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Dániel Sztankó, RSM Hungary, Head of Indirect Tax Services

Dániel Sztankó

Head of Indirect tax services

Dániel Sztankó has been head of RSM Hungary Zrt's financial representation team specialing in domestic and international VAT services since 2014. He was a manager at Deloitte specialising in VAT and indirect taxes first in Hungary from 2008 and then in Singapore from 2012, prior to which he had worked for Crown Agents Company of London. He began his professional career with the tax authority where he worked as a tax specialist in VAT for more than 5 years. As an advisor to global market players, he has focused on the regulation and application of European, Asian and international value added taxes and indirect taxes for more than a decade. He has acquired experience in a number of sectors, such as energy, telecommunication, technology, logistics, pharmaceuticals, financial services and real estate, both in Hungary and abroad.

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Dániel Sztankó's posts

How to register with HU TA for invoicing data reporting

The first step in invoice data reporting is the taxpayer’s registration at the Hungarian Tax Authority (HU TA). Testing of the sending of data can be started in the tax authority’s system after registration. Taxpayers should use this opportunity on the one hand, because the test system of HU TA can do everything that the live system will, which means that potential errors can already be identified at this point and, on the other hand, going live will also be easier for the taxpayer after testing. Every solution the company may choose for the sending of invoice data in the future, registration is a must for both testing and live operation, so let\'s go through this process.

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Preparation for real-time invoicing data reporting – How do I connect my invoicing program to HU TA?

From July 2018, digitalization of the tax authority’s operation is moving to a new level. Similarly to the connection of cash registers to the tax authority’s system, invoicing programs will also support internal automated processes of the Hungarian Tax Authority (HU TA) real-time with electronic messages and grant the tax authority real-time insight into the invoicing of companies. However, the introduction of automated data supply poses more complex technological challenges and comes with potential pitfalls.

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Online invoice data reporting – handling of special items

Real time invoice data reporting sets out explicit rules on the tasks related to invoices compliant with basic criteria. The legal regulation also provides guidelines on what to do in cases when the original invoice is not included in the set of data required to be reported, but due to its “afterlife”, it nevertheless generates a reporting obligation.

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Invoice data reporting – Data reporting and error handling process

The technical documentation on real-time invoice data reporting is already available on the webpage of the tax authority. From the description it turns out – if it has not been clear so far - that financial, taxation-related, and IT competencies are required for solving the new task of companies, all throughout the process.

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Online invoice data reporting – data content

Data reporting must be carried out automatically from the invoicing software, without any human intervention. In case of an operational failure, the data content of missed invoices must be forwarded electronically to the state tax and customs authority by the taxable person within 24 hours of elimination of such operational failure.

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Real-time invoice data reporting – To everyone, about each invoice?

The draft decree of the Ministry for National Economy published recently confirms that the real-time reporting of invoices to Hungarian Tax Authority is to be launched as of 01 July 2018. All invoices issued to domestic taxable persons, the VAT content of which is at least HUF 100,000, are subject to data reporting to the Tax Authority. All this in real time and automatically. This obligation is valid only in respect of invoices issued to taxable persons and only for invoices with a VAT content exceeding HUF 100,000 (EUR 320),but let’s see the exact details.

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Hungarian Real Time Invoice Reporting – what you need to know

As you may know, Hungary plans to introduce real-time invoice reporting obligation from 1 July 2018. Any Hungarian VAT registered entity that issues invoices with a VAT amount above HUF 100,000 (approx. EUR 320) to another entity VAT registered in Hungary will be required to report these invoices “without delay to the Hungarian Tax Authority (HU TA). This includes businesses established outside Hungary but registered for VAT in Hungary. Failure to report the invoices in real time mode may attract an administrative penalty of up to HUF 500,000 (EUR 1700) / invoice.

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Hungary extends the real-time invoice reporting (RTIR) to paper-based invoices

As you may know Hungary plans to introduce real time invoice reporting obligation from 1 July 2018. Any Hungarian VAT registered entity that issues invoices with a VAT amount above HUF 100,000 (approx. EUR 320) to another entity VAT registered in Hungary will be required to report these invoices “without delay, but within 24 hours at latest” to the Hungarian Tax Authority (HU TA). This includes businesses established outside Hungary but registered for VAT in Hungary. According to the current law draft failure to report the invoices in real time mode may attract administrative penalty of up to HUF 500,000 (EUR 1700) / invoice.

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A Thousand Nights and Arabian VAT

Only a few know that the member states of the Persian Gulf Cooperation Council, i.e. Saudi Arabia, the United Arab Emirates, Bahrain, Kuwait, Qatar and Oman started a common customs union in the Persian Bay area from 2015.

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VAT Exemption in the Insurance Sector

Facts of the ECJ – Aspiro case (C-40/15) - The Polish Aspiro company supplies, in the name and on behalf of an insurance company, on the basis of a contact concluded with that company, comprehensive services for the settlement of insurance claims.

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Hungarian VAT FAQ

In my previous post I summarize what you need to know about taxes in Hungary.   Now you can find 7 point about the FAQ of Hungarian VAT.

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ECJ: Of ECJ VAT cases – A single transaction or multiple transactions for VAT purposes?

CPP case (Case C-349/96) Facts Card Protection Plan Ltd. („CPP\"),which is headquartered in the United Kingdom, supplies a service covering the indemnification of cardholders against financial loss in the event of loss or theft of their bank cards and other damages arising on their travels (such as damages related to the finding of lost luggage) under a so-called “Card Protection Plan”.

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OECD Publishes International VAT Guidelines

At its meeting held in Tokyo, Japan on 17-18 April 2014 and attended by the representatives of more than 100 countries and international organisations, the Organization for Economic Coordination and Development (OECD) discussed and approved the Guidelines on certain issues of the VAT treatment of international transactions.

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Am I supposed to raise a VAT invoice every time my app is downloaded?

A single article, Article 9a of the Implementing Regulation 1042/2013 defines which member of a supply chain, providing electronic or telephone services through the internet, will have to raise a VAT invoice to consumers who are non-taxable entities – the explanatory notes issued on 3 April include an additional 22-page explanation to Article 9a. Our below summary intends to provide a short and practical summary of the most important aspects of the rule becoming effective from next January.

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What is the rate of VAT on cable TV in Luxembourg? You will have to know next year!

The rules of the place of supply of telecommunication, broadcasting and electronically provided services supplied to individuals will change substantially from 2015: in line with the amendment of the EU VAT Directive, VAT will be payable on these services in the state in which the recipient’s permanent address or place of stay is located. Considering the availability and mobility of these types of services, the service provider may easily incur tax liability in all of the 28 member states.

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Enhanced tax authority scrutiny

Guideline 3004/2013 already available (only in Hungarian language) on the website of the Hungarian Tax and Customs Authority (NAV) includes the criteria to be inspected, the audit aspects and the sanctions to be applied on a standard basis during the tax audits of enterprises having only VAT registrations in Hungary.

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Environmental Product Charge, 2013

Accordingly, until 14 February 2013, returns, payments, supplementary filings and self-revisions relating to the environmental product charge will have to be submitted to the Customs Authority while after this date, these will have to be filed with NAV.

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Large cash amounts are to be declared when travelling

It is not forbidden to take your savings with you when travelling, however, if you leave (or enter) the territory of the EU carrying cash or cash equivalents (securities, bonds, shares etc.) worth more than EUR 10 000, you are required to file a written declaration with the Customs Authority.

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Distant sales: the tax perspectives of e-commerce

In an everyday sense, e-commerce is an umbrella term: if any of ordering, payment, product delivery or the use of services takes place online, we are talking about e-commerce. From a tax perspective, however, it is important to what extent the transactions contain web-based solutions. Distant sales should be differentiated from other activities commonly referred to as e-commerce in respect of invoicing and the VAT treatment of the transactions.

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Audit of tax registrations: there will be no witch-hunt

However, despite these reliefs, the Hungarian Tax and Customs Authority (NAV) may audit these taxpayers more frequently. Both the audit practice of the tax authority and the communication relating to the drafts of next year’s tax laws suggest enhanced audits of these enterprises in respect of the records prescribed by the Hungarian Act on Accounting.

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