In accordance with Article 7 and 21 of the Law on the Indirect Taxation Authority, Article 1 and 2 of the Law on the Procedure of Indirect Taxation, Article 193, paragraph (1) of the Administrative Procedure Law, Article 57 of the Value Added Tax Law, and Article 10 of the Regulation on Registration and Entry in the Unified Register of Indirect Taxpayers, the Indirect Taxation Authority, Tax Sector, Department for Support, while handling a request for voluntary registration for value-added tax and registration for foreign trade operations, issued decision 04/1-17-1-UPJR/1-3732-2/20 on August 14th, 2020. This decision approves voluntary registration for value-added tax and registration for foreign trade operations for our client.
This Law Office submitted a request to the Tax Department in the relevant regional center of the Indirect Taxation Authority on behalf of the client for voluntary registration for value-added tax and registration for foreign trade operations. The application indicated the turnover achieved for the previous/current calendar year in the amount of 0,00 KM and the estimated turnover for the current calendar year in the amount of 49.000,00 KM.
According to Article 5, paragraph (2) of the Regulation on Registration and Entry in the Unified Register of Indirect Taxpayers, a person not obliged to register for VAT can submit a request for voluntary registration according to the provisions of Article 4 of the VAT Law. Paragraph (4) of the same article states that the Indirect Taxation Authority assigns an identification number to persons under this article and issues a decision on VAT registration and entry in the Register, determining the rights and obligations based on VAT registration.
Article 29, paragraph (3) of the aforementioned Regulation stipulates that for a person that has not generated taxable turnover exceeding the legally prescribed threshold up to the moment of submitting the request, the rights and obligations based on VAT registration are determined from the date of issuing the registration and entry decision in the Register, except in cases specified in Article 61, paragraph (6) of the VAT Law, where the registration period begins from the start of the first lease. Considering that the applicant fulfilled the conditions for voluntary registration for value-added tax under Article 4 of the VAT Law and Article 5, paragraph (2) of the Regulation, as well as the conditions for conducting foreign trade operations, and provided the documentation prescribed by Articles 12 and 13 of the Regulation, the decision was made in favor of our client.
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