Tax rates

Standard rate: 27 %

Reduced rate 5 %, e.g. for

  • supply of pharmaceuticals
  • supply of books
  • district heating supply of meat, eggs, milk
  • accomodation residential properties if sold within 2 years as of occupancy permit

Reduced rate 18 %, e.g. for

  • supply of milk products, of products manufactured using flour and milk

Supply of goods

Supply of goods and withdrawal for private use (self supply) are taxable.

Place of supply of goods

Principally the place where the item is located at the time disposal is transferred (static supply).

In case of dispatch/transportation by the supplier or purchaser: the place where dispatch/ transportation begins (moving supply).

Importation from third country: If the supplier owes the import VAT – import country

In case of transportation by ship, airplane, railroad within the EU: the place of dispatch

Special provisions for chain and triangular transactions

Supply of services

Supply of services and private use / supply of services without consideration (self-supply) are taxable

Place of supply of services

From 1 January 2010 a differentiation is made between services rendered

  • to taxable persons (“Business to Business”, “B2B”) or
  • to non-taxable persons (“Business to Customer”, “B2C”).

For purposes of determining the place of the supply of services,

  • taxable persons and
  • non-taxable legal entities holding a VAT registration number will be considered as “taxable persons”.

Basic rule

B2B B2C
Place of recipient

(The place where the recipient of services has established his business)

Place of supplier

(The place where the supplier of services has established his business)

Special cases

B2B B2C
Supplies of services by intermediaries Place of recipient (basic rule) Place of the underlying transaction
Property services Place of the property Place of the property
Cultural, artistic, scientific, educational, sports, entertainment or similar services, like services in connection with fairs and exhibitions including services of the respective organizers Place of recipient (basic rule) Where the services are physically carried out
Other services con- cerning the right of admission and related other services for events like fairs and exhibitions Place of recipient (basic rule) Where the services are physically carried out
Passenger transport Distances covered Distances covered
Transportation of goods (without intra-community portion) Place of recipient (basic rule) Distances covered
Intra-community goods transportation Place of recipient (basic rule) Place of departure of the transport

 

B2B B2C
Ancillary transport services Place of recipient (basic rule) Where the services are physically carried out
Appraisal and processing of movable tangible objects Place of recipient (basic rule) Where the services are physically carried out
Restaurant and catering services Where the services are physically carried out Where the services are physically carried out
Restaurant and catering services in connection with intra-community passenger transport Place of departure Place of departure
Hiring of means of conveyance for up to 30 days Where the means of transport is actually put at the disposal of the customer Where the means of transport is actually put at the disposal of the customer
Hiring of means of conveyance for over 30 days Place of recipient (basic rule) Where non-taxable person is established

Special regulations for hiring pleasure boats

“Listed services” to third country recipients Place of recipient (basic rule) Where non-taxable person is established
Telecommunication, broadcasting and electronically supplied services Place of recipient (basic rule) Where non-taxable person is established

Mini-One-Stop-Shop (MOSS) / One-Stop-Shop (OSS)

Currently taxable persons from an EU member state or third country – who provide electronically supplied services, telecom, radio and TV services to consumers within the EU – can, subject to certain conditions, make use of simplifications within the MOSS system. The taxable person will thereby only be registered for VAT purposes in the member state where the headquarters of the economic activity and/or the permanent establishment are located.
As of July 1, 2021 a registration in the country of destination is not required anymore for the following services, because sales can be declared in one member state of the EU via the One-Stop-Shop (OSS) and VAT can be payed in a centralized way:

  • B2C services
  • Supplies to consumers: turnover threshold is eliminated (exception for micro-businesses).
  • Import: Tax exemption for imports from goods with value
    < EUR 22 is eliminated; Import One-Stop-Shop (IOSS) is applicable for imports to consumers for goods with value
    < EUR 150
  • Platforms: certain platforms are treated as if they delivered the goods by themselves (notional delivery); platform may become a tax debtor

Reverse charge (reversal of tax liability)

For all supplies of services and work supply Special regulation (among others) for building services

Requirements

The supplier of the service has no domestic domicile or habitual abode, nor a domestic perma- nent establishment involved in supplying the service

The recipient of the supply of services is a taxable person registered in Hungary (even for non-taxable activities)

Consequences

Invoice without VAT, indication of the reverse charge, VAT registration numbers of the supplier and the recipient

The recipient owes the VAT.

Application also

Apply to Hungarian construction services, among others, and areas susceptible to fraud (e.g. hiring out of labour, cereals , metal products, scraps)

Tax reliefs

Important differentiation concerning input VAT deduction

Exemption (Input VAT deductible even though no VAT chargeable on supply of goods and services)

  • Exports of goods
  • Subcontracting
  • Cross-border goods transportation
  • Cross-border passenger transport by boat and aircraft
  • Mediation of the above transactions

Zero rates (non-genuine tax exemption) (Input VAT is not deductible)

  • Sales of banks, insurance companies and pension funds
  • Property sales (the supplier can opt for tax liability)
  • Tax-free renting of property
  • Sales of doctors, dentists etc.

Deductible input VAT

For VAT invoiced to the business for the supply of goods and services
Generally no deduction of input VAT with respect to:

  • supply of personal car, jacht, motor, residental property, food, drink
  • supply of services regarding transport (taxi, parking), construction and renovation of residential property, catering and entertainment

Input VAT correction

In case of fixed assets: If the circumstances which have been relevant for the input VAT deduction change subsequently, a corresponding positive or negative input VAT correction must be made.
As a general rule, the observation period for input VAT correction is 60 months. The observation period for input VAT correction related to properties is generally 240 months.

Real estate

Rentals

Renting of immovable property is VAT exempt; the lessor can opt for tax liability

Sales

Revenues from the sale of real property are VAT exempt; the seller can opt for tax liability (27 %).

Exception:

Sale of building lots and of land with buildings without permit of use or with permit of use younger than 2 years is always taxable.

Refund of input VAT for Hungarian taxable persons within the EU

Electronic application to be made by the Hungarian taxable person at its competent Hungarian tax office at the latest by 30 September of the following year. Separate applications are required for each member state.

Filing of original invoices is only necessary if required by fiscal authorities of the respective member state.
Minimum amount of refundable input VAT: EUR 400 (EUR 50 if the refund period coincides with the calendar year).

Foreign taxable persons

Taxable persons without domicile or permanent establishment in Hungary.

Registration

Registration required if sales are effectuated in Hungary.

Refund of input VAT for taxable persons domiciled in the EU

If no sales are made in Hungary, electronic applica- tion at the competent tax office in the EU member state (originating country) of the taxable person.

Refund of input VAT for taxable persons not domiciled in the EU

If no sales are made in Hungary, refund has to be applied for by September 30 of the following year at the latest
Official form, invoices to be submitted. Minimum input VAT refundable: EUR 400 (EUR 50 if the refund period coincides with the calendar year). Only for countries Hungary has a bilateral treaty with.

Contact

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1100 Vienna

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