The draft of the Amendments to the VAT Tax include an increase of the VAT rate from 10% to 13%, the taxation of daily newspapers at the 5% rate, a longer list of the goods which at VAT exemption may be imported and delivered into tax warehouses and the changes of the realization of VAT exemption for diplomatic representatives and consulates. Some provisions have been changed too, in order to avoid further dilemmas. Upon the acquisition of the goods from another member states the tax base should include tax amounts, customs duties, other duties, except VAT, as well as side expenses such as commissions, packaging costs, costs of transportation and insurance which is calculated to the buyer or recipient by the provider of goods. The reverse charge for construction services, deliveries of construction materials and alike in the country is applied only in the case then the recipient of the goods is the person entered into the Register of VAT Payers and already keeps the VAT books.
In accordance with the Directives on the economic fiscal policy of the Government of the Republic of Croatia the Act on the Amendments to the Act on Income Tax has been under procedure. The right to the increased tax benefits (personal exemption) for the physical persons who live or reside in the area of the special state concern or the hill and mountain area has been cancelled. Such a right may be exercises only by the physical persons who live on the territory of the town of Vukovar and the supported areas determined by the special regulations on the regional development of the Republic of Croatia. Compared to the existing Act, according to which the receipt based on the preferred conditions of allotment or optional purchase of one’s own shares has been regarded as the income from capital, the new proposed Amendments to the Act define such a receipt as another income from non-independent work (salary). Due to the fact that a substantial number of works in Croatia are performed as temporary work or one-time work, it has been proposed that such receipts should obligatorily be included in the annual tax return.
The new codes of types of income for payment of taxes and contributions are to be applied as of 1 January 2014. The changes also comprised the payment of receipts which are taed in accordance with the regulations on another income, income from capital, insurance and property rights. As of 1 January 2014 the section reference number of the recipient should be filled in by the PIN of the payer, not as before the PIN of the recipient (physical person), regardless of the type of income.
Autor: Anamarija Miletić , dipl. oec., ACCA i ovl. rev.
Under urgent procedure are the changes of the regulations on calculation and payment of profit tax. A part of such changes should be adopted during 2013 and the rest at the beginning of 2014. The basic characteristics of the changes of the taxation rules comprise the reduced possibilities of using benefits which have so far been applied in the areas of the state specific concern, the Town of Vukovar and the hill and mountain areas. The benefits have been introduced for the enterprises which operate in the towns and municipalities whose development index is lower than the state average. The banks have the opportunity to write off the receivables for housing credits and credits and due interests to enterprises if their repayment endangers the fulfilment of the living needs of the citizens i.e. entrepreneurial activities.
In July 2013 the European Parliament and the Council of the EU adopted the new Accounting Directive 2013/34/EU on annual financial statements, consolidated financial statements and similar statements for the particular companies. The above stated Directive has replaced the Directive 78/660/EC on annual financial reports, known as the Fourth Directive and the Directive 84/349/EEC on consolidated annual financial statements, known as the Seventh Directive. All the EU member countries, including the Republic of Croatia, are obliged to implement the provisions of the new Directive into their national accounting regulations until 20 July 2015 at the latest. The author of the article presents an overview of the provisions of the new Directive and points to the changes compared to the requirements of the previously valid Directives.
The article deals with the issue whether the receivables from buyers should be adjusted in terms of the value i.e. written-off, and states the conditions which have to be fulfilled in order for the cost of the value adjustment of receivables from buyers or their write-off could be recognized for taxation purposes. The accounting standards require the presenting of receivables from buyers at the fair value, i.e. the recording of the value adjustments and write-offs. The article states the procedures of reducing the receivables to the fair value, i.e. the recordings of value adjustments and written-off receivables from buyers in book-keeping, including their tax position.
Autor: Mr. sc. Katarina HORVAT JURJEC, dipl. oec. i ovl. rač.
In the case when the buyer does not settle the payment on the due date of the invoice, it is considered that the uncertainty of payment should be estimated for such a receivable or that the buyer will settle a partial payment. Accordingly, it should be decided whether such a receivable should be and at which value adjusted. The article explains how to estimate the percentage of the value adjustment of the receivables from buyers and which methods should a company use, in order to speed up the collection of payment and to reveal the buyer “non-payer” on time.
Autor: Anamarija Miletić , dipl. oec., ACCA i ovl. rev.
The tax regulations enable to public companies to allot the shares to their employees and the members of the management board or to buy the shares under the so-called optional contracts which include more favourable taxation conditions. The conditions for the use of such tax benefits are the participation of these persons in the profit of the particular public company and the listing of the shares on the stock market or an ordinary public market. On the other hand, the accounting standards require for the payment in shares not to be recorded as distribution of profit, but as the cost of the period. In such a way, the recording does not have the characteristic of participation in the profit and accordingly the preferred tax rate cannot be used. The article points to the incompatibility between the tax and the accounting regulations and initiates the application of the tax regulations.
Bliži se kraj poslovne godine i obavljaju se pripreme za sastavljanje godišnjih financijskih izvještaja za 2013. Iz tog razloga smo izradili kontrolno – analitičke postupke vezane uz poslovne događaje koji se najčešće pojavljuju u poslovnoj praksi u kojima smo definirali moguća računovodstvena i porezna rješenja. Izloženi postupci praćeni su prema sadržaju RRiF-ovog računskog plana za poduzetnike (XVII. izmijenjeno i dopunjeno izdanje). Prikazani koncept može biti od pomoći pri provođenju kontrola prije izrade završnog računa.
Autori: Mr. sc. Katarina HORVAT JURJEC, dipl. oec. i ovl. rač. Dr. sc. Đurđica JURIĆ , ovl. rač. Dr. sc. Tamara CIRKVENI , 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.
This workshop on budgetary accounting records and analyzes the recording of the collection of the general revenue through POS devices observed by the budget beneficiary and the received cash deposit as the security instrument in the public procurement system. In the first case the revenue has also been realized for the liabilities to the bank, which it suspends in the form of reducing the amount of money on the recipt on the account of the Treasury. Although it is a cash deposit, the liabilities for such a cash deposit are presented as liabilities for securities, due to the fact that it has been granted within the system of public procurement and does not have the characteristics of a deposit according to the special regulations.
Autor: Mr. sc. Nada DREMEL, dipl. oec., ovl. rač. i ovl. rev.
The organizations applying the non-profit accounting are sometimes obliged to record their business events within the determined chart of accounts, which is in view of the purpose of the work of non-profit organizations primarily applicable to non-entrepreneurial activities. Accordingly, the recordings have to be adjusted to the essence of the business events. One of such adjustments refers to the recording of production.
Autor: Mr. sc. Nada DREMEL, dipl. oec., ovl. rač. i ovl. rev.
In the time of the forthcoming Christmas holidays employers may give to employees occasional gifts such as Christmas bonus, gift in kind, gifts to their children or the thirteenth salary. An employer is not obliged to give gifts to the employees. This solely depends on the employer’s decision, which may be stated in some enactments regulating employees’ rights. According to the corresponding tax regulations the above stated substantive rights of employees may be tax exempted up to the certain amount and under the specific conditions.
Who Are VAT Payers and Who Should Be Registered as VAT Payer in 2014 A VAT payer is each person who independently performs any economic activity regardless of the purpose or the result of the performance of such an activity. From the viewpoint of the VAT regulations, the term of a tax payer should be observed in a wider context. Accordingly, there are the tax payers entered in the Register of VAT Payers (“regular tax payers) and there are those who have to be registered for the VAT needs, when they obtain the VAT identification number. In such a way, they take over the VAT payment liability without having any rights arising from the VAT regulations, i.e. the most important right – the right to pre-tax. They are only obliged to pay the tax.
The adjustment of the exemption of the pre-tax is principally carried out if the exemption is higher or lower from the exemption which a tax payer had the right to, i.e. if the factors according to which the amount of the exemption of the pre-tax have been changed before the submission of the VAT return form. According to the accounting regulations, the economic goods represent those goods which are classified as the fixed assets of the tax payer. In view of the economic goods the adjustment of the pre-tax is carried out in the case when the conditions applicable for the exemption of the pre-tax for the particular economic goods change within 5 years, for real estate within 10 years, including the calendar year in which the economic good was purchased or produced. The annual amount of the pre-tax adjustment amounts to 1/1, i.e. 1/10 of the VAT amount, which was calculated for the economic goods, taking into consideration the period for the adjustment of the pre-tax.
Graditeljske usluge i prijenos porezne obveze (p.p.o.) prema određenjima propisa o PDV-u obuhvaća mnoge porezne obveznike kada koriste ili kada izvode građevinske usluge na održavanju, popravcima, rekonstrukcijama i izgradnji objekata. U mnogim slučajevima ne postoji dvojba je li riječ o građevinskim uslugama, ali ima dosta radova za koje se traži potvrda spadaju li u građevinske usluge. U članku se daje pregled – katalog usluga u graditeljstvu kao pomoć u problematici kod obračuna PDV-a. Želja nam je da se što više standardiziraju i da ih kao takve prihvate kako sami poduzetnici tako i porezni nadzor. 1. Bitna obilježja sustava PDV-a u graditeljskoj djelatnosti 2. Građevinske usluge na koje se primjenjuje prijenos porezne obveze 3. Katalog građevinskih usluga 4. Prijenos porezne obveze – bitna obilježja 5. Račun za građevinsku uslugu 6. Mjesto oporezivanja građevinskih usluga 7. Umjesto zaključka
Autor: Dr. sc. Vlado BRKANIĆ , prof. vis. šk., ovl. rač. i ovl. rev.
Investment into Investment Gold is determined by the Value Added Tax Act as a specific procedure of taxation, which makes this type of investment equal to other financial instruments which are VAT exempted. The transactions regarding investment fold and mediation services on behalf and on the account of a client are VAT exempted. The tax payer who produces investment gold or converts gold into investment gold has the right to choose the way of taxation on the deliveries performed to other tax payers.
Tax avoidance may be regarded as the violation and the criminal act according to the valid tax regulations. The article analyzes the cases when non-payment of taxes is regarded as violation and when as the criminal act. The corresponding regulations do not clearly distinguish the violation and the criminal act in view of the actions of a tax payer. In practice, such cases are handled by the help of the court estimates and by-laws, the European court practice, etc. A tax avoidance as an illegal tax evasion is bad for the national economy because it disrupts the fair market competition, for the Budget because it reduces the public revenue and for the public opinion because it enables the violation of the regulations by certain persons.
Due to the fact that the initial and subsequent assessment of goodwill is based on the estimates of the management, the audit of goodwill represents one of the most complex procedures in the audit process of financial statements. The author of the article presents the procedures an auditor has to carry out in accordance with the international auditing standards.
1. EK priprema jedinstvenu prijavu PDV-a 2. EK priprema poduzetnike za nova PDV-pravila 3. Odobreno povećanje ovogodišnjeg EU-proračuna 4. Hrvatska uskoro ulazi u postupak prekomjernog deficita (EDP) 5. Na popisu prioriteta EK-a i hrvatski energetski projekti 6. Bugarskoj prijete sankcije zbog moratorija na prodaju zemljišta strancima 7. Luksemburg na raskršću
U prethodnom broju RRIF-a pisali smo o izmjenama koje se odnose na upute za prijavitelje, prijavni obrazac, logičku matricu, pravila javne nabave u ugovorima o dodjeli bespovratnih sredstava te formatima narativnog i financijskog izvješća u projektu i revizorskom izvješću. U nastavku se opisuju odabrane ključne izmjene i dopune u dokumentu općih uvjeta svakog grant-ugovora. Izmjene su bitne i uglavnom se odnose na financijske uvjete u provedbi, suspenzije i prekid grant-ugovora. 1. Razlike u PRAG obrascima 2012. i 2013. 2. Procedura izmjena grant-ugovora 3. Prihvatljivi troškovi iz ugovora 4. Ostala ugovorna problematika 5. Zaključak
Physical persons – entrepreneurs, crafts businesses (sole traders), free professions and other activities classified as crafts businesses in terms of taxation, are principally obliged to pay income tax. However, they are allowed to change the way of taxation and instead of paying income tax they may pay profit tax if this seems more favourable to them. The decision on the type of tax can be made voluntarily upon opening of the business. In the case when such a decision was not made in that period, it can be made only at the beginning of the accounting period (calendar year). Due to the fact that the changed way of taxation changes the principals of determination of the tax base at the beginning of the accounting period in which such changes occur, the businesses should create the database for recording of the business events according to the defined principles of determination of the tax base.
Autor: Lucija TURKOVIĆ-JARŽA, dipl. oec. i ovl. rač.
Since the accession of the Republic of Croatia to the European Union on 1 July 2013, the statistical data on trade of goods between the Republic of Croatia and foreign countries have been collected from two different sources: the Intrastat Form for the statistics of the trade of goods among the EU countries (Intrastat) and the Unique Customs Declaration regarding the statistics of the trade of goods among the EU countries (Extrastat). Taking into consideration the basic recommendations in view of the methodology provided by the Statistical Office of the UN and the Eurostat, the State Bureau of Statistics processes and publishes the unique data of the trade of goods of the Republic of Croatia and foreign countries, whereas the Customs Administration is responsible for the collection of data from the reporting units. Upon the first applications of the VAT Forms many reporting units were inquired by the Customs Administration whether the data presented in the VAT Forms and those presented in the Intrastat forms matched. The article analyzes the issue whether such data have to match.
In view of the topics of the common trade policy in the EU the authors of the article introduce the Croatian entrepreneurs with another safeguard measure – the measure of limitations in import of textile, The measure of limitations in import of steel was presented in the RRiF Journal 05/13.
U ovome se članku razmatraju pitanja vezana uz poslovno uvjetovani otkaz ugovora o radu, osobito uz zakonom propisane kriterije prilikom odlučivanja o njemu, te izvanredni otkaz ugovora o radu poslodavca. O svemu tomu, možete detaljnije pročitati u prikazu odluka Vrhovnog suda Republike Hrvatske koje se daju u nastavku, s napomenom da je ova sudska praksa aktualna i u primjeni važećega Zakona o radu. 1. Uvod 2. Poslovno uvjetovani otkaz ugovora o radu
According to the Amendments to the Act on Financial Operations and Pre-Bankruptcy Settlement enterprises may negotiate the deadlines of payment of cash liabilities up to 360 days by signing the contract on commodity credit. Such changes should enable them to operate more easily on the market due to the fact that contracting the deadlines longer than 60 days does not require the existence of justifiable reasons any more. However, the new legal provisions have raised a number of questions and dilemmas. The author of the article offers detailed explanations on signing a valid contract, its obligatory contents, the highest possible interest rates in such contracts and the obligation of the creditor to calculate it. The article presents some samples which may be used upon signing new contracts and the tables of the contractual and default interests and the allowed deadlines between enterprises.
A certain company operates and participates in legal issues under its specific name. The name should clearly differ from the name of the other company entered in the court register. The name of the company and all its changes are to be entered in the court register. The author of the article compares the old legal regulations with the new ones and stresses the fact that the name of the company should be in the Croatian language and in the Latin script, or in the official language of a EU member country and in the Latin script, whereby the Arabic numerals may be used too. The other parts of the company data must be stated in the Croatian language and in the Latin script. It is determined by the law that a company is obliged to use its name or a shortened name in the form and contents entered in the court register. In addition, a company name or a shortened company name should be clearly shown in the business premises of a company.
This article presents the specifics of the simple limited liability company with one stakeholder and the possible problems which may arise when such a company with one stakeholder becomes the company with more than three stakeholders. The corresponding provisions of the Companies’ Act determine the establishment and operations of a simple limited liability company with one stakeholder, which may be founded by one stakeholder or up to three stakeholders and one member of the management board. Upon the establishment of a simple limited liability company a special protocol should be used, which is prepared by the public notary.
The author of the article analyzes some important issues regarding the book of decisions of a limited liability company. In practice, there are frequent questions such as what kind of book it is, which form of a company it refers to, who is obliged to keep such a book, what data are entered in this book, who is to be informed on it, etc. It should be pointed out that all the limited liability companies registered in the Republic of Croatia should have the book of decisions, in which they enter all the decisions made at the assembly and the decisions made by the company members in the written form.
1. Pregled gospodarskih pokazatelja 2. Cijene u RH I EU 3. Proizvođačke cijene industrije RH I EU 4. Industrijska proizvodnja 5. Vanjskotrgovinska razmjena 6. Trgovina na malo 7. Turizam 8. Plaće 9. Likvidnost i insolventnost 10. Zaposlenost i nezaposlenost
