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KYRGYZSTAN TODAY Policy briefs on - Department of Geography

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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 10 percent <strong>of</strong> taxable income, provided that these assets were not<br />

used for the benefit <strong>of</strong> the physical entity that transferred them.<br />

3. Justificati<strong>on</strong> for reducing annual income <strong>of</strong> physical and legal entities are copies <strong>of</strong><br />

the CO Certificate and a written document c<strong>on</strong>firming the transfer <strong>of</strong> assets for the benefit <strong>of</strong><br />

this CO (cash payment receipt, payment order, property delivery-and-acceptance act, etc).<br />

4. D<strong>on</strong>ati<strong>on</strong>s exceeding the permitted amount <strong>of</strong> taxable income to be reduced <strong>on</strong>e<br />

fiscal year can be reserved for coming years and deducted from taxable income <strong>of</strong> taxpayers<br />

within five years.<br />

5. In cases when physical entities have to fill out an income statement, they can use<br />

the benefit <strong>of</strong> deducting d<strong>on</strong>ati<strong>on</strong>s from their taxable income when filling out the income<br />

statement. In this case, a copy <strong>of</strong> CO Certificate and a receipt from CO c<strong>on</strong>firming that this<br />

CO received a d<strong>on</strong>ati<strong>on</strong> from the physical entity has to be attached to its income statement.<br />

6. Physical entities whose income tax is deducted and transferred to the state budget<br />

by their source <strong>of</strong> income payment (i.e. individuals working based <strong>on</strong> work c<strong>on</strong>tracts or<br />

those receiving interest rates <strong>on</strong> bank deposits or securities) can use tax reducti<strong>on</strong> from<br />

d<strong>on</strong>ati<strong>on</strong>s to COs as follows:<br />

(1) submitting a request to the source <strong>of</strong> income payment about transferring some<br />

<strong>of</strong> their income to a CO as a d<strong>on</strong>ati<strong>on</strong> <strong>on</strong> their behalf and deducting this amount<br />

from their taxable income. A copy <strong>of</strong> the CO Certificate should be attached to the<br />

request letter. The request letter should c<strong>on</strong>tain the name <strong>of</strong> CO that will benefit<br />

from this d<strong>on</strong>ati<strong>on</strong>, the purpose <strong>of</strong> the d<strong>on</strong>ati<strong>on</strong> (not required), and the size <strong>of</strong><br />

the d<strong>on</strong>ati<strong>on</strong>. The physical entity’s source <strong>of</strong> income payment should transfer the<br />

appropriate amount <strong>of</strong> m<strong>on</strong>ey as a d<strong>on</strong>ati<strong>on</strong> <strong>on</strong> behalf <strong>of</strong> this physical entity and<br />

deduct this amount from their taxable income as specified in this Code.<br />

(2) transferring the d<strong>on</strong>ati<strong>on</strong> to a CO in cash and submitting a request to the source<br />

<strong>of</strong> income payment about deducting this amount from their taxable income. A<br />

copy <strong>of</strong> CO Certificate should be attached to the request letter. The request letter<br />

should c<strong>on</strong>tain the name <strong>of</strong> a CO that will benefit from this d<strong>on</strong>ati<strong>on</strong>, purpose <strong>of</strong><br />

the d<strong>on</strong>ati<strong>on</strong> (not required), and the size <strong>of</strong> the d<strong>on</strong>ati<strong>on</strong>. Based <strong>on</strong> the request<br />

letter and other attached documents, the source <strong>of</strong> income payment has to recalculate<br />

the amount <strong>of</strong> taxable income to be transferred to the budget in the<br />

reporting period and deduct the amount equal to the size <strong>of</strong> the d<strong>on</strong>ati<strong>on</strong> as<br />

specified in this Code.<br />

7. VAT paid by legal entities and individual entrepreneurs for the supply <strong>of</strong> all<br />

goods, works and services to COs <strong>on</strong> a gratuitous basis should be registered as if it were<br />

a regular commercial supply.<br />

8. Legal entities are exempt from property tax provided this property was given to<br />

the CO <strong>on</strong> a gratuitous basis.<br />

9. Physical entities are exempt from property tax and land tax provided this property<br />

or land were given to CO to be owned or to be used <strong>on</strong> a gratuitous basis.<br />

Article 400. Exempti<strong>on</strong> <strong>of</strong> physical entities from tax <strong>on</strong> any income received from<br />

the state or NPO in the form <strong>of</strong> assistance or compensati<strong>on</strong> for being<br />

involved in n<strong>on</strong>-commercial activities<br />

The following types <strong>of</strong> income received by physical entities are not included in the<br />

total taxable income when calculating their income tax:<br />

81

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