The decision on approval of the Regulations on procedure for application of the value added tax and excises on deliveries of goods (services) in production cooperation when calculating between business entities of the State Parties of the Commonwealth of Independent States

of January 17, 1997

The Council of Heads of Government of the Commonwealth of Independent States for the purpose of practical implementation of the Agreement on general terms and the mechanism of support of development of production cooperation of the companies and industries of the State Parties of the Commonwealth of Independent States of December 23, 1993 solved:

approve Regulations on procedure for application of the value added tax and excises on deliveries of goods (services) in production cooperation when calculating between business entities of gosudarstvuchastnik of the Commonwealth of Independent States it (is applied).

It is made in the city of Moscow on January 17, 1997 in one authentic copy in Russian. The authentic copy is stored in the Executive secretariat of the Commonwealth of Independent States which will send to each state which signed this Decision, its verified copy.

Clause of the Republic of Belarus to Regulations on procedure for application of the value added tax and excises on deliveries of goods (services) in production cooperation when calculating between business entities of the State Parties of the Commonwealth of Independent States

"For the Republic of Belarus becomes effective from the moment of accomplishment of necessary interstate procedures."

Special opinion of the Kyrgyz Republic according to the draft of the Agenda of meeting of Council of Heads of Government of the Commonwealth of Independent States of January 16, 1997 "About Regulations on procedure for application of the value added tax and excises on deliveries of goods (services) in production cooperation when calculating between business entities of the State Parties of the Commonwealth of Independent States"

Due to the change of MEKA of the text of the Provision which is earlier accepted by Board, in particular, withdrawal of Item from it we consider 7, necessary to keep in the text this Item in old edition:

"Export to the State Parties of the CIS of the end products made by the companies, associations and the organizations of these states with use of goods (services) delivered within production cooperation is performed without tax on addition cost and excises. Realization of end products in the states is made according to their existing national tax legislations".

Regulations on procedure for application of the value added tax and excises on deliveries of goods (services) in production cooperation when calculating between business entities of the State Parties of the Commonwealth of Independent States

1. This Provision is developed according to the Agreement on general terms and the mechanism of support of development of production cooperation of the companies and industries of the State Parties of the Commonwealth of Independent States of December 23, 1993 (further - the Agreement) and the Protocol on the mechanism of implementation of the Agreement on general terms and the mechanism of support of development of production cooperation of the companies and industries of the State Parties of the Commonwealth of Independent States of April 15, 1994 (further - the Protocol).

The provision determines procedure for application of the value added tax and excises by deliveries of goods (services) in production cooperation when calculating between business entities of gosudarstvuchastnik of the Commonwealth on the basis of the signed interstate industry and cross-industry agreements on terms of agreement and the Protocol.

2. Deliveries of goods in cooperation are understood as supply of raw materials, the materials, nodes, details, spare parts, procurements, semifinished products, component parts and other products of industry and cross-industry appointment (except for separate types of the material resources, specific to each state) which are technologically interconnected and necessary for joint production of end products.

Provision of services is understood as project, repair work, maintenance and technological transactions.

3. Calculations for goods (services) delivered by business entities of the State Parties of the Commonwealth according to contracts (agreements) signed according to the Protocol on the basis of interstate industry and cross-industry agreements on production cooperation are made at the free (market) prices and rates without collection of the value added tax and excises.

4. In case of shipment of goods and provision of services in accordance with the terms of deliveries in production cooperation settlement documents are written out without allocation of tax amounts on value added, on them the text (the stamp is put) "excluding VAT", in on excise goods - text "without excises" becomes with reference to the Agreement.

5. Determine that compensation of the tax amounts on value added paid by business entities of gosudarstvuchastnik of the Commonwealth to suppliers - to the legal entities registered in the territory of these states as taxpayers (on the material resources, services of production appointment used for production of goods (services) realized within the Agreement), is in full made at the expense of means of their government budgets by offsetting of the amounts of the paid value added tax when settlings with tax authorities.

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