Whispering Tree Buiness Consultancy Office

address: H-1143
1143 Budapest,
Buda Szobránc u. 15/A. AS.2. Hungary
web: www.whisperingtree.hu/EN
www.whisperingtree.hu
e-mail: [email protected] |mobile: +36 20 548 4103

A COMPLETE GUIDE TO

DOING BUSINESS
IN HUNGARY
2018
EVERYTHING YOU NEED TO KNOW
A FREE E-BOOK
BOOK

#BUSINESS STARTUP, #TAXATION,

#TAXATION,
#SOCIAL INSURANCE,
INSURANCE, #ACCOUNTING
1
TALE OF CONTENTS

1 INTRODUCTION 3
1.1 About Hungary 3
2 STARTING AN ENTERPRISE IN HUNGARY 4
2.1 Legal form of Hungarian enterprises 4
2.2 Difference between a legal and a non-legal person 4
2.3 About Hungarian private enterprise 4
2.4 About Hungarian Business Partnerships (KKT and BT.) 5
2.5 About Hungarian Limited Liability Company (KFT.) 5
2.6 Comparison of legal forms of Hungarian businesses 6
2.7 Documents needed for Hungarian company registration 8
2.8 Setting up a Hungarian company by authorization 8
2.9 What is an apostille and where you can obtain one? 8
2.10 Opening bank accounts 8
2.11 Opening electronic company portal 9
2.12 Formation of a Hungarian company: step-by-step guide 10
2.13 Company startup document checklist 10
3 TAXATION IN HUNGARY 12
3.1 General overview 12
3.2 Income taxes 12
3.3 Social security taxes 14
3.4 Other taxes 14
3.5 Summary of the major taxes, rates and corresponding deadlines in Hungary 15
4 SOCIAL SECURITY IN HUNGARY 17
4.1 General overview 17
4.2 Minimal salary (2018) 17
4.3 Taxes attached to social insurance and employment (2018) 18
4.4 How much social insurance an entrepreneur has to pay in Hungary? (2018) 19
4.5 Benefits from social security 19
5 ACCOUNTING IN HUNGARY 20
5.1 Common regulations 20
5.2 Private enterprises 20
5.3 Companies 20
5.4 Financial audit 20
6 FAQ 21
7 CONTACT 22

2
1 INTRODUCTION
1.1 About Hungary

Hungary is republic situated in Central-Europe. It is an EU member country since 2004.

Area: 93.030 sqkm
Population: 9.845k (2015)
Form of government: Republic (democracy)
Capital city: Budapest
GDP: 120.7 billion USD (2015)
Climate: Continental, moderate
Last election held: 2018
Next elections: 2022
Leading political party FIDESZ
Prime minister: Viktor Orbán
President of State: János Áder
Official currency Hungarian forint (HUF)
Measurement system: Metric
Time zone: UTC +1

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2 STARTING AN ENTERPRISE IN
HUNGARY
2.1 Legal form of Hungarian enterprises

There are three major types of businesses in Hungary:

1. Private enterprise and private company
2. Company
3. Branch office
Private enterprise and private company are non-legal persons. Legally, those are considered natural
persons.
Every company is a legal person.
A branch office may be established by a foreign parent company and is considered a non-legal
person. Branch office, legally, may not be separated from its parent company: its transactions are
part of the business activity of the parent company.

2.2 Difference between a legal and a non-legal person

Legal persons may have rights and obligation under their own name, while non-legal persons cannot.
There must be always a legal or a natural person behind a non-legal person. E.g. a private enterprise
legally is the same person as the individual who established it.

2.3 About Hungarian private enterprise

2.3.1 Basics
Legal or non-legal person Non-legal person
Minimum share capital There is no capital for a private enterprise
Way of establishment Electronically through customer gate
Possible taxation method of profit Personal income tax, KATA, KIVA
Minimum number of owners N/A
Financial liability of the owner Unlimited
Maximum income, number of
Not limited
employees

2.3.2 Who can start a private enterprise?

Private enterprise may be formed by:
• Hungarian citizens
• EU citizens

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 • Non-EU citizens if they have a permanent residence permit or a residence permit with the
following reasons: studying, gainful activity, unifying family.

2.4 About Hungarian Business Partnerships (KKT and BT.)

2.4.1 Basics
Legal or non-legal person Legal person
Minimum share capital No minimal capital
Way of establishment Electronically through a lawyer or public notary
Possible taxation method of profit Corporate income tax, KATA, KIVA
Minimum number of owners 2
Kkt: unlimited for every owner
Financial liability of the owner
Bt-s: unlimited for at least 1 owner
Maximum income, number of
Not limited
employees

2.4.2 Who can form a Hungarian Business Parntership?

Almost anybody which means: local, EU and non-EU citizens and local or foreign registered legal
persons.
•

2.5 About Hungarian Limited Liability Company (KFT.)

2.5.1 Basics
Legal or non-legal person Legal person
Minimum share capital 3.000.000.-HUF
Way of establishment Electronically through a lawyer or public notary
Possible taxation method of profit Corporate income tax, KIVA
Minimum number of owners 1
Financial liability of the owner Limited
Maximum income, number of
Not limited
employees

2.5.2 Who can form a Hungarian Limited Liability Company?

Almost anybody which means: local, EU and non-EU citizens and local or foreign registered legal
persons.

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2.6 Comparison of legal forms of Hungarian businesses

The following properties should be taken into account in the comparison of the legal formats of
Hungarian enterprises:
• Legal or non-legal person (as described above)
• Registration process: whether a lawyer and court registration is needed or not
• Minimal capital: what is the minimum amount that should be paid as registered capital
• Number of owners: how many owners the company may have
• Financial liability: is there a limited or unlimited financial liability behind the enterprise
• Taxation system: what taxation methods the business may apply

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The table below is a short summary of the comparison of the Hungarian business formats.
Business type
Legal or
Registration Minimal Number Financial
non-legal Taxation system
process capital of owners liability
person

Private income
Electronic tax (SZJA)
Private Natural registration, no Small taxpayers’
N/A 1 Unlimited
enterprise person lawyer and tax (KATA)
court is needed Small enterprise
tax (KIVA)
Private income
Electronic tax (SZJA)
Natural registration, no Unlimited Small taxpayers’
Private company N/A 1
person lawyer and or limited tax (KATA)
court is needed Small enterprise
tax (KIVA)
Unlimited
for at least
Corporate
1 owner,
Lawyer and income tax (TAO)
Business limited the
Legal court Small taxpayers’
partnership (Kkt. N/A min. 2. others. In
person registration is tax (KATA)
and Bt.) case of Kkt.:
need Small enterprise
unlimited
tax (KIVA)
for
everyone
Lawyer and Corporate
Limited for
Limited company Legal court 3.000.000 income tax (TAO)
min. 1 all the
(Kft.) person registration is HUF Small enterprise
owners
need tax (KIVA)
Lawyer and Corporate
Limited for
Private limited Legal court 5.000.000 income tax (TAO)
min. 1 all the
company (Zrt.) person registration is HUF Small enterprise
owners
need tax (KIVA)
Lawyer and Public
Limited for
Public limited Legal court 20.000.000 shares Corporate
all the
company (Nyrt.) person registration is HUF should be income tax (TAO)
owners
need issued
Lawyer and
Non- Ownership Parent
court Corporate
Branch office legal N/A is not company is
registration is income tax (TAO)
person applicable liable
need

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2.7 Documents needed for Hungarian company registration

Documents needed by private persons (i.e. owner of the Hungarian company will be a private person
or more private persons):
• Valid passport
• Proof of Hungarian temporary or permanent address (Hungarian address card) OR
proof of address is home country (e.g. bank statement, address card or the like). A
private enterprise requires a valid Hungarian address card.
• Hungarian personal tax number (free of charge, application may be done personally in
Hungary or by proxy)
• Hungarian social security number for the general manager(s) and employee(s) of the
company. A private entrepreneur requires a local social security number.
Documents needed by legal-persons or companies (i.e. the owner of the Hungarian business will be
a foreign company or other legal person):
• Copy of company register or other proof of incorporation with an apostille that certifies the
validity of the do cument
• Official Hungarian translation of the above mentioned document
• Valid passport of the representative of the legal person
• Proof of Hungarian temporary or permanent address (Hungarian address card) OR proof of
address is home country (e.g. bank statement, address card or the like)
• Hungarian personal tax number (free of charge, application may be done personally in
Hungary or by proxy)

2.8 Setting up a Hungarian company by authorization

It is possible to set up a Hungarian company by authorization (i.e. our company will sign on the
behalf of our client), however, an apostilled authorization (power of attorney = PoA) is required
during the procedure. The authorization will be prepared and handled by us.
What you will need to do is to get the PoA signed and apostilled.

2.9 What is an apostille and where you can obtain one?

Apostille is an internationally accepted proof issued by a certified lawyer of public notary or by the
Hungarian Embassy. It testifies the validity of the documents that are signed. It is officially required
for some documents by the Hungarian Court.

2.10 Opening bank accounts

One may open several private and/or corporate bank accounts. The general practice is that there is
no initial deposit needed. Credit cards are not popular in Hungary, rather debit cards are used. A

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debit card may be obtained at the time of the bank account opening, although, it usually takes two
weeks to be prepared.
Please note, that Hungarian businesses need to open at least one domestic Hungarian forint bank
account.
Companies may have foreign currency domestic and foreign bank accounts also. The domestic
account are automatically reported to the authorities by the banks. Foreign ones should be reported
to the authorities manually.
Bank accounts may be opened personally by the general manager or by proxy (power of
authorization).

2.11 Opening electronic company portal

From 2018, electronic company portal is mandatory to open and maintain. The state will use this to
communicate with the company.
We will open this for you in order to comply with the regulations.

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2.12 Formation of a Hungarian company: step-by-step guide

2.13 Company startup document checklist

Description Check
Documents for private person owner(s) and general manager(s)
Valid passport OR a valid ID card (EU citizens only)
Proof of home address (e.g. bank statement, address card – official translation
may be required also in some cases)
T34 form and Hungarian personal tax number certificate (will be obtained in
Hungary in person or by authorization in advance of company registration)
Documents for legal entity owner(s)

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 Description Check
Company register certificate/extract with an apostille
Official translation of the above document (will be obtained in Hungary)
Founding documents (countersigned by lawyer OR apostilled and sent to the court)
Assignment of delivery for each of the owners and general manager who do NOT
have a Hungarian address
Declaration of acceptance of the position of general manager
Declaration of usage of seat
Declaration of payment of registered capital
List of shareholders
Specimen of signature for general manager(s)
Founder’s resolution
Articles of incorporation
Authorization of company registration, personal tax ID registration, bank account
opening, mandatory registrations and company portal opening (if done by that
way)
Internal documents (mandatory but not sent to the court)
Authorization for opening bank accounts and obtaining debit cards (if necessary)
Authorization for tax offices (required to post any tax declaration)
Short description of the case (Chamber of Lawyers’ standard)
Assignment for the lawyer (power of attorney) to register the company
Identification datasheet (required by Hungarian legislation since anti-terrorism
and anti-money-laundering legislations have been introduced)
Local and international criminal record and ID document validity query
(mandatory)

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3 TAXATION IN HUNGARY
3.1 General overview

The following section is an overview of the Hungarian taxation system for newcomers. Hungarian
taxes may be classified in four major groups:
• Income taxes
• Value added tax
• Social security taxes
• Other taxes

3.2 Income taxes

3.2.1 Personal income tax (Személyi jövedelemadó SZJA)

Personal income tax may be applied to earnings generated by private persons in Hungary. The rate of
this tax is fixed 15% (in 2018).
The basis of the personal tax is the earnings that are realized during the tax year (i.e. calendar year
by default).
Earnings = Incomes - Expenses accepted by personal income tax law
To what earnings the personal income tax may be applied?
• Wages, salary
• Regular commissions
• Profit generated by private enterprise
• Earnings generated by selling properties (land, building) or other possessions (car, furniture
etc.)
• Dividends, interest
• Capital earnings (exchange rate gains)

3.2.2 Corporate income tax (Társasági adó - TAO)

Corporate income tax may be applied to companies that not decided to use special taxation systems
like KATA or KIVA.
The rough calculation of corporate income tax basis is the following:
Taxable profit = Earnings before taxes +/- Corporate income tax modifiers
The rate of the corporate income tax is 9%.

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There is a so-called minimum tax basis. It should be applied after the first tax year of the company.
The essence of this system is that if the actual tax basis does not reach a certain level, 2% of all the
incomes should be considered as minimum tax basis.

3.2.3 Small taxpayers’ tax (KATA) – a wonderful tax!

May be applied by private enterprises, private companies and business partnerships (Kkt., Bt.). It is a
fixed fee in every month. It includes all the income taxes, the social security taxes plus the dividend
tax.
The fixed tax is only 50.000.-HUF/month. The rest may be used for private spending. The limit for
this tax is 12.000.000.-HUF yearly income (in 2018). Above the limit, 40% additional tax should be
based on the difference.
It a very popular and convenient taxation form. For private enterprises and small companies, this
might be the best choice.

3.2.4 Small enterprise tax (Kisvállalati adó - KIVA)

KIVA is a simplified taxation system may be applied by several businesses (please refer to enterprise
legal format section). The basic rate is 16%, however, the calculation of the basis is quite
sophisticated. It includes the income tax and the social security contribution tax. It may carry benefits
for some of the enterprises compared to the corporate income tax system.

3.2.5 Local turnover tax (Helyi iparűzési adó)

Local turnover tax should be paid to the local government where the enterprise has its seat address
or operates a business property. If several local areas are affected, the local turnover tax should be
split.
The actual rate of the local turnover tax is determined by the local governments. The maximum rate
is that may be applied is 2%.
Basis of the local turnover tax = Revenue – Costs of materials – Costs of goods sold – Cost of services
sold

3.2.6 Value added tax (Általános forgalmi adó - ÁFA)

Value added tax work very similar to other countries. Basically, it should be paid on local
consumption. There are three VAT rates in Hungary: 27%, 18% and 5%.
The essence of the system is that VAT paid on purchases may be deducted from the VAT that should
be paid on sales. The difference should be paid to the government.
The system is complicated and contains strict regulations, especially the rules applied to invoicing.
Under 8 million forint of yearly turnover, the enterprise may choose a VAT free status. This means
that the business should not pay and deduct VAT. In addition, VAT returns should not be posted.
Cash accounting VAT method may also be applied upon choice under 125 million forint of yearly
turnover. Cash accounting means that the VAT should be paid and deducted when the value of the
invoice is actually paid. This system may be beneficial if the buyers pay later.
There are three VAT declaration frequencies in Hungary. Reclaim limits are also connected to VAT
frequencies:

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 • Monthly – 1 million forint
• Quarterly – 250 million forint
• Yearly – no reclaim limit
EU tax number should be registered if the business plan to manage EU transactions (i.e. buying and
selling from and to other EU countries). EU transactions should be reported to the government.

3.3 Social security taxes

Hungary introduced the public social security system. That means every insured resident should pay
a certain amount of contribution. In return, he will be part of the government social insurance
system. What is included in public social security in Hungary?
• Retirement
• Healthcare and health benefits
• Unemployment benefit
Please refer to section named Social Security in Hungary

3.4 Other taxes

3.4.1 Business car tax

Business car tax is paid on the personal cars owned by the company or on private owned personal
cars, if the company accounts any costs. Business car tax should not be paid on lorries and trucks and
on other non-personal vehicles.
Business car tax only depends on the performance and environmental class of the car. The higher the
performance of the car is and the less emission the car has, the lower the tax is.

3.4.2 Local car tax

Local car tax is determined by and should be paid to the local government. It depends on the
performance and age of the car.

3.4.3 Tourist tax

Tourist tax should be paid to the local government by those who carry out short-term
accommodation businesses activities (e.g. booking.com, rnb.com). It is either a fixed amount and
based on the nights that are spent by the tourists or a certain percentage of the overall
accommodation fee.

3.4.4 Business phone and representation tax

If a company books phone costs, there is tax that should be paid on the costs. 20% of the gross
telephone spending should be considered as private spending and is taxed by the state. The taxation
is done through the personal income tax system.

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The same is true for representation and business gift expenses: those items are taxed through the
personal income tax system.

3.4.5 Excise duty

Excise duty should be paid on certain products (tobacco, alcohol and petrol) by manufacturers,
wholesalers. It is a very complicated and strict tax system which requires the employment of
professionals.

3.4.6 Environmental tax

Environmental tax should be paid on packaging materials (paper, iron, glass, plastic) by the
wholesaler or the manufacturer of the product. Most of the enterprises may meet this tax as a
separate item in the invoice which raises the purchasing price of the packaging material.

3.5 Summary of the major taxes, rates and corresponding deadlines in

Hungary

Tax subject (Who Tax form nr. and

Tax name Tax rate Due date
pays it?) frequency of report
Corporate income tax Companies 9% 29 – Yearly 31st May
Small taxpayers tax Bt and Private 50.000.-
KATA – Yearly 25th February
(KATA) enterprises HUF/month
Every business,
20th day after
sometimes 65,A60 – Monthly,
Value added tax (VAT) 27% month or
private persons quarterly or yearly
quater
also
Personal income tax
Private persons 15% 53 – Yearly 20th May
(SZJA)
Depends on
the
Local turnover tax
Every business settlement, HIPA – Yearly 31st May
(HIPA)
average is
2%
Chamber of commerce 5.000.- Yearly, no form
Every business 31st March
contribution HUF/year required
Private persons if
they withdraw 15% + 14% =
Dividend tax 53 – Yearly 25th February
dividend form a 29%
company
Private
Private enterprise tax 15% 53 – Yearly 25th February
enterprises
Private enterprise Private 15% + 14% =
53 – Yearly 25th February
dividend tax enterprises 29%

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 Tax subject (Who Tax form nr. and
Tax name Tax rate Due date
pays it?) frequency of report
Excise duty on
Everybody 4% B4000 – Occasionally -
properties bought
Depends on
Excise duty on car
Everybody engine -
purchased
volume
See section
social
12th day after
Social security Every employer security. It 08
each month
included
several taxes

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4 SOCIAL SECURITY IN HUNGARY
4.1 General overview

Social security system includes the following services:

• Retirement
• Healthcare and health benefits
• Unemployment benefit
In order to have social security in Hungary, a so-called insurance relationship is needed. When is
somebody considered as an insured person? The most important and common cases are the
followings:
• Employment under work contract (including general manager if carried out as employee)
• Assignment contract if the regular fee exceeds 30% of minimal wage
• If any of the private person owners of a company acts also as a general manager
• Self employed entrepreneur – if not carried out under work contract or as general manager
• Private entrepreneur - if not under KATA system
• Health insurance based on mutual agreement with the Hungarian Health Institute (OEP)

4.2 Minimal salary (2018)

In Hungary, the system of minimal salary is introduced. This is the basis of the social security taxes
and the minimal salary that employers have to pay for their employees.
Minimal wage is determined and revised every year by the government. It depends on the level of
education and it is always calculated for 40 hours/week of employment.

Level of education Minimal wage (40 workhours/week)

Primary school or below 138.000 HUF
Secondary school or above 180.500 HUF

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4.3 Taxes attached to social insurance and employment (2018)

Tax Percentage Base Who pays it?

Social contribution tax 19,5% Salary but not less than the
Training contribution 1,5% minimal salary Employer
Taxes paid on salary 21%
Retirement fund 10%
Salary but not less than the
Health fund 7%
minimal salary
Unemployment fund 1,5% Employee
Personal income tax 15% Effective payment
Taxes deducted from salary 33,5%
TOTAL 54,5%

When someone DOES NOT have to pay public insurance?

• Having a certified insurance in another EU country for any reasons (not applicable, if the
persons is applying for Hungarian residency, since that will require Hungarian social security
and will terminate any other insurances)
• Having a Hungarian work contract with at least 36 workhours a week
• Having another insurance as an entrepreneur where all the minimums are paid
• Having a certified social security in the home country if Hungary and home country have a
mutual agreement on social cooperation and that law accepts foreign insurance in Hungary
(it is very rare in practice)
• The insured one is a retired person (in this case, health service contribution should be paid
which is a fixed and low fee)

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4.4 How much social insurance an entrepreneur has to pay in Hungary?
(2018)

Social insurance depends on the legal relationship between the enterprise and the employed person.
Self-employment,
private Work Contract
Work Contract
entrepreneur, with secondary
with primary
general manager school or higher
school
Tax title Percentage who is owner at the degree
same time
Minimal Minimal
Minimal
tax Tax Tax tax Tax
tax basis
basis basis
Social contribution
19,5% 155.250 30.274 138.000 28.050 180.500 35.198
tax
Training contribution 1,5% 138.000 2.070 138.000 1.913 180.500 2.708
Taxes paid on salary 21% - 32.344 - 29.963 - 37.906
Retirement fund 10% 138.000 13.800 138.000 12.750 180.500 18.050
Health fund 7% 207.000 14.490 138.000 8.925 180.500 12.635
Unemployment fund 1,5% 207.000 3.105 138.000 1.913 180.500 2.708
Personal income tax 15% 138.000 20.700 138.000 19.125 180.500 27.075
Taxes deducted from
33,5% - 52.095 - 42.713 - 60.468
salary
TOTAL 54,5% - 84.439 - 72.676 - 98.374

4.5 Benefits from social security

There are some benefits that the employer may deduct from social security tax.
Examples are: employees under the age 25 or above the age 55; mothers on maturity leave, public
employment; employment of disabled persons; employment of people with low education;
employment of permanently unemployed people.

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5 ACCOUNTING IN HUNGARY
From accounting perspective, one may distinguish 2 major groups:
• Private enterprises
• Companies

5.1 Common regulations

Both private enterprises and companies should keep the same records about VAT (ÁFA) if they did
not choose to apply the VAT-free system.
Payroll and taxes attached requires every business to apply the same regulations.

5.2 Private enterprises

Private enterprises are not subject to accounting law, while companies are.
Private enterprises maintain their records according to the personal income tax regulations. If private
enterprise is under the KATA system, it should only keep its outgoing invoices and submit 1 tax
declaration in each year.
Private enterprises use the single entry bookkeeping method.

5.3 Companies

Companies fall under the regulations of accounting law. They should prepare yearly financial
statements and corporate income tax returns.
If a business partnership (Bt.) applies the KATA rules, it should not prepare financial statements.
Limited companies (Kft.) in Hungary should always post their financial statements. This is done
electronically.
Companies apply the double entry bookkeeping method.

5.4 Financial audit

External financial audit is mandatory in Hungary, if the yearly turnover of the company exceeds 300
million HUF in two oncoming years.
Private enterprises are not obliged to perform an external financial audit.

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6 FAQ
Q: How much does it cost to establish a company in Hungary
A: We offer discounted packages for company registration, official seat, taxation, accounting and
residency permit. Please check out our website for our latest prices at www.whisperingtree.hu/EN

Q: How long does it take to open a company?

A: If all the documents are prepared, usually it will take from 2 days up to 2 week, depending on the
Hungarian Court. Please note that for non-Hungarians, it will take a little bit longer.

Q: Shall I come to Hungary or can I establish my business from abroad?

A: The Hungarian Court and banks accept a properly apostilled authorization. So, the presence of the
Client is not mandatory.

Q: Shall I deposit the minimum registered capital to a bank account?

A: Not at all. The declaration of the general manager is needed only that states the recieival of the
capital as petty cash.

Q: Does a Hungarian business mean automatic residency?

A: No. Residency should be obtained separately but based on the company and the business activity.

Q: Is there a minimum deposit before opening a Hungarian bank account?

A: In Hungary, no minimum deposit is needed to open any bank account. However, it is advisable to
deposit some money to cover the maintenance costs of the account.

Q: How can I avoid minimum social security tax?

A: If you are an EU citizen and you have social security in another EU member country, all you have
to prove is that fact (form E101). If you are coming from a non-EU country, the person of the general
manager and the owner should be separated.

Q: I am coming from a EU country. Can I establish a private enterprise?

A: Yes, you can without restrictions.

Q: I am coming from a non-EU country. Can I establish a private enterprise?

A: First, you will need a residency permit with the following reasons: studying, unifying family, gainful
activity.

Q: I am studying here. Can I open a private enterprise or a company?

A: Yes. You can establish both independently from your citizenship.

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7 CONTACT
If you have any further questions, please feel free to contact us.

Web: www.whisperingtree.hu/EN
e-mail: [email protected]; [email protected]
Mobile/Viber: +36 20 548 4103
Address: 1143 Budapest, Szobránc u. 15/A. AS.2., Hungary
Office hours: Monday-Friday from 9 a.m. till 5 p.m. (9-17)

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www.whisperingtree.hu
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