RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of December 30, 2007 No. 219

About approval of Rules of payment of the VAT in case of payment of cost of goods (works and services) acquired on electronic delivery note invoice, the issued taxpayer, accounting on the deposit account VAT, movements of the VAT, compensation of the VAT from the transactions made on this account and its transfers in the government budget

For the purpose of ensuring execution of Item 1.4 of the Presidential decree of the Azerbaijan Republic of December 14, 2007 "About application of the Law of the Azerbaijan Republic "About entering of amendments and changes into the Tax code of the Azerbaijan Republic" of November 6, 2007 No. 472-IIIGD" the Cabinet of Ministers of the Azerbaijan Republic decides No. 675:

1. Approve "Rules of payment of the VAT in case of payment of cost of goods (works and services) acquired on electronic delivery note invoice, the issued taxpayer, accounting on the deposit account VAT of movement of the VAT, compensation of the VAT from the transactions made on this account and its transfers in the government budget" it (is applied).

2. This resolution becomes effective since January 1, 2008.

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of December 30, 2007 No. 219

Rules of payment of the VAT in case of payment of cost of goods (works and services) acquired on electronic delivery note invoice, the issued taxpayer, accounting on the deposit account VAT, movements of the VAT, compensation of the VAT from the transactions made on this account and its transfers in the government budget

1. General provisions

1.1. These rules are prepared for the purpose of ensuring execution of Item 1.4 of the Presidential decree of the Azerbaijan Republic "About application of the Law of the Azerbaijan Republic "About entering of amendments and changes into the Tax code of the Azerbaijan Republic" of December 14, 2007 No. 675 and establish rules of payment of the VAT in case of payment of cost of goods (works and services) acquired on electronic delivery note invoice, the issued taxpayer and accounting on the deposit account VAT, movements of the VAT, making of transactions on this account, and also compensations of the VAT and its transfer in the government budget and into the corresponding deposit account of the state customs authorities opened in treasurer bodies.

1.2. The deposit account of the value added tax - single treasury account on which the transactions connected with receipt, accounting, movement of the VAT and its transfer in the government budget are made.

The deposit account VAT is opened in the Agency of the State Treasury (further - AGK). The relations between AGK and bank are regulated by bank account agreement.

The subaccounting account of the VAT - the count sheets opened in the Ministry of taxes of the Azerbaijan Republic for the purpose of accounting of the VAT amounts which arrived on the deposit account VAT on taxpayers.

Individual identification number - the single not repeating code assigned by means of the special software in the automated mode for the citizen of the Azerbaijan Republic, including the foreigner and the person without citizenship who is constantly living or received the status of the refugee in the Azerbaijan Republic, data on which are included in the State Register of the Population of the Azerbaijan Republic.

1.3. If other is not stipulated by the legislation, the VAT amount, paid upon purchase of goods (works, services) in transactions, liable to VAT, is subject to compensation in case of payment of cost of transaction on bank and other payment account and VAT amounts for the deposit account VAT. For the purposes of this Item barter of goods (works, services) is equated to payment of cost of this transaction excluding VAT on bank and other payment account of person providing goods (works, services).

1.4. The cost of goods (works, services) excluding VAT specified in electronic invoices by person who received goods (works, services) (further - the buyer), shall be enlisted on bank and other payment account of person which provided these goods (works, services) (further - the seller), and VAT amount - on the deposit account VAT.

1.5. In the electronic delivery notes invoices represented to the buyer delivering goods (works, services) the seller, deposit account details of the VAT provided for transfer of VAT amount shall be specified.

1.6. Persons acquiring residential and non-residential premises at persons performing construction activities, cost of residential and non-residential premises excluding VAT, specified in the electronic invoice, the agreement, the receipt or the check, the VAT-on amount the deposit account VAT is subject to transfer to bank and other payment account of person performing construction activities, and.

1.7. In electronic delivery note invoice, the agreement, the receipt or the check provided to the buyer by person who is engaged in activities for construction of buildings deposit account details of the VAT intended for transfer of VAT amount are specified.

1.8. In the electronic delivery note invoice, the receipt, the check represented to the buyer by person who is engaged in retail trading activity, deposit account details of the VAT provided for transfer of VAT amount are specified to the agricultural products made in the territory of the Azerbaijan Republic. Buyers of these products shall list the non-cash cost of agricultural products specified in the receipt, the check, the electronic invoice on bank and other payment account of person which provided it, and the VAT amount added from the trade allowance - on the deposit account VAT.

2. Receipt of funds on the deposit account VAT

2.1. Means arrive on the deposit account VAT from the following sources, but without being limited to them:

* from own bank and other payment accounts of the taxpayer who is on accounting of the VAT;

* from bank and other payment accounts of other taxpayers;

from payments of persons which purchased the living and non-residential spaces from persons who are engaged in activities for construction of buildings;

from payments of buyers in case of retail trade by the agricultural products made in the territory of the Azerbaijan Republic.

2.2. The VAT amount which is subject to payment on the electronic delivery notes invoices provided for goods purchased (works, services), is transferred into the deposit account VAT by the taxpayer, including the state-financed organizations which are not on accounting for the purpose of the VAT, the state companies, legal entities, more than 50 percent of shares and which shares belong to the state, based on payment orders.

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