Legal Alert – Inter-Community Commodity Trade Statistics Act (EN)

INTER-COMMUNITY COMMODITIES TRADE STATISTICS ACT

(IN FORCE AS OF 01 JULY 2012)

The new Inter-Community Commodities Trade Statistics Act was published In State Gazette, № 40/29.05.2012 and entered into force on 01.07.2012, repealing the previous InterCommunity Commodities Trade Statistics Act, which was adopted 6 years ago.

The new Act aims to simplify the administrative procedures and to facilitate and improve the administration of law by taxable persons and revenue administration. Some of the most important regulations, set forth in the Act, are summarized below.

1. Introduction of the term “Intrastat-operator”

In accordance with European legislation on the definition of the term “liable person – Intrastat operator” a requirement of registration under the Value Added Tax Act (VAT Act) is included, which in practice leads clarifies the circle of taxable persons obliged to fulfill Intrastat reporting requirements.

2. Submission period of Intrastat returns

(i) New deadline for submission of monthly Intrastat returns

The old Inter-Community Commodities Trade Statistics Act required that the Intrastat returns be filed by 10th date of the month following the reference period. This deadline was applicable regardless of the fact whether the Intrastat operator files a return for the first time or has already registered as liable person. The new Act reverts to the initially introduced in 2007 rule that the declaration for the first reference period should be submitted by 20th date of the month following the reference period. Another improvement introduced by the new Act is the equalization of the deadline for submission of monthly Intrastat declarations with the deadline for submission of VAT returns. As of 1 July 2012 the monthly Intrastat returns should be filed by 14th day instead of the 10th day of the month following the reference period. Practice shows that by the 10th day of the month many of the Intrastat operators do not have the necessary accounting and transportation documents for filling in the Intrastat declarations correctly. In view of this it has been concluded that the deadlines for filing of the Intrastat returns and VAT returns should be equalized.

(ii) Longer period for submission of corrective Intrastat returns

The new Act provides also a 6-month term for data corrections, which will contribute to the preparation of reliable statistics and will be easier for consumers to carry out correction of data.

3. Administrative sanctions

The new Act provides higher levels of administrative penalties for non-compliance with the obligation for submission of monthly Intrastat returns within the statutory deadline. The new provisions determine higher administrative sanctions starting from BGN 500 to BGN 5000 in case of non-compliance with the reporting requirements. (The sanctions according to the old Act were within the limits of BGN 200 – BGN 1000).

 

This Legal Alert has been prepared by DELCHEV & PARTNERS for information purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Readers should not act upon this without seeking professional counsel.