Direct taxes

 

Income tax

 

The major Slovak legislation regulating the taxation of income is the Act No. 595/2003 on Income Tax.

Usually, the income is taxed in the country of employment, unless provided otherwise. Hence, if you are employed in Slovakia, the income tax is deducted from your salary according to the Slovak legislation, unless a bilateral agreement for avoiding double taxation states otherwise. The income of researchers and teachers with an employment contract or agreements on work performed outside the employment relationship is taxed.

The tax period is one calendar year. The income tax is paid monthly in the form of a tax advance. 19 % tax rate is applied to the tax base not exceeding 176.8 times the amount of subsistence minimum valid on 1 January of the current year and 25  % tax rate to the tax base exceeding 176.8 times the amount of subsistence minimum valid on 1 January of the current year (equal to 37,145.68 € in 2020, as of 30.6.2020 with the subsistence minimum equal to 210.10 €/month). The tax base corresponds to the amount of gross wage reduced by all the contributions to compulsory insurance funds and a non‑taxable sum (exempt from taxation)

 

Foreigners with unrestricted tax liability, as well as foreigners with restricted tax liability whose taxable income from Slovakia represents at least 90 % of their total income, can reduce their tax base by the non‑taxable sum. The non‑taxable sum depends on the amount of subsistence minimum applicable in the particular year and on the taxpayer’s total annual income. A special non‑taxable amount can be also applied on a spouse (upon fulfilling certain statutory requirements). The resulting tax can be reduced by a child taxation bonus (for a dependent child, i.e. until completing compulsory education or a studying child up to 25 years old) if the employee’s annual taxable income has reached at least six times the level of minimum salary (3 480 €). The annual child taxation bonus equals 272,64 € in 2020.

 

 

The following types of income are examples of income exempt from taxation or are not subject to taxation:

  • scholarships provided from the state budget (including PhD scholarships), or by higher education institutions or similar benefits provided from abroad,financial support from foundations or non‑profit organisations except for remuneration for carrying out mployment or business activities,
  • financial resources from grants provided upon international treaties, by which Slovakia is bound
  • benefits from health and social insurance, including old‑age savings,
  • per diems up to the amount set by law,
  • employer’s financial contribution to the board of an employee up to the amount set by the law,
  • income from employment in the territory of the Slovak Republic of a taxpayer with restricted tax liability (for the definition see the next paragraph) from an employer with the seat abroad if the period of performance of such work does not exceed 183 days in any 12 month‑period

 

The determination of the tax residence is necessary in order to clarify the tax liability to the state of occupation and/or residence.

Unrestricted tax liability applies in the case of a person with a permanent residence or domicile in Slovakia and a person who usually stays in Slovakia for at least 183 days (6 months) in a calendar year. Subject to a tax of such a taxpayer is his/her income received from Slovakia as well as from abroad.

On the other hand, a taxpayer with restricted tax liability is a person without a permanent residence or domicile in Slovakia, a person who usually stays in Slovakia for less than 183 days in a calendar year or who often stays in Slovakia only for the purpose of studies or enters Slovakia daily (or occasionally) only for the purpose of employment. Subject to a tax of such a taxpayer is only his/her income from Slovakia. The tax residence may also be determined by bilateral double taxation agreements.

The decisive factors for the determination of the tax residence are residence, usual stay, a centre of vital interest – closer personal or economic relations, habitual abode, being a national of one of the states (usually this is set out in Art. 4 of bilateral double taxation agreements).

 

In order to make the taxing of migrant persons easier and to avoid double taxation, the Slovak Republic has concluded bilateral agreements with other countries. Slovakia continuously extends the geographical area covered by taxation agreements, during the time of preparation of this publication, taxation agreements are signed with 65 countries. The list of countries with double taxation agreements with Slovakia is available on the website of the Ministry of Finance of the Slovak Republic .

 

 

A list of Double Tax Treaties

The taxation conditions, therefore, vary depending on the country of “origin” of a person – if there is a bilateral agreement, and what its provisions are.

Double taxation agreements also state the method of elimination of double taxation, in case the income was taxed in the country of occupation and must be declared in the country of tax residence, where he/she is a taxpayer with unrestricted tax liability. In a case of states, where no double taxation agreement exists, income from abroad, which has been taxed in the country of occupation other than the Slovak Republic, is exempted from taxation in the Slovak Republic. (An authentic certificate of taxation of income must be submitted.) Naturally, this is relevant only to taxpayers with unrestricted tax liability in the Slovak Republic. Legislation, official documents and forms to download are available in Slovak and some of the documents also in English at the website of the Ministry of Finance of the Slovak Republic.

 

 

The deadline for submitting the tax return is 31 March every year (with the possibility of postponing this deadline for 3–6 months upon sending the notification to the competent tax office until 31 March). Only afterwards the tax overpayment or tax arrears can be determined. The taxpayer must pay the tax within the deadline for filing the declaration of taxes. An employee, who worked throughout the year in Slovakia and received taxable income only from employment during the calendar year, may request the annual settlement of income tax from the last employer. It is necessary to submit the request not later than 15 February. The annual settlement will be done by the employer on behalf of the employee. In case he/she will not ask the employer for the settlement until the given deadline, fails to deliver all required documents to this date, or received income from abroad within the tax period, he/she must submit the tax return on his/her own.

In the case of tax residents with unlimited liability who have some income from abroad, it is necessary to state all the incomes in the tax return form and provide documents proving the payment of the tax abroad. Authentic certificate(s) of taxation of income(s) must be submitted. When the taxpayer cannot obtain these documents within the deadline (31 March), he/she shall notify the Tax Office about postponing the deadline to file the tax return (up to 6 months in the case of income from abroad). The tax return form and other tax related documents can be downloaded from the website of the Slovak Finance administration, although in Slovak only. It is recommended to consult the competent tax authority with any tax issues arising from a researcher’s state of permanent residence prior to commencing work in the Slovak Republic.

 

Local tax

Local taxes are within the competence of municipal assemblies and are therefore different in every village and town. Local taxes include real estate tax; dog tax; taxes for using public spaces; accommodation tax; vending machines tax; non‑gambling slot machines tax; taxes to drive into and/or park a motor vehicle in the historical centre of a city and nuclear devices tax.

Municipalities also charge local payments for communal waste and small quantities of construction waste.