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Stricter tax audits, higher penalties

As of 1 August, the provisions of the Act on the Rules of Taxation on default penalty will be amended. The Hungarian Government, in reference to the war between Russia and Ukraine, doubles the penalty for general default, the failure to report employees, and non-compliance with the obligations to issue invoices, receipts and keep documents.

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Transfer pricing 2024 – Record number of direct transfer pricing audits

In 2022, significant changes were made to transfer pricing and the preparation of transfer pricing documentation, with a multiplication of the fine and the introduction of a transfer pricing data reporting obligation. Please note that non-compliance with changes entered into force for the 2023 tax year could result in the imposition of multiple default penalties. Based on the experience of the past year, businesses are increasingly likely to face direct transfer pricing audits on transactions with their related parties.

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IFRS 18 – New chapter in financial reporting

IFRS 18, which was published in April 2024, represents a significant change in the way entities adopting IFRS will present their financial performance. Companies covered by IFRS will be required to prepare their financial statements using a new structure to make their financial performance more comparable.

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NIS2 and risk management

The issue of cybersecurity is of paramount importance among the new challenges of the digital age. The European Union\'s NIS2 Directive establishes a regulatory framework to protect the EU\'s digital infrastructure by enhancing information security. NIS2 is not just another bureaucratic hurdle, but an opportunity for companies to review and strengthen their IT risk management strategies. How can good risk management help you prepare for NIS2?

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NIS2 Directive – registration deadline and severe sanctions

Hungarian companies affected by the NIS2 Directive are required to file their NIS2 registration application to the Supervisory Authority of Regulated Activities (SZTFH). Even though thousands of companies in Hungary are affected by the NIS2 Directive, many are not even aware that the new cybersecurity regulation applies to them. If an organization under the NIS2 Directive fails to meet the requirements and deadlines of the NIS2 Directive in Hungary, it may face significant financial consequences: a penalty of up to HUF 50–350 million.

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Accounting for and taxation of dividends

In Hungary the resolution on dividend is taken once a year when the financial statements are approved and the company\'s supreme body decides on the amount and payment of the dividend. Under the effective legal regulations, untied retained earnings supplemented by the after-tax profit from the previous financial year may be disbursed as dividend.

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Foreign VAT refund - The Court of Justice of the EU comes to the aid of taxpayers

The Court of Justice of the European Union (CJEU) has ruled (C-746/22) that a Hungarian rule which does not allow foreign taxpayers to submit their VAT refund documents even in the second instance procedure is not in line with the EU law. The CJEU found that the Hungarian legislation infringes the principle of VAT neutrality and the principle of effectiveness, as it prohibits taxpayers from providing the additional information requested by the first-tier tax authority in an appeal to the second-tier tax authority.

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Importance of SME qualification – Micro-, small and medium sized enterprises?

The correct SME qualification (micro, small or medium-sized) has a particular importance for Hungarian companies when applying for certain EU tenders or reviewing the eligibility for corporate income tax (CIT) base decreasing items or CIT credits, but also for determining whether a given company is subject to innovation contribution or not. The Hungarian SME qualification has to be carried out based on a complex methodology prescribed by the corresponding act, and the SME status has to be indicated in the annual CIT return.

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