Bulgaria: Constitutional Court revokes the unified account for tax payments

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Bulgaria: Constitutional Court revokes the unified account for tax payments

koleva.jpg

Rossitza Koleva

The amendments in the legislation in 2012 which resulted in the inability of physical persons and legal entities to specify which of their obligations towards the tax authorities they pay off contradict the Constitution. This is formulated in a decision of the Constitutional Court from February 5 2014. This decision practically revokes the principle of functioning of the unified tax-insurance account which was established during the GERB government with the idea to minimise bureaucracy. As a consequence, from the beginning of 2013 each payment done by physical persons and legal entities towards the state effectively meant paying off the oldest obligation, regardless of whether it was for taxes or contributions. As these two payments have different legal bases, they also have different legal consequences. The insurance contributions do not have the character of a tax since, when paid, the insured receives the right to be covered by social and health insurance (which is guaranteed by the Constitution), while taxes are due state receivables. According to the Constitutional Court right now the payments of the tax payers enter a single account, without being classified by tax type and insurance installments.

With this ruling of the Constitutional Court, another amendment is considered as contradictory to the Constitution, that is the amendment which ruled out the obligation of the National Revenue Agency to transfer the incomes from contributions in the relevant accounts of the National Insurance Institute and the Health Fund, by the end of each working day. According to the analysts, the lack of separation between contributions and tax revenues creates a certain risk that these funds are not used for the purpose for which they were paid. This results in conditions allowing for the possible violation of the constitutional rights of citizens to social and health security.

Two options are being discussed as solutions. The first option is the unified account to be divided into four separate accounts – one each for state taxes, for social security contributions, additional obligatory pension fund and health contributions. In all four of them the first to be paid off is the oldest by date. The second option discussed is to have one account but with four different codes for each type of payment.

Rossitza Koleva (rossitza.koleva@eurofast.eu)

Eurofast Global, Sofia Office

Tel: +359 2 988 69 78

Website: www.eurofast.eu

more across site & shared bottom lb ros

More from across our site

Experts from law firm Kennedys outline the key tax disputes trends set to define 2026, ranging from increased enforcement to continued tariff drama and AI usage
They also warned against an ‘unnecessary duplication of efforts’ in UN tax convention negotiations; in other news, White & Case has hired Freshfields’ former French tax head
Awards
Submit your nominations to this year's WIBL EMEA Awards by 16 February 2026
Defending loss situations in TP is not about denying the existence of losses but about showing, through proactive measures, that the losses reflect genuine commercial realities
Further empowerment of HMRC enforcement has been praised, but the pre-Budget OBR leak was described as ‘shambolic’
Michel Braun of WTS Digital reviews ITR’s inaugural AI in tax event, and concludes that AI will enhance, not replace, the tax professional
The report is solid and balanced as it correctly underscores the ambitious institutional redesign that Brazil has undertaken in adopting a dual VAT model, experts tell ITR
The Brazilian law firm partner warns against going independent too early, considers the weight of political pressure, and tells ITR what makes tax cool
The lessons from Ireland are clear: selective, targeted, and credible fiscal incentives can unlock supply and investment
The ITR in-house award winner delves into his dramatic novelisation of tax transformation, and declares that 'tax doesn’t need AI right now'
Gift this article