PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of March 4, 2024 No. 77

About tax exemption on value added

For the purpose of stimulation of upgrade of productions and increase in competitiveness of economy:

1. Determine that when importing to the territory of the Republic of Belarus are exempted from the value added tax processing equipment, accessories and spare parts to it included in the list of processing equipment, accessories and spare parts to it determined by Council of Ministers of the Republic of Belarus which analogs are not made in the Republic of Belarus.

The basis for tax exemption on value added of the goods specified in part one of this Item is submission to customs authority (tax authority - when importing from the territory of state members of the Eurasian Economic Union) the conclusions of the authorized body determined by Council of Ministers of the Republic of Belarus about lack in the Republic of Belarus of production of analogs of processing equipment, accessories and spare parts to it. The procedure for issue of the conclusion is determined by the legislation on ministerial procedures.

The processing equipment imported with the tax exemption on value added established in part one of this Item, within one year from the date of its release according to the declared customs procedure (from the date of its obtaining, specified in transport (consignment) documents, - for the processing equipment imported from the territory of state members of the Eurasian Economic Union) shall be accepted the customs applicant (payer) to accounting as fixed asset objects. For date of the direction of the reports specified in part five of this Item, the imported processing equipment shall be used in case of production and (or) sales of products, performance of works, rendering services.

The accessories and spare parts to processing equipment imported with the tax exemption on value added established in part one of this Item, within six months from the date of their release according to the declared customs procedure (from the date of their obtaining, specified in transport (consignment) documents, - for accessories and spare parts to processing equipment imported from the territory of state members of the Eurasian Economic Union) shall be used by the customs applicant (payer) in case of repair, upgrade, restoration of processing equipment, carrying out other similar works concerning it.

About observance of the requirements provided in parts three and the fourth this Item:

the customs applicant informs the customs authority which performed release of goods according to customs procedure by the direction of the report on the form established by the State Customs Committee no later than the 20th following after month of the expiration of one year (for processing equipment) and six months (for accessories and spare parts to processing equipment) from date of issue of goods according to the declared customs procedure;

the payer informs tax authority in the place of its registration by the direction of the report on the form established by the Ministry of Taxes and Tax Collection no later than the 20th following after month of the expiration of one year (for processing equipment) and six months (for accessories and spare parts to processing equipment) from the date of receipt of the goods imported from the territory of the state members of the Eurasian Economic Union specified in transport (consignment) documents.

2. Violation of the terms determined in parts five of Item 1 of this Decree, non-compliance with the requirements provided in parts three and the fourth Item 1 of this Decree are violation of the conditions of tax exemption on value added established by this Decree.

Is not recognized violation of the conditions of tax exemption on value added established by this Decree, transfer of the imported goods within one legal entity in case of observance by the receiving party of the requirements provided in parts three and the fourth Item 1 of this Decree.

In case of violation of the conditions of tax exemption on value added established by this Decree, the value added tax is paid collected) according to the tax legislation, the legislation on customs regulation.

3. Operation of this Decree does not extend to the processing equipment, accessories and spare parts to it imported (imported) for the purpose of implementation of investment projects:

within the investment agreements registered in the State register of investment agreements, and exempted according to the legislation from the value added tax levied by customs authorities;

financed by the external state loans and external loans attracted under guarantees of the Government of the Republic of Belarus;

included in the State program of innovative development of the Republic of Belarus, and exempted according to the legislation from the value added tax levied by customs authorities.

4. To Council of Ministers of the Republic of Belarus in three-months time to take measures for implementation of this Decree.

5. This Decree becomes effective in the following procedure:

item 4 and this Item - after official publication of this Decree;

other provisions - in three months after official publication of this Decree.

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