribute the costs it is necessary to apply the analytical accounting. Two methods are mostly used for the distribution of costs on the bearers. They are the calculation of costs according to the work order and the calculation of costs for the production line or by observing the process. Upon the distribution of costs of the particular place on the outputs, various types of calculations are used. The most common one is the additional calculation.
Autor: Emica TRCOVIĆ, dipl. oec., prof. i ovl. rač.
The automobiles used for transportation of persons represent a part of the company’s long-term fixed assets which were not purchased for further sales but are used for business purposes. In view of the value added tax, their tax position depends on the accounting period in which they were purchased and whether the company could deduct a prepaid tax upon their purchase.
Upon presenting the income from refund of obligatory contributions for pension insurance a special attention should be paid to the deferred items in the specific accounting periods. The collection of payment by credit cards requires a careful monitoring of the collection of receivables from buyers and credit card payers, with whom an agreement on such operations has been signed, as well as the correct presentation of the expenditure for commission which belongs to the credit card owner. In such a case the gross principle is to be applied, which means that the income cannot be recorded as reduced by the amount of such expenditure.
Autor: Mr. sc. Nada DREMEL, dipl. oec., ovl. rač. i ovl. rev.
The organizations, whose book-keeping is in the system of non-profit accounting, should prepare the report (account) on income and expenditure for the period January-June 2012. Such a report is not different from the report on income and expenditure which was prepared for the period January-June 2011. The article stresses the specifics which arise upon the book-keeping of accounts and the preparation of the reports on income and expenditure for the period January-June 2012.
Autori: Mr. sc. Nada DREMEL, dipl. oec., ovl. rač. i ovl. rev. Mirela GLAVOTA, dipl. oec., ovl. rač. i ovl. rev.
Upon the sales of the long-term assets which have the recorded present value, the non-profit organizations should consider the accounting system in which such assets were purchased i.e. whether upon the purchase of the assets which are to be sold the expenditure was recorded. If such assets were purchased in the previous years, i.e. until 31 December 2007 and such a purchase was recorded as expenditure, according to the regulations valid in this period, the present value of such assets cannot be recorded as expenditure but should be entered on the account of the source of ownership. Contrary to this, the assets purchased after 1 January 2008 are recorded on the account of expenditure during their lifetime. In the moment of the sales of the assets at their present value, a non-profit organization is obliged to enter such a purchase on the account of expenditure.
Autor: Mirela GLAVOTA, dipl. oec., ovl. rač. i ovl. rev.
According to the Labour Act the employees have under certain conditions the right to the annual holiday, whereas the holiday bonus represents a tangible right of an employee which may be obtained only according to the enactments which regulate employees’ rights. The article explains the tax position of payment of a holiday bonus and compensation of salary during the annual holiday.
The VAT rate of 10% is paid on the accommodation services in the commercial catering facilities. Such services can be provided to guests directly or through mediation of a tourist agency. The article analyzes the way of determining the mutual relationship between the renter and the agency, the VAT payment and the tax position of the renter if the service is provided without mediation of a tourist agency.
Autor: Mr. sc. Ljerka MARKOTA, dipl. oec. i ovl. rač.
Due to the fact that upon making public payments, the legal and physical persons engaged in the registered economic activities and citizens often make mistakes when filling in the payment orders by entering the wrong account number, the model of payment, PIN or reference number, the paid assets can be wrongly transferred. The article presents the ways of filling in the claim for payment of the overpaid sum of tax on their giro-account or the claim for correction of the incorrectly recorded payments, including the institutions where such claims are to be submitted.
The Companies’ Act does not determine the model of transfer of a sole trader into a limited liability company, i.e. the possibility of merging or affiliation and the physical and legal persons. However, the transfer of the economic entity – a sole trader who is a profit maker into a limited liability company can be carried out in accordance with the tax and accounting regulations, usually with the consent and according to the instructions of the competent Tax Administration.
Autor: Mr. sc. Katarina HORVAT JURJEC, dipl. oec. i ovl. rač.
The article presents a review of the proposed amendments to the General Taxation Act, which would introduce the so-called breach of responsibility for tax liabilities in certain tax and legal situations for company members too. The author of the article suggests that the proposed legal formulation will infringe the constitutional principle of equality of all the persons in terms of law, which means that in the case of the collection of tax liabilities from the tax payers the Republic of Croatia is going to become a privileged creditor.
The term of tax secret in the German tax legislation comprises all the personal, economic, legal and other circumstances of a tax payer which include a taxation procedure, an administrative procedure and other measures taken by the participants. The violation of the tax secret in Germany is punished by imprisonment. All the official persons are obliged to keep the tax secret. The exception refers to the circumstances when the tax payer makes a consent to reveal the tax secret, for the purpose of a crime procedure or the existence of the public interest.
1. Komisija je pokrenula projekt zapošljavanja mladih u inozemstvu 2. Europski parlament podržao porez na financijske transakcije 3. Europska komisija predlaže nova pravila o PDV-u za bonove 4. Konzultacije o prioritetima industrijske politike EU-a 5. EP traži točne podatke o utajama poreza 6. Raste porezno opterećenje u EU
One of the fundamental obligations of the persons obliged to take measures and carry out the activities of prevention of money laundering and financing of terrorism is to pass the internal enactment which within the legal framework defines the measures, activities and procedures to be carried out in order to prevent money laundering and financing and disclosure of terrorism. The internal enactment (usually called a rulebook) should be adjusted to each obliged person. However, the groups of obliged persons may have similarities in the activities of prevention of money laundering, due to their similar operations. The article presents a sample of the internal enactment in the system of prevention of money laundering and financing of terrorism for the obliged persons, who may be classified into unprofessional and other activities.
Within the system of prevention of money laundering and financing of terrorism the persons obliged to apply the law and other valid regulations which determine this topic have to fulfil a number of obligations. The procedure and measures of due diligence include the collection of certain data within the legal framework, the types of documents according to which such data are collected and the permanent observation of the client. The persons engaged in the professional activities should carry out the procedure of due diligence in a different way than the other persons obliged to apply the Act.
Autor: Mr. sc. Nada DREMEL, dipl. oec., ovl. rač. i ovl. rev.
The Decision on the Way of Opening Transaction Accounts, according to which the IBAN construction of the transaction account was introduced, has been changed. The use of the old format of the account and the performance of the national payment transactions in the IBN construction will be possible for another year. The use of the recently introduced new forms will be possible together with the payment orders which have been used so far. The supplement contains the codes of the purposes, the use of which is not obligatory for now. Each bank should provide such codes to their clients.
The importance of the corporate management is constantly being improved and developed in order to achieve the stable and transparent operations of credit institutions, without underestimating the importance of their profitable operations. The authorized bodies established by the European Union are continuously issuing documents such as directives and principles which make foundations, give instructions and determine the frameworks and ways of establishing the adequate system of corporate management in credit institutions. The parts of these principles are implemented in the existing Act on Credit Institutions and its bylaws, especially those parts which determine the components of the management system of credit institutions, the risk management system and the internal control.
A customs warehouse is each place authorized by the customs office which is under the customs supervision, so that the goods can be stored according to the corresponding regulations. The operations of the customs warehouses are complex and comprise various viewpoints. The article deals with the topics which comprise the operations of customs warehouses: a) records of customs warehouse, the procedure of customs warehousing in the D-type warehouse, b) the ways of regulations of losses, misappropriation and return of goods from the customs warehouse and the equipment of vessels and aircrafts from customs warehouses, which represents a specific activity within the operations of customs warehouses.
Since 10 May 2012 the providers of catering services in private houses have had the equal possibilities as the last year in view of the accommodation capacities. The accommodation capacities are still limited to10 rooms i.e. 20 beds in a room, an apartment or a holiday house and to 10 accommodation units or 30 persons on a camp site.
Upon performing their registered activities the salesmen should act freely and under the same conditions on the market, in the way that the market competition is not prevented, limited or deteriorated. They should treat the users of their services (consumers) in a professional was and respect the determined code of behaviour and a good business practice. An unfair business practice, which implies the deceiving acts and neglect and the aggressive behaviours is forbidden. The article explains which business practice of a salesman is regarded as unfair and the ways in which the consumers may protect themselves from the unfair business practice.
The Amendments to the Act on Catering Industry, which became effective on 10 May 2012, introduced some changes which are expected to make the catering operations in some situations. The procedure of issuing the permit for performing a catering activity in the case of continuation of such an activity has been simplified, the provisions regarding the conditions for issuing the decision on the minimum conditions regarding the valid court decision on the violation for certain measures have been deleted. The Act determines the possibility to issue a temporary permit for the caterers on the camping sites placed on the state-owned land without a concession and the deadline of compliance of the catering services on the camping sites with the Act on Catering Industry has been prolonged until 30 April 2015. The accommodation capacities by the providers of catering services in their homes have been increased. The continuation of the provision of catering services by the successor of the previous provider has been enabled. Some conditions as the reasons for termination of the permit on provision of catering services have been deleted.
The author of the article present an overview of the Act on Employment Incentives, which determines the conditions for exercising the rights to reliefs of the employer when employing the unemployed persons without any working experience in the vocation for which they have been educated, the persons who have been unemployed for along time. This Act also comprises the possibility of the professional training without signing the contract on employment, regardless of the fact whether the professional examination or the working experience (determined by law or some other regulation) represent the condition for working on the post in a specific profession, including the use of the measures of the active employment policy. The above stated Act also determines the simpler way of employing seasonal workers for temporary jobs in agriculture.
The Act on Employment Incentives was passed in order to reduce the unemployment rate, to offer young persons gaining some working experience and to initiate the economic development. The Act provides to employers certain reliefs such as the reduced amount of liabilities for contributions on the employees’ salaries.
Autor: Lucija TURKOVIĆ-JARŽA, dipl. oec. i ovl. rač.
Zakonom o poticanju zapošljavanja (Nar. novi., br. 57/12. – dalje: ZOPZ), koji je stupio na snagu 31. svibnja 2012., u sustav mirovinskog osiguranja uvode se tri nove kategorije osiguranika za koje treba podnijeti prijave nadležnoj ispostavi Hrvatskog zavoda za mirovinsko osiguranje. O tome kako prijaviti nove kategorije osiguranika pišemo u ovom članku.
1. Uvodne napomene 2. Zapošljavanje nezaposlenih osoba bez radnog iskustva u zvanjima za koja su se obrazovali i dugotrajno nezaposlenih osoba (čl. 3. ZOPZ-a) 3. Stručno osposobljavanje bez zasnivanja radnog odnosa(čl. 6. ZOPZ-a) 4. Razlike između osoba zaposlenih prema ugovoru o stručnom osposobljavanju bez zasnivanja radnog odnosa prema zakonu o poticanju zapošljavanja prema zakonu o radu