Document from CIS Legislation database © 2003-2024 SojuzPravoInform LLC

Accepted at the twenty third plenary session of Inter-parliamentary Assembly of the State Parties of the CIS
(The resolution of April 17, 2004 No. 23-11)

THE MODEL TAX CODE FOR THE STATE PARTIES OF THE CIS

Special part

Chapter 5. Income tax

Article 1. Taxpayers

Taxpayers of the income tax (further in this Chapter - tax) the national and foreign organizations, and also, are recognized the procedure established by the national legal system, the divisions and other organizations created by them, except for national (central) bank of the country.

Article 2. Taxation object

1. The taxation object for the national organizations the profit got in the territory of the country and beyond its limits is considered.

2. The taxation object for the foreign organizations the profit got from country sources is considered.

Article 3. Tax base

Tax base in the context of this Chapter monetary value of the profit representing difference between the gross income of the taxpayer and deductions established by this Chapter is recognized.

Article 4. Tax period

Tax period on tax calendar year is recognized.

Article 5. Gross income

The gross income is the total amount of all income of the taxpayer gained in reporting year irrespective of sources of their obtaining.

In the context of this Chapter:

a) increase in assets or reduction of the obligations in reporting year leading to increase in its equity is considered the income of the taxpayer;

b) equity of the taxpayer the difference between assets and liabilities is considered.

Any means belonging to him on the property rights - property (tangible assets), property rights and the personal non-property rights (intangible assets) connected with property rights, foreign currency, securities, receivables and other property are considered as assets of the taxpayer.

Any debts which are available for him are considered as obligations of the taxpayer (the credit, accounts payable, the tax liability and so forth).

Article 6. The elements which are not considered as the income

In the context of this Chapter are not considered as the income:

- deposits of participants (shareholders, unitholders) to the authorized capital (fund) of the taxpayer, positive difference between the price of placement and nominal price of shares of the taxpayer, the means combined for the purpose of joint activities;

- the amounts of the tax benefits provided by the national legal system;

- assets (including the membership fees) and the services gratuitously received by non-profit organizations.

Article 7. Deductions from gross income

In case of determination of profit it is allowed to make the deductions from gross income of the taxpayer provided by this Chapter (expenses, losses and other deductions).

If the same costs are provided in several expenditure items, the specified costs are subtracted only once.

Article 8. Expenses

In case of determination of profit the gross income of the taxpayer decreases by the amount of documentary confirmed expenses directed to income acquisition.

Reduction of assets or growth of the obligations of the taxpayer which happened for the accounting period, leading to reduction of its equity is considered expense.

Requirements for documentary confirmation of expenses on acquisition of inventory stocks, works, services, fixed assets and other assets are established by the national legal system.

In case of determination of profit the gross income of the taxpayer decreases by the amount which is not exceeding the size of daily allowance established by the national legal system regardless of availability of supporting documents.

Article 9. The elements which are not considered as expenses

In the context of this Chapter are not considered as expenses:

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