As of 1 January 2015 tax payers should submit a new VAT Form for the monthly or quarterly period of taxation. The new Form differs from the old one, which was valid until 31 December 2015, in the part VIII – Other Data. In one part these are the information on purchase and sales of long-term assets of tax payers, which were presented in the Final VAT Account in the PDV-K Form, which was submitted in the previous years. The P-PDV Form has been changed, too. The application for VAT registration, regading the decision on VAT payment after the collection of payment of the invoice, is to be made in the Forms PPO, INO-PPO and PZ 42 and 43.
Enterprises should deliver their annual financial reports for statistical needs in the GFI-POD Form to the FINA until 31 March 2015. Besides the Balance Sheet and the Profit and Loss Account, the additional data comprising the explanations of the specific items and the information on investments, import and the number of employees should also be submitted. In view of the Balance Sheet, the gross and net value of the specific items of long-term intangible and tangible assets should be presented, as well as the data on investments into registered debentures, granted loans and commercial credits. In view of liabilities the required information comprise only the additional data on the received loans and commercial credits.
Autor: Dr. sc. Đurđica JURIĆ , prof. vis. šk. i ovl. rač.
Annual financial reports for the statistical and other needs and for their public disclosure are to be delivered to the FINA. The persons obliged to submit their annual financial reports for statistical and other needs are companies, sole trades, a company’s subsidiary with the headquarters in a foreign country and physical persons obliged to pay profit tax. The deadline is until 31 March. The persons obliged to submit their annual financial reports for public disclosure are companies, sole trades, a company’s subsidiary with the headquarters in a foreign country. The deadline for the submission is six months after the expiration of the business year which the GFI Form refers to.
The article presents a legal framework of determination and use of profit i.e. coverage of loss for 2014, as well as the accounting for distribution of profit and coverage of loss. Besides, the article presents te taxation viewpoint of advance payment of profit during the year of 2014 and the payment of profits made in 2014 and the previous business years.
Autor: Dr. sc. Tamara CIRKVENI FILIPOVIĆ , viši pred. i ovl. rač.
A company’s performance includes the income which does not subject to profit taxation, as well as the expenditures which are not recognized in terms of taxation. Such items do not affect the presentation of the deferred tax assets and te deferred tax liabilities since they are regarded as permanent differences However, there are specific items of income and expenditures which are recognized in terms of taxation i.e. are taxed in some other period and not in the period in which they arose – the so called temporary differences. Accordingly, the balance sheet presents deferred tax assets i.e. deferred tax liabilities.
This article presents the business events which, under certain circumstances, may initiate deferred tax assets and deferred tax liabilities, including the way of their presentation in financial reports.
Autor: Dr. sc. Šime GUZIĆ , viši pred. i ovl. rač.
The reverse charge should be applied to the deliveries of used materials between two domestic tax payers and the deliveries of waste materials, industrial and non-industrial waste, recycling waste materials, partially processed waste and other goods and services determined in the Rulebook on Value Added Tax. An entrepreneur who buys used material and waste should decide on their purpose and accordingly make the corresponding recordings. In the case when a citizen sells waste to the authorized waste dealer, he/she realizes income from the specific types of property which subjects to taxation of 12%, increased by sur-tax, if applicable.
The article presents the obligations of informing the Croatian Financial Services Supervisory Agency (HANFA) on the minimum regulatory requirements referring to risk management and the adequacy of the capital of investment companies.
The field of informing is covered by a large number of domestic and EU regulations. The article provides a brief overview of the obligations and ways of informing according to the provisions of the Rulebook on Following the Directive of the EU Commission no. 680/2014.
Long-term non-financial assets may be obtained through the contract on financial lease. The recording, obtaining and repayment of the debt according to the contracted financial lease, should take into consideration the determined procedure of presenting the corresponding debit for the acquisition of the financial assets in the form of borrowing on the corresponding accounts on the Chart of Accounts which has been applied since the beginning of 2015.
Autor: Mr. sc. Nada DREMEL , dipl. oec., ovl. rač., ovl. rev. i porezni savjetnik
All non-profit persons who are obliged to pay the profit tax have to determine their tax liabilities according to the corresponding tax regulations. Besides, their complete business operations have to be presented in the system of non-profit accounting. In order to fulfil these basic conditions, which require two different types of recording the same business events, such tax payers should actually keep two Ledgers. The correctness of determining the taxable basis depends on the estimate of the criterion, according to which divides the expenditures that represent both the expenditures of the non-profit organization and the tax expenditures. Due to the fact that the criteria may be differently determined and consequently the values arising from them, the tax acceptability is principally decided upon during the tax supervision.
Autor: Mr. sc. Nada DREMEL , dipl. oec., ovl. rač., ovl. rev. i porezni savjetnik
In order to record the assets in the accounting business records it is not necessary to have the ownership right to such assets. If the objects used for economic activities by the non-profit organization are not entered in the business records in the period of their use, such objects may subsequently be entered and such an act would be regarded as correction of the book-keeping error. Due to the fact that the received donation for the particular project cannot be recorded on the account of income, the return of unused assets can under no circumstances be entered on the account of expenditure.
Autor: Mr. sc. Nada DREMEL , dipl. oec., ovl. rač., ovl. rev. i porezni savjetnik
The article presents several models of promotion of employment, which reduce the costs for new employees. Employers should fulfil certain conditions and sign the corresponding contract on employment in order to obtain the benefits arising from promotion of employment. In most cases employers are exempted from paying contributions on salaries. The payment of salaries and other income should be submitted in the JOPPD Form with the orresponding data.
Autor: Lucija TURKOVIĆ-JARŽA, dipl. oec. i ovl. rač.
During the regular business activities errors may appear in the JOPPD Form. In some cases the wrong data have been entered on the insured person/acquirer, the receipt or the amount of the receipt, taxes, contributions or any other data which are to be entered in the JOPPD Form. The article explains how the correction can be made or how the additional information can be entered in the JOPPD Form, depending on the type of the error.
Autor: Anamarija Miletić , dipl. oec., ACCA i ovl. rev.
The employee’s right to the field work allowance is determined by the corresponding company’s by-laws, whereas its taxation is determined by the tax rules. The payment of the field work allowance should be entered in the JOPPD Form. This article presents the additional expenses which should/should not be entered in the JOPPD Form.
According to the Mediation Act the cases of taxation of sued salaries for the previous accounting periods after the court decision, the settlement during the court procedure, the settlement with the authorized state attorney’s office and the individual labour disputes exceptionally subject to the calculation of contributions and income taxes which were valid in the moment when such salaries should have been paid. This regulation also refers to the calculation of contributions and taxes in the case of salary payment in the distraint procedure. Due to the fact that such a salary payment is late, the interests on the calculated contributions are to be calculated for the period from the due payment of the contributions until their actual payment. Interests are not calculated on the accounted tax, since the income tax and sur-tax are due in the moment of payment. The above stated exemption is applied under the condition that the salaries have been sued in the gross amount. The paid salaries and the calculated tax and contributions should be submitted in the JOPPD Form to the Tax Administration.
According to the Act on Contributions, the contributions from and on salary are due upon the salary payment. Exceptionally, in the case the salary has not been paid, the contributions are due on the last day of the current month for the previous month, at the latest. If the employer is late with the payment of contributions from and on salaries, he/she is obliged to pay default interests. Default interests are to be paid on the same account on which obligatory contributions are paid. The paid default interests for the contributions for pension insurance based on the individual capitalized savings (Second Pillar) are presented in the JOPPD Form since they represent individual capitalized savings. The default interests on other overdue paid contributions and the income from the state budget are not presented in the JOPPD Form.
Autor: Lucija TURKOVIĆ-JARŽA, dipl. oec. i ovl. rač.
A proper filling in of registration forms is very important for the exchange of data with the related institutions (Central Registry of Affiliates - REGOS, Tax Administration, Croatian Health Insurance Fund, Croatian Employment Agency, etc.). The Amendments to the Act on Pension Insurance, the Labour Act, the Act on Professional Rehabilitation and Employment of Persons with Disabilities have introduced some new cases regarding the promotion of employment. Due to the identification of the specific characteristics, the exemption from paying contributions on salaries, the promotion of employing persons with disabilities, the Amendments to the Act on Contributions and the Act on Promotion of Employment introduced some necessary changes (codes) in the application forms for pension insurance. The code system of the Fund (the basis of insurance or the specific data) enables a proper presentation of the bases of pension insurances on ERPS receipts and the paper receipts issued by the Fund upon request of the insured person.
Due to a number of changes regarding the presentation of expenses for a business trip in the JOPPD Form, the article presents the new deadlines of submission, the presentation of the marks on the B page in the fields 10.1. and 10.2, as well as the entries regarding the payment of the compensation for a business trip.
Autor: Anamarija Miletić , dipl. oec., ACCA i ovl. rev.
The author of the article presents the cases in which the Croatian tax payers should be registered for VAT needs in Hungary, if they perform delivery of goods and/or services on the territory of this state. The article provides the instructions to the Croatian tax payers how to register themselves for the VAT needs in Hungary, as well as other obligations regarding the submission of VAT forms, deadlines of their submission, VAT payment, etc.
Autor: Dr. sc. Tamara CIRKVENI FILIPOVIĆ , viši pred. i ovl. rač.
The provisions of the regulations on the possibility or realization of tax reliefs for the tax payers performing their business activities in the Government subsidized areas and the Town of Vukovar are applied for the year of 2014. The tax payers who fulfil the determined conditions on the headquarters i.e. the place of performing business operations and the number of employees are obliged to deliver to the authorized ministry the Application Form for Obtaining the Right to Subsidies of Small Value (de minimis subsidies). Afterwards, the ministry informs the tax payer on the amount of the subsidy of a small value, which the tax payer can include in the profit tax return form.
Autor: Dr. sc. Šime GUZIĆ , viši pred. i ovl. rač.
The Amendments to the Income Tax Act, which became effective on 1 January 2015, introduced the taxation of interests on savings. Interests are regarded as income from capital and are taxed at the rate of 12% upon each payment. The person who calculated and paid the income tax is obliged to pay the interests. Exceptionally, default interests, collected interests according to court decisions, interest a vista if lower than 0.5% p.a., interests realized from investments into bonds and yields based on life insurance do not subject to taxation. The paid interests and income tax should be entered in the JOPPD Form and submitted to the Tax Administration.
The article provides an overview of the value added tax rates in 28 EU member states, including the explanations of which rates are to be applied for certain deliveries. Such an overview is published by the European Commission every year.
The prevention and revealing of frauds in financial reporting is the role of the management, the board of directors, the supervisory board, the board of auditors, as well as internal and external auditors. The article analyzes the role and the responsibility of the specific participants in financial reporting for prevention and revealing of frauds in financial reporting.
For the first time the Croatian system of responsibility for the legal, purposeful and meaningful use of the budget assets comprise some companies and other legal persons. Such an inclusion of the companies owned by the Republic of Croatia, i.e. one or more units of the local and regional self-government or other legal persons founded by the above stated persons began in 2014. The corresponding Directive, which should regulate such changes, is being prepared. Accordingly, this article explains the application of such a system for the persons obliged to draw up the statement on fiscal responsibility, which should be submitted unti 31 March 2015.
Autori: Mr. sc. Ivana JAKIR-BAJO Ana ZORIĆ , dipl. iur.
The regulation which determines payment and collection of payment in foreign currency between residents and residents and non-residents in the Republic of Croatia has been changes. It actually comprised the changes which appeared after the accession of the Republic of Croatia to the European Union. The currency used for payment transactions between residents is still the Croatian Kuna. The payment transactions in other currency may be carried out only under certain circumstances.
Autor: Mr. sc. Nada DREMEL , dipl. oec., ovl. rač., ovl. rev. i porezni savjetnik
The preparation of income tax returns, and determining the final statement of accounts for 2014 comprises all the physical persons engaged in self-employed crafts, free professions and agricultural and forestry activities from which the income is determined based on information from the determined business books and records. If more physical persons are engaged in crafts business and realize income in in co-entrepreneurship, the annual tax return for 2014 should be filed in the DOH-ZForm by the end of January 2015at the latest, while the craftsmen as well as other citizens should have filed their individual tax returns in the DOH Form no later than the end of February 2015 for the previous year. However, due to the fact that this day was a non-working day for the Tax Administration, the deadline for filing tax returns was moved to the first working day, i.e. to 2 March 2015.
The processing and verification of the submitted annual tax return of craftsmen – income makers for 2014 in the DOH Form includes the procedure of adjustment and control of the tax records presented in the IT system of the Tax Administration with the data presented by the tax payers in their annual tax return.
Autor: Mr. sc. Mirjana MAHOVIĆ KOMLJENOVIĆ, dipl. oec.
The preservation of the industrial production should be ensured on several levels. For the successful realization of this it is necessary to create the appropriate space, within which industry can be developed and rise free. The most important role plays the Common Trade Policy and anti-dumping customs tariffs, as one of its most important and widespread measures.
The Directive (EU) no. 952/2013 of the European Parliament and Council on the Union Customs Code was adopted on 9 October 2013 and was published in the Official Journal of the European Union no. L 269 on 10 October 2013 (in the Croatian language). The Union Customs Code is entirely binding and is directly applied in all the member states. Accordingly, it lays down new regulations and obligations for the Croatia’s business entities which participate in the exchange of goods with the countries which are not EU members, including the new regulations and obligations for the customs offices. The article presents an overview of the contents of the new EU Customs Code and points out the most important news.
The new Labour Act introduced the institute of assignment of workers to a company’s subsidiary. In the case when the employer does not need the activities of a certain employee, such a person may be assigned to the company’s subsidiary according to the specific regulation on companies. The assignment may be n longer than 6 months and should be based on the agreement signed between subsidiaries and the written consent of the employee to be assigned. Such a consent is regarded as the annex to the contract on employment, in which the performance of the activities for a subsidiary is determined on the temporary basis.
The author of the article analyzes some relevant issues regarding working time, termination of the contract on employment due to business and personal circumstances and termination of the contract on employment due to misbehaviour of employee, all in view of the recent court practice of the Supreme Court of the Republic of Croatia, taking into consideration the new Labour Act, which became effective approximately 6 months ago.
It often appears in the practice that the debtor reduces the value of his/her property and thus disables his/her creditors to collect their receivables. Therefore, the institute of refutation of debtor’s legal actions has been introduced in the Act on Obligations, which reduces the possibility for the debtor’s property to be reduced and thus disable the creditor to collect the receivables from the debtor’s property (due to the fact that there is no property available or the property does not exist in its original volume). The corresponding legal actions thus lose the legal effect to the creditor to the extension necessary for the collection of receivables. The authors of the article explain the general and special presumptions for refutation of a debtor’s legal actions in the bankruptcy and out of bankruptcy, including the legal effects of the refutation.
Autori: Doc. dr. sc. Gabrijela MIHELČIĆ , dipl. iur. Dr. sc. Loris BELANIĆ, dipl. iur.
Associations, institutions and other non-profit organizations may, besides their regular activities determined by the Statute, perform economic activities – provisions of catering services and services in tourism according to the corresponding Act and the Statute. However, such activities may not be performed in order to make a profit for their members or third persons. If the performance of economic activities has resulted in more income than expenditure, the income should exclusively be used for the realization of the determined goals. The article states the conditions under which non-profit legal persons may perform catering activities and provide services in tourism, including the corresponding obligations.
