RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of August 10, 2023 No. 402

About approval of the Procedure for determination and use of rateable value of commodity import concerning which there are risk signs according to risk management system

For the purpose of realization of part 6 of article 311 of the Tax Code of the Kyrgyz Republic, according to 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 rateable value of commodity import concerning which there are risk signs according to risk management system, according to appendix.

2. Determine the State Tax Administration under the Ministry of Finance of the Kyrgyz Republic authorized body according to rateable value of commodity import concerning which there are risk signs.

3. 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 August 10, 2023 No. 402

Procedure for determination and use of rateable value of commodity import concerning which there are risk signs according to risk management system

1. General provisions

1. This Procedure regulates the procedure of determination and use of rateable value of commodity import concerning which there are risk signs according to risk management system.

2. 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) risk management system (further - the RMS) - the system of authorized tax authority intended for identification of risks of probability of non-execution and/or incomplete execution of the tax liability by the taxpayer;

3) the rateable value of commodity import determined by the RMS (further - OSIT) - the cost of the imported goods on the territory of the Kyrgyz Republic from state members of EEU determined with use of the RMS concerning which there are risk signs;

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

5) the VAT of EEU - the value added tax to 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, the confirmatory status of the distributor or dealer.

Other terms and determinations used in this Procedure are treated in the value determined by this Procedure and the Tax legislation of the Kyrgyz Republic.

3. OSIT is established by the order of authorized tax authority on the goods having 10-unit digital code of the Commodity nomenclature of foreign economic activity of EEU (further - the Commodity Nomenclature of Foreign Economic Activity), imported on the territory of the Kyrgyz Republic from state members of EEU according to the Inventory concerning which the extent of rateable value of commodity import is established (further - the List), determined by authorized tax authority.

4. The list affirms the order of authorized tax authority in form according to appendix to this Procedure and is subject to publication on the official site of authorized tax authority.

5. 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 and application of OSIT on the goods imported on the territory of the Kyrgyz Republic from state members of EEU

6. The OSIT size, except for rateable value of mobile communication devices, the devices used for data transmission is determined taking into account average price on the corresponding goods item determined according to Item 8 of this Procedure by the following formula:

OSIT = Sts - (Sts * 30%),

where:

Sts - average price of the goods imported from state members of EEU.

7. Average price on the goods imported from state members of EEU is determined by the RMS based on these statements (FORM STI-136) provided by taxpayers for the last (reporting) sixty days and also these electronic invoices which are drawn up by taxpayers for the last (reporting) sixty days, quarterly by selection of codes of the CN FEA EEU.

8. The OSIT size is established quarterly on the goods imported on the territory of the Kyrgyz Republic from state members of EEU according to the Commodity Nomenclature of Foreign Economic Activity code.

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

The OSIT size on the mobile communication devices, devices used for data transmission is determined based on the data obtained from the database of the State system of identification provided by the operator of identification.

9. The OSIT size is established in national currency taking into account rules of mathematical rounding (measure values less than 50 tyyyn are rounded down, 50 tyyyn and more - are rounded to som).

10. If the importer performs commodity importation, included in the List, and specifies in the agreement (contract) and in shipping documents the goods price less than the established OSIT size, the tax liability on the VAT of EEU is estimated using the established OSIT size with reflection of data in tax statements on indirect taxes.

For example: the taxpayer performed commodity importation from the territory of state member of EEU in number of 10000 kg. In the agreement (contract) and shipping documents the price for 1 kg is specified in the amount of 20 Russian rubles for 1 kg. Latest acceptance date on accounting of the imported goods date of crossing of Frontier of the Kyrgyz Republic was. The rate of National Bank of the Kyrgyz Republic for date of crossing of Frontier of the Kyrgyz Republic constituted 1, the 06th catfish for 1 Russian ruble. In case of transfer to national currency the cost of 1 kg - 21, 2 som for kg (20 * 1,06). According to the List the OSIT size on goods will constitute 23, the 5th catfish for 1 kg. In this case the OSIT size specified in the List is applied to the imported goods.

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