When Is Registration Required
Scenario 1: Hired Employees Only (Ancillary Activity)
The foreign employer hires a person who resides in Bulgaria and works remotely — from their home or a shared workspace. The company has no fixed place of business (office, workshop, warehouse) in Bulgaria, does not hold in-person client meetings and does not generate direct revenue from activity in the country.
In this case, registration as a social security insurer with the NRA is sufficient — without the need for a branch or subsidiary.
Scenario 2: Business Activity (Branch or Subsidiary Required)
If the foreign company has a fixed place of business in Bulgaria, holds client meetings, generates revenue and incurs expenses, and conducts commercial activity — it must register either:
- A branch of a foreign legal entity — entered in the Commercial Register.
- A subsidiary (EOOD or OOD) — an independent legal entity incorporated under Bulgarian law.
The distinction is material, as the existence of a permanent establishment (PE) within the meaning of CITA and the TSSPC subjects the foreign company to corporate income tax in Bulgaria.
Legal Framework
EU Regulations
Regulation (EC) No. 883/2004 establishes the core principle: a person pursuing an activity as an employed person in a Member State is subject to the legislation of that state (Art. 11). Accordingly, for an employee working on Bulgarian territory, Bulgarian social security legislation applies.
Regulation (EC) No. 987/2009 (the implementing regulation) adds in Art. 21 that an employer whose registered office is outside the competent Member State fulfils all obligations arising from the applicable legislation — “as if its registered office were in the competent Member State”.
National Legislation
- Labour Code (LC) — governs the employment contract, NRA notification (Art. 62), working hours, leave and termination.
- Social Security Code (SSC) — establishes social security contributions, insurer obligations, pension and health insurance.
- Health Insurance Act (HIA) — health insurance contributions.
- Personal Income Tax Act (PITA) — taxation of employment income.
- Tax and Social Security Procedure Code (TSSPC) — governs the issuance of service numbers.
- Ordinance No. H-13/2019 — on the submission of data by employers regarding insured persons.
Step-by-Step Procedure
Step 1: Prepare the Foreign Company’s Documents
The foreign employer must prepare the following documents:
Certificate of good standing of the foreign legal entity, issued by the competent authorities in the country of registration. The document must be apostilled (for states party to the Hague Convention) and accompanied by a certified translation into Bulgarian.
Tax registration certificate — the company’s tax identification number in the country of its registered office. Also apostilled.
VAT registration certificate (if applicable) — the company’s VAT number. Also apostilled.
Step 2: Enter into an Employment Contract
The employment contract is concluded in accordance with Bulgarian law (Labour Code). It must contain all mandatory elements under Art. 66 LC:
- Details of the parties (employer and employee).
- Place of work.
- Job title and nature of the work.
- Date of conclusion and commencement of performance.
- Term (if fixed-term).
- Amount of basic and additional remuneration.
- Length of the working day and week.
- Amount of paid annual leave.
- Notice period for termination.
Remuneration must be stated in Bulgarian leva (or in euro — with provision for conversion) and may not be lower than the national minimum wage.
Step 3: Register with the NRA and Obtain a Service Number
Within 3 working days of concluding the employment contract, the employer is required to file a notification to the NRA under Art. 62(3) LC.
The NRA officials verify the submission and issue a service number to the foreign employer under Art. 82(4) TSSPC. This number identifies the company in the tax administration’s system for registration of employment contracts, filing monthly declarations, and payment of social security contributions and taxes.
Step 4: Appoint an Authorised Person
The foreign employer appoints an authorised person in Bulgaria who acts on its behalf before the NRA, the NSSI and other institutions. The authorisation is executed by express power of attorney, certified in accordance with the applicable rules.
Step 5: Open a Bank Account
It is strongly recommended that the foreign employer open a bank account with a Bulgarian bank. When paying social security contributions and taxes from a foreign account, serious technical issues arise — the budget payment order requires specific fields that are difficult to complete in an international transfer.
The Authorised Person
Functions
- Filing notifications under Art. 62 LC regarding the conclusion, amendment and termination of employment contracts.
- Filing monthly declarations under Ordinance No. H-13 — Declaration Form 1 and Declaration Form 6.
- Paying social security contributions and taxes to the relevant budget accounts.
- Issuing documents — salary certificates, income certificates, social security record statements.
- Representing the employer before the NRA, NSSI and the General Labour Inspectorate during inspections and audits.
Who May Serve as an Authorised Person
- An accounting firm with experience serving foreign employers.
- A lawyer or law firm.
- A natural person with a permanent address in Bulgaria.
How the Power of Attorney Is Executed
The power of attorney must be express and specify the scope of the authorised person’s powers. If issued abroad, it must be apostilled and translated into Bulgarian by a certified translator.
Tax Obligations
Income Tax on Employment Income
Under Art. 8(2) PITA, income from work performed on Bulgarian territory is sourced in Bulgaria, regardless of the employer’s registered office. The tax rate is a flat 10% on the total annual tax base. The advance tax is determined by the employer monthly and withheld upon payment of the remuneration.
Annual Reconciliation
The employer performs an annual tax reconciliation under Art. 49 PITA by 31 January of the following year, provided the employee declares that they have no other income or employers.
Corporate Income Tax
If the foreign company has no permanent establishment (PE) in Bulgaria, it does not owe corporate income tax. However, if the activity in Bulgaria creates a PE (a fixed place of business, an agent with authority to conclude contracts, etc.), the company is subject to 10% corporate income tax.
Social Security Obligations
Under Regulation 883/2004 and the Bulgarian SSC, for a person working on Bulgarian territory, Bulgarian social security legislation applies. The foreign employer has the status of insurer under Art. 5(1) SSC.
Types of Social Security Contributions
| Type of Contribution | Total Rate | Employer | Employee |
|---|---|---|---|
| SSI — Pensions Fund (born before 01.01.1960) | 19.8% | 11.88% | 7.92% |
| SSI — Pensions Fund (born after 31.12.1959) | 14.8% | 8.88% | 5.92% |
| SSI — General Illness and Maternity Fund | 3.5% | 2.1% | 1.4% |
| SSI — Unemployment Fund | 1.0% | 0.6% | 0.4% |
| SSI — Occupational Accident and Disease Fund | 0.4%–1.1% | Entirely | — |
| Supplementary Mandatory Pension Insurance | 5.0% | 2.8% | 2.2% |
| Health Insurance | 8.0% | 4.8% | 3.2% |
Total (excluding Occupational Accident and Disease): approximately 31.7%–32.7% of the insurable income.
Filing and Payment Deadlines
- Declaration Form 1 (data on the insured person) — filed by the 25th day of the month following the month to which it relates.
- Declaration Form 6 (total contributions due) — filed by the 25th day of the month following the month to which it relates.
- Payment of social security contributions — by the 25th day of the following month.
Branch vs NRA Registration — Comparison
| Criterion | NRA Registration (No Branch) | Branch of Foreign Entity | Subsidiary (EOOD/OOD) |
|---|---|---|---|
| When appropriate | Hired employees without a fixed place of business | Expansion of activity without a separate legal entity | Full-scale business activity in Bulgaria |
| Registration | Service number from NRA | Commercial Register + BULSTAT | Commercial Register |
| Registration timeline | Days | 2–4 weeks | 1–2 weeks |
| Corporate income tax | No (if no PE) | Yes (10%) | Yes (10%) |
| Separate legal entity | No | No (part of the foreign company) | Yes |
| Accounting in Bulgaria | Payroll and declarations only | Full accounting | Full accounting |
| Maintenance costs | Low | Medium | Medium to high |
Practical Steps — Summary
If you are a foreign company wishing to hire an employee in Bulgaria without registering a branch, follow this sequence:
- Prepare the documents — certificate of good standing (apostilled and translated), tax registration certificate.
- Find an authorised person in Bulgaria — an accounting firm or a lawyer with relevant experience.
- Enter into an employment contract in accordance with the Bulgarian Labour Code.
- File documents with the NRA — notification under Art. 62 LC plus the full set of documents for obtaining a service number.
- Open a bank account with a Bulgarian bank for payment of social security contributions and taxes.
- File monthly Declaration Forms 1 and 6 and pay contributions and tax.
- Perform annual tax reconciliation by 31 January of the following year.
Frequently Asked Questions
Conclusion
Registering as a foreign employer in Bulgaria is a straightforward process when guided properly. The key steps are obtaining a service number from the NRA, appointing an authorised person, and ensuring compliance with Bulgarian employment and social security legislation. The procedure is significantly simpler and less costly than registering a branch or subsidiary.
If you are a foreign company planning to hire employees in Bulgaria, the team at Innovires Legal can assist you with the entire registration process and ongoing compliance. Contact us for a consultation.
This article is for informational purposes only and does not constitute legal advice. For specific questions about your situation, please consult a qualified lawyer.
Need assistance?
The Innovires team can assist you with foreign employer registration — from NRA filings to ongoing payroll and compliance management.