|
TAX CODE OF THE REPUBLIC OF TAJIKISTAN SECTION VI. GENERAL PROVISIONS CONCERNING THE PROFIT TAX
AND INCOME TAX CHAPTER 24. ADMINISTRATIVE PROVISIONS Article 197. Filing of a Return 1. An income tax or profit tax return shall be filed with tax authorities before April 1 of the year following the reporting year by the following taxpayers, respectively: 1) resident legal entities; 2) resident individuals who earn income not subject to taxation at the source of payment in the Republic of Tajikistan, with the exception of income earned from individual entrepreneurial activity on the basis of a patent that has been obtained in accordance with Article 137 of this Code; 3) resident individuals who hold funds on accounts with foreign banks located outside the Republic of Tajikistan, as well as those earning income outside the Republic of Tajikistan; 4) persons who are responsible for filing an income tax return and property status return in accordance with the laws of the Republic of Tajikistan. The procedure and deadlines for filing, as well as the form of the returns to be filed by these persons, shall be determined by the Republic of Tajikistan government; 5) nonresident legal entities and individuals earning income from sources in the Republic of Tajikistan that is subject to taxation but is not taxed at the source of payment. 2. In the event that a taxpayer terminates commercial activity in the Republic of Tajikistan, said taxpayer shall file a tax return with the appropriate tax authority within 30 days. 3. In the event of the liquidation of a legal entity, the liquidation commission or the taxpayer shall send written notification to this effect to the tax authority without delay. The liquidation commission shall be required to submit a tax return to the appropriate tax authority in accordance with item 7 of Article 71 of this Code. 4. An individual who is not required to submit a tax return may submit a tax return with a request for a recalculation of tax or a refund. Article 198. Current Tax Payments (Prepayments) 1. Legal entities that are not payers of the tax under the simplified system shall be required to make monthly current payments to the budget no later than the 15th of the month. The amount of each current monthly payment for the 12-month period beginning each April 15 must be equal to 1 percent of gross income for the reporting month in accordance with Article 321 of this Code, which shall be applied against (recorded as) payment of the minimum business income tax. If one-twelfth of the amount of profit tax for the previous year, multiplied by a coefficient of 1.1, is greater than the 1 percent of gross income for the reporting month referred to above, the difference between the one-twelfth of the amount of profit tax for the previous year, multiplied by a coefficient of 1.1, and the 1 percent of gross income for the reporting month paid to the budget and recorded as the minimum business income tax, shall be payable as current profit tax payments within the same time period. Other individuals and legal entities engaged in commercial activity, with the exception of resident individuals who are subject to the income tax on the basis of a patent or other simplified system in accordance with item 2 of Article 137 of this Code, and legal entities that are payers of the tax under the simplified system, shall be required to make current payments to the budget for the quarter just ended no later than April 15, July 15, and October 15 of the current year, and January 15 of the following year. For legal entities the amount of each quarterly current payment for the 12-month period beginning each April 15 must be equal to 1 percent of gross income for the reporting quarter in accordance with Article 321 of this Code, which shall be applied against (recorded as) payment of the minimum business income tax. If one-fourth of the amount of profit tax for the previous year, multiplied by a coefficient of 1.1, is greater than the 1 percent of gross income for the reporting quarter referred to above, the difference between the one-fourth of the amount of profit tax for the previous year, multiplied by a coefficient of 1.1, and the 1 percent of gross income for the reporting quarter paid to the budget and recorded as the minimum business income tax, shall be payable as current profit tax payments within the same time period. 2. The amount of current tax payments may be defined as the product of a taxpayer's gross income (without deductions) for the current month (quarter) and the coefficient that represents the proportion of the annual amount of the given tax in the taxpayer's gross income (without deductions) for the previous year. For taxpayers that are legal entities, a coefficient shall be applied that is derived from the total annual amount of taxes owed by the taxpayer against the minimum business income tax and the corporate profit tax, taking into account any credit that has been applied in accordance with Article 323 of this Code. A taxpayer may choose to apply throughout the entire year one of the two possible methods for determining the amount of current tax payments identified in items 1 and 2 of this article 3. Current tax payments shall be applied against the amount of tax due from a taxpayer for a tax year. Any amount by which current tax payments on the profit tax exceed the obligations under this tax shall be applied against obligations under the minimum business income tax for the same year, and any balance remaining (after obligations under the minimum business income tax) shall be applied against obligations under other taxes or shall be refunded to the taxpayer in accordance with Article 89 of this Code. 4. Interest shall be charged for current tax payments that are not made in a timely manner in accordance with Article 93 of this Code. Article 199. Payment of Tax Based on the Results for a Year Taxpayers shall effect a final settlement and pay the tax owed no later than April 10 of the year following the tax reporting year.
|
