Letter of the Main state tax authorities of Turkmenistan

Ref. No. 11/1 of January 2, 1997

To the state tax authorities of Turkmenistan

Due to the arising questions on application of the Instruction of the Main state tax authorities of Turkmenistan of November 8, 1995 N 10 "About procedure for calculation and payment in the budget of tax on the income of small enterprises", the Main state tax authorities of Turkmenistan explain the following.

According to the Presidential decree of Turkmenistan of June 21, 1995 "About simplification of the taxation of small enterprises" and resolutions of the president of Turkmenistan of August 3, 1995 N 2313 "About stimulation of producers in the non-state sector of economy" belong to small enterprises the companies irrespective of patterns of ownership and legal form, types of activity operating and which are again created in the territory of Turkmenistan with average number working to 15 people, including working according to works agreements and in combination and the companies of the non-state sector of economy making products with number working (including working according to works agreements and in combination) to 50 people.

In practice of calculation of average number of working incomplete numbers can meet decimal shares that is 14.9 (fourteen whole, nine tenth) and respectively 49.9 (forty nine whole, nine tenth) the person and so on. In these examples these companies will be treats small enterprises. The companies with number working respectively 15 and above and 50 and above, cannot treats small enterprises.

The above-stated legal acts small enterprises are tax-exempt on value added, the income taxes, property and tax on excess of payments from the salary fund.

However, in case of accomplishment of construction works by economic method (own forces, for the needs), small enterprises according to Item 18 of the Instruction of the Main state tax authorities of Turkmenistan of January 21, 1994 No. 3 "About procedure for calculation and tax discharge on value added", will be taxpayer on value added on this construction.

In case of taxation of the income of small enterprises it is necessary to consider that according to Item 1 of article 5 of the Law of Turkmenistan "About the income tax" of October 8, 1993, (Item 27 of the Section V of the Instruction of the Main state tax authorities of Turkmenistan "About procedure for calculation and payment in the budget of the income tax"), the companies separately from the income tax pay taxes on the following income types (profit):

- the income (dividends, percent) received according to the shares, bonds and other securities belonging to the companies, except for income gained according to government bonds or other securities and also the income from equity in activities of other companies (except income gained outside Turkmenistan) and royalty - at the rate of 15 opnvemrnb;

- the income (including from lease and other types of use of property) from casino, hire of audio and videotapes and records on them, gaming machines with winnings - at the rate of 60 percent;

- the profit got from holding mass concert and spectacular actions on the open areas, stadiums in Sports palaces in other rooms, if the number of the viewers more than 2000 people - at the rate of 60 percent.

According to article 6 of the above Law (Item 46 of the Instruction of the Main state tax authorities of Turkmenistan of July 29, 1994 N 9 "About procedure for calculation and payment in the budget of the income tax of foreign legal entities"), the amounts of the income from the freight paid to foreign legal entities in connection with implementation of international carriages are assessed at the rate of 6 percent (in the economic free enterprise zone - 3 percent).

Bring the above to the interested taxpayers.

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