Area: Finance
Competent authority: FURS, MF
EZU URL: .nan
Initiative ID: 1104
Initiative accepted and completed: '2021-02-01'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2021-01-18'
Initiative published: '2021-01-18'
Initiative submitted: '2021-01-16'
Response from the competent authority: 'Reply from the Ministry of Finance: We would
  like to clarify at the outset that the content of the Forecast Form has been determined
  taking into account the regime for taxation of gains on the disposal of capital,
  which is prescribed by the Income Tax Act (Official Gazette of the Republic of Slovenia
  No 117/06 et seq., hereinafter referred to as "ZDoh-2").The substance of the initiative
  is not entirely clear (nor does it indicate in which other countries the described
  tax treatment of gains on the disposal of capital would apply), but it can be understood
  as proposing to change the taxation of speculative gains on the disposal of capital
  in such a way that the financial intermediary would calculate the taxable amount
  of each transaction and withhold tax, while the annual filing of a tax return would
  be maintained for non-speculative gains.In general terms, we would like to clarify
  that, according to Article 147 of the Constitution of the Republic of Slovenia,
  the State prescribes taxes, customs duties and other duties by law. Therefore, it
  is not possible to prescribe taxes by means of by-laws (including by-laws setting
  out the forms to be used for the returns). It follows from the above that the system
  of taxation of personal income prescribed by ZDoh-2 cannot be changed by amending
  the return form.We would like to further clarify that, according to Article 97(2)
  of ZDoh-2, gains realised in a tax year on the disposal of capital may be reduced
  by losses realised in the same year, irrespective of the manner in which the gains
  were realised by the individual (through short-term or long-term investments, through
  transactions carried out by the individual himself or through financial intermediaries).
  However, such a "netting" of gains realised in the year against losses realised
  does not allow for the introduction of income tax to be paid in a manner whereby
  the financial intermediary would calculate the income tax in the withholding tax
  return on the gain from each capital disposal, withhold and pay it, as the introduction
  of such a method would add to the complexity of the capital gains tax system.Given
  that the initiative also mentions the rule laid down in Article 97(5) ZDoh-2, according
  to which, in certain cases, gains realised in a tax year cannot be reduced by losses
  realised in the tax year (i.e. in cases of apparent disposals and disposals between
  related parties), we would like to clarify in this respect that this is an anti-avoidance
  rule. This type of rule is also in force in some other countries.'
Text file: 1104.txt
Title: ' Income tax return on gains from the disposal of securities and other interests
  and investment vouchers'
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=1104
