VAT reclaim – deadline: 20 October
19. September, 2011.
The Ministry of National Economy, in compliance with the decision of the European Court of Justice dated 28 June 2011, has proposed a draft legislation to Parliament which, if passed, will annul the "wholly paid" principle that is currently a condition precedent to VAT refunds under Hungarian law and that has been intended to prohibit the reclaim of VAT in relation to unpaid purchases. The amendment defines the procedure of revising tax penalties and late charges definitively imposed due to a failure to comply with the "wholly paid" principle as well as the way in which taxpayers can reclaim the VAT that has been formerly unreclaimed due to the legal provision that conflicted with EU law. This Newsletter is intended to provide you with concise information about these rules.
Refund of the formerly non-reclaimable VAT amount
At the taxpayer's discretion, the amount formerly declared as a non-reclaimable item and assessed as VAT associated with financially unsettled purchases can either be
reclaimed until 20 October on the dedicated form, or
included as a deduction item in the tax return to be filed within the tax filing deadline applicable to the taxpayer, or the taxpayer may exercise his right to reclaim the VAT.
Revision of tax penalties and late charges
It will also be possible to request a revision of the formerly filed tax return until 20 October 2011 if the tax authority imposed a definitive tax penalty or late charges with reference to the rescinded rule. Only actually imposed legal consequences may be subject to revision.
Please note that the time limit for filing an application for a repeated audit is a term of preclusion, therefore, it is of utmost importance to review the tax returns affected by the assessments as soon as possible.
The tax authority will be required to refund the VAT reclaimed on the basis of the foregoing within 30 days or, if the refundable amount exceeds HUF 1 million, within 45 days.
Source: RSM DTM Hungary