In the case of insolvency entrepreneurs may settle their liabilities and collect their receivables through clearing payments. The most frequent types of such payments are offsetting, compensations, cession, assignment and takeover of debts. However, an entrepreneur may not effect clearing payments if his/her bank account has been blocked. In the case of offsetting, the Statement on Offsetting has a retroactive effect – the act of offsetting ASHRAE 90.1 did not emerge on the date of issuing the Statement, but on the date when the conditions for offsetting were fulfilled, i.e. when the receivables were due, which is usually before the date of the Statement. Through cession, the receivables of the previous creditor (cedent) to the debtor (cesus) are transferred to a new creditor (assignee) based on the contract on cession. In the business practice a customer should be informed that his/her liabilities based on our receivables should be paid to the third person. This is carried out through assignment. It is possible for the payment to the creditor to be effected by the third person – through takeover of the debt. Clearing payments are performed in the country and abroad.
Autor: Dr. sc. Đurđica JURIĆ , prof. vis. šk. i ovl. rač.
The term foreign currency clause refers to the clause stated in the sales contracts with the aim to protect the creditor from the change of the cash value in the period from the emerged cash liabilities until the moment of their settlement. ASHRAE 62.1 The author of the article explains the term of foreign currency clause from the viewpoints of accounting and taxation and provides the examples of them being stated in the sales contracts of goods and services and the contracts on loan.
A common practice is to grant loans between a company member and a company or an employee and a company. Accordingly, there are many questions whether this can be realized and in which way, whether it is possible to determine interests or such a loan is interest free. In order to grant such loans according legally, it is necessary to know asme standards the regulations in terms of law and taxation. The article provides the replies to such and other similar questions.
Autor: Mr. sc. Katarina HORVAT JURJEC, dipl. oec. i ovl. rač.
The obligation of audit for the year of 2014 is performed according to the same rules which were applied in the previous year. The financial reports subject to audit comprise those of large and middle-sized companies, the companies whose shares are listed on the stock exchange market or are to be listed on the stock exchange market and the financial sector. Besides, the financial reports of public limited companies, of limited liability companies and ASME B31.3 of limited partnerships whose revenue exceeded the amount of HRK 30m in the previous year are also to be audited. The auditor is appointed by the company’s assembly until 30 September of the current year, at the latest.
Autor: Dr. sc. Šime GUZIĆ , viši pred. i ovl. rač.
This workshop on budgetary accounting presents the accounting for and explanations of payment of the receivables in the pre-bankruptcy settlement as well as the value adjustment of the receivables which include the value added tax. Due to the fact that the existing receivables in the pre-bankruptcy settlement may be paid in a number of ways, the ways of reducing receivables are also different. Frequently, a part of the receivables is transformed into the share capital of the debtor, whereas the rest of the receivables is ASME B31.1 settled in some other period. The receivables need not necessarily be written off. A value adjustment of receivables regarding the income from the operations within the budgetary system should be recorded on the account of the changes f asset value, whereas the part which refers to the value added tax should be recorded as expenditure for operations.
Autor: Mr. sc. Nada DREMEL , dipl. oec., ovl. rač., ovl. rev. i porezni savjetnik
Ugovor o djelu uobičajeno se sklapa između pravnih i fizičkih osoba za obavljanje određenih poslova (djela ili usluge) koji imaju karakter samostalnosti. Fizička osoba koja obavlja posao može biti u sustavu PDV-a, te će u tom slučaju biti obvezna izdati račun za obavljeni posao. Osim toga, ugovor ASME B31.3 o djelu moguće je sklopiti između dvije fizičke osobe pa u tom slučaju postoje posebnosti kod način obračuna i prikazivanja na JOPPD-u. O načinu obračuna i prikazivanju u JOPPD-u, više u nastavku članka.
Autor: Anamarija Miletić , dipl. oec., ACCA i ovl. rev.
According to the Act on Maternity and Parental Leave Subsidies the persons insured with the obligatory health insurance have certain rights to health protection, sick leave and compensation of salary in the case of inability to work due to childbirth and child care. Such rights are used by biological parents regardless of whether they are legally married, as well as adopters, guardians, foster parents and other persons to whom a minor has been entrusted for custody according to the decision of the authorized body. The period of using the AWS D1.1 leave and the amount of compensation depend on the basis of the obligatory health insurance. The bases of the obligatory health insurance are: employment status, self-employment, membership in a company’s board, status of a church official, professional training without signing the contract on employment and the status of an unemployed person entered in the register of unemployed persons. Other insured persons, who have not been mentioned, have the right not to work in the case of childbirth or child care.
Autor: Lucija TURKOVIĆ-JARŽA, dipl. oec. i ovl. rač.
The author of the article presents the cases when the Croatian tax payers should be registered for VAT needs in Italy as the EU member country, whose VAT regulations have been complied with the Directive of the Council 2006/112/EC on the common VAT system from 28 November 2006. asme b31.8 Besides, the article provides the instructions regarding the procedure of registration of the Croatian tax payers for VAT needs in Italy as well as further obligations such as submission of the VAT Forms, deadlines of their submission, VAT payment, etc.
In view of the real estate sales the provisions of the Art.40, § 40 l.t.j. and k. of the Value Added Tax Act, whose application was postponed when the Republic of Croatia was accessed to the EU, will become effective as of 1 January 2015. Besides these regulations, the amendments to the Value Added Tax Act and consequently the Capital Transfer Act are expected to be changed in autumn and become effective on 1 January 2015, as well. According to the above stated regulations the tax position of buildings asme standards will not be determined according to the fact whether they were constructed, delivered or paid until 31 December 2014, whether they are new or old. The only important criterion will be the fact whether they were previously used and the period in which they were used. It is also important whether the seller is a VAT payer or is not included in the VAT system. All the real estate, buildings and lands (agricultural and construction) which do not subject to VAT payment, will subject to capital transfer tax as of 1 January 2015.
The tax on holiday houses represents a source of income to the units of local and regional self-government. It is paid according to the square meter of the usable surface area once a year according to the ruling of the authorized tax body. The persons obliged to pay the tax on holiday houses are legal and physical persons who temporarily or seasonally use a holiday house. A temporary registration of residence at the address of the holiday house does not relieve the owner from tax payment. According to the decision of the Administrative Court the tax on holiday houses is not paid on apartments and other facilities which are rented and used to make an income or a profit. Such facilities are not regarded as holiday houses, although the situation is different in practice.
Autor: Mr. sc. Mirjana MAHOVIĆ KOMLJENOVIĆ, dipl. oec.
Highschool and college students may receive various income from various payers. Depending on the type of the paid sum, the payers should decide which payments subject and which do not subject to taxation. This article analyses the issue of non-taxable payments of scholarsips, awards to students for their practical work and the compensations for working through mediation of the students’ service agency. If such income subjects to taxation, it is regarded as another income.
On 1 January 2014 the obligation of reporting in the JOPPD Form was introduced for the receipts of the physical persons, too. Such receipts are not regarded as income and have emerged upon sales of financial assets or payment of the share in profit and dividends. The article explains who is obliged to submit the report and the way of filling in the Form regarding the above stated receipts.
The author of the article presents the changes of the Directive of the Council 2006/112/EC from 28 November 2006 regarding the common VAT system, in the part which refers to the VAT frauds implemented in the Directive of the Council 2013/42/EU and the Directive of the Council 2013/43/EU from 22 July 2013. The above stated Directives of the Council refer to the mechanism of quick reaction to the fraud regarding VAT and the optional and temporary application of the mechanism of reverse taxation on the deliveries of the specific goods and services sensitive to frauds.
Despite the development of the methods and tools for prevention and disclosure of frauds, they are still threatening and are limited only by the imagination of the perpetrator. In order to commit fraud, four factors are necessary: motive, opportunity, rationalization and ability of perpetrator. The successful corporate management has the means for the successful battle against frauds. However, it is important for all the factors to be present and support one another. The internal audit, as one of the pillars of corporate management, may play an important role upon early disclosure of fraud, whereas the mechanisms of control and the attitude of management, which is reflected in the corporate code of behaviour, are responsible for the prevention of fraud.
The article presents the analytical procedures which are widely used in the process of auditing financial reports. They comprise the evaluation of financial information through the analysis of the connection between financial and non-financial data and investigation of the observed differences and correlations which are not consistent and deviate from the specific forecast amounts.
Početkom lipnja 2014. IASB je objavio dugo pripremani standard financijskog izvještavanja o priznavanju prihoda iz ugovora s kupcima. Sadržaj ovog standarda prezentira se u nastavku u sažetom obliku prema njegovim osnovnim odrednicama. Uvod 1. Korak - utanačenje ugovora s kupcima 2. Korak – utvrđivanje izvršenja ugovorene obveze 3. Korak – utvrđivanje cijene transakcije prodaje 4. Korak – raspored - alokacija vrijednosti transakcije prodaje 5. Korak – priznavanje prihoda po izvršenju svih obveza iz ugovora s kupcem
1. Hrvatska dostavila EK programe za razdoblje od 2014. do 2020. 2. U studenome ECB preuzima nadzor nad bankama eurozone 3. Bespovratna pomoć za 155 inovativnih poduzetnika 4. Francuska i dalje lobira za minimalnu plaću na razini EU-a 5. Njemačka vlada neće ukloniti ‘anomaliju’ u poreznom sustavu 6. OECD objavio normu za automatsku razmjenu poreznih informacija 7. Irska na meti Washingtona zbog niskih poreza
The Act on Amendments to the Distraint Act became partially effective in September 2014, whereas the rest becomes effective at the beginning of the next year. These are the first novelties of the Act since it became effective almost two years ago. The aim is to make a distraint process more effective, simpler and faster. The most important new provisions refer to the extension of the receipts expted from the distraint process (e.g. compensation for business trip costs and transportation to and from work), the introduction of FINA into the distraint process on real estate, the sales of real estate through e-public auction, improvement of the start.up of the distraint procedure, the institute of delivery and provision of data to the debtor, etc.
The Directive on Valuation of Real Estate and the Rulebook on Valuation Methods of Real Estate have been enacted in Croatia for the first time. Such regulations determine the persons who can evaluate real estate based on the corresponding data and the methods of valuation of real estate. According to the above stated Directive the valuation of real estate is performed by the certified court appointed experts for real estate valuation or certified court appointed estimators. The Directive comprises three types of methods of real estate valuation: comparison method, income method and cost method. The selection of the particular method depends on the type of real estate. The Rulebook on Valuation Methods of Real Estate analyses and describes in detail the methods of real estate valuation and provides the valuation parameters.
A family farm is the most common form of organization in agriculture. The family farm which is an income tax payer is obliged to issue invoices or delivery receipts. The family farm which is not obliged to keep business records, should record its wholesales activities on purchase coupons. The Rulebook on Sales of Agricultural Products Produced on Family Farm from 2 July 2014 introduced the obligation of keeping the records on the sales of its own agricultural products for all the family farms, regardless of the fact whether they keep the business records or not. The data on the sold quantity and type of products should be entered in the records on a daily basis-
The measures of the common agricultural policy have been introduced in order to ensure a regular supply of the common market with the sufficient quantities of goods at favourable prices, to enable the customs protection from the import of cheaper goods of poor quality and to ensure a sufficient quantity of quality raw materials for processing industry. The specific regulations for the import of agricultural products play an important role in realization of such an agricultural policy.
The new Rulebook on Additional Activities on Family Farms determines the conditions and ways of performing additional activities on family farms. The Rulebook on Sales of One’s Own Agricultural Products Produced on Family Farm determines the conditions under which the particular family farm may perform the sales of their own products produced on this farm. The old Rulebook on Additional Activities on Family Farms from 2013 has thus become invalid. This article analyses the important guidelines of the above stated Rulebooks and stresses the conditions and ways in which a family farm may perform additional activities and sales of their own products.
U ovom se članku obrađuje problematika uvjeta za izdavanje EU potvrde državljanima Republike Hrvatske radi dokazivanja namjere pružanja usluga na privremenoj i povremenoj osnovi u drugoj državi članici Europske unije i Europskoga gospodarskog prostora u skladu s odredbama Pravilnika o izdavanju EU potvrde (Nar. nov., br. 92/14.) koji se primjenjuje počevši od 5. kolovoza 2014. godine. 1. Uvod 2. Pravni temelj 3. Pružanje usluga od strane državljana Republike Hrvatske u drugim državama članicama EU-a 4. Postupak izdavanja EU potvrde 5. Nadležnost za izdavanje EU potvrde 6. Obveza vođenja evidencije o izdanim EU potvrdama 7. Zaključak
The new Labour Act, which became effective in August 2014, determines in a new way a number of issues regarding labour relations in the Republic of Croatia. This article analyses the provisions related to determination of the break and obligatory daily and weekly rest of an employee. Besides, it states in detail the permitted exceptions, which enable a more flexible organization of working time. The article explains the possibilities of employers to determine by themselves the exceptions to the legal regulations and state them in the specific company’s enactments.
According to the changes of the Rulebook on the Contents and Registering Employed Persons with Disability there are different conditions which have to be fulfilled in order for the person to be registered as a disabled person. The new conditions are presented in the article.
Autor: Anamarija Miletić , dipl. oec., ACCA i ovl. rev.
The author of the article analyses each segment of the records on business shares as an exceptionally important legal document of each limited liability company, especially in view of keeping such records. The body obliged to keep the records on business shares is the company’s management. The records should contain the following data: company name i.e. name and surnae, headquarters and address, i.e. the address of residence of each company member, the registry in the corresponding register if a member of the company is a legal person, PIN of such a person, nominal amounts of business shares which such a person has taken over and paid, as well as all other possible acts, all the liabilities which credit the business share and the number f voices such a person has upon decision-making by the company members.
Potpisan je novi Kolektivni ugovor za zaposlenike u srednjoškolskim ustanovama. Tim su ugovorom zaposleni u srednjoškolskim ustanovama uredili svoja radna i materijalna prava do 12. prosinca 2016. U ovom članku dajemo kratki prikaz najnovijih promjena Kolektivnog ugovora za zaposlenike u srednjoškolskim ustanovama, s osvrtom na njegove bitne razlike u odnosu na prije vrijedeći istovrsni Kolektivni ugovor za zaposlenike u srednjoškolskim ustanovama. 1. Uvod 2. Razdoblje primjene 3. Radna mjesta zaposlenika u srednjoškolskim ustanovama 4. Plaće i naknade 5. Ostala materijalna prava 6. Radni odnosi 7. Zaštita profesionalnih prava nastavnika 8. Zaštita zdravlja i sigurnost na radu 9. Prava, obveze i ovlasti sindikata i sindikalnih povjerenika 10. Tumačenje ugovora 11. Završne odredbe 12. Zaključak
The article analyses the practical accounting problems referring to creation, realization and reporting on local budgets. Although it is regulated by a number of legal regulations, the budget on the local level has not been unified. Therefore, in practice there is a wide range of its creation, depending on the creativity and knowledge of the person who has created it. Such an approach causes a lot of problems to the local officials in all the budget phases.
Autor: Maja CONER , univ. spec. oec., bacc. adm. publ., ovl. rač. i ovl. forenzičar
Within the system of public procurement, a tender represents a procedure which offers to the client the plan or the project selected by the corresponding committee, mostly in the field of urban planning, architecture, engineering or data processing after the competition with or without prize awarding. The tender is carried out as an open tender or a limited tender, and the assessment committee comprises the physical persons, who are independent on tender participants. Due to the fact that tenders are not frequently carried out, this article suggests its introduction into practice.
There are approximately 20 types of infringements listed in the system of public procurement, for which cash penalties are to be paid. Cash penalties stated in the Act on Public Procurement are imposed by the misdemeanour courts. The article presents a number of interesting verdicts including the explanations by the author.
According to the special legal framework which determines the recruitment, rights, obligations and responsibilities of the officials and employees in the administrative bodies and the units of local and regional self-governments, as well as other issues important for the rights and obligations of the officials and employees, the institute of placing officials on disposal has been introduced. The author presents some rulings on taking over officials due to cancellation of the particular administrative body or placing such officials on disposal.
1. Opći pregled 2. Cijene u RH i EU-u 3. Industrijska proizvodnja RH i EU-a 4. Proizvođačke cijene industrije RH i EU-a 5. Vanjskotrgovinska razmjena 6. Trgovina na malo u RH i EU-u 7. Turizam 8. Plaće 9. Likvidnost i insolventnost 10. Zaposlenost i nezaposlenost HR i EU-a
