Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

Unofficial translation (c) Soyuzpravoinform LLC

PRESIDENTIAL DECREE OF THE AZERBAIJAN REPUBLIC

of May 25, 2022 No. 1693

About approval "Conditions and the Procedure for the value added tax return paid for the residential and non-residential premises purchased by consumers physical persons via bank transfer from persons who are engaged in activities for construction of buildings in the territory of the Azerbaijan Republic"

Being guided by Item 32 of article 109 of the Constitution of the Azerbaijan Republic, in connection with execution of the Law of the Azerbaijan Republic of November 29, 2019 No. 1704-VQD "About modification of the Tax code of the Azerbaijan Republic" POSTANOVLYAYU:

1. Approve "Conditions and the Procedure for the value added tax return paid for the residential and non-residential premises purchased by consumers physical persons via bank transfer from persons who are engaged in activities for construction of buildings in the territory of the Azerbaijan Republic" (are applied).

2. To the Ministry of Economics of the Azerbaijan Republic:

2.1. in fifteen-day time to determine in coordination with the Ministry of Finance of the Azerbaijan Republic and the Central bank of the Azerbaijan Republic the authorized bank (banks) provided by subitem 2.0.6 "Conditions and the Procedure for the value added tax return paid for the residential and non-residential premises purchased by consumers physical persons via bank transfer from the persons who are engaged in activities for construction of buildings in the territory of the Azerbaijan Republic", approved by part of 1 this Decree (further - the Procedure);

2.2. provide for the purpose of implementation in the Azerbaijan Republic systems of the value added tax return paid for the residential and non-residential premises purchased by consumers physical persons via bank transfer from persons who are engaged in activities for construction of buildings in the territory of the Azerbaijan Republic, creation of the infrastructure provided by Procedure including the portal, the software and the single electronic database, its integration into the electronic information systems which are in use of the State Tax Administration under the Ministry of Economics of the Azerbaijan Republic and authorized bank (banks) at the expense of off-budget fund of the Ministry of Economics of the Azerbaijan Republic;

2.3. ensure safety of information collected in the single electronic database and continuity of exchange of information;

2.4. provide carrying out propaganda activities on implementation in the Azerbaijan Republic of system of the value added tax return paid for the residential and non-residential premises purchased by consumers physical persons via bank transfer from persons who are engaged in activities for construction of buildings in the territory of the Azerbaijan Republic;

2.5. resolve other issues following from this Decree.

3. To the Ministry of Finance of the Azerbaijan Republic:

3.1. provide value added tax return, paid by consumers physical persons, according to requirements of the Procedure due to reduction of the actual receipt on the value added tax which arrived in the government budget through the Ministry of Economics of the Azerbaijan Republic within this amount;

3.2. in fifteen-day time in coordination with the Ministry of Economics of the Azerbaijan Republic to approve form of the conclusion, stipulated in Item 5.11 About.

President of the Azerbaijan Republic

Ilham Aliyev

 

Approved by the Presidential decree of the Azerbaijan Republic of May 25, 2022 No. 1693

Conditions and Procedure for the value added tax return paid for the residential and non-residential premises purchased by consumers physical persons via bank transfer from persons who are engaged in activities for construction of buildings in the territory of the Azerbaijan Republic

1. General provisions

1.1. "Conditions and the Procedure for the value added tax return paid for the residential and non-residential premises purchased by consumers physical persons via bank transfer from persons who are engaged in activities for construction of buildings in the territory of the Azerbaijan Republic" (further - the Procedure) according to article 165.6 of the Tax Code of the Azerbaijan Republic regulate conditions and procedure for the value added tax return (further - the VAT) paid for the residential and non-residential premises purchased by consumers physical persons via bank transfer from persons who are engaged in activities for construction of buildings in the territory of the Azerbaijan Republic.

1.2. Requirements of this Procedure are applied irrespective of the price of the residential and non-residential premise (together with the VAT) on the electronic delivery note invoice exposed for the residential and non-residential premises purchased via bank transfer from persons who are engaged in activities for construction of buildings.

1.3. The VAT return to the buyer is performed by transfer to the bank account of the buyer. The returned amount constitutes 30% of the paid VAT.

1.4. Taking into account requirements of this Procedure for the VAT returns in case of complete payment of cost of residential and non-residential premises to the seller via bank transfer. If for provision of residential and non-residential premises the payment is made in parts, the VAT is transferred by authorized bank into the bank account of the buyer after payment of all-in cost of residential and non-residential premises via bank transfer.

1.5. In case of purchase by the buyer in one building of one or several residential and (or) non-residential premises the VAT return is applied to the VAT paid in proportion to the part of the purchased premises which is not exceeding 500 square meters of premises and 500 square meters of the non-residential premise. If upon purchase by the buyer in one building of several residential or non-residential premises more than 500 square meters the selling price of one square meter of the residential or non-residential premise is various, in case of determination of part in 500 square meters for the purpose of VAT return the residential or non-residential premise which selling price of one square meter is higher is taken as basis.

1.6. The VAT paid via bank transfer for residential and non-residential premises returns through authorized bank within 30 (thirty) working days from the moment of introduction by the buyer of the address to the portal.

2. Basic concepts

2.0. The basic concepts used for the purposes of this Procedure designate the following:

2.0.1. the physical person - the citizen of the Azerbaijan Republic, the foreigner and the stateless person;

2.0.2. the buyer - the consumer - the physical person buying residential and non-residential premises from the seller via bank transfer;

2.0.3. the seller - the person who is the payer of the VAT and engaged in activities for construction of buildings in the territory of the Azerbaijan Republic;

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.