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The Hungarian regulation on foreigner’s VAT refund violates EU rules, according to the advocate general's opinion

18 December 2023 Péter Barta | 18 December 2023
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Péter Barta

According to the opinion released yesterday by the advocate general of the European Court of Justice, the Hungarian regulation that prohibits foreign taxpayers from submitting their documents in the second instance (appeal) procedures in VAT refund cases violates European law. If the final judgment will align with this opinion, it would not only simplify the process for foreign businesses to claim VAT refunds in Hungary but would also open the possibility to reclaim previous VAT payments.

Closure of Shops: The Red Card Comes Immediately

18 December 2023 Péter Barta | 18 December 2023
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Péter Barta

The rules for shop closures are tightening, and next year, those who violate invoice or receipt obligations may not necessarily get away with just a warning. Considering that even a few weeks of closure can cause significant damage to a company's life, it is advisable for businesses to tighten their processes and supervision of their employees.

What Are the Primary Securities in Hungary in Structured Finance Deals?

15 December 2023 Ádám Boross | 15 December 2023
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Ádám Boross

Hungarian structured finance transactions rely on a clear and enforceable security framework. The Hungarian Civil Code provides lenders with a comprehensive set of security interests that can be flexibly structured to support complex financing arrangements and to mitigate credit risk in secured lending transactions.

Tax-free acquisition of shares in startups

29 November 2023 Zsóka Erdősy | 29 November 2023
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Zsóka Erdősy

As of 1 January 2024, a long-standing dream of startups is coming true: these companies can provide shares to their employees and executives tax-free. As a result, the ownership mindset and motivation of these individuals can be efficiently ensured without tax burdens.

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Tax

Key Elements of a Real Estate Sale and Purchase Agreement in Hungary

10 November 2023 Éva Kovács | 10 November 2023
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Éva Kovács

Buying or selling real estate in Hungary is a private agreement between a seller(s) and a purchaser(s). The process is governed by strict form and content requirements and overlooking them may easily put the entire transaction at risk. Understanding these rules in detail — from formal signatures and escrow arrangements to the special restrictions applying to agricultural land — is the key to ensuring that every property transfer is not only valid on paper, but also secure and enforceable in practice.

EPR DATA REPORTING - IT'S NOT WORTH TO CIRCUMVENT THE OBLIGATIONS

12 October 2023 Henrik Bereznai | 12 October 2023
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Henrik Bereznai

The approaching October 20 deadline has been kept the Hungarian business sphere on edge for quite some time. This is the cutoff for submitting the first EPR (Extended Producer Responsibility) declarations. While many details are still unresolved, it is already clear that attempting to deceive or withhold information is not worth it.

On the Horizon: The First Data Submission of the EPR regime - The Most Important Questions and Answers

26 September 2023 Henrik Bereznai | 26 September 2023
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Henrik Bereznai

As part of the implementation of the European Union's waste management directives, Hungary will also need to apply the rules of the ‘Extended Producer Responsibility’ (EPR) legislation as from 1 July 2023.

MORE AND MORE TAX AUDITS - IT'S WISE TO STAY VIGILANT

20 September 2023 Henrik Bereznai | 20 September 2023
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Henrik Bereznai

Already last year, it was noticeable that after several years of decline, the Hungarian Tax Authority conducts more and more tax audits. In 2022, the number of tax audits increased by 6.2% compared to the previous year. Experience shows that this trend is expected to continue even more strongly this year. The most commonly audited tax category remains VAT.

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The law is constantly in flux. While many people may find this intimidating, for us it’s precisely what makes it so exciting. We’d like to share this attitude with businesspeople and managers, and with those who just have an interest in business law, in the form of a regularly updated blog that discusses the latest tax law and commercial law issues in an accessible style. Feel free to send your questions and suggestions for topics you’d like us to cover to blog@jalsovszky.com.