LEGAL ISSUES Number 5 
February  2009

bglegal
www.bulgaria-legal.com

Incorporating GS Georgieva & Partners
Dear Client

galina
I am regularly asked about various taxes in Bulgaria, although i am a Lawyer,  we do now have an Accountancy Department which is headed by Svetomira and hopefully she will answer most of your questions here.  If you need further advice please contact her on accounts@bulgaria-legal.com
Tax Residency

A person is liable for taxes in Bulgaria if they fulfil one or more of the following criteria:

  • have a permanent address in Bulgaria
  • spend more than 183 days in Bulgaria within any 365 day period ending in the tax year in question
  • have been assigned abroad by a Bulgarian company or the Bulgarian state
  • have their "centre of vital interests" in Bulgaria (that is, their personal and economic ties are closer to Bulgaria than any other country)

Residents of Bulgaria are subject to taxes in Bulgaria on their worldwide income and gains. Non-residents of Bulgarian are taxed on income and gains derived from Bulgarian sources only.

The tax year in Bulgaria is the calendar year (1 January to 31 December).

Income Tax

Income is taxed on an arising basis; that is, taxable in the year of receipt, no matter when it was earned. There are no personal allowances available to set against income for tax purposes.

Personal income is taxed at a flat tax rate of 10 percent, with some variations:

  • Self-employed income is taxed at a flat rate of 15 percent on net income
  • Dividend income is taxed at five percent, and if paid by a Bulgarian company, this is withheld at source

Bank interest from an EU or EEA bank account is tax-exempt income in Bulgaria.

Real Estate Tax

Owners of real estate in Bulgaria are liable to pay an annual tax on the value of the real estate. The rate varies depending on whether the real estate is used for residential or commercial purposes. The rate for both residential and commercial property is fixed by the local authorities, but is within the 0.15% to 0.30% range. The tax is payable at the beginning of each year. These taxes are usually up to the equivalent of €150 per year, and are lower in rural areas.

Transfer fees are between two and four percent.

VAT (Value Added Tax)

VAT is chargeable on the sale of real estate in Bulgaria at a rate of 20 percent. This is usually included in the purchase price of the property.

The standard VAT rate is 20 percent. There is also a reduced rate of 7 percent.

Capital Gains Tax

The rate of tax on capital gains in Bulgaria is a flat rate of 10 percent.

Capital gains are usually taxed as income; however the following assets are exempt:

  • Any one residential property per year, regardless of when acquired or if used as the main home or not
  • Two properties which have not been the taxpayer's main residence, if owned for more than five years
  • Any number of agricultural and forest estates provided they have been owned for at least five years
  • Cars and other road vehicles, aircrafts and vessels owned for at least one year
  • Assets received by inheritance or gift
  • Certain types of movable property, including shares in a Bulgarian quoted company

UK residents of Bulgaria

For a UK resident disposing of property there may be no tax liability in Bulgaria, but UK capital gains tax will be due on the gain (calculated under UK rules) at a flat rate of 18%.

In Bulgaria, it is not uncommon for the lower valuation of the property used to calculate the local taxes to be put on the title deeds. This is often significantly lower than the purchase price and means that any eventual gain for UK purposes will be higher because a lower price was used on this title deed. Thus, individuals often end up paying tax they don't need to pay.

Inheritance and Gifts Tax

Residents of Bulgaria are liable to inheritance tax on property situated in both Bulgaria and overseas. Non-residents of Bulgaria are liable to inheritance tax on property situated in Bulgaria. It is the recipient who pays the tax. Inheritances received by the surviving spouse and direct relatives are exempt.

Brothers, sisters, nieces and nephews who inherit will pay inheritance tax of 0.7 percent on amounts received above BGN 250,000. All other beneficiaries pay inheritance tax at rates of up to 20 percent.

Gifts tax is payable at fixed rates depending on the relationship between the donor and the donee. Spouses and direct line inheritors are exempt. Gifts between brothers and sisters are taxable at 0.7 percent and 5 percent for all other beneficiaries.

Wealth Tax

There is no wealth tax in Bulgaria.

Administration

Individual tax returns must be filed, unless the sole source of income is employment income from a Bulgarian company. The due date for submission of tax returns is 30 April following the end of the tax year.

Payment of tax is due by 30 April following the tax year. Payment of tax quarterly during the relevant year is required for certain income, with the balance being due by 30 April following the end of the tax year.

Double tax credit relief

Aside from any tax credits granted under the terms of any double tax treaty, Bulgaria gives unilateral tax relief for taxes paid abroad on income which is also taxable in Bulgaria.

The amount of credit available is the lower of the foreign tax paid on the income, or the Bulgarian tax due on that income.

Social security and healthcare contributions

Employees are liable to pay social security contributions at a rate of 13 percent per year. Contributions are payable monthly and are calculated on employment income only, up to a limit of BGN 2,000 per month.

Employer contributions are generally around 20.4 percent to 21.10 percent.
 

Sincerely,
Galina Georgieva
Bulgaria Legal
Important Information 
Changes To Company Owned Properties
 
Following amendments to LLTF - Art. 17, para. 2 and art. 21, para. 1, in force since 01.01.2010, for the acquired or established by law to use / after 01.01.2010, the non-residential property by companies is regulated as an obligation to submit a declaration under Art. 17 LLTF and the declaration under Art. 14 LLTF within two months from the acquisition / establishment of the right to use. Declaration under Art. 14 is always completed before that of art. 17 for the same property. For non-residential property business acquired or on which it is given the right to use before 01.01.2010,
Declaration of art. 14 LLTF has to be submitted before 30/06/2010. This will adjust
the property tax assessment, as we hope to be a relief for owners who will now pay for residential properties, rather than non-residential.
 
I cannot advise you whether the tax will be significantly reduced because of that new declaration but in all ways you have to submit that additional declaration, as there will be substantial fines applied after June 2010.
 
If you decide to use our services, our fee for declaring is 30 EUR per property declaration. 
Annual Company Tax Report 
File On Time! 
 
Because the Bulgarian law still does not allow foreign nationals to own land, the majority of investors are purchasing their properties through a company registered in this country. However having a company is a serious issue and investors must accept seriously the requirements of the tax law, which is quite strict and conservative. During the recent years the tax authorities have become quite active and regular checks are performed with or without a reason. Even if your company is registered just to own a property and not actively trading, it is still subject to control and inspection by the local tax officers.  Each company (including the dormant ones) is obliged to prepare an annual tax report for its business activities and submit it to the local tax office before 31st March each year. The fines for not submitting the annual tax declaration on time start from 500 Levs (approx. 250 Euros).  For dormant companies (registered only to own a property), or companies without any activities we charge an annual fee which will cover the annual tax report and submission to the local tax office.
If your company is operational the charge is paid monthly and is subject to additional negotiation, depending on the amount of work required. 
Bulgarian Wills
Protect Your Assets 
 
willOverseas Wills
The subject of death is something that is never discussed when buying foreign real estate however, this is an area which should not be dismissed especially if you do not want your dependents to be left with a host of problems.
Although you may have amended your existing personal Will a legally recognised Will in the country of purchase is strongly recommended.
Think for a moment about the following scenario. You have spent thousands of euros on foreign real estate and something happens to you. Your dependents are left with a host of problems in the country you have purchased and in addition you could have family members who might contest your overseas real estate?
Contact us for further information on our Will Writing service
Our Other Services
Did You Know? 
 
You have probably contacted us with a property or company related enquiry but did you know that Bulgaria Legal also operate in the following areas?
 
Real Estate transactions
Commercial and Company Law
Privatisation and Foreign Investments
Protection of Investments
Mortgages
Pledges and other Securities
Tax Law and Customs Law
Family Law and Criminal Law
Immigration Law
 
Contact Us For More Information
About Our Law Firm
We are young, we are ambitious and we aim to make a difference.
You want to succeed in your personal and business endeavors; ultimately your success is our reputation.
Our mission is to provide an exceptional client care service and establish long term relationships. The majority of our work has been gained through recommendation and repeated work relations with our clients.
We combine business insight with legal excellence to address client issues before they become expensive legal problems. 
Bulgaria Legal
Whats Next?
For The Bulgarian Property Market? 
levaBanks could hold the key to what will happen with Bulgaria's depressed real estate sector in 2010. There are concerns that if they decide to start selling foreclosed properties this will lead to prices falling even further.

Along with foreign real estate investors, banks have had a major impact on the country's property market offering low interest rates at a time when home ownership was encouraged. However, the global economic downturn has meant a drop in incomes and led to a rise in loan defaults and foreclosures, according to Address, one of Bulgaria's leading real estate companies.

The banks have been trying to stay away from an overall policy of foreclosing, but if 2010 proves to be a more difficult year than 2009, banks might change this policy and appear on the market as one of the big players. 'If banks start selling foreclosed properties in search of quick returns there is a serious risk that the property market could collapse altogether,' said a spokesman. According to Address' statistics, prices in 2009 dropped by 28% on an annual basis, with 47 % of buyers paying in cash, while 22% of deals were financed with bank loans.

The concerns come at a time when analysts are predicting further price falls in the Bulgarian real estate market. According to Colliers International prices could fall by another 10% in 2010 although it predicts that prices will stabilise in the second half of the year. In 2009 real estate prices dropped by about 20% on average nationwide, compared to 2008 figures, according to Colliers data.

Some analysts believe that there would be an increase in demand prices and meet buyers expectations of finding a bargain. The worst hit sector has been new builds along the coast and in the ski resorts. There are also a lot of so-called distressed sellers who are forced to sell at levels even lower than 50% of values.
allegations as a result of internal investigations. space) prices have declined by 26% year-on-year; they reached their peak in the fourth quarter of 2008.
 
source: Bulgarianvillagehomes.com

2010 Accountancy

accountantBulgaria Legal have now appointed a fully chartered Chief Accountant who is able to file clients financial reports and also annual  tax reports which are due for the coming years.  If you would like to take advantage of this service at our preferential client discount rate then please contact Svetomira on accounts@bulgaria-legal.com
UK TELEPHONE NUMBER
uk telephone
We now have a UK telephone number which will connect you directly to our Bulgarian Office
or indeed our UK Office.  Used with your free calling plans or free mobile minutes this can mean free calls to us! 01916408899
Why Use Us 
The Whole Of Bulgaria 
reregAs our name suggests, our legal expertise stretches over the whole territory  of Bulgaria.  We have offices in Varna, Sofia and also in near Newcastle in the UK.  We have listened to our clients and have introduced a UK telephone number and also a UK bank account to make contact and payments easier for you, saving hefty bank charges associated with international bank fees.
We are however open to suggestions on how to make our service to you even better.  If you have a suggestion please email michael@bulgaria-legal.com
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