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LAW OF THE REPUBLIC OF MOLDOVA

of December 8, 2022 No. 337

About the Program of compensation of the VAT for agricultural producers

The parliament adopts this organic law.

Article 1. Law purpose

For the purpose of support of agricultural producers to found the Program of compensation of the value added tax for agricultural producers (further - the Program of compensation of the VAT).

Article 2. Persons having the participation right in the Program of compensation of the VAT

For the purpose of this law the companies are considered as the companies having the participation right in the Program of compensation of the VAT:

a) for which at least 95% of the activities performed for 2022 represent one or more types of activity provided in groups 01.1-01.6 Qualifiers of types of economic activity of Moldova, the National bureau of statistics approved by the Order No. 28/2019;

b) which suffered losses as a result of the embargo established by the Russian Federation for import of products of phytogenesis from the Republic of Moldova. The evidence of possession on the property rights or uses of long-term plantings and the certificate on crop and its introduction in the fructification issued by body of local public authority is in that case produced.

Article 3. Subjects of the Program of compensation of the VAT

Subjects of the Program of compensation of the VAT are the companies performing activities in the field of agricultural industry, registered as taxpayers on value added (further - the VAT) and the registered VAT amounts which are deductible in subsequent tax period.

Article 4. Conditions of the Program of compensation of the VAT

(1) Subjects of the Program of compensation VATes have the right to compensation of the VAT amount which is deductible in subsequent tax period according to provisions of this law.

(2) the Compensation amount of the VAT is the smallest of following:

a) the VAT amount which is deductible in subsequent tax period, registered for the last tax period on the VAT;

b) the size consisting of the amount of the land tax on the parcels of land of the agricultural purpose estimated and declared for 2022 the declared income tax amount, fees of compulsory national social insurance and fees of compulsory medical insurance estimated as a percentage of the salary and other payments - for tax period and/or tax periods which correspond to the period of the Program of compensation of the VAT, stipulated in Clause 6.

(3) the Total recoverable amount for the Program of compensation of the VAT shall not exceed the VAT amount to deduction passing to the following tax period, specified in the declaration on the VAT for tax period of December, 2021.

(4) the VAT amount provided on the following tax period will be reduced by compensated VAT amount.

Article 5. Procedure and term of compensation of the VAT

(1) Compensation of the VAT is performed based on the application of the subject of the Program of compensation of the VAT submitted to the State Tax Administration.

(2) the Application can be submitted after submission of the tax report which declares the land tax on lands of agricultural purpose, the income tax, fees of compulsory national social insurance and fees of compulsory medical insurance estimated as a percentage of the salary and other payments, and after submission of the declaration on the VAT for the period of the Program of compensation of the VAT.

(3) Compensation of VAT amount is performed by the State Tax Administration and the State Treasury within 25 working days from the date of filing of application, from which:

- 20 days - on carrying out control by the State Tax Administration and decision making about compensation of VAT amount by the State Tax Administration;

- three days - on creation and transfer of payment documents by the State Tax Administration for execution in the State Treasury;

- two days - on payment of the amount by the State Treasury.

Article 6. Period of the Program of compensation of the VAT

Compensation of the VAT is performed for tax periods since April, 2022 till June, 2023 inclusive.

Article 7. Procedure for compensation of the VAT

The procedure for compensation of the VAT in the cases provided by this law is established by the Ministry of Finance.

Article 8. Final provisions

(1) In departure from part provisions (2) article 56 of the Law on regulations No. 100/2017 this law becomes effective from the date of publication in the Official monitor of the Republic of Moldova.

(2) to the Government in two-month time from the date of publication of this law to bring the regulations into accord with it.

Chairman of the parliament

Igor to Groce

 

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

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