RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of January 28, 2022 No. 35

About approval of the Procedure for determination and use of the minimum level of reference prices

For the purpose of enhancement of the mechanism of administration of indirect taxes, according to Item 18 of the Protocol on procedure for collection of indirect taxes and the mechanism of control of their payment during the exporting and commodity import, performance of works, rendering services (appendix No. 18 to the Agreement on the Eurasian Economic Union of May 29, 2014, No. 111) is ratified by the Law of the Kyrgyz Republic of May 21, 2015, article 139 of the Tax Code of the Kyrgyz Republic, Articles 13, of the 17th constitutional Law of the Kyrgyz Republic "About the Cabinet of Ministers of the Kyrgyz Republic" the Cabinet of Ministers of the Kyrgyz Republic decides:

1. Approve the Procedure for determination and use of the minimum level of reference prices according to appendix.

2. Determine the State Tax Administration under the Ministry of Finance of the Kyrgyz Republic authorized body according to the minimum level of reference prices.

3. Recognize invalid:

1) Item 30 of appendix 1 to the order of the Government of the Kyrgyz Republic "About delegation of separate rule-making powers of the Government of the Kyrgyz Republic to state bodies and executive bodies of local self-government" of September 15, 2014 No. 530;

2) the order of the Government of the Kyrgyz Republic "About approval of the Procedure for determination, application and control of the minimum level of reference prices on the goods imported on the territory of the Kyrgyz Republic from state members of the Eurasian Economic Union and made in the territory of the Kyrgyz Republic" of October 12, 2016 No. 537;

3) Item 8 of the order of the Government of the Kyrgyz Republic "About measures for implementation of the Law of the Kyrgyz Republic "About modification of some legal acts of the Kyrgyz Republic concerning stabilization of social and economic situation in connection with force majeure circumstances" of May 8, 2020 No. 241;

4) the order of the Government of the Kyrgyz Republic "About modification of the order of the Government of the Kyrgyz Republic "About approval of the Procedure for determination, application and control of the minimum level of reference prices on the goods imported on the territory of the Kyrgyz Republic from state members of the Eurasian Economic Union and made in the territory of the Kyrgyz Republic" of October 12, 2016 No. 537" of May 29, 2020 No. 279.

4. This resolution becomes effective after fifteen days from the date of official publication.

Appendix

to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of January 28, 2022 No. 35

Procedure for determination and use of the minimum level of reference prices

1. General provisions

1. This Procedure regulates determination and use of the minimum level of reference prices (further - MUKTs) on the goods imported on the territory of the Kyrgyz Republic from state members of the Eurasian Economic Union (further - EEU) and the made territories of the Kyrgyz Republic.

2. This Procedure is developed according to Item 18 of the Protocol on procedure for collection of indirect taxes and the mechanism of control of their payment during the exporting and commodity import, performance of works, rendering services where for the purpose of ensuring completeness of payment of indirect taxes the possibility of application of the legislation of state member of EEU is provided and there is opportunity to regulate the principles of determination of the price for the purpose of the taxation.

3. In this Procedure the following terms and determinations are used:

1) the importer - the taxpayer importing goods on the territory of the Kyrgyz Republic from state members of EEU;

2) the producer - the taxpayer performing production of goods for which the minimum level of control yens is established;

3) MUKTs - the price of the goods imported on the territory of the Kyrgyz Republic and made in the territory of the Kyrgyz Republic, established in the cases and procedure determined by this Procedure;

4) the statement (FORM STI-136) - the statement for commodity importation and payment of indirect taxes (FORM STI-136);

5) the value added tax of EEU - the value added tax (further - the VAT) on the goods imported on the territory of the Kyrgyz Republic from state members of EEU;

6) the official representative (the distributor, the dealer) - the trade organization having the distributor or dealer agreement (the contract or the protocol of intentions) with manufacturing plant or its trading house confirming the status of the distributor or dealer.

4. The terms and determinations used in this Procedure are treated in the value determined by this Procedure and the Tax code of the Kyrgyz Republic.

5. The MUKTs size is established by the order of authorized tax authority on the goods imported on the territory of the Kyrgyz Republic from state members of EEU and made in the territory of the Kyrgyz Republic according to the list determined by authorized tax authority.

6. The inventory on which MUKTs is established (further - the List) is subject to publication on the official site of authorized tax authority in form according to appendix to this Procedure.

7. The MUKTs size is established on the goods having 10-unit digital code of the commodity nomenclature of foreign economic activity (further - the CN FEA EEU).

8. The currency rate of state member of EEU used when calculating for the imported goods is estimated at the rate of National Bank of the Kyrgyz Republic on acceptance date in the taxpayer on accounting of the imported goods according to the Tax code of the Kyrgyz Republic.

2. Determination of MUKTs on the goods imported on the territory of the Kyrgyz Republic from state members of EEU and made in the territory of the Kyrgyz Republic

9. The MUKTs size is established quarterly on the goods imported on the territory of the Kyrgyz Republic from state members of EEU and made in the territory of the Kyrgyz Republic according to code of the CN FEA EEU.

If the MUKTs size for the next period is not established according to the procedure, established by this Procedure, the MUKTs size established for last period is applied.

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