PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of October 21, 2019 No. 389

About the value added tax

(Extraction)

1. Determine that:

1.1. execution of the tax liability on the tax discharge on value added (further – the VAT) levied by tax authorities when importing to the territory of the Republic of Belarus of goods for the purpose of accomplishment of the general contract for construction of the Belarusian NPP of July 18, 2012 which payment is made with use of the public export loan is performed by Atomstroyexport joint-stock company (Russian Federation) (further – JSC ASE) or his legal successor at the expense of means of such credit for the purposes of application of JSC ASE of zero rate of the VAT * when exporting these goods to the Republic of Belarus;

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* In the terms installed in Item 19 of application No. 18 to the Agreement on the Eurasian Economic Union of May 29, 2014.

1.2. on the tax liability specified in subitem 1.1 of this Item the payment deferral of the VAT about day of execution of such obligation of JSC ASE, but no later than 180 calendar days from acceptance date of RUP "Belarusian NPP" on financial accounting of the imported goods is granted.

During the periods of provision of the specified delay of penalty fee and percent are not charged, provisions of Item 3 of Article 48 and subitem 1.3 of Item 1 of article 52 of the Tax Code of the Republic of Belarus are not applied;

1.3. the tax liability specified in subitem 1.1 of this Item can be performed in Russian rubles at official US dollar exchange rate to the Russian ruble established by the Central bank of the Russian Federation for date of transfer by the Ministry of Finance of the Russian Federation of money of JSC ASE.

If in case of execution of such tax liability in connection with change in the exchange rate of currencies the difference between the VAT amount reflected by RUP "Belarusian NPP" in the tax declaration (calculation) and the cash amount which arrived in its payment from JSC ASE is formed, the tax liability of RUP "Belarusian NPP" is considered fulfilled in full;

1.4. the statement for commodity importation and payment of indirect taxes concerning the tax liability specified in subitem 1.1 of this Item (further - the statement for commodity importation), moves RUP "Belarusian NPP" in tax authority in the place of registration in the terms established by the legislation.

Putting down of mark about payment of indirect taxes is performed by tax authority on the statement for commodity importation irrespective of payment of the VAT according to the obligation specified in subitem 1.1 of this Item;

1.5. for office use;

1.6. the VAT amounts paid according to this Decree:

are not subject to contribution to consolidated budgets of areas and are enlisted by separate code of classification of budget receipts;

reduce obligations of RUP "Belarusian NPP" on repayment of the public export loan;

are not subject to the tax deduction at RUP "Belarusian NPP";

1.7. the amounts of accounts payable of RUP "Belarusian NPP" which arose in connection with execution of the tax liability according to subitem 1.1 of this Item are not included non-operating incomes and are written off in the financial accounting according to the procedure determined by the Ministry of Finance;

1.8. for the purposes of this Decree:

goods are understood as processing equipment, accessories, spare parts to it, the raw materials, materials and other goods provided by the project documentation on construction of the Belarusian NPP;

under the public export loan - the credit issued according to the Agreement between the Government of the Republic of Belarus and the Government of the Russian Federation on provision to the Government of the Republic of Belarus of the public export loan for construction of nuclear power plant in the territory of the Republic of Belarus of November 25, 2011.

2. In part one of Item 1 of the Presidential decree of the Republic of Belarus of October 28, 2013 "About single questions of the taxation in case of construction of nuclear power plant in the Republic of Belarus" the words "December 31, 2022." shall be replaced with words No. 487 "on October 31, 2019".

3. This Decree becomes effective in the following procedure:

subitem 1.5 of Item 1 - from the date of signing of this Decree;

other provisions of this Decree - after its official publication.

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