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New anti-fraud provisions for the transfer of greenhouse gas emission quotas

Provisions have been introduced related to the transfer of greenhouse gas emission quotas – new Art. 163e and new Section Three in Appendix No 2 to Chapter 19a, to be effective as from 30 June 2022:

  • For supplies of transfer of greenhouse gas emission quotas under Appendix 2, Section Three, in which the recipients will be entities not incorporated on the territory of the country, the general provisions of the law shall be applied;
  • For supplies of transfer of greenhouse gas emission quotas under Appendix 2, Section Three on the territory of the country, in which the suppliers are entitled with VAT registration in another member state, the general provisions of the law shall be applied;
    Section Three has been added to Appendix No 2 to Chapter 19a “Supplies of transfer of greenhouse gas emission quotas”;
  • When before the effect of this law an advance payment has been received for supplies of transfer of greenhouse gas emission quotas under Appendix 2, Section 3 of the Value Added Tax Act, for which the tax treatment has been changed for the tax paying entity and for which the tax event occurs after the date of effect of this law, the supplier shall annul the advance payment invoice and issue a new invoice, stating the whole tax base of the supply. For the annulling, a protocol shall be prepared in accordance with Art. 116, Para 4 of the Added Value Tax Act. The recipient – an VATA-registered entity, is in this case obliged to charge tax on the whole tax base of the supply, including the advance payment made.

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