Companies are assessed on a calendar-year basis or on a business-year basis. The business year
may only differ from the calendar year if the Hungarian company is a fully consolidated subsidiary or
branch of a foreign parent company that uses a business year different from the calendar year.
Taxable income is based on financial statements prepared in accordance with Hungarian accounting
standards. Some items are tax deductible, such as dividends received (with the exception of dividends
from controlled foreign corporations). The taxable profit is determined by adjusting the profits shown in
the annual accounts by items specified in the Act on Corporate Income Tax.
Companies must file their corporate income tax returns and pay any balance of tax due by 31 May of
the year following the tax year concerned, or by the 150th day following the end of the business year if
different from the calendar year. Based on the actual corporate income tax liability indicated in the tax
return, the company calculates its corporate income tax advance payments for the next 12-month
period. If the base amount is more than HUF 5 million, then the advance payments are payable
monthly in 12 equal instalments, otherwise the tax advances are payable quarterly.
Companies must estimate their annual corporate income tax liability and pay the difference relative to
their advance payments by the 20th day of the last month of the current business year. If 90% of the
actual corporate income tax liability (which is finalised only five months later) exceeds the tax-advance
payments, then a 20% default penalty is levied on the difference.
Losses may be carried forward for an unlimited period of time to relieve the company’s profits.
However, when offsetting the current tax year’s positive taxable income by losses brought forward, the
earliest losses must be used first (according to the FIFO principle). Tax losses may be carried forward
from the fifth tax year only based on a request to the Tax Authority if:
• the company generated losses in one of the last two tax years or
• the company’s income does not reach 50% of the accounted costs/expenditures in the tax
year in question.
The thin capitalisation rule is even more stringent than the limitations contained in the OECD model. If
a Hungarian company or branch takes out a loan that exceeds its equity by a factor of more than three
during any given business year, the interest charged on the excess is non tax-deductible. A further
limitation is that these provisions are applicable for all loans (except for those from financial
institutions), including non-public bonds and certain notes. The provisions are also extended to
interest paid by companies in a cash pool structure.
Transfer pricing documentation has to be prepared regarding contracts between related parties to
support the market price. Simplified documentation can be prepared to support transactions having a
value of less than HUF 50 million.
The most important corporate tax base-decreasing items are as follows:
Companies are able to establish a tax-deductible reserve of up to 50% (increased from 25% from
2008) of their pre-tax profit, up to a maximum of HUF 500 million. This development reserve must then
be used for investment in tangible assets. Assets acquired using this reserve do not then qualify for
tax depreciation up to the value of the reserve used, so this is, in effect, a form of accelerated
depreciation. The reserve established must be applied within four years or repaid with default interest.
The pre-tax profit may be decreased by the research and development costs incurred during the tax
year. Companies may choose to decrease their pre-tax profit by depreciating the capitalised value of
research and development. However, this rule applies neither to research and development costs
financed by subsidies, nor to research and development services received. Under this provision, the
accounting profit may be decreased by twice the amount of the research and development cost or the
depreciation related to its capitalised value.p-up obligation (by the 20th day of the last month of the given tax year) as well as
reporting obligation.
From 2006, the former offshore companies are subject to the general corporate income tax rate of
16% as well. However, companies engaged in financing activities can benefit from an effective 8%
corporate income tax rate on this activity.