Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

Accepted at the twenty second plenary session of Inter-parliamentary Assembly of the State Parties of the CIS
(The resolution of November 15, 2003 No. 22-9)

THE MODEL TAX CODE FOR THE STATE PARTIES OF THE CIS

Special part

Chapter 4. The income tax from physical persons

Article 1. Taxpayers

Taxpayers of the income tax from physical persons (further in this Chapter - tax) the physical persons who are tax residents of the country and also the physical persons gaining income from sources in the country not being tax residents of the country are recognized (further this Chapter - taxpayers).

Article 2. Taxation object

The taxation object income gained by taxpayers is recognized:

1) from sources in the country and (or) from sources outside the country - for the physical persons who are tax residents of the country;

2) from sources in the country - for the physical persons who are not tax residents of the country.

Article 3. Tax base

1. In case of determination of tax base all income of the taxpayer gained by it both in cash and in natural forms, or the right to the order which at it arose, and also the income in type of material benefit is considered.

2. The tax base is determined separately by each income type concerning which the different tax rates are established.

3. The tax base is determined as monetary value of the taxable income using the tax deductions.

The tax deductions the sums reducing the size of the income, taxable determined by the tax legislation of the country are recognized. If the amount of the tax deductions in tax period appears more amount of the income, taxable, for the same tax period, then in relation to this tax period the tax base is accepted equal to zero. On the following tax period the difference between the amount of the tax deductions in this tax period and the amount of the income, taxable, is not transferred if other is not provided by this Chapter.

4. For the separate income established by the tax legislation of the country, the tax base is determined as monetary value of such income, taxable, without application of the tax deductions.

Article 4. Features of determination of tax base in case of receipt of the income in natural form

In case of receipt by the taxpayer of the income from the organizations and individual entrepreneurs in natural form in the form of goods (works, services) the tax base is determined as the cost of these goods (works, services) estimated proceeding from their market prices taking into account the corresponding tax amounts of value added, excises.

Article 5. Features of determination of tax base in case of receipt of the income in type of material benefit

1. Income of the taxpayer gained in the form of material benefit is:

1) material benefit from savings on interest for use of the taxpayer of the borrowed (credit) funds received from the organizations or individual entrepreneurs;

2) material benefit from purchase of goods (works, services) according to the civil agreement at persons which are interdependent in relation to the taxpayer;

3) material benefit from acquisition of securities.

2. In case of receipt by the taxpayer of the income in type of the material benefit specified in the subitem 1 of Item 1 of this Article, the tax base is determined as excess of the amount of interest for using borrowed (credit) funds estimated proceeding from market interest rate on the credit for the date of receipt of such means over the amount of percent estimated proceeding from terms of the contract.

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