According to the Law "On Personal Income Tax", Article 9, first part, Clause 19.2, the annual taxable income does not include income from alienated personal property ad they are not taxable (such objects belonging to a physical person that are meant for personal use, like furniture, clothing and other movable things), except income from:
- a) sales of objects made or purchased for selling (corporal or non-corporal);
- b) capital increase and other income from capital;
- c) sales of scrap metal.
If a physical person sells personal belongings, then according to the Law "On Personal Income Tax”, Article 17, Clause 11.2, the physical person submits to the person buying that personal belonging (property), a certificate, which certifies that selling of this belonging is not connected with economical activity (Annex 3 to the Regulations No. 899 “On Order of application of standards of Law on Personal Income Tax” of the Cabinet of Ministers, dated 21.09.2010).
Income payer – a merchant, paying to the physical person non-taxable income, till February 1 of post-taxation year, submits to the State Revenue Service a return according to the Annex 2 to the Regulations No.677 “Regulations on personal income tax returns” of the Cabinet of Ministers, dated August 25, 2008, on amounts paid out to a physical person.
In its turn, physical person – an income recipient, which has received non-taxable income from alienation of personal property, if its total amount exceeds quadruplicate annual non-taxable minimum amount - 3600 EUR (in 2014), must submit an annual income declaration to any customer servicing centre of the SRS and state it as non-taxable income.
Annual income statement for 2014 must be submitted to the SRS from March 1, 2015 till June 1, 2015.
We inform that Part 1.3 of Article 11 of the Law „On Personal Income Tax” defines that activity of a physical persons hall be qualified as economical activity, if it matches one of the following criteria:
1) transaction regularity and systematic character (three and more transactions during taxation period or five and more transactions during three taxation periods);
2) income from transaction exceeds 14 229 and more euro in a taxation year, except income from alienation of personal property according to the Clause 19.2 of the first part of Article 9 of this law;
3) economical essence of activity or volume of belongings in the property of a person points to systemic activity with a purpose of gaining remuneration.
Transaction of transaction participant with a physical person, which is not an individual merchant and has not been registered by the SRS as a performer of economical activity, shall be declared, if the transaction amount in one operation exceeds 3 000 euro. It must be declared till February 1 of the next year.
Single or multiple receipt of money performed within one transaction with one transaction partner (physical person) must be declared, if the amount of one transaction operation exceeds 3 000 euro.
The transaction participants are not allowed to perform in cash transactions, the amount of which exceeds 7 200 euro (without taking into account, whether the transaction takes place in one operation or in several operations), irrespectively of the period of time when these transactions take place. The defined restriction towards taxpayers regarding cash transactions, where transactions’ amount exceed 7 200 euro, shall be applied to each separate transaction with one transaction partner (not to all transactions performed with this one partner).
Restriction to taxpayers regarding cash transactions, where transactions’ amount exceed 7 200 euro, shall be applied irrespectively of the transaction partner – whether it is a legal or a physical person.