Interim tax changes in personal income tax and corporate tax

The amendment regarding contributions from airlines and certain tax laws was adopted by the National Assembly on July 4, 2023.

Changes related to personal income tax:

According to the amendment, it is now considered a sale if, based on a trust fund management relationship, the settlor transfers property owned by them into trust management (this also applies to private foundations by the settlor). This results in a sale upon transfer of the assets, which may create a tax liability on the settlor’s side. In this case, the income should be determined in accordance with the general rules of the Personal Income Tax Act. Furthermore, the amendment specifies the concept of dividends in the case of trust fund managers, stating that it refers to wealth provided at the expense of the reserve. Contributions provided at the expense of the wealth are tax-exempt, while dividends are subject to taxation in accordance with the general rules of the PIT Act.

Flat-rate taxation according to personal income tax: The scope of activities applying the 80 percent cost ratio has been extended to include driver training supplemented with passenger car driving.

Amendments related to corporate tax:

The definition of a company holding agricultural land transformed from arable land has been clarified in cases where the company acquires the transformed property after the balance sheet date, and then the member of the company sells or exits their shareholding in the same year. This rule applies to shares sold or exited after the entry into force of the law for shares sold or exited after that date.

A new development tax incentive has been introduced for investments of strategic importance for the transition to a zero net emission economy, which is a transitional tax incentive. The concept of investments of strategic importance for the transition to a zero net emission economy has been introduced, which includes the production of batteries, solar panels, wind turbines, heat pumps, electrolyzers, and equipment directly used in the manufacturing of these devices, as well as the production or recovery of raw materials related to these devices. The condition for claiming the tax incentive is that the taxpayer submits an application to the Minister responsible for tax policy before the start of the investment, which must be assessed and registered by no later than December 31, 2025.

The amendment elevates to a statutory level the rule currently formulated by government decree concerning loss limitation related to discharged obligations in bankruptcy proceedings or liquidation procedural settlement.

Contributions made as donations to the account of the National Unity Fund are recognized as expenses in the corporate tax base without the need for separate verification.

Among non-business-related expenses, advertising costs will be removed.

The amendment eliminates the previous temporal restriction (until 2030) on the use of carried forward, unused losses incurred until the last day of the tax year starting in 2014, allowing these losses to be used indefinitely from now on.

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