Important changes in corporate tax from 2015! New rules in the profit minimum and in deferred loss

31 March 2015


New rule!

To determine the income (profit) minimum, the original cost of goods sold and the original costs of services mediated cannot be not deducted from the total revenue from this year!


Has not changed: if a taxpayer’s pre-tax profit or his tax base as specified with normal rules, whichever is higher, fails to reach the income (profit) minimum, such taxpayer shall have the option to either:

  • make a statement in his tax return, or
  • apply the income (profit) minimum.


Determination of income (profit) minimum:

  • total revenue
  • at preferential transformation the income shown for the tax year in respect of members of the predecessor
  • at preferential transfer of assets the income shown for the tax year from the transfer of a strategic business unit in respect of the transferring company
  • at preferential exchange of shares the amount of capital gains claimed during the tax year as earned on shares in respect of member of the acquired company
  • 50 % of the sum by which the daily average of loan from private individual members exceed the opening balance of the sums owed to private individual members.

Income (profit) minimum means 2 % of the adjusted total income.




Profit minimum shall not apply to the taxpayer:

  • during the pre-company period and the following tax year,
  • if a foundations, public foundations, associations, social cooperative, public-benefit nonprofit business association,
  • if having sustained any natural disaster during the current or the previous tax year, and the value of the damage represents at least 15 % of the taxpayer’s annualized revenues for the previous tax year.


Carried forward loss: 5-year utilization limit


From 2015, if the tax base specified with normal rules is negative in any tax year, the taxpayer may deduct such amount of loss from its pre-tax profit spread out at any rate in the following five tax years, provided that the negative tax base occurred under the principle of proper execution of the law within its meaning and intent.


The deferred losses cumulated from before the last day of the tax year beginning in 2014, not yet claimed in the tax base, the losses so deferred shall be claimed in the tax year covering 31 December 2025 at the latest in the form of deduction from the pre-tax profit.


Has not changed: losses deferred from previous tax years may be deducted from the pre-tax profit up to 50 % of the tax base for the tax year calculated without any appropriation thereof. Deferred losses shall be appropriated in chronological order.

Act LXXXI of 1996 on Corporate Tax and Dividend Tax Section 17