LAWS OF THE REPUBLIC OF TAJIKISTAN

 

TAX CODE OF THE REPUBLIC OF TAJIKISTAN

PART II. SPECIAL PART

SECTION XIII. TAX PAYABLE UNDER THE SIMPLIFIED SYSTEM
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CHAPTER 41. TAX PAYABLE UNDER THE SIMPLIFIED SYSTEM

Article 302. Payers

Payers of the tax payable under the simplified system shall be enterprises whose gross income at the beginning of the tax year, not including the VAT and retail sales tax, does not exceed 3 times the limit established by this Code for the purposes of registration as a payer of the VAT, with the exception of those enterprises that are engaged in the production of excisable goods or the delivery of cotton fiber and primary aluminum, are users of mineral resources, have separate subdivisions, or are insurers, investment funds, professional participants in the securities market, or lending institutions.

Article 303. Object of Taxation

1. The object of taxation shall be gross income earned during the reporting period, less the deductions provided for under this Code, with the exception of deductions that are considered wages in accordance with Article 136 of this Code (net gross income). Gross income shall be calculated on a cash basis as the sum of earnings received from the delivery of goods (work, services), the selling price of property supplied during the reporting period, and nonsales income as part of commercial activity, less the VAT and retail sales tax. Gross income and deductions shall be subject to confirmation on the basis of the relevant income and expenditure documents prepared following the established procedure.

2. Enterprises that are subject to taxation under the simplified system shall not be payers of the corporate profit tax and the minimum business income tax.

3. The aforementioned taxpayers shall be tax agents with respect to the income tax payable by their employees, and with respect to the social tax they shall simultaneously be taxpayers and tax agents.

4. Payers of the tax payable under the simplified system shall maintain simple accounting records of income and expenditures and reporting documents based on the simplified system following the procedure determined by the Republic of Tajikistan Ministry of Finance in consultation with the authorized government body.

5. Concessions provided for under Article 145 of this Code shall be applicable for the purposes of this section.

Article 304. Tax Rate

The tax rate shall be set at 12 percent of the object of taxation.

Article 305. Procedure for Application of the Simplified Taxation System

1. The tax (reporting) period for enterprises using the simplified taxation system shall be a quarter.

2. An enterprise shall submit to a tax authority before the 15th of the month following the tax reporting period a return indicating the amount of tax payable and shall pay the tax that is due within this same deadline.

3. A taxpayer referred to under Article 302 of this Code shall have the right to change over to the general system of taxation. Such a change may be made only as of January 1 of any year. In this case a taxpayer must notify the tax authority with which it is registered of the changeover to the general system of taxation before January 15 of the year in which the change is to take place.

A taxpayer that has made the change to the general system of taxation in accordance with this item may change back to paying tax in accordance with this chapter no sooner than two calendar years from the date of the most recent change to the general system of taxation.

 

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