Taxation of international executives
Tax returns and compliance
Termination of residence
Economic employer approach
Types of taxable compensation
Salary earned from working abroad
Taxation of investment income and capital gains
Additional capital gains tax (CGT) issues and exceptions
General deductions from income
Tax reimbursement methods
Calculation of estimates/prepayments/withholding
General tax credits
Sample tax calculation
All income tax information is based on the Hungarian Act CXVII of 1995 on Personal Income Tax and is summarized by KPMG Tanácsadó Kft., the Hungary member firm of KPMG International.
When are tax returns due? That is, what is the tax return due date?
20 May with an extension to 20 November in specific cases.
What is the tax year-end?
What are the compliance requirements for tax returns in Hungary?
In the case of employees of a Hungarian company, tax advances are deducted at source each month by the resident employer and paid over to the tax authorities by the 12th day of the following month. Quarterly income tax advances are payable by the individual on the 12th day following each quarter’s end in respect of income received from a non-Hungarian company or where there was no tax withholding at a Hungarian company (employer or other payer).
Personal income tax returns should be filed with the local tax authority by 20 May following the end of the tax year. Filing extensions are allowed until 20 November. The tax is payable by 20 May following the end of the tax year. Various penalties and interest charges are levied in respect of non-compliance. Every individual should file a separate tax return, there is no possibility to file joint tax returns.
In case of non-residents, their income may be taxable if it is a Hungarian-sourced income (paid out locally or the income is taxable in Hungary due to local or tax treaty rules). In case of employment income taxable in Hungary of a non-resident, the income is taxable in Hungary only in proportion to the Hungarian working days.
If the Hungarian company is the payer, the company is obliged to withhold the tax advances. In other cases it is the obligation of the individual.
Similarly to residents, the income must be declared in the annual tax return.
What are the current income tax rates for residents and non-residents in Hungary?
Hungary has a flat tax rate, which is 15 percent.
For the purposes of taxation, how is an individual defined as a resident of Hungary?
According to the Hungarian Personal Income Tax Act, an individual is tax resident in Hungary if any of following criteria are met.
A Hungarian citizen automatically qualifies as a Hungarian income tax resident based on solely their Hungarian citizenship (reference is made to the first bullet point above).
Is there, a de minimus number of days rule when it comes to residency start and end date? For example, a taxpayer can’t come back to the host country/jurisdiction for more than 10 days after their assignment is over and they repatriate.
What if the assignee enters the country/territory before their assignment begins?
In terms of residency, it is the physical presence of the individual that counts. It is the actual income-earning activity that results in the taxability of income.
Are there any tax compliance requirements when leaving Hungary?
On leaving Hungary, a final tax return/final tax clearance request can be filed. In such a case, the tax authority will assess the final tax liability for the individual. We do not recommend filing such return, but rather filing the annual personal income tax return.
Additionally, the last working day in Hungary and the date of leaving Hungary should be reported to the Hungarian Tax Authority on a specific form 30 days before the end of work/leaving Hungary.
What if the assignee comes back for a trip after residency has terminated?
Taxability is connected to income-earning activity. The tax treaty reliefs should be assessed on a case-by-case basis.
Do the immigration authorities in Hungary provide information to the local taxation authorities regarding when a person enters or leaves Hungary?
The tax authority receives information on the Hungarian address. They also provide information with regard to EEA citizens to check social coverage.
Will an assignee have a filing requirement in the host country/jurisdiction after they leave the country/jurisdiction and repatriate?
Yes, if they qualify as a resident for the tax year or received Hungarian sourced income. Trailing liabilities should be monitored.
Do the taxation authorities in Hungary adopt the economic employer approach to interpreting Article 15 of the Organisation for Economic Co-operation and Development (OECD) treaty? If no, are the taxation authorities in Hungary considering the adoption of this interpretation of economic employer in the future?
Yes, for assignments starting after 1 November 2012.
Are there a de minimus number of days before the local taxation authorities will apply the economic employer approach? If yes, what is the de minimus number of days?
What categories are subject to income tax in general situations?
In general, taxable compensation includes remuneration received in-cash or in-kind. Taxable income includes, but is not limited to the following:
Intra-group statutory directors
Will a non-resident of Hungary who, as part of their employment within a group company, is also appointed as a statutory director (i.e. member of the Board of Directors in a group company situated in Hungary trigger a personal tax liability in Hungary, even though no separate director's fee/remuneration is paid for their duties as a board member?
Without Hungarian physical presence and Hungarian source income there will be no taxation.
a) Will the taxation be triggered irrespective of whether or not the board member is physically present at the board meetings in Hungary?
b) Will the answer be different if the cost directly or indirectly is charged to/allocated to the company situated in Hungary (i.e. as a general management fee where the duties rendered as a board member is included)?
c) In the case that a tax liability is triggered, how will the taxable income be determined?
By workday proration.
Are there any areas of income that are exempt from taxation in Hungary? If so, please provide a general definition of these areas.
Certain incomes are considered as tax free income in Hungary. Tax free income includes, but is not limited to the following:
The criteria of the listed compensation items’ tax free manner are various and are required to be examined on case-by-case.
Certain fringe benefits, and such values, where the income tax is payable by the payer.
There are various groups of fringe benefits with various rate of taxes.
Are there any concessions made for expatriates in Hungary?
There are no concessions available for expatriates.
Is salary earned from working abroad taxed in Hungary? If so, how?
It is not possible to exclude non-local employment income of resident employees from taxation. Resident individuals are obliged to declare their worldwide income regardless of whether their income qualifies as taxable income in Hungary. Non-resident employees should allocate income between taxable local sources and non-taxable foreign-sources. According to the general rule, the foreign income that is taxed abroad must be taken into consideration during the calculation of the tax base but it may be exempted from Hungarian taxation.
Are investment income and capital gains taxed in Hungary? If so, how?
Foreign and Hungarian-source investment incomes are subject to income tax for tax residents at the flat-tax rate of 15 percent. Capital losses under certain circumstances can be counted against the capital gains expenses associated with securities are deductible in the case of capital gains. 17.5 percent social tax is also payable on certain capital gains as long as certain incomes earned through the tax year do not reach 24 times of the Hungarian minimum wage.
Capital gains on the sale of movable property are taxed at 15 percent. The first 30,000 Hungarian forint (HUF) should not be paid from the tax liability.
Capital gains on the sale of immovable property are taxed generally at 15 percent. The tax base should be reduced by a percent in every year counting from the year of the acquisition. Real estate should be held for 5 years to be exempt from tax.
Dividends and interests are taxed at 15 percent. 17.5 percent social tax is also payable on certain dividends as long as certain incomes earned through the tax year do not reach 24 times of the Hungarian minimum wage.
Rental income is taxed as income from independent activity. Certain costs can be deducted from the revenue.
|Residency status||Taxable at:|
|Other (if applicable)||N/A||N/A||N/A|
Not taxable separately if it is relating to transactions.
Not applicable. (Please see the capital gain section on residential properties.)
In the case of income realized in a controlled capital market transaction, the capital loss of the previous 2 years can be carried forward under certain circumstances.
Gift tax is levied on individuals if they acquire movable/immovable property or valuable rights by gift. Tax rates depend on the nature of relationship between the parties and also can vary between 0 and 18 percent.
Are there additional capital gains tax (CGT) issues in Hungary? If so, please discuss?
Yes. The individual is obliged to pay a so called social tax at a rate of 17.5 percent on certain capital gains as long as certain incomes earned through the tax year do not reach 24 times of the Hungarian minimum wage.
Are there capital gains tax exceptions in Hungary? If so, please discuss?
Individuals has the right to open a so called permanent investment accounts (“Tartós Befektetési Számla”) in Hungary. Income deriving from a permanent investment account may be tax exempted under certain circumstances.
What are the general deductions from income allowed in Hungary?
Disabled person’s allowance remain in force. In addition the long term investments are supported by a tax allowance such as payments to voluntary mutual pension funds and investments on pension accounts.
Family tax base allowance is applicable. In the case of 1 child HUF66,670/child/month can be deducted from the tax base. In the case of 2 children HUF133,330/child/month, in the case of 3 or more children HUF220,000/child/month can be deducted from the tax base. The allowance is also applicable for foreign individuals if certain conditions are met.
Tax base allowance is applicable for newly married individuals as well. HUF33,335/married couples can be deducted from the tax base for a maximum period of 24 months. It is only applicable if it is the first marriage of (at least) one of the married couple concerned.
What are the tax reimbursement methods generally used by employers in Hungary?
In Hungary employers are obliged to withhold actual taxes in a monthly basis. Therefore, the balance at year-end should be zero.
However, in the case of any over-withholding, the employer has to self-revise the monthly tax return(s) concerned and claim back the amount overpaid.
If the over/under-withholding is caused by the non-compliant declaration of the employee to the employer, the employee is obliged to settle the over/underpayment in their annual tax return.
How are estimates/prepayments/withholding of tax handled in Hungary? For example, pay-as-you-earn (PAYE), pay-as-you-go (PAYG), and so on.
When are estimates/prepayments/withholding of tax due in Hungary? For example: monthly, annually, both, and so on.
If the employer is the payer, tax advance payments are made monthly by the 12th day of the following month.
In lack of a payer, the individual is obliged to pay tax advances quarterly by the 12th day of the month following the quarter.
Is there any Relief for Foreign Taxes in Hungary? For example, a foreign tax credit (FTC) system, double taxation treaties, and so on?
Where a double tax treaty exists between Hungary and another country/jurisdiction, and if the treaty permits it, Hungary can aggregate foreign-source income for tax purposes, according to domestic law. Exemption with progression applies which means that exempted income is still taken into account when determining the effective Hungarian tax rate on other income. Due to the flat rate tax regime, exemption with progression is no longer applicable. Foreign taxed income is exempted and not taken into consideration at the tax calculation for non-Hungarian resident individuals.
Where there is no double tax treaty between Hungary and the concerned foreign country/jurisdiction, the tax can be credited against Hungarian tax liability is 90 percent of the tax paid abroad but may not exceed the tax calculated with the Hungarian tax rate.
What are the general tax credits that may be claimed in Hungary? Please list below.
There are no general tax credits available.
This calculation assumes a married taxpayer resident in Hungary with two children whose 3-year assignment begins 1 January 2016 and ends 31 December 2018. The taxpayer’s base salary is 100,000 US dollars (USD) and the calculation covers 3 years.
|Moving expense reimbursement||20,000||0||20,000|
|Interest income from non-local sources||6,000||6,000||6,000|
Exchange rate used for calculation: USD1.00 = HUF250.00.
Calculation of taxable income
|Days in Hungary during year||365||365||365|
|Earned income subject to income tax|
|Net housing allowance||3,000,000||3,000,000||3,000,000|
|Moving expense reimbursement||5,000,000||0||5,000,000|
|Total earned income||41,250,000||40,500,000||41,250,000|
|Total tax base||39,250,080||38,100,000||38,449,920|
Calculation of tax liability
|Taxable income as above||39,250,080||38,100,000||38,449,920|
|Hungarian tax thereon||5,887,512||5,715,000||5,767,488|
|Domestic tax rebates (dependent spouse rebate)|
|Foreign tax credits|
|Tax on interest income (HUF1,650,000)||247,500||247,500||247,500|
|Total Hungarian tax||6,135,012||5,467,500||5,519,988|
1Certain tax authorities adopt an "economic employer" approach to interpreting Article 15 of the OECD model treaty which deals with the Dependent Services Article. In summary, this means that if an employee is assigned to work for an entity in the host country/jurisdiction for a period of less than 183 days in the fiscal year (or a calendar year of a 12-month period), the employee remains employed by the home country/territory employer but among others the employee's salary and costs are recharged to the host entity, then the host country/jurisdiction tax authority will treat the host entity as being the "economic employer" and therefore the employer for the purposes of interpreting Article 15. In this case, Article 15 relief would be denied and the employee would be subject to tax in the host country/jurisdiction.
2For example, an employee can be physically present in the country/jurisdiction for up to 60 (not determined in the Hungarian legislation) days before the tax authorities will apply the ‘economic employer’ approach.
3Sample calculation generated by KPMG Tanácsadó Kft., the Hungarian member firm of KPMG International, based on the Hungarian Act CXVII of 1995 on Personal Income Tax.
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