FINANCIAL SERVICES TAX ACT (ZDFS)
I. GENERAL PROVISIONS
Article 1
(Content of the Act)
This Act shall regulate the system of paying the financial services tax and impose the obligation to pay
this tax.
Article 2
(Entitlement to tax)
The revenue from the financial services tax (hereinafter: "the tax") shall constitute budget revenue of
the Republic of Slovenia.
II. SUBJECT OF TAXATION
Article 3
(Subject of taxation)
The subject of taxation under this Act shall be the following services (hereinafter: "financial services"):
a) granting and negotiation of credit or loans in monetary form and the management of credit or loans
in monetary form by the person who is granting the credit or the person who is granting the loan;
b) issuing of credit guarantees or any other security for money and management of credit guarantees
by the person who is granting the credit;
c) transactions, including negotiation, concerning deposit and current or transaction accounts,
payments, transfers, debts, cheques and other negotiable instruments;
d) transactions, including negotiation, concerning currency, bank notes and coins used as legal
tender;
e) services provided by insurance brokers and agents.
III. TAXABLE PERSON
Article 4
(Taxable person)
(1) A taxable person shall be any person who provides the financial services referred to in Article 3 of
this Act in the territory of the Republic of Slovenia (hereinafter: "Slovenia").
(2) It shall be deemed that a financial service referred to in Article 3 of this Act has been provided in
the territory of Slovenia if it is provided by a person who has established his business or has a fixed
establishment from which such financial service is provided or has his usual or permanent place of
residence in the territory of Slovenia.
(3) Notwithstanding the preceding paragraph, it shall be also deemed that a financial service referred
to in Article 3 of this Act, has been provided in the territory of Slovenia if it is provided by a person who
has established his business or has a place of establishment from which the service is provided or has
or has his usual or permanent place of residence outside Slovenia, but may, in accordance with the
existing legislation, provide the financial services referred to in Article 3 of this Act in the territory of
Slovenia directly to clients or recipients of services who have established their business or have a
place of establishment or their usual or permanent place of residence in the territory of Slovenia.
IV. CHARGEABILITY OF TAX
Article 5
(Chargeability of tax)
(1) The tax shall become chargeable on the provision of a financial service.
(2) It shall be deemed that a financial service has been provided when a fee for the provision of the
service has been paid.
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V. TAX BASE
Article 6
(Tax base)
(1) The tax base shall be the fee received by a taxable person for payment of a financial service
provided.
(2) The fee referred to in the preceding paragraph shall exclude interest payable by a contractor of
services to a taxable person for the provision of the agreed financial service when such interest does
not constitute the payment of fees by a taxable person for the service provided.
VI. TAX RATE
Article 7
(Tax rate)
The tax rate shall be 6.5 per cent of the tax base.
VII. EXEMPTIONS
Article 8
(Exemptions)
The tax levied under this Act shall not be imposed on the following financial services:
1. financial services that are subject to VAT under the act governing value added tax;
2. financial services that are subject to tax under the act governing insurance contracts tax;
3. financial services provided by the Bank of Slovenia, when exercising its exclusive competence
under the act governing the Bank of Slovenia or other laws and regulations of the European Union
(hereinafter: "EU"), which lay down the exclusive competence of central banks or of the Bank of
Slovenia that fall within the European System of Central Banks;
4. financial services provided by or for the European Financial Stability Facility;
5. financial services provided by or for an international institution that is established by two or
more EU Member States and is dedicated to providing funding and financial assistance for its
members experiencing or threatened with serious financial difficulties, but only in the scope of subject
to the limitations and conditions laid down by the international treaties on establishment and
headquarters of the institution that is binding upon Slovenia;
6. financial services provided by or for the European Central Bank, the European Investment Bank
or other authorities and bodies established by the EU or the European Atomic Energy Community and
governed by the Protocol on the Privileges and Immunities of the European Union (OJ C 83,
30.3.2010, p. 266), but only subject to the limitations and conditions laid down by this Protocol,
agreements on its implementation or headquarters, and only provided that it does not cause a
distortion of competition.
7. financial services provided by or for international organisations and bodies that are recognised
as such by Slovenia, but only subject to the limitations and conditions laid down by the international
treaties establishing these organisations and bodies or by the international treaties establishing their
headquarters; and
8. financial services provided to the diplomatic and consular missions of foreign countries.
VIII. OBLIGATION TO CALCULATE AND PAY THE TAX
Article 9
(Tax period)
The tax period shall cover a period of one calendar month.
Article 10
(Tax return)
(1) Taxable persons shall calculate the tax for each tax period in which they provide financial services
that are subject to tax under this Act.
(2) Taxable persons shall submit to the tax authority a tax return that shall include all data required for
the calculation of the tax that has become chargeable.
(3) The tax return referred to in the preceding paragraph shall include the following:
– the total tax base for the financial services rendered during the tax period;
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– the tax rate applied;
– the amount of tax;
– in the case of the correction of errors from previous tax periods in the current tax return, reduction or
increase of the total tax base from previous tax periods, reduction or increase of the amount of tax
from the previous tax periods; and
– the amount of tax to be paid or refunded.
(4) Taxable persons shall submit to the tax authority a tax return for each tax period in which the tax
becomes chargeable no later than the last business day of the month following the tax period in which
the tax becomes chargeable.
(5) The minister responsible for finance shall prescribe the format and detailed content of the tax
return form and the manner of its completion.
Article 11
(Payment of the tax)
In accordance with this Act, taxable persons shall pay the tax by no later than the last business day of
the month following the tax period in which the tax becomes chargeable.
Article 12
(Accounting data and storage of documentation)
(1) Taxable persons shall provide accounting data to facilitate the correct and timely calculation of the
tax under this Act and under the act governing the tax procedure. Each taxable person shall allow the
tax authority to access the data referred to in the preceding paragraph or to submit such data to the
tax authority on request within the time limits and in the manner set out in the act governing the tax
procedure.
(2) Taxable persons shall provide for the storage of documents that are important for calculating the
tax liability under this Act until the expiry of the absolute statute of limitations affecting the right to
recover the tax to which they refer.
IX. SPECIAL PROVISION
Article 13
(Application of other regulations)
(1) The provisions of the act governing value added tax shall apply, mutatis mutandis, to the
rectification of deficiencies or irregularities from previous tax periods in the current tax return and the
subsequent submission of the tax return after the expiry of the prescribed time limit and to the
submission of tax returns in winding-up, compulsory composition and bankruptcy proceedings for a
taxable person and upon the death of a taxable person.
(2) With regard to any question concerning the procedure and jurisdiction of the tax authority not
governed by this Act, the provisions of the law governing the tax procedure and the provisions of the
law governing the tax administration shall apply.
Article 14
(Supervisory competencies)
In accordance with this Act, control over the accuracy and timeliness of tax calculation and payment
shall be the responsibility of the Tax Administration of the Republic of Slovenia.
X. PENAL PROVISIONS
Article 15
(Offences)
(1) A penalty of between EUR 1,200 and EUR 41,000 shall be imposed on a taxable person who
is a legal entity if that person:
– fails to calculate tax or calculates tax contrary to the provisions of this Act (paragraph (1) of
Article 10);
– fails to submit a tax return to the tax authority within the prescribed time limits and in the
prescribed manner (paragraphs (2), (3) and (4) of Article 10);
– fails to pay tax or fails to pay tax within the prescribed time limits and in the required manner
(Article 11);
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– fails to keep data and documentation in accordance with the provisions of this Act (Article 123);
and
– fails to allow the tax authority to access data or fails to submit data to the tax authority on
request (Article 12).
(2) A penalty of between EUR 200 and EUR 4,100 shall be imposed on a taxable person who is a
sole trader for committing an offence referred to in the preceding paragraph.
(3) A penalty of between EUR 200 and EUR 4,100 shall also be imposed on the responsible
person of the taxable person who is a legal entity or a sole trader for an offence referred to in
paragraph (1) of this Article.
(4) Notwithstanding the provisions of paragraph (1) of this Article, no penalty shall be imposed for
an offence on the taxable person and the responsible person if the taxable person has rectified the
deficiencies or irregularities from previous tax periods in accordance with the act governing value
added tax.
XI. TRANSITIONAL AND FINAL PROVISION
Article 16
(Implementing regulation)
The minister shall issue a regulation referred to in Article 10 of this Act within 30 days of the effective
date of this Act.
Article 17
(First tax return)
In accordance with this Act, taxable persons shall calculate the tax for the first time for the third month
following the month in which this Act comes into force.
Article 18
(Entry into force)
This Act shall enter into force on the fifteenth day following its publication in Uradni list Republike
Slovenije (Official Gazette of the Republic of Slovenia).
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