Company Registration in Hungary


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Uploaded on May 2, 2020

Category Business

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Company Registration in Hungary

COMPANY REGISTRATION IN HUNGARY BY- HARSHIT SHARMA IMPORTANT FACTS ABOUT HUNGARY STARTING UP IN HUNGARY  The primary act of law in Hungarian company law is Act 4 of 2006 on Business Associations (Companies Act). The procedures on founding, implementing changes in data and winding up of Hungarian associations are primarily governed by Act V of 2006 on Public Company Information, Company Registration and Winding-up Proceedings (Company Procedures Act).  Under the Companies Act, business associations may be founded by non-resident and resident natural persons, legal persons and business associations without legal personality. International treaties may contain regulations in derogation from these provisions in respect of the participation of non-residents in Hungarian business associations. AUTHORITY GOVERNING COMPANY REGISTRATION IN HUNGARY The law may require a special permit from the authority for the foundation of a business association (foundation permit), such as, for instance, companies with an interest in financing, insurance or capital market activities, which may only be founded with approval from the Hungarian Financial Supervisory Authority (PSZÁF). MAIN FEATURES FOR SETTING UP A HUNGARIAN COMPANY • Company income tax (CIT) has two rates: 10% on up to €1.8 Million of profits, and 19% on profits above. • Being a full member of the EU, dividends received from EU companies are not subject to CIT, and there is absolutely no withholding tax imposed on dividends paid by Hungarian companies to their overseas parent company • Hungary company formation is not perceived as an offshore corporate structure in a tax haven • Only one shareholder and one director is required • Corporate shareholders are permitted • Investors considering Hungary company formation can take advantage of the double taxation treaties the country has signed with other states • Details of the beneficial owner of the company are not available for public viewing • Can be fully owned and controlled by international directors and shareholders PROCESS FOR COMPANY REGISTRATION IN HUNGARY Registration Registration Data Preparation Opening of with with of Corporate Bank Hungarian Hungarian Provision on Documents Account Court of Tax Employees Registry Authority to Tax etc. Authority STEP-1: PREPARATION OF CORPORATE DOCUMENTS BY A HUNGARIAN ATTORNEY-AT-LAW STEP-2: OPENING OF BANK ACCOUNT STEP-3: REGISTERING THE COMPANY AT THE HUNGARIAN COURT OF REGISTRY AND OBTAINING A TAX IDENTIFICATION NUMBER. REQUIRED DOCUMENTS •Instrument of constitution on a standard form •Declaration to the Tax Authority to get the company a tax number •Authorizations of the legal representative (the counsel), or the certification of the right for representation •Certificate of payment of administration fees and fee of disclosure •List of members •Declaration of the CEO not to be subject to forbidding according to Gt. 23.§ Certificate of the payment service provider for depositing the contribution in cash, •Declaration of the CEO for giving free run of contribution in-kind as well as the assessment declaration of the members concerning the contribution in-kind. STEP-4: REGISTRATION WITH OTHER HUNGARIAN AUTHORITIES  Taxpayers who are required to register their company are also required at the same time to report to the state tax authority within 15 days of the submission of the company registration application with regard to information that does not appear in the application for company registration. Similarly, all taxpayers have an obligation to report to the local tax authorities, within 15 days of the commencement of activities there by the taxpayer (e.g. with regard to local business taxes).  Pursuant to the Decree Implementing the Act on Social Security Pension Provision, the obligation to provide information relating to the NYENYI (Individual Pension Insurance Record) form may also be fulfilled through electronic administration. The obligation to provide information relating to the Individual Pension Insurance Record Form may be fulfilled using the e-NYENYI service of the Central Administration of National Pension Insurance. STEP-5: DATA PROVISION ON EMPLOYEES TO THE TAX AUTHORITY Once they have registered at the Client Gateway, employers are obliged to submit electronically on the Government Portal the data stipulated by law relating to their employees, on the form drawn up for this purpose, for the competent State tax authority of first instance, by no later than the first day of the legal insurance relationship prior to commencement of employment. IMPORTANT LINKS AND FORMS FOR COMPANY REGISTRATION IN HUNGARY  Reporting the commencement of activities as a sole trader  Electronic company registration  Information on electronic company procedures  Ministry of Public Administration and Justice, and the Company information and Ele ctronic Company Registration Service  Online company information service  Advising of new and terminated employment relationships  Provision of information relating to the individual pension insurance record form  Premises license