New economic support measures
The Act Determining the Measures to Mitigate the Consequences of Rising Energy Prices in the Economy and Agriculture (“ZUOPDCE”) entered into force on 5 March 2022 and introduced temporary economic support measures, including economic supports to offset losses due energy price increases, as well as measures in the area of tax, namely the extension of certain deadlines.
The ZUOPDCE extends until 30 April 2022 the deadline for the submission of annual reports to the Agency of the Republic of Slovenia for Public Legal Records and Related Services (“AJPES”) as well as the deadline for the submission of self-employment income tax returns and corporate income tax returns.
Legal and natural persons registered for carrying on an economic activity by 1 December 2021 at the latest, will be eligible for certain aid in the event of an increase in energy costs of more than 40 % in 2022 compared to 2021. Energy costs are evident from the balance sheet under AOP 132 for legal persons and under account 402 for natural persons.
If the beneficiary was registered after 1 January 2021, the increase in energy costs will be calculated on an annual basis according to the number of operating days in 2021.
If the beneficiary was registered after 1 January 2021, the increase in energy costs will be calculated on an annual basis according to the number of operating days in 2021.
The aid amount is determined according to the actual sum of the net sales revenue in 2019 and the share of energy costs as a total of operating expenditure in 2019. For entities established later, the aid amount will be calculated on the basis of data for 2020 (if established after 1 January 2019 up to and including 1 January 2020) or 2021 (if established after 1 January 2020 up to and including 1 January 2021). However, for entities set up later, the aid amount will be calculated on the basis of the number of operating days in 2021.
The amount of aid received is limited to a maximum of 60% of the loss suffered by the beneficiary, and may not exceed the amounts referred to in Article 2(7) of the ZUOPDCE, and may not exceed the actual loss suffered as a result of the increase in the cost of energy products, together with any other aid received.
Natural persons who are not required to draw up a profit and loss account or to keep an account of expenses actually incurred will have to provide evidence of the increase in energy prices by means of original accounting documentation (e.g. invoices). The amount of the aid will be determined on the basis of net turnover (from box 1 of the self-employment income tax return) and expenditure (normal expenditure from box 8 of the self-employment income tax return).
Beneficiaries may apply for aid until 15 April 2022 at the latest, and the aid will be disbursed by 5 May 2022. An individual beneficiary does so by submitting a statement declaring that he/she is a beneficiary through the eDavki system of the Financial Administration of the Republic of Slovenia (“FURS”).
The monitoring of the disbursement of funds and eligibility for the aid received will be verified by the FURS in 2023 (after the publication of the annual reports for 2022). If you discover that you have over-claimed or are not eligible for the aid, you can avoid late payment interest by informing FURS of the error: (i) by the deadline for submitting the 2022 corporate income tax return; or (ii) for the period covering the data for the second half of 2022; or (iii) by the deadline for submitting the 2022 self-employment income tax return; or (iv) by the deadline for submitting a final return after the wind-up of a company. In this case, you must repay the aid received within 30 days of notification of the decision. It is also possible to apply for an interest-free instalment repayment of the aid received.
Author: Tina Marciuš Ravnikar, Senior Associate
