Text file: 2832.txt
author: j123
downvotes: 0
end consideration date: 2012-05-09
id: '2832'
number comments: 1
number views: 4967
proposal type: Competent authority response
response: "Response from the Ministry of Finance\nThe Act on Balancing Public Finances\
  \ (Official Journal of the Republic of Slovenia, No 40/12; hereinafter: ZUJF) amended,\
  \ inter alia, the first paragraph of Article 132 of the Income Tax Act (Official\
  \ Journal of the Republic of Slovenia, No 13/11 - official consolidated text, 24/12\
  \ and 30/12; hereinafter: ZDoh-2). As a result, income tax will be calculated and\
  \ paid at a higher rate than the current rate (which is 20%), namely at a rate of\
  \ 25%, on capital income received or realised as from 1 January 2013.\nThe provisions\
  \ of the ZUJF are the result of social dialogue.\nThe proposal concerning the taxation\
  \ of capital income under ZDoh-2, which you have sent to us, must be assessed not\
  \ only in the light of the comparison of the taxation of direct investments in shares\
  \ by individuals with investments in shares through companies owned by individuals,\
  \ but also and above all in the light of the comparison of the taxation of capital\
  \ income with the taxation of other types of income of natural persons on which\
  \ income tax is payable. Any reduction in the rate of taxation of a particular type\
  \ of income relative to other types of income may result in a so-called spill-over\
  \ effect (i.e. the income changes its nature and is formally paid out as income\
  \ of a type that is less taxed).\nIn general, the fiscal perspective is also taken\
  \ into account when making changes to tax legislation, especially in a tight fiscal\
  \ environment, and any proposals for changes to tax legislation are also examined\
  \ in the light of fiscal sustainability.\nThe proposal to exempt individual wealth\
  \ management services from VAT is not acceptable from the point of view of consistency\
  \ with Council Directive 2006/112/EC on the common system of value added tax. Under\
  \ both the Directive and Article 44(4)(f) of the Value Added Tax Act (Official Journal\
  \ of the Republic of Slovenia No 13/2011 - UPB3, 18/11, 78/11 and 38/12), VAT is\
  \ only exempted for the management of investment funds (including mutual funds),\
  \ but not for individual asset management services.\n "
response date: 2012-06-19
response due date: null
sent date: 2012-04-10
title: Taxation of capital gains and dividends
upvotes: 17
url: https://predlagam.vladi.si/predlog/2832
