Changes on KATA (Itemized Tax of Small Taxpayer Enterprises) 2021
Act CXLVII of 2012 on Itemized Tax of Small Taxpayer Enterprises (“KATA”) and Small Company Tax (“KIVA”) has major changes effective from January 1, 2021 regarding the tax rate and the rules of procedure for KATA:
From 2021 onwards one natural person is allowed to have only one „KATA relationship”. In case of multiple relationships, in case the main one wasn’t declared and the others weren’t deleted by the taxpayer, the Tax Authority takes the oldest as valid, and deletes all other relationships automatically on January 1, 2021. The taxpayer may override it later according to the normal routines of declarations and cancellations.
- From 2021 onwards payments to KATA taxpayers are subject to 40% tax payable by the customer. Exemptions: HUF 3 million by customer each year, given that KATA taxpayer and the customer are not related parties.
- If the customer is not a resident taxpayer in Hungary, then the 40% tax is payable by the KATA taxpayer on the basis of 71,42% of the total amount. The HUF 3 million tax exemption can also be applied for these relations.
- The KATA taxpayers must inform their clients about their KATA status during contracting in order to comply with these new rules. Regarding agreements made before
January 1, 2021 the KATA taxpayer must issue a declaration until January 15, 2021. ‘Small taxpayer’ label will still be a mandatory part of their invoices. - The 40% tax must be included in the monthly tax return by the 12th of the following month, which is also the deadline for the tax payment.
It is very important that in case the customer is a Hungarian resident taxpayer, the tax is payable by the customer and is not allowed to deduct the tax from the contracted value. Actually, it means that the total expense will be 40% higher over the HUF 3 million limit.