|
TAX CODE OF THE REPUBLIC OF TAJIKISTAN SECTION XI. TAX ON USERS OF MINERAL RESOURCES CHAPTER 38. BONUSES Article 279. General Provisions Regarding Bonuses 1. Bonuses shall be fixed payments by users of mineral resources and they shall be paid in monetary form in the amounts and following the procedure established in the mineral use contract. 2. Based on the individual conditions involved in the use of mineral resources, users of mineral resources shall pay the following types of bonuses: 1) signing bonus; 3. One or several types of bonuses may be established depending on the economic effectiveness of the contracts being concluded. Article 280. Signing Bonus A signing bonus shall be a one-time fixed payment by a user of mineral resources for the right to engage in activities related to the use of mineral resources on a contracted territory and it shall be established at the time the contract is concluded following the procedure established by regulatory legal acts of the Republic of Tajikistan. Article 281. Procedure for the Establishment of a Signing Bonus, the Amount and Deadline for Payment of a Signing Bonus 1. The initial amounts of signing bonuses shall be determined by a competent authority, including on the basis of holding a tender, in consultation with the Republic of Tajikistan Ministry of Finance and the authorized government body. 2. The final amount of a signing bonus shall be established in a contract, depending on the economic value of the deposits (territories) being turned over for mining operations, but it must not be less than the initial amounts. 3. The deadline for payment of a signing bonus shall be established by the contract, but it shall be no later than 30 calendar days from the date the contract is concluded. Article 282. Tax Return Article 283. Commercial Discovery Bonus 1. A commercial discovery bonus shall be a payment for each commercial discovery on a contracted territory, including the discovery of minerals in the course of additional prospecting at deposits which leads to an increase in the recoverable reserves originally identified, with the exception of those cases indicated in item 2 of this article. 2. A commercial discovery bonus shall not be established under contracts for the prospecting of mineral deposits that do not provide for the subsequent extraction of minerals. 3. A commercial discovery shall mean reserves of a certain type of mineral that are discovered within the boundaries of a contracted territory, which have been confirmed in accordance with the established procedure and the extraction of which is economically viable. Article 284. Procedure for Calculation of a Commercial Discovery Bonus and the Size of a Commercial Discovery Bonus 1. The procedure for the calculation of a commercial discovery bonus shall be determined by the Republic of Tajikistan government. 2. The size of a commercial discovery bonus shall be established under the contract. Article 285. Tax Return and Payment Deadline A commercial discovery bonus return shall be submitted by a user of mineral resources to the tax authority with which it is registered no later than 30 calendar days following the date on which the commercial discovery is confirmed in accordance with the established procedure, and a commercial discovery bonus shall be paid no later than this deadline. Article 286. Extraction Bonus An extraction bonus shall be a fixed payment and shall be paid periodically by a user of mineral resources, when certain extraction volumes specified under the contract are reached. Article 287. Procedure for the Calculation of an Extraction Bonus, the Amount and Deadline for Payment of an Extraction Bonus 1. The procedure for the calculation of an extraction bonus based on groups of minerals shall be determined by the Republic of Tajikistan government. 2. The size of extraction bonuses shall be established under the mineral use contract. 3. An extraction bonus shall be paid no later than the 20th of the month following the month in which each of the extraction levels specified in the contract is reached. Article 288. Tax Return 1. An extraction bonus return shall be submitted by a user of mineral resources to the tax authority with which it is registered no later than the deadline established for the payment of the extraction bonus. 2. The form of tax returns for a signing bonus, a commercial discovery bonus, and an extraction bonus and the procedure for filling them out shall be established by the authorized government body in consultation with a competent authority.
|
