RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of March 7, 2024 No. 164

About the tax matters

Based on paragraphs of the ninth or eleventh of part one of subitem 2.10 of Item 2 of the Presidential decree of the Republic of Belarus of March 14, 2022 No. 93 "About additional measures for ensuring stable functioning of economy" and in response to application bypassing provisions of Chapter VII of Articles of organization of the United Nations by number of the states concerning the Republic of Belarus, the Council of Ministers of the Republic of Belarus DECIDES: her citizens and legal entities of the unilateral rationing arrangements of economic nature which are not authorized by the Security Council of the United Nations and (or) incompatible with the principles and rules of international law

1. Establish from April 1, 2024 to December 31, 2026 tax rate on the income of the foreign organizations which are not performing activities in the Republic of Belarus through permanent mission in the amount of 25 percent on the income specified in subitem 1.4 of Item 1 of article 189 of the Tax Code of the Republic of Belarus in case of obligations on payment of this tax concerning the foreign organizations which location is the state included in the list of the foreign states making unfriendly actions concerning the Belarusian legal and (or) physical persons, No. 209 determined by the resolution of Council of Ministers of the Republic of Belarus of April 6, 2022.

2. Suspend till December 31, 2026 inclusive execution of regulations of international agreements on avoidance of double taxation according to appendix.

The term of application of the response measure specified in part one of this Item can be reduced in case of elimination of the circumstances which formed the basis for its application or according to the offer of the Ministry of Taxes and Tax Collection.

3. To the Ministry of Foreign Affairs send to participants of the international agreements about avoidance of double taxation specified in appendix to this resolution, notifications on suspension of execution of their separate provisions.

4. To the Ministry of Finance together with the Ministry of Taxes and Tax Collection and other interested by preparation of the bill of change of the Tax code of the Republic of Belarus to handle issue of feasibility of change of profit tax rates, the income tax from physical persons, tax on the income of the foreign organizations which are not performing activities in the Republic of Belarus through permanent mission for dividends and the income equated to them recognized by those according to the tax legislation.

5. This resolution becomes effective in the following procedure:

Item 2 - in the first day of the month coming after two months from the date of official publication of this resolution;

other provisions - after official publication of this resolution.

Appendix

to the Resolution of Council of Ministers of the Republic of Belarus of March 7, 2024 No. 164

The list of regulations of international agreements on avoidance of double taxation which execution stops

1. The subitem g) Item 1 of Article III of the Convention between the Union of Soviet Socialist Republics and the United States of America on the tax matters of June 20, 1973.

2. Articles 7, 8 and 11 Agreements between the Government of the Union of Soviet Socialist Republics and Government of the French Republic on elimination of double taxation of the income from October 4, 1985.

3. Articles 8, 9 and 11 Agreements between the Government of the Union of Soviet Socialist Republics and the Government of the Kingdom of Denmark on elimination of double taxation of the income and property of October 21, 1986.

4. Articles 10, 11 and 13 Agreements between the Government of the Republic of Belarus and the Government of the Republic of Poland on avoidance of double taxation of the income and property of November 18, 1992.

5. Articles 10, 11 and 13 Agreements between the Republic of Belarus and the Kingdom of Sweden on avoiding of double taxation and the prevention of tax avoidance concerning taxes on the income from March 10, 1994.

6. Articles 10, 11 and 13 Agreements between the Government of the Republic of Belarus and the Government of the Kingdom of Belgium on avoidance of double taxation and prevention of tax avoidance concerning taxes on the income and property of March 7, 1995.

7. Articles 10, 11 and 13 Pagadnennya pam_zh Uradam Respubl_k_ Belarus і Uradam L_to¸skay Respubl_k_ ab pazbyagann_ dvaynoga padatkaabkladannya і papyaredzhann_ ¸kh_lennya hell of payment padatka ў at dachynenn_ yes padatka ў on the income from July 18, 1995.

8. Articles 10, 11 and 13 Pagadnennya pam_zh Respubl_kay Belarus і Latv_yskay Respubl_kay ab pazbyagann_ dvaynoga padatkaabkladannya і papyaredzhann_ ¸kh_lennya hell of payment padatka ў at dachynenn_ yes padatka ў on the income from September 7, 1995.

9. Articles 10, 11 and 13 Pagadnennya pam_zh Uradam Respubl_k_ Belarus і Uradam Karale¸stva N_derlanda ў ab pazbyagann_ dvaynoga padatkaabkladannya і papyaredzhann_ ¸kh_lennya hell of payment padatka ў at dachynenn_ yes padatka ў on the income і mayomasts of March 26, 1996.

10. Articles 10, 11 and 13 Pagadnennja pam_zh Uradam Respubl_k_ Belarus і Uradam Cheshskay Respubl_k_ ab pazbyagann_ dvaynoga padatkaabkladannya і papyaredzhann_ ¸kh_lennya hell of payment padatka ў at dachynenn_ yes padatka ў on the income і mayomasts of October 14, 1996 (in Pratacol da Pagadnennja's edition pam_zh Uradam Respubl_k_ Belarus і Uradam Cheshskay Respubl_k_ ab pazbyagann_ dvaynoga padatkaabkladannya і papyaredzhann_ ¸kh_lennya hell of payment padatka ў at dachynenn_ yes padatka ў on the income і mayomasts hell 14 kastrychn_k of 1996 of August 11, 2010).

11. Articles 10, 11 and 13 Pagadnennya pam_zh Uradam Respubl_k_ Belarus і Uradam Respubl_k_ Balgaryya ab pazbyagann_ padatkaabkladannya ў dachynenn_ yes padatka ў on the income і kap_tat dvaynog of December 9, 1996.

12. Articles 10, 11 and 13 Pagadnennya pam_zh Respubl_kay Belarus і Estonskay Respubl_kay ab pazbyagann_ dvaynoga padatkaabkladannya і papyaredzhann_ ¸kh_lennya hell of payment padatka ў at dachynenn_ yes padatka ў on the income from January 21, 1997.

13. Articles 10, 11 and 13 Pagadnennya pam_zh Uradam Respubl_k_ Belarus і Uradam Rumyn іі ab pazbyagann_ dvaynog padatkaabkladannya і papyaredzhann_ ¸kh_lennya padatka ў at dachynenn_ yes padatka ў on the income і kap_tat hell of payment of July 22, 1997.

14. Articles 10, 11 and 13 Kanventsy_ pam_zh Uradam Respubl_k_ Belarus і Uradam Respubl_k_ K_pr ab pazbyagann_ dvaynoga padatkaabkladannya і papyaredzhann_ ¸kh_lennya hell of payment padatka ў at dachynenn_ yes padatka ў on the income і mayomasts of May 29, 1998.

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