LAW OF THE REPUBLIC OF TAJIKISTAN

of December 12, 1997 No. 513

About simplified taxation system, accounting and the reporting for small business entities

This Law determines the legal basis of maintaining and application of simplified taxation system, accounting and the reporting for small business entities.

Article 1. General provisions

The simplified taxation system, accounting and the reporting - legal entities (further the organizations) is applied to small business entities along with the system of the taxation, accounting and the reporting provided by the laws and regulatory legal acts of the Republic of Tajikistan accepted earlier.

Application of simplified taxation system, accounting and the reporting by the organizations falling under operation of this Law provides replacement of payment of set of the taxes and fees established by the laws of the Republic of Tajikistan with payment of the single tax estimated by results of economic activity of the organization for the accounting period.

For the organizations applying simplified taxation system, accounting and the reporting the operating payment procedure of customs payments, the state fees, tax on acquisition of vehicles, the license fees, assignments on social insurance remains.

The organizations applying simplified taxation system, accounting and the reporting are granted the right of execution of source documents of accounting records and ledger maintenance of accounting of the income and expenses in the simplified form, including without application of method of double record, the chart of accounts and observance of other requirements provided by relevant provision about financial accounting and the reporting.

The simplified form of source documents of accounting records and ledger maintenance of accounting of the income and expenses is established by the Ministry of Finance of the Republic of Tajikistan and is single in all territory of the republic.

For the organizations applying simplified taxation system, accounting and the reporting the operating procedure for conducting cash transactions and submission of the necessary statistical reporting remains.

Article 2. Subjects of simplified taxation system, accounting and reporting

Action of the asked system of the taxation, accounting and the reporting extends to the organizations with extreme number working (including working according to works agreements and other agreements) to 15 people irrespective of type of the activities performed by them.

Extreme number working for the organizations includes number working in their branches and divisions.

The organizations occupied with production of excisable products, credit institutions, insurers, investment funds, professional participants wound of securities, the companies of gambling and entertaining business and business entities of other categories for which the Ministry of Finance of the Republic of Tajikistan establishes special procedure for financial accounting and the reporting do not fall under action of simplified taxation system, accounting and the reporting.

Small business entities have the right in the procedure provided by this Law to pass to simplified taxation system, accounting and the reporting if within the year preceding quarter in which there was filing of application on the right of application of simplified taxation system of accounting and the reporting, the cumulative size of gross revenue of this taxpayer did not exceed the amount of the forty-thousand established minimum size of the salary on the date of quarter in which there was filing of application.

The newly created organizations which submitted the application for the right of application of simplified taxation system, accounting and the reporting are considered as subjects of simplified taxation system, accounting and the reporting from that quarter in which they are in accordance with the established procedure registered.

Article 3. The taxation objects of the organizations in simplified taxation system, accounting and the reporting

Subject to taxation by the single tax of the organizations and simplified taxation system, accounting and the reporting establishes gross revenue for the accounting period.

The gross revenue is estimated as the amount of revenue received from sales of goods (works, services), selling price of the property realized for the accounting period and unrealized incomes.

Article 4. Flat tax rates

For the small business entities applying simplified taxation system, accounting and the reporting the following flat tax rates from gross revenue, subject to transfer are established:

in the republican budget - in the amount of 3 percent from the amount of gross revenue with transfer into the special account of support of small business;

in the local budget - in the amount of 7 percent of the amount of gross revenue.

Article 5. Procedure for application of simplified taxation system, accounting and reporting

The official document certifying the right of application by small business entities of simplified taxation system, accounting and the reporting is permission, the statement of the organization issued for a period of one calendar year by tax authorities in the place on tax accounting.

The form of permission is established by the Tax Committee under the Government of the Republic of Tajikistan and is single in the vvy territory of the Republic of Tajikistan.

Permission is issued to the organizations by tax authorities in the place of their statement on tax accounting on the basis of the written application submitted not later than one month prior to the beginning of the next quarter in case of observance of the following conditions:

if total number of the workers occupied in the organization does not exceed the extreme number established according to this Law;

if the organization has no overdue debt on tax payment and other obligatory payments for the previous accounting period;

if the organization hands timely over necessary calculations for taxes and accounting records for the previous accounting period;

if the organization has opportunity to record revenue amounts by means of machines.

Branches and divisions, being taxpayers, represent to tax authority in the place of statement on tax accounting notarized copies of the permissions issued to the organization not later than 15 days prior to the beginning of the next quarter.

The decision on transition of the organization to simplified taxation system, accounting and the reporting or motivated refusal of it is taken out by tax authority in 15-day time from the date of filing of application of the organization.

In case of receipt of permission in tax authority the organization represents for registration the book of accounting of the income and expenses in which names of the organization, the location, numbers of the settlement and other accounts opened in organizations of banks are specified. The tax authority on the first page of the book of accounting of the income and expenses fixes registration number of permission and date of its issue. In case of issue of permission it is filled in as well its duplicate which is stored in tax authority.

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