Tax News, September 2025

In the September edition of our tax news, we inform you about the changed interpretation of the Tax Authorities regarding the investment tax relief for movable assets attached to real estate, about the significant breakthrough in EU Customs, since member states aligned on the new Union Code, about the Tobacco Taxation Directive revision proposed by the European Commission, about the new developments in the field of crypto-assets and derivatives.

INVESTMENT TAX RELIEF: FURS CHANGED ITS INTERPRETATION REGARDING MOVABLE ASSETS ATTACHED TO REAL ESTATE

In 2025, the Financial Administration of the Republic of Slovenia (FURS) published two updated versions of the document Investment Tax Relief, which introduced a significant change regarding the treatment of movable assets that are connected to immovable property.

FURS relies on Slovenian Accounting Standards (SRS 1) and professional literature for the definition of equipment, which defines equipment as “movable assets or movables (movable: an object that can change its location or position by nature; SSKJ), as opposed to land and buildings, which are immovable.” However, FURS acknowledges that the ability to change location or position (mobility) is not the only or exclusive criterion when classifying tangible assets as equipment.

FURS now explains that a movable asset connected to immovable property can be classified either as equipment or as an investment in immovable property, depending on its functionality and the permanence of its connection to the immovable property.

If the asset has an independent function but is attached to land or a building due to its design (e.g., solar panels, heat pumps, cameras, residential containers, mobile homes, tents, etc.), and its removal and reuse at another location is possible without significant cost or damage, such an asset is considered equipment. In this case, investment relief can be claimed, unless the equipment is explicitly excluded from eligibility.

However, if the asset is movable but permanently installed or otherwise connected to land or a building and complements its functionality (e.g., installations, piping, sanitary equipment, elevators, pergolas, etc.), it is considered an investment in immovable property. In such cases, investment relief cannot be claimed, as removal of the asset is generally impractical or associated with high costs or structural interventions in the property or the asset itself.

The key novelty is that certain investments previously explicitly excluded from eligibility for relief are now, under the new interpretation, subject to investment relief. These include, for example, residential containers, mobile homes, tents, heat pumps, cameras, etc.

In addition to the obvious importance of this change for the current and upcoming tax periods, it is important to emphasize that this is not a legislative change but a change in FURS’s interpretation, which applies retroactively. This means that taxpayers who in the past invested in such equipment but did not claim investment relief now have the opportunity to correct their corporate income tax returns (within the limits allowed by the Tax Procedure Act – ZDavP).

SIGNIFICANT BREAKTHROUGH IN EU CUSTOMS: MEMBER STATES ALIGN ON NEW UNION CODE

On 27June 2025, the Council of the European Union took a significant step in the reform of the EU Customs Union by adopting a negotiating mandate for a new Union Customs Code (UCC). This initiative, proposed by the European Commission on 17 May 2023, aims to modernize customs procedures, particularly in light of the growing e-commerce sector. With the European Parliament's report adopted in March 2024, the Council's mandate sets the stage for negotiations between the European Parliament and the Council on the final text of the regulation.

A central feature of the reform is the establishment of the European Customs Authority (EUCA), which will oversee the development of a new EU Customs Data Hub. This hub will revolutionize data management across Member States, allowing businesses to submit product and supply chain information through a single digital platform. This simplified approach is expected to reduce the administrative burden on operators and save Member States approximately 2 billion EUR annually while enhancing customs operations and risk management.

To address the challenges posed by the increased volume of e-commerce, the reform includes measures to improve customs supervision and hold online vendors accountable for compliance with customs regulations. This will ensure consumer protection and product safety in line with EU standards. The updated customs framework aims to promote fair competition for EU businesses, enhance consumer protection, and bolster EU legislation across various sectors. The next steps involve formal negotiations between the Council and the European Parliament to finalize the regulation before it can be implemented.

TOBACCO TAXATION DIRECTIVE REVISION PROPOSED BY THE EUROPEAN COMMISSION

The European Commission has proposed an update to the EU 's Tobacco Taxation Directive, the first significant revision since 2010, to address evolving public health challenges and market dynamics. The new directive aims to align with the EU's health and economic priorities, with a focus on reducing smoking within the EU’s population, which currently stands at 24%. The proposal includes increasing minimum EU tax rates to support the goal of a tobacco-free Europe by 2040, as well as implementing a four-year transitional period for Member States to adapt to the new excise duty rates.

The updated directive seeks to harmonize tobacco taxation across the EU, addressing the alternative approach adopted by EU Member States since the last update. It will incorporate new products such as heated tobacco and e-cigarettes, which currently account for 13% of the market value of tobacco products sold in the EU. By establishing minimum tax rates for these products, the directive aims to eliminate regulatory loopholes, promote a level playing field, and enhance public health objectives while allowing flexibility for Member States to adapt their taxation rules.

In addition to public health benefits, the revised directive is expected to generate significant revenue and savings. The updated minimum tax rates could bring an additional EUR 15 billion in tax revenue annually, while also saving an estimated EUR 6 billion in healthcare costs related to tobacco use. The proposal includes measures to better control the tobacco supply chain and combat illicit trade, which currently results in the EU losing EUR 13 billion in tax revenues each year. The legislative proposals will now be sent to the Council for agreement and to the European Parliament for consultation.

NEW DEVELOPMENTS IN THE FIELD OF CRYPTO-ASSETS AND DERIVATIVES

On 17 July 2025, the Government of the Republic of Slovenia approved the draft Act on tax on profit from disposal of crypto-assets and a draft amendment to the Act on tax on profit from disposal of derivatives. The mentioned drafts refer to taxation of natural persons.

The draft Act on tax on profit from disposal of crypto-assets stipulates that residents of Slovenia will be taxed at a flat rate of 25% on income earned from disposal of crypto-assets. The exchange of crypto-assets for Fiat currency, the purchase of goods and services, or transfer to third parties are all considered disposals. The exchange of one type of crypto-asset for another and transfers between own wallets are not considered disposals.

Tax base is the difference between the value at disposal and the value at acquisition, with losses allowed to be carried forward to subsequent tax periods. Taxpayers will calculate and pay the tax themselves, namely within 15 days after submitting the tax return to Tax authority. The taxation on the difference in value will not be applicable for crypto-assets that were acquired before the Act entered into force.

Amendment to the Act on tax on profit from disposal of derivatives introduces a flat 25% tax rate regardless of the holding period of the instrument.  As with crypto-assets, taxpayers will calculate and pay the tax themselves after submitting the tax return.

The new rules will start applying on 1 January 2026.