Report accounts abroad to FURS!

Dear Slovenians,

news reached us some time ago, we have to report it to FURS all accounts opened abroad, otherwise we face a potential fine of €200 to €1,200 (resource). In the Slolux association, we checked the mentioned information at FURS. We present to you an extract of the valid information on 17/01/2017 and we urge you to report the invoices as soon as possible to avoid a penalty!

1. The information is correct, yes everyone registered in the tax register must declare payment accounts opened abroad in Slovenia. All tax residents must report them according to Article 6 ZDoh-2  and all citizens registered in the tax register of Slovenia pursuant to Article 50 ZFU - i.e. all Slovenian citizens who have accounts abroad. ATTENTION: If you have the status of a non-resident, it does not mean that you are not in the tax register (see the explanation at the bottom of the page)!
2. In September 2017, FURS will exchange data on financial accounts with other EU member states and outside it, namely for data on financial accounts for 2016; also with Luxembourg, from where it will receive information about financial accounts that Slovenian residents have opened in that country. Data on reportable financial accounts are collected by the reporting financial institutions of each signatory country »Multilateral agreement between the competent authorities on the automatic exchange of information on financial accounts” and then forward them to the competent authorities in their country. FURS will forward the data to the competent Financial Offices, which will check the data and fine those individuals who have not declared the accounts.
3. Financial offices will obtain data on the final account balance or account value at the end of the calendar year or, if the account was closed during the year, immediately before the account was closed. The purpose of the obtained data is to check the reported income in tax audits, especially in the income tax assessment procedures, i.e. whether you have submitted an appropriate income tax return in Slovenia, or if you are not obliged to do so (e.g. tax non-residents), whether you have submitted the return in the country where you are liable.
   1. Pursuant to Article 34 ZDoh-2 if you are an employee of the institutions of the European Communities, the European Central Bank, the European Investment Bank and the European Investment Fund, you are exempt from income from employment, if your income tax is already withheld at these institutions.
4. Which accounts and what do you have to report?
   1. You must report all payment accounts. An explanation of which accounts are considered payment accounts can be found in point 1 Explained by FURSa.
   2. You must report the IBAN, SWIFT, country and date of account opening (if you know it).
5. How to report account(s) opened abroad?
   1. Fill out the first page form DR-02.
   2. On page 2 of the DR-02 form, fill in fields 10 and 10.1 and 10.2. If you have more than two accounts open, then enter the data from fields 10 and 10.1 for all accounts on a piece of paper.
   3. Sign both sheets, scan them and:
      1. Submit via eDavkov, form LD - own document (since you can only attach one file, be sure to scan both pages into the same document).
      2. Mail to the relevant Finance Office (depending on your permanent residence or last place of residence in Slovenia).
6. What if you don't report the invoices? There are two possible penalties that can befall you:
   1. Failure to report invoices can result in a fine of between €200 and €1,200, regardless of the content of the invoice (eg whether the invoice is in use or not). See point 5 Explained by FURS.
   2. If, during the inspection of the account, FURS finds that you received income on the account that was not declared for income tax, but it should have been, FURS will issue a decision on the payment of income tax, a misdemeanor procedure will also follow, and a complaint may also be filed for the commission of a criminal offense of tax evasion , depending on the circumstances of each case. In a possible tax inspection, it is also possible to expect the assessment of tax on unannounced income, which is carried out at the 70 % rate of taxation of income and property according to paragraph 4 of Article 68.a USAvP-2.

We therefore recommend that you notify FURS as soon as possible all payment accounts, opened abroad, thus avoiding possible fines.

ADDITIONAL CLARIFICATION RECEIVED ON 1/18/2017 by the Head of the Tax Registry Sector, which explains that the numbers must be reported by ALL:

Point 5 of Paragraph 1 of Article 49 of the ZFU:
– information on the resident status of the taxpayer...

Information on whether a person entered in the tax register is a resident or a non-resident is only one of the data kept in the tax register.

So, we have residents and non-residents in the tax register. Therefore, it is difficult to conclude that if you have deregistered your residency, you no longer have a tax number. If you deregister your residency, your status in the tax register changes from resident to non-resident. The tax number remains. According to the ZFU, the account must also be declared for non-residents.

It is true, however, that if you read several laws together, you could conclude that someone who has deregistered his residency in Slovenia and does not intend to return to Slovenia, does not need to register a foreign account, after all, he has nothing to do with Slovenia as far as taxes are concerned more. But the ZFU does not specify this. Maybe I should, but not yet.

WARNING: The information has been collected to the best of our ability and forwarded with the aim of helping Slovenians abroad to avoid potential problems. Despite everything, the association cannot take responsibility for the accuracy of the information and the consequences of your actions. In case of ambiguity, please contact the competent Financial Office.

Prepared by: Emil Kos

Sources:

• Invoice registration form (DR-02)
• Tax Procedure Act (ZDavP-2)
• Financial Administration Act (FAA)
• Income Tax Act (ZDoh-2)
• ENTRY INTO THE TAX REGISTER: Financial accounts from abroad - Questions and answers (FURS)
• Accounts abroad: What do you have to report? (Finance online)
• Signatory countries »Multilateral agreement between the competent authorities on the automatic exchange of information on financial accounts"
• Head of the tax register sector (by phone)
• Head of the International Taxation and Information Exchange Sector (telephone)