TAX CODE OF THE REPUBLIC OF TAJIKISTAN

PART II. SPECIAL PART

SECTION XVI. MINIMUM BUSINESS INCOME TAX
________________________________________________________________

CHAPTER 44. MINIMUM BUSINESS INCOME TAX

Article 318. Taxpayers

1. Payers of the minimum business income tax shall be:

1) resident enterprises;

2) foreign enterprises engaged in commercial activity in the Republic of Tajikistan through their permanent establishments.

2. Taxpayers referred to under this article shall be referred to as enterprises in this chapter.

Article 319. Object of Taxation

The object of taxation shall be gross income (excluding the value-added tax that has been assessed and the sales tax) received (receivable) during the reporting period.

Article 320. Tax Concessions

Enterprises that are exempt from the profit tax in accordance with Article 145 and other provisions of this Code shall not be subject to this tax.

Article 321. Tax Rate and Procedure for Transferring the Tax to the Budget

1. The minimum business income tax rate shall be equal to 1 percent of the object of taxation.

2. The tax period for the minimum business income tax shall be a calendar year.

3. Final settlements with the budget with respect to the minimum business income tax based on the results for a tax year shall be effected no later than April 10 of the year following the tax year.

Article 322. Minimum Business Income Tax Return

1. The annual minimum business income tax return for a tax reporting year shall be submitted before April 1 of the year following the tax reporting year.

2. The form and procedure for the submission of minimum business income tax returns shall be established by the authorized government body.

Article 323. Crediting of the Corporate Profit Tax Against Payment of the Minimum Business Income Tax

The corporate profit tax assessed for a tax reporting period shall be applied as a credit against the minimum business income tax assessed for the same tax period. If the profit tax amount is less than the minimum business income tax amount, the profit tax shall not be paid. If the profit tax amount exceeds the minimum business income tax amount, the profit tax shall be payable to the budget in the amount by which the profit tax exceeds the minimum business income tax. In any case, the minimum business income tax shall be payable to the budget in full.

Back>>