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Relations Between European Law and Taxation in Bulgaria

Received: 2 December 2022    Accepted: 26 December 2022    Published: 9 January 2023
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Abstract

The Republic of Bulgaria joined the European Union (EU) in 2007. The aim of this article is to review the impact of European law on the Bulgarian tax system. As the topic is very broad, the study focuses on the Constitution on the one hand and certain tax statutes on the other. Attention is also paid to the latest challenges in the field of international taxation. First, the subject of the study is the amendments made to the constitutional provisions related to tax matters. In discussing them, it is necessary to use a broader concept of European law, since the European Charter of Local Self-Government was adopted by the Council of Europe. Articles 9 (1), 9 (2) and 9 (3) of the Charter set out important principles of self-government that influence the decision-making process on what amendments to undertake to the Constitution. Second, for the purposes of this article, the recent changes in the area of indirect taxation are taken into account, as indirect taxes have been harmonized with the VAT Directive transposed into the Bulgarian Value Added Tax Act (VATA). EU legislation also governs excise duties, which are levied on alcoholic beverages, tobacco and energy products. The provisions of Directive 2008/118/EC on the general arrangements for excise duty have been transposed into the Bulgarian Excise Duties and Tax Warehouses Act (EDWA). However, excise duties need a separate in-depth study. For this reason, they remain outside the scope of this article. Third, changes have been made in the area of direct taxation. A key objective of the EU is the creation of a common market, which implies the removal of obstacles to the free movement of goods, persons, services and capital between Member States. The Treaty on the Functioning of the European Union (TFEU) therefore contains provisions empowering the Union to introduce directives in the field of direct taxation. Nevertheless, as bilateral tax agreements also apply in the same area, the article sheds light on the conflicts between them and EU directives, as they are sometimes based on different legal principles.

Published in International Journal of Law and Society (Volume 6, Issue 1)
DOI 10.11648/j.ijls.20230601.13
Page(s) 16-22
Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.

Copyright

Copyright © The Author(s), 2023. Published by Science Publishing Group

Keywords

Constitution of the Republic of Bulgaria, Central and Local Authorities, Value Added Tax (VAT), Corporate Income Tax (CIT)

References
[1] Angelov, Angel. Financial Law of the People's Republic of Bulgaria. Sofia, 1970.
[2] Kornezov, Aleksander. A New Era in International Corporate Taxation and EU Law. evropeiskipravenpregled.eu, accessed 18 November 2022.
[3] Kornezov, Aleksander. The Decision of the Polish Constitutional Court Amounts to a Legal "Polexit". Mediapool.bg, accessed 30 September 2022.
[4] Kostov, Miltcho. Financial Legal Relations. Sofia, (Bulgarian Academy of Sciences ed.), 1979.
[5] Minkova, Ganeta. Tax Obligations. Sofia, (Ciela ed.) 2012.
[6] Minkova, Ganeta. The Principle of Statutory Establishment of Taxes. Legal Thoughts. Year 51 (1) (2010), pp. 22-33.
[7] Semov, Atanas. The timid reforms of a tired Europe, In: -The Lisbon Treaty, consolidated texts and commentaries. Sofia, University Press "St. Kliment Ohridski", pp. 111-168.
[8] Blumenstein, Ernst. System des Steuerrechts. Zuerich, Schulthess ed., 1971.
[9] Gautron, Jean-Claude. Droit Eupopeen. Paris. Dalloz ed. 2012.
[10] Hensel, Albert. Steuerrecht. Berlin. 1933.
[11] Lazarov, Ivan. Implementing the multilateral Instrument in Bulgaria, in Kofler/Lang/Owens/Pistone/Rust/Schuch/Spies/Staringer (eds), The Implementation and Lasting Effects of the Multilateral Instrument 2021, 233.
[12] Poore, Benjamin Perley. The Federal and State Constitution. Colonial Charters and Other Organic Laws of the United States. Washington. 1878.
[13] Schmitt, Carl. Theorie de la constitution. Paris. Presses universitaires de France. 1993.
[14] The Constitution: A Documentary and Narrative History. Smith (ed.) 1978.
[15] Vanistendael, Frans. Halifax and Cadbury Schwepps: One Single Theory of Abuse in European Tax Law? (2006) EC Tax Review 15 (4), pp. 192-195.
[16] Vanistendael, Frans. Judicial Interpretation and the Role of Anti-Abuse Provisions in Tax Law, in Cooper, Graeme (Ed), Tax Avoidance and the Rule of Law (IBFD Publications, Amsterdam 1997).
[17] Zurcher, Arnold John. Constitutions and Constitutional Trends since World War II. New York Univ. Press, 1955.
[18] June infringements package: key decisions (europa.eu), accessed 30 September 2022.
[19] https://ec.europa.eu/commission/presscorner/detail/en/ip_21_2430, accessed 3 October 2022.
[20] debt-equity bias (europa.eu), accessed 1 December 2022.
[21] Tax and Fiscal Policy in response to the Coronavirus Crises: Strengthening Confidence and Resilience, Tax and fiscal policy in response to the Coronavirus crisis: Strengthening confidence and resilience (oecd.org), accessed 1 October 2022.
[22] minfin.bg, accessed 22 November 2022.
[23] parliament.bg, accessed 18 November 2022.
[24] BG: Constitution of the Republic of Bulgaria, Promulgated, State Gazette (SG) No. 56/13.07.1991, (effective 13.07.1991), (amended and supplemented, SG No. 85/26.09.2003, SG No. 18/25.02.2005, SG No. 27/31.03.2006; Decision No. 7 of the Constitutional Court of the Republic of Bulgaria of 13.09.2006 - SG No. 78/26.09.2006; amended and supplemented, SG No. 12/06.02.2007, SG No. 100/18.12.2015).
[25] BG: Value Added Tax Act. State Gazette, promulgated 2001, (amended and supplemented 2002, 2004, 2006, 2007, 2008, 2010, 2011, 2012, 2013, 2014, 2015).
[26] BG: Corporate Income Tax Act, State Gazette, promulgated 2006, (amended and supplemented 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022).
[27] BG: Local Taxes and Fees Act, State Gazette, promulgated 1997, (amended and supplemented 1998, 1999, 2000, 2001 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022).
[28] EU: Directive 2006/112/EC on the common system of value added tax, EUR-Lex - 32006L0112 - EN - EUR-Lex (europa.eu), accessed 1 December 2022.
[29] EU: Council Directive (EU) 2020/285 of 18 February 2020 amending Directive 2006/112/EC on the common system of value added tax as regards the special scheme for small enterprises and Regulation (EU) No 904/2010 as regards the administrative cooperation and exchange of information for the purpose of monitoring the correct application of the special scheme for small enterprises (legislation.gov.uk), accessed 22 November 2022.
[30] EU: Council Directive (EU) 2017/2455 of 5 Dec. 2017 amending Directive 2006/112/EC and Directive 2009/132/EC as regards certain value added tax obligations for supplies of services and distance sales of goods, EUR-Lex - 32017L2455 - EN - EUR-Lex (europa.eu), accessed 1 November 2022.
[31] EU: Council Directive (EU) 2019/1955 of 21 Nov. 2019 amending Directive 2006/112/EC as regards provisions relating to distance sales of goods and certain domestic supplies of goods, EUR-Lex - 32019L1995 - EN - EUR-Lex (europa.eu), accessed 2 November 2022.
[32] EU: Council Directive (EU) 2016/1164 of 12 July 2016 laying down rules against tax avoidance practices that directly affect the functioning of the internal market (OJ L 193, 19.7.2016, p. 1–14), http://data.europa.eu/eli/dir/2016/1164/oj, accessed 30 November 2022.
[33] European Charter of local self-government (coe.int), accessed 11 November 2022.
[34] BG: Constitutional Court, 20 June 1996, Decision № 9, constcourt.bg, key words – taxes, accessed 30 September 2022.
[35] BG: Constitutional Court, 30 Jan. 1997, Decision № 2, constcourt.bg, key words – taxes, accessed 26 September 2022.
[36] BG: Constitutional Court, 18 June 1998, Decision № 17, constcourt.bg, key words – taxes, accessed 30 September 2022.
[37] BG: Constitutional Court, 2 Feb. 1998, Decision № 19, constcourt.bg, key words – taxes, accessed 30 September 2022.
[38] BG: Constitutional Court, 24 Nov. 1998, Decision № 31, constcourt.bg, key words – taxes, accessed 29 September 2022.
[39] BG: Constitutional Court, 21 Sept. 2000, Decision № 9, constcourt.bg, key words – taxes, accessed 30 September 2022.
[40] BG: Constitutional Court, 23 Apr. 2007, Decision № 7, constcourt.bg, key words – taxes, accessed 30 September 2022.
[41] BG: Constitutional Court, 28 Feb. 2008, Decision № 1, constcourt.bg, key words – taxes, accessed 26 September 2022.
[42] BG: Constitutional Court, 5 May 2010, Decision № 11, constcourt.bg, key words – taxes, accessed 30 September 2022.
[43] BG: Constitutional Court, 5 Apr. 2012, Decision № 5, constcourt.bg, key words – taxes, accessed 28 September 2022.
[44] BG: Constitutional Court, 4 July 2013, Decision № 4, constcourt.bg, key words – taxes, accessed 30 September 2022.
[45] BG: Constitutional Court, 24 Oct. 2013, Decision № 10, constcourt.bg, key words – taxes, accessed 25 September 2022.
[46] BG: Constitutional Court, 26 Nov. 2013, Decision № 11, constcourt.bg, key words – taxes, accessed 30 September 2022.
[47] BG: Constitutional Court, 9 Apr. 2019, Decision № 4, constcourt.bg, key words – taxes, accessed 29 September 2022.
[48] BG: Constitutional Court, 30 June 2020, Decision № 8, constcourt.bg, key words – taxes, accessed 30 September 2022.
[49] BG: Constitutional Court, 9 Feb. 1996, Decision № 3, constcourt.bg, key words – taxes, accessed 27 September 2022.
[50] BG: Constitutional Court, 19 Mar. 1998, Decision № 6, constcourt.bg, key words – taxes, accessed 1 October 2022.
[51] BG: Supreme Administrative Court, Decision № 3439 of 12 Apr. 2022, ЕДИС Портал Справки - Дела (justice.bg), accessed 1 November 2022.
[52] BG: Supreme Administrative Court, Decision № 2406 of 15 Mar. 2022, ЕДИС Портал Справки - Дела (justice.bg), accessed 5 November 2022.
[53] BG: Supreme Administrative Court, Decision № 11200 of 4 Nov. 2021, ЕДИС Портал Справки - Дела (justice.bg), accessed 31 October 2022.
[54] BG: Supreme Administrative Court, Decision № 16130 of 27 Nov. 2019, ЕДИС Портал Справки - Дела (justice.bg), accessed 2 November 2022.
[55] EU: CEJ, C-384/04, Case C-384/04: Judgment of the Court (Third Chamber) of 11 May 2006 (reference for a preliminary ruling from the Court of Appeal (Civil Division) — United Kingdom) — Commissioners of Customs & Excise, Attorney General v Federation of Technological Industries and Others (Sixth VAT Directive — Articles 21 (3) and 22 (8) — National measures to combat fraud — Joint and several liability for the payment of VAT — Provision of security for VAT payable by another trader) - Publications Office of the EU (europa.eu), accessed 1 November 2022.
[56] EU: CEJ, C-4/20, CURIA - List of results (europa.eu), accessed 30 September 2022.
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    Ganeta Minkova. (2023). Relations Between European Law and Taxation in Bulgaria. International Journal of Law and Society, 6(1), 16-22. https://doi.org/10.11648/j.ijls.20230601.13

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    Ganeta Minkova. Relations Between European Law and Taxation in Bulgaria. Int. J. Law Soc. 2023, 6(1), 16-22. doi: 10.11648/j.ijls.20230601.13

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    Ganeta Minkova. Relations Between European Law and Taxation in Bulgaria. Int J Law Soc. 2023;6(1):16-22. doi: 10.11648/j.ijls.20230601.13

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  • @article{10.11648/j.ijls.20230601.13,
      author = {Ganeta Minkova},
      title = {Relations Between European Law and Taxation in Bulgaria},
      journal = {International Journal of Law and Society},
      volume = {6},
      number = {1},
      pages = {16-22},
      doi = {10.11648/j.ijls.20230601.13},
      url = {https://doi.org/10.11648/j.ijls.20230601.13},
      eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20230601.13},
      abstract = {The Republic of Bulgaria joined the European Union (EU) in 2007. The aim of this article is to review the impact of European law on the Bulgarian tax system. As the topic is very broad, the study focuses on the Constitution on the one hand and certain tax statutes on the other. Attention is also paid to the latest challenges in the field of international taxation. First, the subject of the study is the amendments made to the constitutional provisions related to tax matters. In discussing them, it is necessary to use a broader concept of European law, since the European Charter of Local Self-Government was adopted by the Council of Europe. Articles 9 (1), 9 (2) and 9 (3) of the Charter set out important principles of self-government that influence the decision-making process on what amendments to undertake to the Constitution. Second, for the purposes of this article, the recent changes in the area of indirect taxation are taken into account, as indirect taxes have been harmonized with the VAT Directive transposed into the Bulgarian Value Added Tax Act (VATA). EU legislation also governs excise duties, which are levied on alcoholic beverages, tobacco and energy products. The provisions of Directive 2008/118/EC on the general arrangements for excise duty have been transposed into the Bulgarian Excise Duties and Tax Warehouses Act (EDWA). However, excise duties need a separate in-depth study. For this reason, they remain outside the scope of this article. Third, changes have been made in the area of direct taxation. A key objective of the EU is the creation of a common market, which implies the removal of obstacles to the free movement of goods, persons, services and capital between Member States. The Treaty on the Functioning of the European Union (TFEU) therefore contains provisions empowering the Union to introduce directives in the field of direct taxation. Nevertheless, as bilateral tax agreements also apply in the same area, the article sheds light on the conflicts between them and EU directives, as they are sometimes based on different legal principles.},
     year = {2023}
    }
    

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    AB  - The Republic of Bulgaria joined the European Union (EU) in 2007. The aim of this article is to review the impact of European law on the Bulgarian tax system. As the topic is very broad, the study focuses on the Constitution on the one hand and certain tax statutes on the other. Attention is also paid to the latest challenges in the field of international taxation. First, the subject of the study is the amendments made to the constitutional provisions related to tax matters. In discussing them, it is necessary to use a broader concept of European law, since the European Charter of Local Self-Government was adopted by the Council of Europe. Articles 9 (1), 9 (2) and 9 (3) of the Charter set out important principles of self-government that influence the decision-making process on what amendments to undertake to the Constitution. Second, for the purposes of this article, the recent changes in the area of indirect taxation are taken into account, as indirect taxes have been harmonized with the VAT Directive transposed into the Bulgarian Value Added Tax Act (VATA). EU legislation also governs excise duties, which are levied on alcoholic beverages, tobacco and energy products. The provisions of Directive 2008/118/EC on the general arrangements for excise duty have been transposed into the Bulgarian Excise Duties and Tax Warehouses Act (EDWA). However, excise duties need a separate in-depth study. For this reason, they remain outside the scope of this article. Third, changes have been made in the area of direct taxation. A key objective of the EU is the creation of a common market, which implies the removal of obstacles to the free movement of goods, persons, services and capital between Member States. The Treaty on the Functioning of the European Union (TFEU) therefore contains provisions empowering the Union to introduce directives in the field of direct taxation. Nevertheless, as bilateral tax agreements also apply in the same area, the article sheds light on the conflicts between them and EU directives, as they are sometimes based on different legal principles.
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Author Information
  • Institute of the State and the Law, Bulgarian Academy of Sciences, Sofia, Bulgaria

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