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KYRGYZSTAN TODAY Policy briefs on - Department of Geography

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was subject to some administrative penalties which it didn’t object to, it may re-apply<br />

for the CO status <strong>on</strong>e year after facing administrative fines.<br />

6. Finances to be used for social purposes may include salaries and other expenses<br />

directly related to achieving social goals.<br />

7. CO is not entitled to spend its funds or use its property to support political parties,<br />

electi<strong>on</strong> campaign candidates, and commercial enterprises.<br />

8. Annually, no later than April 15 each year, CO should produce a written financial<br />

report that should be submitted to the public at its request. This report should reflect the<br />

sources <strong>of</strong> funds received, amounts obtained from different sources, and informati<strong>on</strong> <strong>on</strong><br />

how these funds were used by CO.<br />

9. If it becomes known that a not-for-pr<strong>of</strong>it organizati<strong>on</strong> that received a CO status<br />

does not meet the requirements, tax authorities may recall the certificate according to<br />

which this n<strong>on</strong>-for-pr<strong>of</strong>it organizati<strong>on</strong> is regarded as CO. In this case, (1) the organizati<strong>on</strong><br />

is stripped <strong>of</strong> special tax benefits granted up<strong>on</strong> COs, and (2) the organizati<strong>on</strong> and its<br />

management may be brought to justice in compliance with the Kyrgyz legislati<strong>on</strong>.<br />

10. The decisi<strong>on</strong> <strong>of</strong> a tax authority <strong>on</strong> recalling the certificate according to which a<br />

n<strong>on</strong>-for-pr<strong>of</strong>it organizati<strong>on</strong> is regarded as CO, depriving this organizati<strong>on</strong> <strong>of</strong> tax benefits<br />

and bringing it and its management to justice can be appealed in a higher-level tax<br />

authority or in court.<br />

11. A not-for-pr<strong>of</strong>it organizati<strong>on</strong> that obtains the CO status can, at any time, reject<br />

the CO status by submitting an appropriate written request to a local tax <strong>of</strong>fice and by<br />

returning its certificate. In this case, the not-for-pr<strong>of</strong>it organizati<strong>on</strong> loses its CO status<br />

from the day <strong>of</strong> submitting its written request.<br />

12. If, up<strong>on</strong> voluntary refusal or recall <strong>of</strong> the certificate, the certificate is rescinded,<br />

a not-for-pr<strong>of</strong>it organizati<strong>on</strong> is stripped <strong>of</strong> special tax benefits devised for COs, but is<br />

not freed from its obligati<strong>on</strong>s with regard to m<strong>on</strong>ey and property gained at the time <strong>of</strong><br />

being a certified CO, nor is it freed from reporting the use <strong>of</strong> this m<strong>on</strong>ey and property.<br />

D<strong>on</strong>ati<strong>on</strong>s made by physical or legal entities to such a CO before the certificate was<br />

rescinded are subject to deducti<strong>on</strong>.<br />

Article 398. Taxati<strong>on</strong> <strong>of</strong> COs.<br />

1. A zero-rate tax is levied up<strong>on</strong> CO income.<br />

2. CO is exempt from value-added tax (VAT) <strong>on</strong> imported goods, materials, and<br />

equipment brought in by CO or for CO and (1) used by CO for its social purposes,<br />

(2) used by CO for at least three years for its social purposes, or (3) disseminated free <strong>of</strong><br />

charge as part <strong>of</strong> its social activities.<br />

3. CO is exempt from sales tax, property tax and land tax.<br />

Article 399. Taxati<strong>on</strong> <strong>of</strong> d<strong>on</strong>ati<strong>on</strong>s from physical and legal entities.<br />

1. The total annual income <strong>of</strong> legal entities, if they pay pr<strong>of</strong>it tax, is reduced by an<br />

amount which is equal to the cost <strong>of</strong> gratuitously transferred assets, including m<strong>on</strong>ey<br />

and property at its balance-sheet value, as well as costs incurred as a result <strong>of</strong> works or<br />

services provided to CO <strong>on</strong> a gratuitous basis within <strong>on</strong>e taxati<strong>on</strong> year. This amount<br />

should not exceed 5 percent <strong>of</strong> taxable income or 0.2 percent <strong>of</strong> gross pr<strong>of</strong>it, provided<br />

that these assets were not used for the benefit <strong>of</strong> the legal entity that transferred them.<br />

2. Total annual income <strong>of</strong> physical entities, if they pay income tax, is reduced by the<br />

amount which is equal to the cost <strong>of</strong> gratuitously transferred assets, including m<strong>on</strong>ey<br />

80

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