Draft Amendment to the VAT Act

The most significant changes are as follows:

• The tax may be reduced if the taxpayer applies a wrong rate or tax exemption.
• Adjustment to definition of turnover – the operating business should be the decisive criterion for inclusion into turnover and not the manner of accounting on a particular transaction.
• The accounting terms “revenue” and “income” should be replaced by the term “fee” (or “consideration”) due to the said adjustment to definition of turnover.
• The place of supply for services to foreign parties operating a business (i.e. not only an entity registered for tax in another member state) should be determined pursuant to the registered office or principal place of business of the recipient of the service.
• The amendment suggests that rules for calculation of the factor reducing the input tax deduction be changed.
• The date of taxable supply for real estate transfers should be changed to the date on which the real estate is released to the transferee.

The amendment should take effect on 1 January 2009.