Part 8 TRANSITIONAL AND CONCLUDING PROVISIONS

§ 1.

This Law shall repeal the Law on Value Added Tax (Promulgated, SG, No. 90 of 1993; Amended, No. 57 of 1995, Nos. 16, 56 and 104 of 1996, Nos. 51, 86 and 111 of 1997, Nos. 15, 71, 89 and 93 of 1998).

§ 2.

The persons registered as of 31 December 1998, which had available assets within the meaning of the Accountancy Law and charged the tax at the time of the acquisition but had no right to use tax credit because of lack of registration under this Law, shall not charge the tax upon the sale of these assets. This paragraph shall apply to persons who can prove at the time of the sale that the tax was charged at the time of the acquisition and they were not registered.

§ 3.

Persons registered as of 31 December 1998, which had available assets within the meaning of the Accountancy Law as of that date and upon their deregistration under this Law the tax was charged on these grounds, shall not charge the tax upon the sale of these assets. This paragraph shall apply to persons who can prove at the time of the sale that they are selling assets, which were taxed on the grounds of deregistration.

§ 4.

The documents, for which this Law envisages a specific format, shall be defined in Annexes to the Regulations on the enforcement of this Law.

§ 5.

Registered persons, which are obligated to terminate their registration under this Law as of 1 January 1999 and have not applied for termination, shall be entitled to apply the more favourable provisions.

§ 6.

 ¹³⁸ Free areas, free warehouses and businesses licensed to engage in foreign exchange trade shall be considered to be within the territory of the country within the meaning of this Law for supplies of alcoholic drinks, tobacco products and liquid fuels, except for the cases under the Excise Tax Law and the Regulation on its application.

§ 7.

The following amendments shall be introduced to the Customs Law (Promulgated, SG, No. 15 of 1998; Amended, No. 89 of 1998):

1. In Art. 58, par. 2, after the number "7" a comma is placed and the words "as well as taxes and excise taxes" are inserted;
2. In Art. 81, par. 2, the words "in this Law" are deleted;
3. In Art. 131, par. 5, the word "or" is inserted after the words "customs regime";
4. In Art. 138, par. 1, the word "processed" is replaced by the words "worked on";
5. In Art. 145, par. 1, the number "5" is replaced by the number "3";
6. In Art. 212, par. 1, item 3, the number "190" is replaced by the number "180";
7. The following amendments shall be introduced to the Additional Provision:
   1. In item 5, the words "is a citizen of the Republic of Bulgaria" are replaced by the words "has permanent residence in the Republic of Bulgaria";
   2. Item 22 is inserted with the following wording:

      "Presenter" is the person, preparing the customs declaration on his own behalf or the person on behalf of whom the customs declaration is prepared."

§ 8.

The following amendments shall be introduced to Decree No. 2242 on Free Areas (Promulgated, SG, No. 55 of 1987; Amended, No. 4 of 1989, No. 84 of 1993, No. 26 of 1996, Nos. 15 and 89 of 1998):

1. A new § 3 is inserted in the Additional Provisions:

   "§ 3. The provisions of the Customs Law (Promulgated, SG, No. 15 of 1998; Amended, No. 89 of 1998) shall apply to cases of discrepancy between the provisions of this Decree and the Customs Law."

2. The current §§ 3, 4 and 5 of the Concluding Provisions shall become §§ 4, 5 and 6 respectively.

§ 9.

The implementation of this Law shall be assigned to the Minister of Finance.

§ 10.

The Minister of Finance shall issue Regulations on the enforcement of this Law within a month after its entry into force.

§11.

 

(1)

Within a month after the entry into force of this Law, the Minister of Finance shall issue:

1. Regulations on the terms and conditions for refunding the value added tax to diplomatic representations, consular offices, representations of intergovernmental organisations and members of their staff within the meaning of Art. 79, together with the Minister of Foreign Affairs;
2. (Amended, SG No. 102/2000) Rules on the application of Art. 89, except for the regulations under the provisions of Art. 80, par. 2, whichf shall be issued within three months after the effective date of the amendment to the Law adopted on 30 November 2000;
3. Rules on the application of Art. 102.

(2)

The Minister of Finance may:

1. Establish special terms and conditions for documenting and reporting some types of supplies, where the application of the general terms and conditions creates practical difficulties;
2. Issue rules to establish the terms and conditions for supervising the printing, dissemination and reporting of the tax invoice forms and the notices thereto, as well as the special requirements to these forms;
3. Issue rules to establish the terms and conditions for the disposal with goods seized in favour of the state.
4. (New, SG No. 103/1999) Issue an order to specify the information from the tax registers under Art. 127 or the tax file under Art. 128, which is of public nature;
5. (New, SG No. 102/2000) Establish a special procedure for the payment of the tax jointly with the BNB Governor.

§ 12.

The Minister of Finance shall issue an order to approve the format, lay-out and features of the documents under this Law.

§ 13.

This Law shall enter into force on 1 January 1999, excluding the provisions of Art. 80, par. 2, Art. 110, par. 6 and Art. 117, par. 1, item 3, which shall enter into force on 1 January 2000, and Art. 117, par. 2, item 3, which shall enter into force on the date of the promulgation of this Law in The State Gazette.

§ 13a.

(New, SG No. 64/1999) The provision of Art. 52a will be applied as of 1 January 2000."

This Law was passed by the 38th National Assembly on 8 December 1998 and the official stamp of the National Assembly was affixed hereto.

President of the National Assembly: Yordan Sokolov

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