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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of October 23, 2023 No. 720

About recognition of debt bad debt and its write-off

(as amended of the Resolution of Council of Ministers of the Republic of Belarus of 23.05.2024 No. 366)

Based on parts one and the second Item 9 of article 42 of the Tax Code of the Republic of Belarus, parts one and third Item 3 of article 16 of the Law of the Republic of Belarus of July 15, 2021 "About budget payments of state non-budgetary fund of social protection of the population of the Republic of Belarus" the Council of Ministers of the Republic of Belarus DECIDES: No. 118-Z

1. Approve Regulations on recognition of debt by bad debt and its write-off it (is applied).

2. For the purposes of this resolution terms and their determinations according to appendix are applied.

3. Determine that:

3.1. according to the decision of authorized body is recognized the bad debt and the debt of the Belarusian physical person on obligatory payments and other payments in the budget concerning which bodies of forced execution till July 15, 2021 stop enforcement proceeding, on the following bases is written off:

lack at it of money and (or) other property on which collection according to executive documents on collection of the amounts of the income of the state up to 10 basic sizes can be turned;

lack at it of money and (or) other property on which collection according to executive documents on collection of the amounts of the income of the state over 10 basic sizes after one year after suspension of enforcement proceeding according to the legislation on enforcement proceeding can be turned.

Decisions are made in three-months time from the date of entry into force of this resolution based on the verified copy of the resolution of body of forced execution on the termination of enforcement proceeding, and in case of solidary collection in the income of the state of the amounts according to the procedure of attraction to subsidiary responsibility – verified copies of such resolutions on each solidary debtor;

3.2. according to the decision of body of Social Security Fund of the population of the Ministry of Labour and Social Protection (further – Fund) is recognized the bad debt and the debt of the Belarusian individual entrepreneur who is not registered in bodies of Fund according to the procedure, established till June 1, 2006 on which the decision on the activities termination, on compulsory insurance premiums and other payments in the budget of state non-budgetary fund of social protection of the population of the Republic of Belarus in the part which is not extinguished because of non-realization of business activity till January 1, 2018 is made is written off.

The body of Fund within a month from the date of entry into force of this resolution informs the Belarusian individual entrepreneur specified in part one of this subitem on availability at it of the debt which is subject to recognition by the bad debt and to write-off by the direction of the notification.

The Belarusian individual entrepreneur has the right in six-months time from the date of entry into force of this resolution to refuse recognition of the debt specified in part one of this subitem, the bad debt and its write-offs by submission of the corresponding statement in body of Fund.

In case of receipt in body of Fund of such statement the decision on recognition of debt and its write-off is not accepted by the bad debt, the debt is subject to payment by the Belarusian individual entrepreneur in six-months time from the date of receipt in body of Fund of this statement.

In case of not receipt at the scheduled time in the body of Fund of the statement or debt default in time established in part four of this subitem, the decision is made within a month from the date of the expiration specified respectively in part three or the fourth this subitem based on data of tax authority in the place of registration of the Belarusian individual entrepreneur on lack of the taxes (charges) and the gained income paid to them from the moment of formation of the debt which is subject to recognition by the bad debt and to write-off.

4. The debt on obligatory payments and other payments in the budget which arose before entry into force of this resolution is recognized the bad debt and is written off according to the procedure, established by this resolution.

5. This resolution becomes effective after its official publication and extends the action to the relations which arose since September 14, 2023.

Prime Minister of the Republic of Belarus

R. Golovchenko

 

Appendix

to the Resolution of Council of Ministers of the Republic of Belarus of October 23, 2023 No. 720

List of terms and their determinations

1. The Belarusian individual entrepreneur – the physical person registered as the individual entrepreneur in the Republic of Belarus.

2. The Belarusian physical person – the citizens of the Republic of Belarus, the foreign citizen or the person without citizenship who are constantly living in the Republic of Belarus and are not registered as the individual entrepreneur in the Republic of Belarus.

3. The Belarusian organization – the organization which location is the Republic of Belarus.

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