Worldwide VAT, GST and Sales Tax Guide
• Reverse-charge services received by a Croatian taxable person
• The intra-Community acquisition of goods from another European Union (EU) Member State by a taxable person (see the EU chapter)
• The importation of goods into Croatia, regardless of the status of the importer
Quick Fixes. Pending introduction of a “definitive” system for the VAT treatment of intra-Community supplies of goods to taxable persons, the EU has adopted Quick Fixes for intra-Community trade in goods. For an overview of Quick Fixes rules, see the EU chapter. For documentary requirements see Section H. Invoicing, subsection Proof of exports and intra-Community supplies.
As of 1 January 2020, the Quick Fixes have been adopted in Croatia. The Quick Fixes consist of the following four measures:
• VAT identification number of the customer constitutes an additional substantive condition for the application of the exemption in respect of an intra-Community supply of goods. Respective exemption is applicable only if the customer has provided its VAT number from another EU Member State and the supplier has reported it in its EC Sales list.
• Defined list of documents for proof of transport required to claim an exemption for intraCommunity supplies. There is a rebuttable presumption in favor of the taxable person based on two independent pieces of evidence (noncontradictory proof by two different parties independent of each other, from the supplier and from the customer).
• Call-off stock simplification, according to which the transfer of goods to a stock located in another Member State with a view to supplying them at a later stage to a customer will no longer qualify for the supplier as a deemed intra-Community supply and a deemed intra-Community acquisition of goods. When the customer takes the goods out of the stock, the supplier is deemed to perform a direct intra-Community supply of goods to the customer.
• New rules in respect to allocation of the transport in chain transactions. According to these rules, the intra-Community transport is to be allocated to the supply made to the intermediary, who arranges the transport. There is an exception to this general rule if the intermediary communicates to its supplier its VAT identification number granted by the EU Member State from which the goods are dispatched or transported. In that situation, the transport of the goods would be allocated to the supply made by the intermediary to its customer.
Effective use and enjoyment. To avoid instances of non-taxation or double taxation, EU Member States can apply use and enjoyment rules that allow a service that is “used and enjoyed” in the EU to be taxed or prevent a service that is “used and enjoyed” outside the EU from being taxed. If a service is taxed in the EU under the use and enjoyment provisions, a non-EU supplier of the service may be required to register for VAT in every Member State where it has customers that are not taxable persons. For information regarding the rules relating to VAT registration, see chapters on the respective EU countries.
In Croatia, the following services are subject to the use and enjoyment provisions:
• Effective use and enjoyment rule shifting the place of supply of services from a place outside the EU to the territory of Croatia if the effective use and enjoyment of the services take place within Croatia.
• Effective use and enjoyment rule shifting the place of supply of services to a place outside the EU if the effective use and enjoyment of the services take place outside the EU.
Both rules apply only to business-to-consumer (B2C) supplies of rental of movable property and rental of boats.
Transfer of a going concern. Normally the sale of the assets of a VAT-registered or VAT-registrable business will be subject to VAT at the appropriate rate. However, a transfer of a business as a going concern (TOGC) may be outside the scope of the tax under certain conditions. A TOGC is the sale of a business or part of a business capable of separate operation including assets. Where
Digital economy. Specific VAT rules apply to cross-border supplies of goods and services sold via the internet (e-commerce) in all EU Member States with effect from 1 July 2021. These new rules apply to all direct sales to nontaxable persons (in practice these are mostly private individuals), but we refer to these rules as e-commerce VAT rules because most of these transactions are conducted via the internet. In general, the place of supply is in the country of consumption, i.e., where the goods are shipped to or where the buyer of the goods or services resides, subject to any “use and enjoyment” provisions that may override this rule (see the Section B, Effective use and enjoyment subsection above). Therefore:
• For supplies of services made by a nonresident supplier to a business customer (B2B), the business customer is responsible for accounting for the VAT due using the reverse charge.
• For supplies of goods made by a nonresident supplier to a business customer (B2B) where the goods are transported from another EU Member State, the business purchasing the goods is responsible for accounting for the VAT due as an intra-Community acquisition. If the goods come from outside the EU, the purchaser may have to report an importation of goods.
• For supplies of goods or services made by a nonresident supplier to a final consumer (B2C), the supplier is generally responsible for charging and accounting for the VAT due at the rate applicable in the customer’s country (unless the supplier’s sales fall beneath the distance selling threshold of EUR10,000 with effect from 1 July 2021). This VAT can be reported using a single VAT registration, using a “One-Stop-Shop” mechanism.
For more details about intra-EU distance sales, see the EU chapter.
Effective 1 July 2021, an e-commerce supplier may have a choice of how to account for VAT on its B2C supplies.
From 2025, the place of supply for specific virtual services (educational, cultural, sport, entertainment or similar) is where the service recipient is established or is resident.
Local VAT registration. A nonresident supplier may choose to register for VAT in each Member State and account for VAT on all supplies made and recover input tax in accordance with local rules (see the non-established businesses subsection above). Non-EU businesses may be required to appoint a fiscal representative for accounting for the VAT due on these transactions.
In Croatia, the normal VAT registration rules apply (see the Registration procedures subsection below).
One-Stop Shop. Effective 1 July 2021, a supplier can choose to account for the VAT due under the EU One-Stop Shop (OSS), which can be used for intra-EU cross-border supplies of goods and all cross-border supplies of services made to final consumers in the EU. Unlike the previous Mini One-Stop-Shop (MOSS) scheme that applied until 30 June 2021, the OSS is not limited to cross-border supplies of electronic services, telecommunication services and broadcasting services.
The OSS is an electronic portal that allows businesses to:
• Register for VAT electronically in a single Member State for all intra-EU distance sales of goods and for B2C supplies of services
• Declare and pay VAT due on all supplies of goods and services in a single electronic quarterly return
The OSS can be used by businesses established in the EU and outside the EU. If a supplier or a deemed supplier decides to register for the OSS, it must declare and pay VAT for all supplies (goods as well as services) that fall under the OSS.
For more details about the operation of the OSS, see the EU chapter.
Taxable persons established in Croatia that choose to apply the special scheme (or the taxable person that chooses Croatia as a Member State of identification for the special scheme) is obligated to notify the Croatian tax authorities electronically when it commences and ceases its taxable activities covered by the special scheme, or when it changes those activities in such a way that it no longer meets the conditions necessary for use of the special scheme.
Registration for the OSS purposes and possible changes of activities should be done through the HR OSS internet portal (https://eusustavi.porezna-uprava.hr/wps/portal/Home/MOSS/Registration/union/).
The taxable person making use of this special scheme is obligated to submit a VAT return by electronic means for each calendar quarter, whether or not the goods and services covered by the special scheme have been supplied, by the end of the month following the end of the tax period covered by the return.
Among other, the VAT return must show for each Member State of consumption in which VAT is due the total value of supplies of goods and services covered by the special scheme carried out during the tax period and total amount per rate of the corresponding VAT.
VAT amount is to be paid in EUR at the latest by the deadline for the submission of the respective VAT return.
Import One-Stop Shop. Effective 1 July 2021, the Import One-Stop-Shop (IOSS) scheme applies for B2C distance sales of goods from outside the EU.
Effective 1 July 2021, VAT is due on all commercial goods imported into the EU regardless of their value. The actual supply is subject to VAT in the country where the goods are imported (the country of destination). The IOSS facilitates the declaration and payment of VAT due on the sale of low-value goods (i.e., consignments valued at less than EUR150 per consignment). It allows suppliers selling low-value goods dispatched or transported from a non-EU country to customers in the EU to collect, declare and pay the VAT due. If the IOSS is used, the importation into the EU is exempt from VAT.
A taxable person established in Croatia that chooses to apply the special scheme for importation (or the taxable person that chooses Croatia as a Member State of identification for the importation special scheme) is obligated to notify the Croatian tax authorities electronically when it commences and ceases its taxable activities covered by the special scheme, or when it changes those activities in such a way that it no longer meets the conditions necessary for use of the special scheme.
Registration for the IOSS purposes and possible changes of activities should be done through the HR OSS internet portal (https://eusustavi.porezna-uprava.hr/wps/portal/Home/MOSS/Registration/union/).
Croatian tax authorities will allocate an individual VAT identification number (IOSS identification number) to the taxable person and to an intermediary making use of this special scheme, upon which they will notify them by electronic means.
The taxable person making use of this special scheme, or its intermediary, is obligated to submit a VAT return by electronic means for each calendar month, by the end of the following month.
Among other, the VAT return must show for each Member State of consumption in which VAT is due the total value of supplies covered by the special scheme carried out during the tax period and total amount per rate of the corresponding VAT.
VAT amount is to be paid in EUR at the latest by the deadline for the submission of the respective VAT return.
Application should be accompanied with excerpt from the court register and confirmation from the tax authorities in the country of establishment that the entity is a registered taxable person. In the case where a third party is authorized, a power of attorney (POA) is required.
All accompanying documents (which should be filed in hard copy) with the request should be translated to Croatian by an official interpreter. Documents may also be submitted via the Croatian tax authorities’ web platform “ePorezna” or via email. Delivery of documents via email is dependent on the agreement with the competent tax authority office, since the Croatian tax authorities have not issued any formal decision on the subject. At the time of preparing this chapter, delivery of documents via email is still dependent on the agreement with the competent tax authority in the absence of legally binding decision with the specific date of the commencement and the end of such possibility still being unknown. For practical considerations it is important to note that some tax authority clerks accept documents submitted only via email while others demand concurrent submittal of documents in physical form. Registration for OSS purposes should be done through the HR-MOSS internet portal of the Croatian tax authority (https://eusustavi. porezna-uprava.hr/wps/portal/Home/MOSS/Registration/union/).
Deregistration. Taxable persons registered for VAT (because the VAT threshold was reached in past periods) may submit written application for deregistration to the Croatian tax authority until 15 January if the threshold in the preceding year was not reached.
Foreign taxable persons that have obtained a Croatian VAT ID number and cease the economic activities in Croatia for which they were registered should notify the Croatian tax authority about the cessation of business activities within eight days.
Croatian taxable persons that also perform intra-Community transactions may apply for cancellation of their VAT ID number if they cease to perform such transactions. The cancellation of a VAT number does not automatically mean that taxable person is erased from the VAT register in Croatia.
The tax authority can ex officio cancel the VAT ID number in certain cases, such as when the taxable person has not performed business activities in the EU for more than one calendar year; the taxable person has acquired goods valued at less than EUR10,000 in the previous two calendar years; the taxable person has not received services within the EU for more than one calendar year; or a foreign taxable person has not performed supplies in Croatia for more than one calendar year.
In the case of fraudulent activities, deregistration occurs almost automatically.
The tax authority can also cancel the VAT ID number if it determines that there is no further reason for VAT registration in Croatia or if the taxable person has misused the VAT ID number.
If the tax authority suspects the VAT ID, number was assigned without actual justification, the tax authority may request from the taxable person in question that it provides securities, i.e., VAT payment guarantees for the period not longer than 12 months. If the taxable person does not provide requested securities, the tax authority will cancel the taxable person’s VAT ID number and render a resolution on such decision.
Tax authorities may suspend the VAT ID number if they suspect it has been misused. A suspended VAT ID number can be reactivated if the taxable person submits evidence that eliminates the reason for the suspension within one year. Failure to do so will result in cancellation of the VAT ID number.
Changes to VAT registration details. A taxable person must notify the tax authorities if there is a change in their VAT registration details (e.g., name of company, address, type of business, VAT status, etc.). The taxable person must submit a notification of the respective change together with
an excerpt from the relevant register where the change is visible. There is no prescribed deadline for such notification.
All accompanying documents (which should be filed in hard copy) should be translated to Croatian by the official interpreter. Documents may be submitted via the Croatian tax authorities’ web platform ePorezna or via email. Delivery of documents via email is dependent on the agreement with the competent tax authority office, as the Croatian tax authorities have not issued any formal decision on the subject. At the time of preparing this chapter, delivery of documents via email is still dependent on the agreement with the competent tax authority in the absence of legally binding decision with the specific date of the commencement and the end of such possibility still being unknown. For practical considerations it is important to note that some tax authority clerks accept documents submitted only via email while others demand concurrent submittal of documents in physical form.
D. Rates
The term “taxable supply” refers to supplies of goods and services that are liable to a rate of VAT, including supplies that are exempt with the right to deduct input tax.
The VAT rates are:
• Standard rate: 25%
• Reduced rates: 5%, 13%
• Zero-rate: 0%
The standard rate of VAT applies to all supplies of goods or services, unless a specific measure provides for a reduced rate, the zero rate or exemption.
Examples of goods and services taxable at 0%
• Exports of goods outside the EU and related services
• Intra-Community goods and services supplied to another taxable person established in the EU or to a recipient outside the EU.
• Supply and installation of solar panels on and adjacent to private dwellings, housing, and public and other buildings used for activities in the public interest
Examples of goods and services taxable at 5%
• All types of bread
• All types of milk (except for yogurt, sour milk, chocolate milk and other dairy products)
• Books containing professional, scientific, artistic, cultural and educational content, unless they are used for advertising purposes and unless they comprise video or music content
• Medicines authorized by relevant agency
• Medical products, implants and other orthopedic devices
• Cinema tickets, tickets for concerts, sports events of a competitive or exhibition character and cultural events except supply of services in culture and closely related supply of goods, performed by institutions in culture, public bodies or other legal entities in culture that are exempt supplies
• Scientific magazines
• Newspapers and magazines published daily unless they are used for advertising purposes and unless they comprise video or music content
• Live animals
• Baby food and processed grain food for infants and small children, in accordance with special legislation
• Oils and fats for human consumption, of either vegetable or animal origin, butter and margarine
• Fresh meat products
• Fresh or cooled meat
• Fresh fish
• Fresh crabs
• Fresh vegetables
• Fresh and dry fruit and nuts
• Fresh eggs
• Supply of natural gas and district heating (until 31 March 2025 ; after that a reduced rate of 13% is applied)
• Firewood, pellets, briquettes and wood chips (until 31 March 2025 ; after that a reduced rate of 13% is applied);
• Seedlings and seeds
• Fertilizers and pesticides and other agrochemical products
• Animal food, excluding food for pets
Examples of goods and services taxable at 13%
• Room only, bed and breakfast, half board or full board accommodation services in all types of the listed commercial catering facilities and agency commission services for all the abovementioned services
• Periodic newspapers and magazines printed on paper except for those subject to 5% and do not contain advertisements or serve advertising purposes and unless they comprise video or music content
• Children’s car seats and babies’ nappies
• Menstrual supplies that are used specifically during menstruation, regardless of whether they are intended for single or multiple use
• Supply of water, with the exception of water sold in bottles or any other packaging
• Electricity supply to another supplier or end user, including related fees
• Supply of natural gas and district heating (from 1 April 2025; before that a reduced rate of 5% is applied)
• Firewood, pellets, briquettes and wood chips (from 1 April 2025; before that a reduced rate of 5% is applied)
• Public service of collecting mixed municipal waste, biodegradable municipal waste and separate waste collection under special regulations
• Urns and coffins
• Writers, composers and artists’ services and related royalties
• Restaurant and catering services
The term “exempt supply” refers to all supplies of goods and services that are not liable to VAT and that do not qualify for input tax deduction.
Examples of exempt supplies of goods and services
• Public interest activities
• Postal service
• Hospital services and health care services
• Social care services
• Financial services
• Insurance transactions
• Real estate transactions
• Goods and services for the benefit of disaster victims
Option to tax for exempt supplies. An option to tax is available for the provision of credit that is connected with the taxable person’s supplies of goods or services. The taxable person may also opt for taxation of supplies of real estate and land (except construction land) to another taxable person who is fully entitled to input tax deduction for the respective acquisition. The option may be exercised at the moment of supply.
E. Time of supply
The time when VAT becomes due is called the “chargeable event” or “tax point.” Under the general rules the chargeable event occurs when goods are delivered or when services are performed.
If no invoice is issued for supplied goods or services, VAT is due on the last day of the tax period (month) in which the goods are delivered, or the services performed.
Deposits and prepayments. If a payment is made before the supply (prepayment), VAT is due the moment the prepayment is received. A regular VAT invoice must be issued when a prepayment is received. The above rules do not apply to prepayments in connection with intra-Community supplies and acquisitions.
Continuous supplies of services. If the service is being provided continuously through several tax periods, VAT becomes due at the end of each tax period in which the service is provided, regardless of whether the invoice has been issued.
Goods sent on approval for sale or return. There are no special time of supply rules in Croatia for supplies of goods sent on approval for sale or return. As such, the general time of supply rules apply (as outlined above).
Reverse-charge services. The supply of reverse-charge services becomes generally taxable when the service is supplied, i.e., consumed by the recipient.
Leased assets. VAT law prescribes specific VAT treatment of leasing agreements. It differentiates VAT treatment of lease transactions depending on whether the lease in question is an operating or finance lease. In general, a finance lease arrangement is treated for VAT purposes as a supply of goods while an operating lease would be treated as provision of services.
In the case of a finance lease where the lessee bears depreciation costs and may acquire ownership rights over the asset, the VAT liability for total value of the lease arises for the accounting period in which the asset has been supplied to the lessee. In the case of an operating lease where the lessor bears depreciation costs of the leased asset and the lessee does not have the purchase option, VAT liability arises with respect to respective rental fees incurred in the tax period. If rental fees are not determined for the tax period, i.e., a month, it should be calculated for each month.
Imported goods. VAT on import is due when goods are imported or when the goods leave the duty suspension regime and are released for free circulation.
VAT is considered to be paid if the importer includes the VAT amount in question on its VAT return. The condition is that the importer must be the taxable person who has a full right to VAT deduction and has indicated in the customs declaration that they will account for import VAT under the postponed accounting scheme. In such cases, the reverse charge would apply (no cash flow effect).
Intra-Community acquisitions. Tax point is the moment when goods are acquired within the EU. VAT is due the moment the invoice is issued. The invoice should be issued no later than the 15th day of the month following the month in which the goods are delivered. If the invoice for the supply is not issued in time, VAT is due on the 15th day of the month following the month in which goods were acquired.
Intra-Community supplies of goods. Generally, for intra-Community supplies of goods, the time of supply is when the invoice is issued. Otherwise, the time of supply is the 15th day of the month following the month in which goods are supplied. However, intra-Community supplies of goods are exempt from VAT in Croatia if the supplier proves the goods have left the territory of Croatia,
and a VAT ID is obtained from the customer. The customer’s VAT ID must be reported in the EC Sales List.
Distance sales. The time of supply rules for the supply of distance sales is the moment when the payment has been accepted by the supplier.
F. Recovery of VAT by taxable persons
A taxable person may recover input tax, which is the VAT charged on goods and services supplied to the taxable person for its business purposes. A taxable person generally recovers input tax by deducting it from output tax, which is VAT charged on supplies made. Input tax includes VAT charged on goods and services supplied in Croatia, VAT paid on imports and self-assessed VAT on intra-Community acquisitions of goods, acquisition of goods within the triangulation and reverse-charge services (see the EU chapter).
The time limit for a taxable person to reclaim input tax in Croatia is six years. The right to deduct input tax arises when the deductible tax becomes chargeable. The Croatian General Tax Act does not set a statute of limitations for the right to recognize input tax from incoming invoices, which means that input tax from incoming invoices can be deducted when the prescribed conditions for deduction are met regardless of the “age” of the incoming invoice. However, the general statute of limitation of six years applies. The statute of limitation starts from the year following the year when the tax became deductible.
Deduction of input tax based on the assessment. In cases when additional VAT is charged on supplies made by a taxable person based on a tax assessment, the supplier can issue a corrective invoice based on which service or goods the recipient will be entitled to deduct input VAT on in the period when the corrective invoice was received. Also, any additional import VAT charged based on the document issued by Customs Office is deductible.
Nondeductible input tax. Input tax may not be recovered on purchases of goods and services that are not used for business purposes (for example, goods acquired for the private use of entrepreneurs). In addition, input tax may not be recovered for some items of business expenditure. The following lists provide some examples of items of expenditure for which input tax is not deductible and examples of items for which input tax is deductible if the expenditure is related to a taxable business use.
Examples of items for which input tax is nondeductible
• 50% of costs related to the purchase and lease of passenger cars, including purchase of any related goods or services. Passenger cars are motor vehicles for transport of people which, except for the driver’s seat, have no more than eight seats. As an exception, the above rule will not apply to passenger cars used for drivers’ training, vehicle testing, security services, business activities that include transport of passengers, goods, deceased, leasing or are acquired for further sale; nor will it apply to certain categories based on specific tariff declarations and are not subject to taxation according to the special regulations.
• The purchase of goods or services for the purpose of business entertainment, which is defined as payment for accommodations, gifts, holidays, sport or pleasure of business partners, as well as payment for rentals of cars, boats, aircraft, summer houses, etc.
Examples of items for which input tax is deductible (if related to a taxable business use)
• Advertising
• Purchase, lease, fuel and maintenance of test vehicles, taxis and rental vehicles
• Telephones
• Books and newspapers
• Attendance at seminars and training courses (except food and drinks)
• Business gifts up to EUR22
• Hotel accommodations
Partial exemption. If an entrepreneur uses goods and services in its business activity for which an input tax deduction is allowed and uses them with respect to the supply of goods and services for which input tax deduction is not allowed, the amount of “mixed” input tax must be divided between deductible input tax and nondeductible input tax.
To determine the amount of input tax that may be recovered, one of the following methods may be used:
• The deductible input tax may be determined based on accounting and other documentation that relates to taxable and exempt supplies.
• If the taxable person cannot determine the amount of input tax as described above, a pro rata method can be used to determine the amount of deductible input tax. Under the pro rata method, the total annual supplies (exclusive of VAT) for which input tax is deductible is divided by total annual supplies, including supplies for which VAT is not deductible and subsidies.
• The amount of deductible input tax may be determined separately for each business segment of the taxable person. The taxable person must maintain separate accounting records for each business segment and notify the tax authorities before this method is applied.
If a taxable person performing both taxable and exempt supplies of goods and services determines under the pro rata method that it has the right to deduct 98% or more of input tax, it is entitled to a 100% input tax deduction.
Approval from the tax authorities is not required to use the partial exemption standard method in Croatia.
Special methods are allowed in Croatia. The taxable person may determine the part of the input tax that it may deduct separately for each part of its business, if it keeps separate books for each part. If the taxable person chooses the method of determining part of the input tax in this way, it must inform the competent branch office of the tax administration before the beginning of the tax period in which it begins to apply this method of division of input tax.
Capital goods. Capital goods are goods classified according to accounting standards as long-term assets. Input tax is deducted in the year in which the goods are acquired or produced. In general, input tax on the purchase or lease of vehicles for personal transportation is 50% deductible (as of 1 January 2019, 50% of input tax should be deductible on the purchase of passenger cars regardless of their value).
If the conditions applicable to the deduction of input tax change within a five-year period beginning with the year in which the goods begin to be used, the amount of input tax is corrected in the period after the change. For real estate, the adjustment period of 10 years applies.
The capital goods adjustment also applies to additional construction and refurbishment services relating to immovable property that is capitalized.
Refunds. If the amount of input tax recoverable in a tax period exceeds the amount of output tax payable in that same period, the taxable person has an input tax credit. An input tax credit may be carried forward to the following tax period and used as a payment for future VAT liabilities or may be claimed as a VAT refund. A taxable person is entitled to a VAT refund upon request within 30 days after submitting a VAT return, or, in the case of a tax audit, 90 days from when the audit started.
The tax authorities must pay interest on delayed repayments of VAT. As of 1 July 2023, the annual penalty interest rate is 7%.
Pre-registration costs. The economic or other activity of the taxable person begins with preparatory activities undertaken to starting the economy activity. Input tax in relation to preparatory activities can be deducted if all other requirements for the deduction of input tax are met. If a taxable person has applied the special scheme for small enterprises, input tax could be deducted as of the date of VAT registration (based on the invoice for supplies received from the date of VAT registration).
Bad debts. As of 1 January 2024, new amendments have been introduced to simplify the method of correcting a taxable person’s VAT obligation. Thus, the taxable person is able to adjust the tax base in the event of inability to recover all or part of an overdue receivable that has not been collected for more than one year, within six months calculating from the day when the right to reduce the tax base arose, if all actions of a good businessperson have been carried out.
Noneconomic activities. Input tax incurred on purchases that are used for noneconomic activities is not recoverable in Croatia.
G. Recovery of VAT by non-established businesses
Input tax incurred by non-established businesses that are not registered for VAT in Croatia is recoverable. The Croatian VAT authorities refund VAT incurred by businesses that are not established in Croatia and that are not registered for VAT in the country. Non-established businesses may claim Croatian VAT to the same extent as VAT-registered businesses.
EU businesses. For businesses established in the EU, refunds are made under the terms of the EU Directive 2008/9/EC. The VAT refund procedure under the EU Directive 2008/9 may be used only if the business did not perform any taxable supplies in Croatia during the refund period (excluding supplies covered by the reverse charge). For full details see the EU chapter.
Find below specific rules for Croatia:
• The minimum claim period is three months, and the minimum claim amount for a period of less than a year is EUR400. For an annual claim, the minimum amount is EUR50.
Non-EU businesses. For businesses established outside the EU, refunds are made under the terms of the EU 13th Directive. For full details see the EU chapter
No reciprocity conditions apply, hence refund claims are available to taxable persons established in any non-EU country.
The VAT refund procedure under the EU 13th Directive may be used only if the business did not perform any taxable supplies in Croatia during the refund period (excluding supplies covered by the reverse charge mechanism).
For non-EU businesses, the deadline for refund claims is 30 June following the calendar year in which the tax was incurred. The application must be completed in Croatian or English.
The minimum claim period is three months, and the minimum claim amount for a period of less than a year is EUR400. For an annual claim, the minimum amount is EUR50.
The tax authorities are obliged to decide whether the request is approved in full, partially or not approved within eight months of receiving the application for the VAT refund. If the request is approved, the tax authorities must pay the refund within 10 working days following the eightmonth deadline.
the statute of limitation commences, i.e., from the year following the year in which the tax return should have been filed, unless longer deadlines are prescribed by special regulations.
Electronic archiving. Electronic archiving is allowed in Croatia. Bookkeeping documentation, such as invoices, should be archived for at least 10 years starting from the last day of the year following the year to which the business records relate. The bookkeeping documents should be stored in original format (paper or electronic). Taxable persons can make electronic copies of the paper invoices, so long as the authenticity of the original invoices and the legibility and integrity of their content are kept throughout the whole storage period.
I. Returns and payment
Periodic returns. Croatian VAT returns are submitted for monthly or quarterly tax periods.
All taxable persons must submit VAT returns electronically. As an exception, VAT returns may be submitted in paper by:
• Taxable persons who are not established in Croatia, have no permanent establishment, domicile or habitual residence in Croatia and perform only occasional international road transport of passengers on the Croatian territory.
• Small taxable persons who only receive and perform services for taxable persons from third countries or pay VAT on supplies subject to reverse charge received from taxable persons not established in Croatia.
Quarterly tax periods coincide with the months of March, June, September and December. The tax period for a taxable person is determined on the basis of its turnover in the preceding calendar year.
Taxable persons with turnover up to EUR110,000 can submit quarterly tax returns if they do not perform intra-Community supplies. Taxable persons with turnover greater than EUR110,000 submit monthly tax returns.
The tax period for foreign taxable persons (non-established businesses) is always a calendar month. VAT returns must be submitted by the 20th day of the month following the accounting period. In the case of a nonworking day, the statutory deadline is the first next working day.
Periodic payments. The VAT payment for the respective tax period must be made no later than the last day of the following month. For instance: the obligation for March must be paid by the last day of April. VAT due must be paid electronically.
Payment is made via bank transfer to the bank account of State Budget of the Republic of Croatia at Croatian National Bank. A special reference number indicating that the payment relates to VAT due must be used (1201 – followed by the taxable person’s 11-digit personal identification number (OIB)).
Electronic filing. Electronic filing is mandatory in Croatia for all taxable persons. VAT returns are submitted via Croatian tax authorities’ web platform, ePorezna.
The taxable person must obtain an electronic signature for the purposes of filing VAT returns online through the web platform ePorezna. In practice, taxable persons usually appoint a thirdparty service provider to submit its VAT returns on their behalf. For this purpose, the third-party service provider needs to be authorized by the taxable person with a special power of attorney.
As an exception, VAT returns may be submitted in paper by:
• The taxable persons who are not established in Croatia, have no permanent establishment, domicile or habitual residence in Croatia and perform only occasional international road transport of passengers on the Croatian territory
border. Both options are allowed to reduce the administrative burden on businesses. For the Intrastat Dispatches report (sales), all goods must be declared according to the month of the chargeable event. Businesses that previously reported such goods according to the month of physical crossing of the Croatian border most often had discrepancies between Intrastat data and tax data. These changes are aimed at minimizing such discrepancies and to generally facilitate the completion of Intrastat forms. When no reportable transactions occur in the respective month, a “nil return” should be filed.
The deadline for submission of the Intrastat form is the 15th day of the month following the reporting period. If the 15th day of the month is a nonworking day, the deadline is the last working day before the 15th day of the month.
The Intrastat report is submitted electronically to the customs authorities by Intrastat application.
EC Sales List. All businesses registered for VAT are required to complete and submit the EC Sales List (ESL) if they do any of the following:
• Make supplies of goods to a VAT-registered customer in another EU Member State.
• Act as an intermediate supplier in triangular transactions between VAT-registered businesses in other EU Member States.
• Make supplies of services covered by the “general rule” (to which the reverse charge applies in the customer’s Member State) to a VAT-registered customer in another EU Member State.
The ESL should be filed electronically on the prescribed form by the 20th day of the month following the end of the month in which reportable events occurred. There is no requirement to submit the ESL if there were no reportable sales in the respective month.
EC Acquisitions List. All businesses registered for VAT are required to complete and submit the EC Acquisitions List if they receive supplies of goods or services from a VAT-registered supplier in another EU Member State.
The EC Acquisitions List should be filed electronically on the prescribed form by the 20th day of the month following the end of the month in which reportable events occurred. There is no requirement to file if there were no reportable supplies in the respective month.
Form PPO. Croatian taxable persons supplying goods and services for which the recipient is obliged to calculate and pay VAT in accordance with the domestic reverse-charge mechanism report those supplies on Form PPO. Examples of supplies subject to the domestic reverse-charge mechanism are construction works (repair, maintenance, alteration and demolition services related to immovable property), supply of staff engaged in construction work, supplies of used material and waste. The form is filed electronically on a quarterly basis.
A Croatian taxable person that acts as a VAT representative of a foreign taxable person involved in customs procedures 42 (exemption from VAT for import of goods that are intended for other EU Member States) and 63 (exemption from VAT for re-import of goods that are intended for other EU Member States) should file a report to the Croatian tax authorities by the 20th of the month following the reporting month and disclose the information of the foreign taxable person.
Special evidence for local purchases. Taxable persons that are registered for VAT purposes in Croatia must submit a report outlining all local taxed purchases in Croatia. These are the purchases where Croatian VAT has been incurred. The special evidence is submitted electronically with the VAT return.
Requirements for payment service providers. To prevent VAT avoidance, in particular from nonresidents operating in other EU Member States, payment service providers are required to collect certain payment information. As of 1 January 2024, payment service providers are required to keep sufficiently detailed records of payees and of cross-border payments. The cross-border
payment is reported by the payment service provider of the payee if the payee has its registered seat in the EU. If the payee has its registered seat outside the EU, the cross-border payment is reported by the payment service provider of the payer.
Correcting errors in previous returns. In the case of errors or omissions in previously filed VAT returns, corrections are made in the VAT return for the tax period in which the errors or omissions are identified. Changes resulting in the modification of the VAT liability should be reported in the period when conditions for reducing or increasing the VAT liability were met.
Digital tax administration. There are no transactional reporting requirements in Croatia.
J. Penalties
Penalties for late registration. Penalties for non-registration range from EUR260 to EUR66,360 for the company and from EUR130 to EUR6,630 for the responsible person within the company.
Penalties for late payment and filings. For late payment of VAT, the interest rate is calculated based on the average interest rate for the reference period, determined by the ECB and published on 1 January and 1 July in the Official Gazette. As of 1 July 2024, the interest for late payment of VAT is charged at an annual rate of 7.25%.
Penalties for errors. The penalties for non-registration (see above) may also apply for errors.
The late notification or failure to notify the tax authorities of changes to a taxable person’s VAT registration details may result in a penalty of up to EUR26,540 for a legal entity and up to EUR5,300 for the responsible person within the legal entity for not reporting changes to the tax authorities. For further details, see the above subsection Changes to VAT registration details
Penalties for fraud. The penalties for non-registration (see above) may also apply for fraud.
If the criminal offense of tax evasion is an amount higher than EUR2,654.46, it is punishable by a term of imprisonment ranging from six months to five years. However, if the criminal offense causes great damage, the term of imprisonment may range from 1 to 10 years.
Personal liability for company officers. A responsible person within the company can be held personally liable for errors and omissions in VAT declarations and reporting. Penalties from EUR260 to EUR2,650 may be imposed for the responsible person within the company in the case of errors and omissions in VAT declarations and reporting.
A responsible person within the company may be a company director, head of finance department or person responsible for VAT reporting. It is not always easy to determine a responsible person within the company. One of the elements that should be considered is the systematization of jobs and the employment contract, the essential content of which includes, among other things, the name of the job, i.e., the nature or type of work for which the worker is employed or a short list or job description. However, the company director still has a certain responsibility and should refer the court to the responsible person, and in that sense attach a contract, internal act or other appropriate evidence for the responsible person.
Statute of limitations. The statute of limitations in Croatia is six years. The statute of limitations for the determination of tax liabilities by the tax authorities for a particular tax period expires at the end of the sixth year following the year in which the tax liability has arisen.
The statute of limitations for collection of tax and interest commences in the year following the year in which the taxable person determined the tax liability itself or by the end of the year in which the resolution by which the tax authorities determined the tax liability and interest became enforceable.
The tax authorities can perform a tax audit within three years following the commencement of the statute of limitations. This is considered as a mandatory time limit, the expiry of which has the effect that the tax authorities cease to be entitled to commence a tax audit.
A taxable person is entitled to make voluntary corrections to its VAT returns within three years following the deadline for the submission of the VAT return. If, before the expiration of the threeyear time limit, a tax audit is initiated, the corrections to the VAT returns can be made no later than the date of the delivery of the notice on the commencement of the tax audit.