Personal income taxation is regulated by the Income Tax Act (
Zakono dohodnini - ZDoh-2, hereinafter - Law 1) and the Tax Procedure Law (
Zakon o davčnem postopku - ZDavP-2, hereinafter - Law 2). Under the general taxation system, income tax (PIT) is levied.
The procedure for paying PIT from income under an employment contract depends on three main factors:
- place of employment (on the territory of Slovenia or abroad);
- the status of the employer (whether the employer is recognized as a tax agent);
- the tax status of the employee (whether the individual receiving income is recognized as a tax resident in Slovenia).
Compensation for performing work duties in Slovenia is income from sources in Slovenia (para. 9 of Law 1). And remuneration for performing work duties outside Slovenia is income from sources outside Slovenia. At the same time, the place of performance of labor duties is determined not at the location of the employer, but at the place of work of the employee himself, taking into account the terms of his employment contract.
In addition, remuneration from employment is recognized as income from a source in Slovenia, if the corresponding expenses are taken into account in the expenses of the employer - a Slovenian organization or in the expenses of a foreign organization that is a taxpayer in Slovenia (Article 10 of Law 1).
Therefore, when working for a Slovenian employer, even if the work is actually performed outside of Slovenia, the salary received is recognized as income from a Slovenian source.
Recognition of wages as income from sources in Slovenia or income from sources outside Slovenia affects the procedure for taxation with income tax.
As a general rule, regardless of the place of employment, the Slovenian employer is recognized as a tax agent in relation to the income of employees - both tax residents and non-residents. The tax agent must calculate, withhold and pay to the budget of the PIT (Articles 123-125 of Law 1, Article 281 of Law 2).
At the same time, a foreign organization that has a branch or representative office or other subdivision subject to tax registration in Slovenia may also be recognized as a tax agent.
Procedure for declaring and paying taxThe tax period for the taxpayer is a
calendar year (Article 15 of Law 1).
As a general rule, if there is only income from employment for a Slovenian employer and if tax deductions do not apply, then the submission of a tax return by the employee is not required (Articles 123-125 of Law 1).
In Slovenia, the calculation of income tax from a salary from a Slovenian employer is carried out in 3 stages (Article 288 of Law 2):
1) employers submit declarations on the provisional calculation of tax and advance payments during the year;
2) the tax authority makes a decision on the amount of advance payments during the year, and also carries out an informative tax calculation based on the results of the year;
3) actual income and actual income tax are determined according to the data of an informative calculation of the tax authority in the absence of objections from the taxpayer (or based on the results of such objections, including when declaring tax deductions).
As a general rule, the employer must submit to the tax authority a declaration on the preliminary calculation of the taxpayer by the 15th day of the next month (Article 288 of Law 2). The tax authority decides on the amount of advance payments within 15 days from the date of submission of the declaration (Article 291 of Law 2).
The employer must transfer the withheld tax to the budget
no later than 5 days after the payment of income (Article 283 of Law 2).
The actual PIT is determined by the tax authority in an informative calculation, which must be sent to the taxpayer
no later than May 31 of the next year. At the same time, a resident taxpayer has the right to file objections to such a calculation
within 15 days after receipt by submitting an additional informative calculation, which is recognized as a taxpayer's declaration. In the event that an informative calculation has not been received from the tax authority, the taxpayer must independently submit a declaration
before July 31 (Article 267 of Law 2).
Tax calculationThe amount of income received under an employment contract is subject to reduction by the amount of
mandatory social contributions made by the employee (Article 41 of Law 1).
For the purposes of taxation of the PIT, a number of exemptions from taxation and benefits are provided, in particular (Articles 39, 44, 65 of Law 1):
- preferential meals during work, the use of places of recreation and entertainment at the expense of the employer and other similar benefits (provided that they are provided to all employees on the same terms);
- payment for additional education and training related to the activities of the employer;
- provision by the employer of parking spaces, computer and communication equipment;
- gifts worth up to €42 given in December to children of employees under the age of 15;
- insurance premiums for voluntary pension and disability insurance paid by an employer to an insurance company in Slovenia or from another EU country, but not more than 24% of insurance premiums for compulsory pension and disability insurance or € 2,390 per year (this limit is subject to annual indexation );
- reimbursement of transportation expenses for trips to and from work, as well as expenses in connection with business trips, within the established limits;
- anniversary bonus for the total length of service or for the total length of service with the last employer;
- severance pay upon termination of the employment contract, paid in accordance with the established procedure, but not more than 10 times the average salary in Slovenia;
- bonuses to employees no more than twice per calendar year, paid under the terms of a collective agreement and within the limits of the average salary in Slovenia.
In addition to tax exemptions available to both residents and non-residents, there are also deductions, the application of which depends on the tax status of the employee (resident or non-resident), which is discussed in more detail
below in the relevant section.
It also provides for a reduction in the tax base in connection with the hiring of young workers (up to 29 years old) and workers of pre-retirement age (over 55 years old) or deficit workers (according to the list of the Ministry of Labor of the country) - the tax base is reduced within 24 months by 45% of the wages of such workers. And when hiring persons under the age of 25, for whom this is the first job, the deduction is 55% of the salary of such persons (Article 61a of Law 1).
The amount of income received minus applicable tax deductions is referred to as the net tax base. The tax rate to be applied depends on the amount of the net tax base (income - for the purposes of determining the tax rate) (Article 119 of Law 1).
Income from employment is taxed at the following tax rates, regardless of the tax status of both the employee and the employer (Article 122 of Law 1):
- 16% (income up to €8,755);
- 26% (income over €8,755 up to €25,750);
- 33% (income over €25,750 up to €51,500);
- 39% (income over €51,500 up to €74,160);
- 50% (income over €74,160).
From the salary of employees in Slovenia (both residents and non-residents) social contributions are withheld, the total percentage for calculating which is
22.1%. See
below for details.
The following describes the features of the taxation of the PIT of wages, depending on the
tax status of an individual. A summary of the criteria for tax residency in Slovenia is also provided.