Bulgaria amends VAT legislation in line with EU

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 amends VAT legislation in line with EU

election3-vat.gif

Supplies of services made between EU companies and branches established in Bulgaria will now be outside the scope of VAT. The change brings Bulgarian legislation in line with a ruling by the European Court of Justice (ECJ).

In a case involving FCE Bank, a UK company operating in Italy via a branch, the ECJ ruled that a fixed establishment is not a separate legal entity from the company it is part of. Therefore it could not be regarded as a taxable person as a result of the costs charged to it for services performed by the head office.

Previously supplies of services between Bulgarian companies and their branches and structural entities were outside the scope of VAT only if they were performed at cost.

Bulgarian branches of EU established companies will now no longer have to self-charge VAT on invoices they receive from head office or other branches for services performed.

“Naturally, the change will mostly affect Bulgarian branches of foreign banks and insurance companies,” said Ivan Vargoulev of KPMG in Bulgaria. “Until now, for local branches not to apply VAT under the reverse charge mechanism, they had to prove that the allocations from the head office were made at cost, which sometimes required a lot of effort and paperwork.”

The amendment does not affect the cross-border supply of goods between an EU head office and a Bulgarian branch, which would still be subject to VAT.

“Even though the amendments to the VAT regulations explicitly refer to supplies of services between a company or a branch established in the EU, the logic of the FCE Bank judgment should also be applicable where the head office or the branch is established outside the EU,” said Vargoulev.

Application of the VAT Act


The Bulgarian government has also clarified the practical application of the VAT Act. This gives guidance on deducting input VAT and calculating the amount of VAT credit when a taxpayer did not initially deduct the input VAT on the purchase of goods or services. The change is effective from January 1 2013. But if the taxable use occurred before the amendment date, taxpayers have until April 30 2013 to issue a protocol to adjust the input VAT credit.

Before the amendment, taxpayers only had the right to upwardly adjust only partial input VAT deductions. They could not input VAT on purchases that were initially used solely for use in VAT exempt services.

“It was practically impossible to recover the input VAT,” said Georgi Simeonov of Deloitte in Bulgaria. “There were practical problems due to the gap in the rules. There was no practical way of knowing how to execute the right to deduction in case the input VAT deduction was not initially applied by the taxpayer.


Self-billing changes

The government has lifted restrictions on self-billing for supplies. Previously self-billing was only allowed when both the supplier and recipient were established and VAT registered in Bulgaria.

“Furthermore, self-billing was not permitted for certain specific supplies. For example, periodic supplies, reverse-charge supplies, supplies of financial and insurance services,” said Vargoulev.


The time limit on self-billing agreements, previously 12 months, has also been removed. Requirements to include certain mandatory clauses within agreements have also been abolished.

The change implements European Directive 2010/45/EC aimed at harmonising rules on VAT invoicing across member states.

more across site & shared bottom lb ros

More from across our site

The new guidance is not meant to reflect a substantial change to UK law, but the requirement that tax advice is ‘likely to be correct’ imposes unrealistic expectations
Taylor Wessing, whose most recent UK revenues were at £283.7m, would become part of a £1.23bn firm post combination
China and a clutch of EU nations have voiced dissent after Estonia shot down the US side-by-side deal; in other news, HMRC has awarded companies contracts to help close the tax gap
An EY survey of almost 2,000 tax leaders also found that only 49% of respondents feel ‘highly prepared’ to manage an anticipated surge of disputes
The international tax, audit and assurance firm recorded a 4% year-on-year increase in overall turnover to hit $11bn
Awards
View the official winners of the 2025 Social Impact EMEA Awards
CIT as a proportion of total tax revenue varied considerably across OECD countries, the report also found, with France at 6% and Ireland at 21.5%
Erdem & Erdem’s tax partner tells ITR about female leader inspirations, keeping ahead of the curve, and what makes tax cool
ITR presents the 50 most influential people in tax from 2025, with world leaders, in-house award winners, activists and others making the cut
Cormann is OECD secretary-general
Gift this article