Taxable persons are liable to calculate and pay the corporate income tax (hereinafter: CIT) pursuant to the Corporate Income Tax Act (ZDDPO-2) and according to the self-taxation principle on the basis of a tax return that is generally drawn up for each calendar year. Taxpayers may inform the tax authority that their tax period corresponds to their financial year, which differs from the calendar year, where the tax period does not exceed a period of 12 months.
Persons liable to submit a CIT return are legal persons governed by domestic or foreign law who are:
A CIT return must also be submitted by taxable persons established to perform a non-profit activity (such as institutes, societies, foundations, religious communities, political parties, chambers, representative trade unions, etc.) even when their total income is earned from non-profit activities.
A CIT return must be submitted on electronic form through the eDavki portal.
Taxable persons must submit their CIT returns for the previous calendar year within no later than three months after the end of each calendar year (i.e. by 31 March at the latest) or within three months of the end of the financial year for the previous financial year if their tax period coincides with a financial year that is different from the calendar year and if they notified the tax authority thereof. In the case of transition of the tax period from the calendar year or vice versa, taxable persons must also file their tax returns for the previous period (which is shorter than 12 months) within three months following this transitional period.
Specific features relating to the drawing up and filing CIT returns also apply to taxable persons undergoing a change of their legal form or for whom compulsory settlement proceedings are being initiated or to taxable persons against whom insolvency proceedings (bankruptcy, liquidation) are initiated or who wind up their operations. Statutory deadlines for submitting a tax return in the aforementioned cases vary and are generally shorter than three months following the end of the period for which the tax return is made.
Taxable persons wishing to change the method of determining their tax base after 1 January of the current year should include in the general information of their CIT returns for the previous calendar year filed by 31 March of the current year the following:
A return is a calculation of the amount of tax due, less prepayments that were calculated and paid for the return period. Taxable persons must pay the difference to the full amount of tax within 30 days of filing the return. If the amount of prepayments effected during the return period is higher than the amount of tax due under the return, taxable persons will be refunded the excess tax prepayment (or the excess prepayment will be offset against the tax debt) within 30 days of the tax return date.
The submission of a new tax return entails a change in prepayment amounts for the current period, which also entails a change in prepayments already made in the current period on the basis of the preliminary tax return (prepayments for January and February). In the case of higher prepayment amounts under the new tax return, taxable persons must pay the difference to the full prepayment amount with the first next prepayment (e.g. if the tax return for the previous calendar year was filed in March, taxable persons must pay the difference for the prepayment for January and February when making a (new) prepayment for March, i.e. by 10 April). If according to the new tax return the amount of tax prepayments is lower, the excess prepayment amounts will be refunded (or offset against any tax debt) within 30 days of the date of submission of a new tax return.
The corporate income tax must be paid to the state budget through the transitional tax account, i.e. state budget account no. SI56011008881000030, payment reference code SI19 DŠ-80004.
If for justifiable (unpredictable and inevitable) reasons a taxable person cannot submit a tax return within the prescribed period, the tax authority may, upon the taxable person's request, allow the tax return to be filed after the expiry of the prescribed time limit. Taxable persons must state justifiable reasons for the delay in their request. Taxable persons must submit their request within eight days from the day on which the reason for delay ceased to exist, but no later than within three months of the date of expiry of the time limit for submitting the tax return. A tax return filed in this way is deemed to be filed on time.
The Financial Administration receives more than 100,000 CIT returns each year. The total annual income of all legal persons shown in CIT returns exceeds EUR 100 billion.