NEWS | DIRECT TAXES February 2022 - by Deloitte
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Edge
by Deloitte
NEWS | DIRECT TAXES
February 2022
Limitation of Interest Expense
The Ministry of Finance of the Slovak Republic published preliminary information Valéria Morťaniková
on a draft act amending the Income Tax Act in connection with the implementation vmortanikova@deloitteCE.com
of Article 4 of the ATAD 1 Directive. It is proposed to introduce a rule regulating the
amount of tax-deductible excess interest expense, i.e. interest expense exceeding
interest income. The base for limiting the amount of excess interest expense is the
tax base increased by tax depreciation and excess (tax-deductible) expenses for
received loans and borrowings. The limitation will apply to all taxable persons – legal
entities, not only to those who are dependent persons.
Elena Hradílková
ehradilkova@deloitteCE.com
Payment of Tax and Reporting Obligation Related to Benefits Provided
to the Healthcare Provider
The Financial Directorate of the Slovak Republic (“FDSR”) updated the information
on the payment of tax and reporting obligation related to monetary and in-kind
benefits provided to healthcare providers in 2021. The update also adjusted the
numbers of valid forms and variable symbols for withholding tax payments with
respect to the monetary and in-kind benefit provided to a healthcare provider.
Edge
by Deloitte
NEWS | DIRECT TAXES
February 2022
Accounting Treatment of Returnable Single-use Packaging
Act No. 302/2019 Coll. on the Deposit Scheme for Defined Single-use Packaging Valéria Morťaniková
became effective on 1 January 2022. In this respect, the Ministry of Finance of the vmortanikova@deloitteCE.com
Slovak Republic published information on the accounting treatment of returnable
single-use packaging in the double-entry bookkeeping system by the producer who
markets beverages in returnable single-use packaging, by the distributor of the
packaging and by the end user.
Elena Hradílková
ehradilkova@deloitteCE.com
Deferral of Insurance Contribution Payments and Changes to Due Dates
of Deferred Insurance Contributions
Jozef Stieranka
Employers and self-employed persons (SEP) will again be able to defer due dates jstieranka@deloitteCE.com
for social security contributions for January 2022 until 31 March 2025. The deferral
applies to employer contributions and mandatorily insured SEPs if their net turnover
or income in the respective month decreased by more than 40%. Compliance with
the requirements must be documented by filing an affidavit in electronic or paper
form.
Edge
by Deloitte
NEWS | TRANSFER PRICING
February 2022
Revised OECD Transfer Pricing Guidelines
On 20 January 2022, the OECD published consolidated Transfer Pricing Guidelines Martin Sabol
for Multinational Enterprises and Tax Administrations. The Guidelines remain largely msabol@deloitteCE.com
the same as the 2017 version. The revised Guidelines contain new Chapter X on
financial transactions and new sections on the profit-split method and hard-to-value
intangible assets.
NEWS | TAX ADMINISTRATION
February 2022
Amendment to the Tax Code, which Extends the Deadlines for the Tax
Reliability Index
Martin Sabol
The approved amendment to Act No. 357/2015 Coll. on Financial Control also msabol@deloitteCE.com
amends the Tax Code, which extends the deadlines for notification and publication
of the tax reliability index from 28 February to 30 June for notification and from
30 June to 30 September for publication of the list of entities with a tax reliability
index. The amendment becomes effective on 27 February. The reason for the
amendment was to create sufficient space for the financial administration for
an intensive information campaign and for the required technical implementation
of the index.
Edge
by Deloitte
NEWS | INDIRECT TAXES
February 2022
Verification of the Notification EU Court of Justice – VAT
of the Bank Account Number
by a VAT Payer C-513/20 – A VAT exemption may apply Ján Skorka
to an activity consisting in compiling jskorka@deloitteCE.com
The Financial Administration of the an individual file, including the clinical
Slovak Republic informs that it is not record, which entitles the user to
necessary to produce a proof in the purchase ‘traditional thermal cure’
form of a screenshot from the Financial medical care within a spa establishment
Administration portal when verifying the where those files contain data that must
notification of the bank account number be consulted for the provision of care Ivana Dvořáková
by a VAT payer. The information systems and to achieve the therapeutic objectives idvorakova@deloitteCE.com
of the Financial Administration record pursued.
the start and end date for the use of the
notified bank account, and the Financial C-90/20 – The control fees for the failure
Administration intends that historical to comply with the general terms and
bank account details also be published. conditions for use of private car parks Katarína Mikovínyová
must be regarded as consideration for kmikovinyova@deloitteCE.com
a supply of services and, as such, subject
Updated Methodological Instruction to VAT under the VAT Directive.
on the Tax Representative upon
Import of Goods
The Financial Directorate of the Martin Hricko
Slovak Republic published an updated mhricko@deloitteCE.com
methodological instruction on the tax
representative upon import of goods
pursuant to article 69a of the VAT Act due
to changes in the issuance of registration
certificates from 1 January 2022. In taxCube™
the event of cancellation of the special
VAT identification number of the tax Accurate and efficient
representative after 1 January 2022, the VAT reporting
transitional provision of the VAT Act does
not regulate the obligation to return the
special certificate of assignment of the
special VAT identification number.
Edge
by Deloitte
NEWS | LEGAL
February 2022
Expected Changes in Consumer Protection Legislation
The Ministry of Economy has submitted a new act on consumer protection for Dagmar Yoder
comments. The act aims to modernise consumer protection and eliminate unfair dyoder@deloitteCE.com
practices of retailers. The amendment to the Civil Code plans to introduce, among
other significant changes, the concepts of digital content and digital service. The new
act also regulates alternative resolution of consumer disputes. The act is proposed
to become effective on 28 May 2022.
Parliament Approved Amendment to Register of Addresses
On 1 February 2022, MPs approved an amendment to the Act on Municipalities
and an amendment to the Act on the Register of Addresses with effect from 1 July
2022. The amendment will allow placing of the name of the street and other public
space on a fence or on a pole for better visibility of the signs. In addition to apartment
numbers, which will be entered in the register of addresses on a mandatory basis, it
will be possible to enter the building name in the register on a voluntary basis.
Changes in the Conditions for Dismissal of Employees with a Health
Disadvantage
Róbert Minachin
The process of dismissing an employee with a health disadvantage is to be simplified rminachin@deloitteCE.com
from 1 April. Currently, the Labour Office has 30 days to approve the dismissal of an
employee with a severe health disadvantage. This period will change to 7 business
days. The amendment will only apply to employment relationships entered into after
its effective date. There will also be a new obligation for the employer to immediately
notify the employee that the employer has requested consent with the employee’s
dismissal.
New Website on Permanent Kurzarbeit
The Act on Support During Short-time Working becomes effective on 1 March 2022.
To inform employers and employees in a timely manner about the new support
system replacing the First Aid System, the Ministry of Labour launched a website –
www.skratenapraca.gov.sk. The website informs about the conditions for obtaining
support etc. The support request forms will also be available on the website.Edge by Deloitte SAVE THE DATE Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities (collectively, the “Deloitte organization”). DTTL (also referred to as “Deloitte Global”) and each of its member firms and related entities are legally separate and independent entities, which cannot obligate or bind each other in respect of third parties. DTTL and each DTTL member firm and related entity is liable only for its own acts and omissions, and not those of each other. DTTL does not provide services to clients. Please see www.deloitte.com/sk/en/about to learn more. Deloitte is a leading global provider of audit and assurance, consulting, financial advisory, risk advisory, tax and related services. Our global network of member firms and related entities in more than 150 countries and territories (collectively, the “Deloitte organization”) serves four out of five Fortune Global 500® companies. Learn how Deloitte’s approximately 330,000 people make an impact that matters at www.deloitte.com. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited („DTTL“), its global network of member firms or their related entities (collectively, the “Deloitte organization”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No representations, warranties or undertakings (express or implied) are given as to the accuracy or completeness of the information in this communication, and none of DTTL, its member firms, related entities, employees or agents shall be liable or responsible for any loss or damage whatsoever arising directly or indirectly in connection with any person relying on this communication. DTTL and each of its member firms, and their related entities, are legally separate and independent entities. © 2022. For information, contact Deloitte in Slovakia.
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