Adjustment of Tax Credit Used

Art. 81.

(1)

Any registered person who has fully or partially deducted as tax credit the tax charged on him for goods manufactured, purchased or acquired in another way by him to be subsequently used for the purpose of exempted supplies shall charge and pay a tax equal to the deducted tax credit.

(2)

Where a registered person who has fully or partially deducted as tax credit the tax charged on him for service obtained by him under a taxable supply subsequently uses the result of this service for effecting exempted supplies, the tax charged and paid shall be equal to the tax credit deducted for the service obtained by the registered person.

(3)

The tax under par. 1 and 2 shall be charged on the date of the exempted supply.

(4)

Any registered person who has fully deducted as tax credit the tax charged on him for goods manufactured, purchased or acquired in another way by him to be subsequently used for both taxable and exempted supplies shall charge and pay tax under terms and conditions laid down in the Regulations on the enforcement of this Law.

(5)

The provisions of par. 1 and 2 shall not apply in any of the following cases:

1. ⁷³ Transfer of a whole enterprise under Art. 15 of the Commerce Law, where the customer is a person registered under this Law or a person registered within the time limits specified in Art. 125 for the assets available as of the registration date;
2. Privatisation deals under the Law on Transformation and Privatisation of State-Owned and Municipal Enterprises, excluding those under § 10 of the Transitional and Concluding Provisions of the aforementioned Law;
3. Disposal with fixed assets by the state or municipalities within the meaning of Art. 46;
4. Gifts under Art. 49.
5. ⁷⁴ Goods and services purchased, manufactured or acquired in any other way, where the tax regime of the supplies of such goods and services by the registered person is changed by force of this Law.