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RESOLUTION OF THE MINISTRY OF TAXES AND TAX COLLECTION OF THE REPUBLIC OF BELARUS

of January 23, 2023 No. 2

About change of the resolution of the Ministry of Taxes and Tax Collection of the Republic of Belarus of January 3, 2019 No. 2

Based on Item 5 of article 107 of the Tax Code of the Republic of Belarus, Items 22 and 26 of the Regulations on procedure for the determination, calculation and payment of the rent approved by the Presidential decree of the Republic of Belarus of May 12, 2020 No. 160, of subitem 5.6 of Item 5 of the Regulations on the Ministry of Taxes and Tax Collection of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of October 31, 2001 No. 1592, the Ministry of Taxes and Tax Collection of the Republic of Belarus DECIDES:

1. Bring in the resolution of the Ministry of Taxes and Tax Collection of the Republic of Belarus of January 3, 2019 No. 2 "About calculation and tax payment, charges (duties), other payments" the following changes:

1.1. in Item 1:

the twelfth subitem 1.1 to state the paragraph in the following edition:

"on the land tax from the organizations according to appendix 8;";

add subitem 1.2 with paragraphs of the following content:

"calculation of the amount of the rent for the parcels of land according to appendix 39-7;

data on the vehicles given to other organizations or physical persons for the agreements of finance lease (leasing) signed till January 21, 2019 according to appendix 39-8.";

1.2. in subitem 2.1 of Item 2:

the first offer of paragraph one of part one to add with words "the payers estimating the VAT according to part one of Item 5 of article 128 of the Tax Code of the Republic of Belarus";

part the second after the word to "prices" to add with the word "cost";

1.3. in appendix 1 to this resolution:

in the Section I of part I line item

"13. The tax base and VAT amounts which are subject to payment in case of acquisition of objects at the foreign organizations

X"

replace with line item

"13. The tax base and VAT amounts which are subject to payment in case of acquisition of objects at the foreign organizations, foreign individual entrepreneurs

X";

line item

"the document register, confirming performance of works (rendering services) in repair, maintenance of the vehicles registered in foreign states, according to appendix 10 to this form"

exclude;

1.4. to state the interlinear note "2" to appendix 2 to this resolution in the following edition:

"2 Foreign intermediary in calculations for services electronically – the foreign organization, the foreign individual entrepreneur who based on commission agreements, the order or other similar civil contracts with the foreign organization (the foreign individual entrepreneur) will organize rendering services electronically to buyers of services of the Republic of Belarus, and also settlings with such buyers of services.";

1.5. in appendix 3 to this resolution:

after line item

"Modification and (or) amendments in part II of the tax declaration (calculation)"

add appendix with line item of the following content:

"Modification and (or) amendments in part III of the tax declaration (calculation)";

to add the name of the column 5 after the word "spirta3" with words ", tobacco raw materials in tobacco for hookah";

in part I of figure "1418–1420, 1422–1426" to replace with figures "1414, 1415, 1418–1420, 1422–1426, 1429, 1430";

in part II of figure "1401–1409, 1410, 1411" to replace with figures "1401–1413, 1427, 1428";

to add form of the tax declaration (calculation) for excises with part III of the following content:

"Part III. Calculation of excises in case of receipt (receipt) of oil

Code of group of excise goods according to the reference book of groups of excise goods

1417

Section I. The estimated amount of excises

1

The estimated amount of excises – all (line 1.1 + line 1.2):

X

X

X

X

1.1

on oil extracted in the territory of the Republic of Belarus

X

1.2

on the oil imported on the territory of the Republic of Belarus from the territory of the Russian Federation

X

Section II. Tax deductions

2

The tax deductions on excises – all (line 2.1 + line 2.2):

X

X

X

X

2.1

on oil extracted in the territory of the Republic of Belarus

X

X

X

X

2.2

on the oil imported on the territory of the Republic of Belarus from the territory of the Russian Federation

X

X

X

X

Section III. The amount of excises which is subject to offsetting (return)

3

The amount of excises which is subject to offsetting (return) – all
(line 3.1 + line 3.2):

X

X

X

X

3.1

on oil extracted in the territory of the Republic of Belarus
(line 1.1 – line 2.1)

X

X

X

X

3.2

on the oil imported on the territory of the Republic of Belarus from the territory of the Russian Federation (line 1.2 – line 2.2)

X

X

X

X

Section IV. The amount of excises which is subject to payment for the previous tax periods in connection with loss of the right to the tax deduction

4

The amount of excises which is subject to payment – all

X

X

X

X

4.1

for _____________ ___________________

(number of month) (four figures of year)

X

X

X

X

4.2

for _____________ ___________________

(number of month) (four figures of year)

X

X

X

X

4.3

for _____________ ___________________

(number of month) (four figures of year)

X

X

X

X

…..

X

X

X

X

Section V. Total the amount of excises which is subject to payment; to offsetting (return)

5

The amount of excises which is subject to payment; to offsetting (return), – all
(line 5.1 + line 5.2):

X

X

X

X

5.1

on oil extracted in the territory of the Republic of Belarus
(line 3.1)

X

X

X

X

5.2

on the oil imported on the territory of the Republic of Belarus from the territory of the Russian Federation (line 3.2 + line 4)

X

X

X

X

5.3

including to surcharge (reduction):

X

X

X

X

5.3.1

according to the inspection statement

X

X

X

X

5.3.2

according to Item 6 of article 73 of the Tax Code of the Republic of Belarus

X

X

X

X

5.3.3

according to Item 8 of article 73 of the Tax Code of the Republic of Belarus

X

X

X

X

On payment due date

(number)

(number of month)

(four figures of year)";

after line item

"Total to payment on all groups of excise goods of part II

rub"

add appendix with line item of the following content:

"Total to payment on group of excise goods of part III

rub";

in appendices 1 and 2 to form of the tax declaration (calculation) for figure excises "1411" to replace 1410, with figures "1410–1413, 1427, 1428";

1.6. in appendix 4 to this resolution:

words" (the activities termination)", "," to exclude notifications on activities termination process completion;

to state the Section I of part I in the following edition:

"Section I

rub.


payment order

Name of indicators

In total

Including for calculation of tax at the rates

30%

25%

20%

18%

12%

10%

9%

6%

5%

__ %

1

2

3

4

5

6

7

8

9

10

11

12

13

Tax base determination (gross profit)

1

Revenue (income) from realization: revenue (income) from realization on paid basis: manufactured goods (works, services); the goods acquired for the subsequent realization (further – the goods acquired); fixed assets; intangible assets; company as property complex; property rights, securities (income from repayment of securities)

2

The costs considered in case of the taxation (further – costs), including:

2.1

amount of investment deduction

2.2

the amount of exceeding of costs for the research, developmental and experienced and technological works registered in the state register of the research, developmental and experienced and technological works according to the procedure determined by the President of the Republic of Belarus, considered in costs on production and realization according to subitem 2.3 of Item 2 of article 170 of the Tax Code of the Republic of Belarus over actually made costs for these purposes

2.3

the amount of the normalized costs, including

2.3.1

amount of other costs

3

The taxes and fees estimated according to the procedure established by legal acts from revenue from realization on paid basis of manufactured goods (works, services), the goods acquired, fixed assets, intangible assets; company as property complex, property rights, securities, including

3.1

the tax amounts on value added estimated from the tax base determined according to Item 42 of article 120 of the Tax Code of the Republic of Belarus

4

Balance of non-operating incomes and expenses (+, –)
(line 4.1 – line 4.2):

4.1

non-operating incomes, including:

4.1.1

the non-operating incomes specified in subitems 3. 20, 3.21 and 3.35 Items 3 of article 174 of the Tax Code of the Republic of Belarus

4.1.2

dividends from sources outside the Republic of Belarus, and also the income of founders (participants, shareholders) in the form of the exchange differences arising in case of revaluation of receivables by settlings with the foreign organizations for the dividends which are due from them

4.1.3

other non-operating incomes, taxable according to the legislation of foreign state (except for specified in line 5)

4.2

non-operating expenses, including:

4.2.1

the non-operating expenses specified in subitems 3. 26, 3.27, 3.40 and 3.41 Items 3 of article 175 of the Tax Code of the Republic of Belarus

4.2.2

taxes (charges, assignments) paid (withheld) according to the legislation of foreign state concerning which elimination of double taxation is not provided

5

Revenue (income) of the Belarusian organization from activities outside the Republic Belarus5

6

Expenses of the Belarusian organization in connection with activities outside the Republic of Belarus (line 6.1 + line 6.2),
in that chisle5:

6.1

costs and non-operating expenses of the Belarusian organization for activities outside the Republic Belarus5

6.2

taxes (charges, assignments) paid by the Belarusian organization according to the legislation of foreign state from revenue on activities outside the Republic Belarus5

7

Profit (+) or loss (–) the Belarusian organization from activities outside the Republic of Belarus
(line 5 – line 6.1 – line 6.2)5

7.1

Profit (+), modified in the cases established by Chapter 11 of the Tax code of the Republic of Belarus

8

Profit (+)
(line 1 – line 2 – line 3 + line 4 + line 7 + line 7.1)

9

Loss (–) (line 1 – line 2 – line 3 + line 4 + line 7)

10

Tax base (line 8 + line 9)

11

The profit exempted from the taxation (no more line 10)

12

The profit exempted from the taxation which does not depend on nature of sales of goods (works, services), property rights (no more (line 10 – line 11))

13

The profit exempted from the taxation – all
(line 11 + line 12) (no more line 10)

14

Profit to the taxation (line 10 – line 13)

14.1

including profit of the Belarusian organization to the taxation from activities outside the Republic of Belarus (no more line 14)5

15

The profit to the taxation reduced by the amount of the postponed loss (the postponed losses)
(line 6 of the Section II of part II) 6

Calculation of tax amount on profit on gross profit

16

The income tax on gross profit
(line 14 (in case of transfer of losses – line 15) x the size rate / 100), including:

16.1

the income tax estimated in the Belarusian organization according to the legislation of the Republic of Belarus from activities outside the Republic Belarus5

16.2

the income tax estimated in the Belarusian organization according to the legislation of the Republic of Belarus concerning the income, taxable in foreign state (except for the income tax specified in line 16.1)

17

Tax amount on profit from which payment the payer is exempted, being at the command the payer in connection with target use

18

The amount of reduction of the income tax on other bases (line 18.1 + line 18.2), including:

18.1

tax amount on profit from which payment the payer is exempted

18.2

the amount of reduction of the income tax on the bases which are not specified in line 18.1

19

The income tax (income) paid in foreign state, which is not exceeding the tax amount on profit which is subject to the payment (paid) in the Republic of Belarus concerning income gained in foreign state

20

The income tax estimated for payment in the Republic of Belarus (line 16 – line 17 – line 18 – line 19)

21

The income tax estimated according to the previous tax declaration (calculation) (line 20 of the previous tax declaration (calculation))

22

2/3 tax amounts on profit for III quarter expired tax perioda6

23

The income tax to payment (return)
(line 20 – line 21 – line 22)

23.1

including to surcharge (reduction) according to the inspection statement

23.2

including to payment according to Chapter 11 of the Tax code of the Republic of Belarus

On payment due date

(number)

(number of month)

(four figures of year)";

to state the Section II of part II in the following edition:

"Section II

Calculation of the profit to the taxation reduced by losses of the previous tax periods

rub.


payment order

Name of indicators

In total

Including for calculation of tax at the rates

30%

25%

20%

18%

12%

10%

9%

6%

5%

____ %

1

2

3

4

5

6

7

8

9

10

11

12

13

1

Tax base taking into account the amount of the profit exempted from the taxation by the income tax (positive indicator of line 10 of the Section I of part I) including:

1.1

the tax base taking into account the amount of the profit exempted from the taxation by the income tax estimated on the first group including

1.1.1

the profit exempted from the taxation by the income tax, relating to the first group

1.2

the tax base taking into account the amount of the profit exempted from the taxation by the income tax estimated on the second group including

1.2.1

the profit exempted from the taxation by the income tax, relating to the second group

2

The loss applied to reduction of profit on the first group (no more line 1.1 no more result according to column 4 of the Section I of part II), including:

2.1

the loss applied to reduction by the profit exempted from the taxation (line 2 x line 1.1.1 / line 1.1)

2.2

the loss applied to reduction by profit to the taxation (line 2 – line 2.1)

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