Fiscal subject related
In general terms, the unreliable payer can be any natural or legal person who is a payer and seriously commits a breach of his/her obligations relating to value added tax administration, and by this infraction, the public interest on proper tax collection is jeopardized.
The status of the unreliable VAT pay can be assigned to the taxpayer:
- by law - automatically by law on the registration of the unreliable person for VAT in accordance with a provision of Article 106a(4) of the VAT Act. So, if an unreliable person becomes a payer, it shall also become an unreliable payer at the same time. The moment of registration for VAT (payer) is decisive.
- by a decision of a tax administrator - The entity in question gains the unreliable payer status by a decision of a tax administrator based on a provision of Section 106a(1) of the VAT Act. For deciding on the unreliable payer in case of a serious violation of obligations relating to tax administration it is sufficient if there is fulfilled any point of the criteria.
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