of December 19, 2002 No. 166-Z
It is accepted by the House of Representatives on November 15, 2002
Approved by Council of the Republic on December 2, 2002
General part
This Code installs system of taxes, charges (duties) levied in republican and local budgets, the basic principles of the taxation in the Republic of Belarus governs the imperious relations on establishment, introduction, change, cancellation of taxes,
charges (duties) and the relations arising in the course of execution of the tax liability, implementation of tax control, appeal of decisions of tax authorities, actions (failure to act) of their officials and also establishes the rights and obligations of taxpayers, charges (duties), tax authorities and other participants of the tax relations.
1. The taxation in the Republic of Belarus is based on the following principles:
1.1. legality of the taxation.
To anybody the obligation cannot be assigned to pay taxes, charges (duties), and also other payments which are not provided by this Code or established in other procedure having the signs of taxes, charges (duties) established by this Code than it is determined by the Constitution of the Republic of Belarus, this Code, the laws determined by part one of Item 8 of Article 3 of this Code, acts of the President of the Republic of Belarus. All participants of the tax relations shall observe the tax legislation;
1.2. obligation of the taxation.
Each person shall pay legally established taxes, charges (duties) on which this person is recognized the payer;
1.3. equalities of the taxation.
Taxes, charges (duties) cannot have discrimination nature and be established proceeding from racial, national, religious and other criteria. The regulations of this Code determining the bases and procedure for application of tax benefits cannot have individual character;
1.4. presumptions of conscientiousness of the taxpayer, charges (duties).
The taxpayer, charges (duties) is recognized fair until other is proved based on documentary confirmed data;
1.5. justice of the taxation.
The same taxation object can be assessed with the same tax, collection (duty) at one payer only once for the corresponding tax period;
1.6. stability of the tax legislation.
Taxes, charges (duties) established by this Code for the next financial year are not subject to change within this financial year;
1.7. publicity of the tax legislation.
The regulatory legal acts regulating the tax matters are subject to official publication according to the procedure, established by the legislation;
1.8. economic justification of the taxation.
Taxes, charges (duties) are established taking into account need of ensuring balance of expenses republican and local budgets with their income, and amount of the income from tax payment, charges (duties) shall exceed costs for their administration.
2. Establishment of the taxes, charges (duties) and privileges on their payment causing damage to homeland security of the Republic of Belarus, its territorial integrity, political and financial stability, including limiting free movement of physical persons, movement of goods (works, services) or financial resources within the territory of the Republic of Belarus or creating in defiance of the Constitution of the Republic of Belarus and the legal acts adopted according to it other obstacles for implementation of entrepreneurial and other organization activity and physical persons, except prohibited by legal acts is not allowed.
1. The tax legislation – system of regulatory legal acts which includes:
Constitution of the Republic of Belarus;
this Code;
the laws determined by part one of Item 8 of this Article;
acts of the President of the Republic of Belarus;
the resolutions of Council of Ministers of the Republic of Belarus regulating the tax matters and accepted on the basis and in pursuance of of this Code, the laws determined by part one of Item 8 of this Article, and acts of the President of the Republic of Belarus;
the regulatory legal acts of republican state bodies, local authorities and self-government regulating the tax matters and published in the cases and limits provided by this Code, the laws determined by part one of Item 8 of this Article, acts of the President of the Republic of Belarus and resolutions of Council of Ministers of the Republic of Belarus.
Inclusion of the provisions regulating the tax matters in other acts of the legislation is forbidden.
2. Provisions of the regulatory legal acts adopted on the basis and in pursuance of of this Code cannot contradict provisions of this Code, and equally go beyond content of these provisions or the powers conferred by them to relevant organ.
3. The Item is excluded according to the Law of the Republic of Belarus of 31.12.2021 No. 141-Z
4. The Item is excluded according to the Law of the Republic of Belarus of 31.12.2021 No. 141-Z
5. The collision of the regulatory legal acts regulating the tax matters is allowed according to the procedure, established by the legislation on rule-making activities.
6. Application of acts of the tax legislation by analogy is not allowed.
In case of identification of gaps in the tax legislation (legal regulation), internal contradictions in the acts of the tax legislation or other shortcomings creating legal uncertainty, decisions shall be made for benefit of taxpayers, charges (duties).
7. The acts of the tax legislation including establishing or canceling taxes, charges (duties) raising or lowering the tax rates establishing or canceling the tax benefits changing procedure for calculation and tax payment, charges (duties) are applied from the moment of (date) of their introduction in force and extend the action to the tax or accounting periods on which respectively a date of the actual realization, date of the actual income acquisition, other similar date fall if other is not provided by the laws or acts of the President of the Republic of Belarus.
The acts of the tax legislation canceling taxes, charges (duties) lowering the tax rates establishing the tax benefits eliminating the obligations of payers otherwise improving their provision can have retroactive force if directly provide it.
8. Features of legal regulation of the tax matters in relation to spheres of implementation of investment projects in the Republic of Belarus, provisions and uses of foreign free aid, the address of digital signs (tokens), to the relations within the agreement of convertible loan, to the relations connected with creation by the individual entrepreneur of the commercial organization established by one person, activities of residents of the Park of high technologies, activities in the territory of average, small, other certain residential locations, the rural zone can be determined by other laws which in this part have big legal force in relation to this Code.
Features of legal regulation of the relations regulated by this Code can be established by the president of the Republic of Belarus.
The term established by the tax legislation is determined calendar date or the expiration of the period which is estimated for years, calendar years, quarters, months, weeks or days. Term can be determined also by specifying on event which shall come or take place, or on action which shall be made.
The current of the term established for approach of event, making of action and estimated for years (except for calendar year), months, weeks or days, begins next day after calendar date, approach of event or making of action which determine its beginning. The term estimated for years, except for calendar year expires in the corresponding month and number of the last year of term. At the same time year, except for calendar year, any period consisting of twelve calendar months following in a row is recognized.
The term estimated calendar years expires on December 31 the last calendar year of term. At the same time the period from January 1 to December 31 calendar year is recognized. If the beginning of current of such term is specifying on event which shall come, or on action which shall be made, the period from the date of approach of event or making of action till December 31 first calendar year of such term is recognized.
The term estimated quarters expires in the last day of the last month of term. At the same time quarter is considered to equal three months, counting of quarters is conducted since the beginning of calendar year.
The term estimated for months expires in the corresponding month and number of the last month of term. If the termination of term falls on month in which there is no corresponding number, then term expires in the last day of this month.
The term estimated for weeks expires in the last working day of the last week of term. At the same time the period consisting of five working days, the following in a row is recognized week.
In cases when the last day of the term established for action making falls on the day recognized according to the legislation in the day off and (or) non-working public holiday (in the non-working holiday), the next working day following it is considered day of the termination of term.
Action for which making fixed term, it shall be made no later than twenty four hours of the last day of term.
Calculation of terms for the purposes of payment (collection) of customs payments is made according to the customs legislation.
1. The Republic of Belarus recognizes priority of the conventional principles of international law and provides compliance to them of the tax legislation.
2. If regulations of international treaties of the Republic of Belarus establish other regulations, than those which are provided by this Code and other legal acts then are applied regulations of the international treaty if other is not established by part two of this Item.
If this Code and (or) other legal acts provide more preferential terms of the taxation, than those which are established by the international treaty of the Republic of Belarus, except for the international treaties of the Republic of Belarus regulating mutual trips of citizens, and the international treaties constituting the right of the Eurasian Economic Union then are applied provisions of this Code and (or) other legal acts.
1. Tax the obligatory individual non-paid payment levied from the organizations and physical persons in the form of alienation of belonging to them on the property right, economic maintaining or operational management of money in republican and (or) local budgets is recognized.
2. Collection (duty) the obligatory payment in republican and (or) local budgets, levied from the organizations and physical persons, as a rule, in the form of one of making conditions concerning their state bodies, including local councils of deputies, executive and administrative organs, other authorized organizations and officials, legally significant actions is recognized.
3. The payments made within the relations which are not regulated by this Code and other acts of the tax legislation and also payments in the form of penalties or other sanctions for violation of the law are not taxes, charges (duties).
4. In case of establishment of taxes all elements of the taxation shall be determined. Otherwise the tax is considered unspecified and is not subject to payment.
5. The tax is considered established in case payers and the following elements of the taxation are determined:
taxation object;
tax base;
tax rate (rates);
tax period (in case of possibility of its determination);
procedure for calculation;
procedure and payment due dates.
6. In case of establishment of collection (duty) his payers, subjects to taxation, rate, payment due dates and if necessary other elements of taxation in relation to specific charges (duties) are determined.
7. In case of establishment of tax, collection (duty) tax benefits and the bases for their use can be provided.
1. In the Republic of Belarus republican taxes, charges (duties) and the local taxes and charges are established.
2. Taxes, charges (duties) established by this Code, either the President of the Republic of Belarus, or the international treaties constituting the right of the Eurasian Economic Union, and obligatory to payment in all territory of the Republic of Belarus are recognized republican.
3. The taxes and fees established by regulatory legal acts of local councils of deputies according to this Code and obligatory to payment in the corresponding territories are recognized local.
Treat republican taxes, charges (duties):
value added tax;
excises;
income tax;
tax on the income of the foreign organizations which are not performing activities in the Republic of Belarus through permanent mission;
the income tax from physical persons;
real estate tax;
land tax;
ecological tax;
tax for production (withdrawal) of natural resources;
offshore collection;
stamp tax;
consular fee;
state fee;
patent fees;
customs duties and customs fees, customs payments concerning goods for private use;
utilization collection;
vehicle tax;
collection for placement (distribution) of advertizing.
Treat the local taxes and charges:
tax for ownership of dogs;
resort collection;
collection from suppliers.
1. Specific mode of the taxation the special procedure for calculation and tax payment, charges (duties) applied in the cases and procedure established by the Special part of this Code or the President of the Republic of Belarus is recognized.
2. The specific mode of the taxation is applied to payers:
tax in case of simplified taxation system;
the single tax from individual entrepreneurs and other physical persons;
the single tax for producers of agricultural products;
tax on gaming;
tax on the income from implementation of lottery activities;
tax on the income from holding video interactive games;
collection for implementation of craft activity;
tax on the professional income;
collection for implementation of activities for rendering services in the sphere of agroecotourism.
3. In case of establishment of specific modes of the taxation payers and elements of the taxation, and also tax benefits are determined according to the procedure, provided by this Code or the President of the Republic of Belarus.
4. Establishment, introduction, change and cancellation of specific modes of the taxation are performed according to the procedure, provided for establishment, introduction, change and cancellation of republican taxes, charges (duties).
1. Establishment, introduction, change and cancellation of republican taxes, charges (duties) are performed by adoption of law on modification and (or) amendments in this Code and (or) publications of the act of the President of the Republic of Belarus, and establishment, change of payers and separate elements of taxation in relation to customs payments - also international treaties and acts constituting the right of the Eurasian Economic Union.
2. The laws on establishment, introduction new, in addition to provided by this Code, or cancellation of the imposed republican taxes, charges (duties), and also about modification of the operating republican taxes, charges (duties) regarding determination of payers, the taxation objects, tax base, the tax rates, tax period, tax benefits, procedure for calculation, procedure and payment due dates are accepted before approval of the republican budget for the next financial year and become effective not earlier than January 1 of the year following after year of their acceptance.
1. Establishment, introduction, change and cancellation of the local taxes and charges are performed according to this Code acceptance of regulatory legal acts of the Minsk city council of deputies, local councils of deputies of basic territorial level.
2. The Minsk city council of deputies, local councils of deputies of basic territorial level has the right to establish, enact or not to establish, not to enact local tax and (or) collection or to terminate the local tax and (or) collection which are earlier entered by them.
3. Regulatory legal acts about establishment, introduction and cancellation of the local taxes and charges, and also about modification of the operating local taxes and charges regarding determination of the tax rates, tax benefits, procedure for calculation, procedure and payment due dates are accepted in need of monthly term from the date of adoption of law on modification and (or) amendments in this Code and become effective not earlier than January 1 of the year following after year of its acceptance.
1. The terms of the civil law and other branches of law used in this Code are applied in those values in what they are used in these branches of law if other is not established by this Code.
2. For the purposes of of this Code the following terms and their determinations are used:
2.1. auditor services – services in carrying out audit of business and tax accounting, tax declarations (calculations) for taxes, charges (duties), the accounting and (or) financial reporting, and also other services referred according to the legislation on auditor activities to auditor services;
2.2. accounting services – services in statement, maintaining, financial accounting recovery, creation and (or) submission of accounting and (or) financial and other records;
2.3. state-financed organization – the organization recognized the Republic of Belarus, that according to the Budget code;
2.4. dividends – the income added by the organization (except particular partnership) to the participant (shareholder) on the shares (shares, shares) belonging to this participant (shareholder) according to the procedure of profit distribution remaining after the taxation and also the income from trust management of the property constituting the mutual investment fund paid to the owner of investment shares on the investment shares belonging to it (except for parts of the means received in connection with the termination of existence of this fund).
Any income added by the unitary enterprise to the owner of its property – to legal entity or physical person according to the procedure of profit distribution, remaining after the taxation, and also falling to the share of the left (excluded) member of economic society part of profit, remaining after the taxation, received by this society from the moment of exit (exception) of this participant until settling with him is equated to dividends;
2.5. design services – services in designing of art forms, appearance of products, facades of buildings, interiors of rooms, art designing;
2.6. the income – the economic benefit determined according to the tax legislation in cash or natural form considered in case of possibility of its assessment and in that measure in which such benefit can be estimated;
2.6-1. single property payment – the total amount of the real estate tax, land tax and vehicle tax which is subject to payment by physical person.
Payment, collection of single property payment, and also offsetting (return) of excessively paid amounts of such payment are performed according to the procedure, established by this Code for taxes;
2.7. identical works (services) – works (service), the main signs, having identical characteristic of them;
2.8. identical goods – goods, the main signs, having identical characteristic of them, if other is not established for determination of customs value of goods by the customs legislation. In case of determination of identity of goods their physical characteristics, quality, the trademark, functional purpose and reputation in the market, country of source and the producer are considered, in particular. At the same time insignificant distinctions in appearance of such goods can not be considered;
2.9. property rights – the rights following from contractual and not contractual relations including arising concerning determination of destiny of property connected with its ownership, use and the order, property rights on intellectual property items;
2.10. engineering services – engineering and consulting services in preparation of production process and sales of goods (works, services), preparation of construction and operation of industrial, infrastructure, agricultural and other facilities, and also preproject and project services (preparation of feasibility statements, design developments, technical testing and the analysis of results of such testing);
2.11. other obliged person – person to who according to this Code and other acts of the tax legislation execution of the tax liability of the payer is assigned or which according to the customs legislation performs with the payer solidary duty on customs payment;
2.12. the foreign organization, the foreign individual entrepreneur, the other person who is the taxpayer according to the legislation of foreign state (further in this subitem – the foreign organization, the foreign individual entrepreneur), the rendering services electronically:
the foreign organization, the foreign individual entrepreneur who render services electronically which place of realization the territory of the Republic of Belarus, to buyers of the Republic of Belarus, the corresponding criteria, the certain Item 2 of Article of 141 of this Code (further – buyers of services of the Republic of Belarus) perfroming calculations with them for the rendered services is recognized (further – the foreign person rendering services electronically);
the foreign organization, the foreign individual entrepreneur who will organize rendering services electronically of the foreign organization (the foreign individual entrepreneur) to buyers of services of the Republic of Belarus, and also settlings with such buyers of services (further – the foreign intermediary in calculations for services electronically);
the foreign organization, the foreign individual entrepreneur who will organize rendering services electronically of the Belarusian organization (the Belarusian individual entrepreneur, the other person who is the taxpayer, charges (duties) of the Republic of Belarus) to buyers of services, and also settlings with such buyers of services (further – the foreign intermediary in settlings with the Belarusian service provider electronically).
The foreign organization, the foreign individual entrepreneur which authorize other organization, other individual entrepreneur on collection of payment from buyers of services of the Republic of Belarus for their acquisition, but independently establish conditions of their rendering, including the payments having no right to specify other person as the foreign organization, the foreign individual entrepreneur rendering services electronically;
2.12-1. the foreign organization, the foreign individual entrepreneur, the other person who is the taxpayer according to the legislation of foreign state (further in this subitem – the foreign organization, the foreign individual entrepreneur) performing electronic remote sales of goods:
the foreign organization, the foreign individual entrepreneur which perform electronic remote sales of goods to buyers of the Republic of Belarus, to the corresponding criteria, the certain Item 2 of Article 141-1 of this Code (further – buyers of goods of the Republic of Belarus) perfroming calculations with them for the delivered goods (further – the foreign person performing electronic remote sales of goods to buyers of the Republic of Belarus);
the foreign organization, the foreign individual entrepreneur who will organize electronic remote sales of goods of the foreign organization (the foreign individual entrepreneur) to buyers of goods of the Republic of Belarus, and also settlings with such buyers of goods (further – the foreign intermediary in calculations in case of electronic remote sales of goods);
the foreign organization, the foreign individual entrepreneur who will organize electronic remote sales of goods of the Belarusian organization (the Belarusian individual entrepreneur, the other person who is the taxpayer, charges (duties) of the Republic of Belarus) to buyers of goods, and also settlings with such buyers of goods (further – the foreign intermediary in settlings with the Belarusian supplier in case of electronic remote sales of goods).
The foreign organization, the foreign individual entrepreneur which authorize other organization, other individual entrepreneur on collection of payment from buyers in case of electronic remote sales of goods, but independently establish sales terms and deliveries of these goods having no right to specify other person as the foreign organization, the foreign individual entrepreneur performing electronic remote sales of goods;
2.13. consulting services – services in provision of explanations, recommendations and other forms of consultations, including determination and (or) assessment of problems and (or) opportunities of person, on managerial, economic, financial (including tax and accounting) to questions, and also concerning planning, the organization and implementation of business activity, personnel management;
2.14. marketing services – the services connected with research, the analysis, planning and forecasting in the sphere of production and the goods circulation (works, services), rendered for the purpose of taking measures to creation of necessary economic conditions for production and the goods circulation (works, services), including their characteristic, development of price strategy and strategy of advertizing, and also provided through the global computer Internet (further – the Internet) the services rendered with use of information technologies and systems in studying of the current market, the consumer choice, search promotion on the Internet of websites, trademarks (brands), services and (or) goods;
2.15. research works – carrying out the scientific research caused by the specification of the customer;
2.15-1. inactive payers – the organizations and individual entrepreneurs who for the reporting and (or) tax periods do not provide tax declarations (calculations) or are provided tax declarations (calculations) with the indicators testimonial of activities non-realization (equal to zero or equal to all indicators of tax declarations (calculations) for the accounting period preceding this accounting period).
The procedure for reference of the organizations and individual entrepreneurs to inactive payers is established by the Ministry of Taxes and Tax Collection;
2.16. uniform works (services) – works (service) which, without being identical, have similar characteristics;
2.17. uniform goods – goods which, without being identical, have similar characteristics and consist of similar components that allows them to perform the same functions and (or) to be commercially interchangeable if other is not established for determination of customs value of goods by the customs legislation. In case of determination of uniformity of goods their quality, the trademark, reputation in the market, country of source are considered, in particular;
2.18. developmental and experienced and technological (technological) works – development of sample of new product, design documentation for it or new technology;
2.19. intermediary services – services in assistance in establishment of contacts and the conclusion of transactions between producers (contractors, contractors) and consumers (customers), sellers (suppliers) and buyers, services in search and (or) provision to the customer of information on potential buyers, and also services of brokers (attorneys) and other persons, the acting on the basis of the commission agreements, the order and other similar civil agreements;
2.19-1. the appendix "Tax on the Professional Income" – the software of the Ministry of Taxes and Tax Collection applied by physical persons with use of the computer device (the smartphone, the laptop or the computer, including the tablet computer) connected to the Internet in the cases provided by Chapter 40 of this Code;
2.19-2. the professional income – the income of physical persons from activities when which implementing they have no employer and do not involve other persons according to employment and (or) civil contracts if other is not established by legal acts;
2.20. percent if other does not follow from content of this Code, – the income from debt obligations of any kind irrespective of method of their registration, including:
income in type of interest for using credits, loans;
income on securities which conditions of issue provide receipt of the income in type of percent (discount);
income according to deposit and savings certificates;
income from use of temporarily free money on accounts in banks, placements of money in deposits in National Bank, bank deposits (deposits) and other similar debt obligations (except for providing participation in profits) irrespective of method of their registration;
2.21. work – activities which results have material expression and can be implemented for requirements satisfaction of the organization and (or) physical persons;
2.22. promotion services – services in creation, distribution and placement (by means of any means and in any form) the information intended for the uncertain group of people and designed to create or maintain interest in physical person or legal entity, goods, trademarks, works, services;
2.22-1. instruments of payment – cash and non-cash, electronic money;
2.23. the providing amounts – the money deposited as ensuring fulfillment of duties on payment of customs duties, taxes, ensuring fulfillment of duties of the legal entity performing activities in the sphere of customs affairs, ensuring fulfillment of duties of Authorized Economic Operator;
2.24. the account – the account opened based on the agreement signed with bank according to the procedure, established by the bank law, the account on accounting of contribution (deposit);
2.25. the customs legislation – the international agreements of the Republic of Belarus, other international agreements and acts constituting the right of the Eurasian Economic Union, and the legislation on customs regulation regulating customs legal relationship;
2.26. customs payments – customs payments concerning goods for private use, taxes, charges (duties) levied in the republican budget by customs authorities;
2.27. goods – the property (except for property rights) realized or intended for realization if other is not established by this Code or the customs legislation;
2.28. difficult life situation – the objective circumstance (set of circumstances) which is not depending on physical person which it cannot overcome at the expense of the opportunities which are available for it, and the attracting non-execution of the tax liability;
2.29. managerial services – services in management of the organization (either its divisions, or activities of this organization), implementation of organizational and administrative, control functions concerning production, technological and (or) other processes, risks, property, purchases, sale;
2.30. service – activities which results have no material expression are implemented and consumed in the course of implementation of these activities or after its completion. Provision of property in lease (finance lease (leasing)) is not service if other is not provided by this Code in relation to separate taxes, charges (duties);
2.31. services electronically – the services rendered through the Internet it is automated with use of information technologies, including with involvement of the intermediary in calculations;
2.32. services in information processing – services in implementation of collection and generalization of information, systematization of information massifs (data) and provision in the order of the user of results of processing of this information;
2.33. services in provision of information – service in provision of information (acquaintance with information) requested by the customer;
2.34. participants of the tax relations are taxpayers, charges (duties), other obliged persons and their representatives, tax agents, tax, customs and financial bodies, state control bodies, and also authorized bodies, the organizations and officials in case of the solution of the questions carried to their competence by this Code and other acts of the tax legislation;
2.35. the financial instrument of forward transactions – the agreement which is the derivative financial instrument which cost depends on the price or other quantitative index of basic asset of the agreement, providing realization of the rights and (or) obligation fulfillment under this agreement in the future. The options, futures, forwards, swaps and other derivative financial instruments including representing combination of the listed derivative financial instruments belong to derivative financial instruments;
2.36. legal services – services of legal nature, including provision of explanations and consultations, preparation and examination of documents, representation of interests of customers in courts;
2.37. electronic trading platform – the information system intended for the organization and shopping (sales) in electronic format, access to which is provided through mobile application, the website on the Internet;
2.38. electronic remote sales of goods – sales of goods to the buyer in case of approach of set of the following conditions:
the order of goods is made by the buyer by means of the services available on electronic trading platform;
payment terms of goods and their delivery are placed (are offered) on electronic trading platform.
3. If other does not follow from content of this Code, for the purposes of of this Code the following reducings are used:
3.1. it is excluded;
3.2. bank – the bank of the Republic of Belarus, the non-bank credit and financial organization of the Republic of Belarus, "Development Bank of the Republic of Belarus" open joint stock company, Belarusian Currency and Stock Exchange open joint stock company, Asset Management Agency open joint stock company, other specialized financial organization of the Republic of Belarus which is not bank, but acts on the basis of the legal act according to which performs financial accounting according to regulatory legal acts of National Bank;
3.3. tax authorities – the Ministry of Taxes and Tax Collection and inspections of the Ministry of Taxes and Tax Collection;
3.4. state control bodies – the State Control Committee, its territorial authorities, bodies of financial investigations of the State Control Committee;
3.5. court – court of law if other is not established by this Code;
3.6. customs authorities – the State Customs Committee and customs;
3.7. financial bodies – the Ministry of Finance and local financial bodies.
1. Taxpayers, charges (duties) (further - payers) the organizations and physical persons to whom according to the tax or customs legislation the obligation is assigned are recognized to pay taxes, charges (duties).
2. Are understood as the organizations:
2.1. legal entities of the Republic of Belarus, including organizational structures of labor unions (the republican unions (associations) and other associations of labor unions (further – trade union associations)), recognized by those according to the legislation on labor unions (except for the specified structures not given the rights of the legal entity);
2.2. the foreign and international organizations, including not being legal entities;
2.3. particular partnerships (agreement parties about joint activities, except agreement parties of konsortsialny crediting);
2.4. the organizational structures of political parties, other public associations which are not specified in subitem 2.1 of this Item, republican state public associations, the Belarusian notarial chamber given the rights of the legal entity.
3. Branch, representation or other separate division of the legal entity of the Republic of Belarus (including the organizational structure of labor union (trade union association), political party, other public association, republican state public association which is not given the rights of the legal entity) which according to accounting policy of this legal entity perform financial accounting with determination of financial result on their activities and for which for making of transactions by the legal entity the account with provision of the right to dispose of money on the account to officials of these separate divisions (further – branch) is opened estimate the amounts of taxes, charges (duties) and fulfill the tax liabilities of this legal entity regarding the activities if other is not established by this Code.
4. The participant of particular partnership (cooperation agreement) to whom according to the agreement of particular partnership (cooperation agreement) business management of this partnership is assigned or which receives revenue on activities of this partnership before its distribution fulfills the tax liability of this partnership.
5. Are understood as physical persons:
citizens of the Republic of Belarus;
citizens or citizens of foreign state;
stateless persons (citizenship).
1. The Belarusian organization the organization which location is the Republic of Belarus is recognized.
2. The foreign organization the organization which location is not the Republic of Belarus is recognized.
3. The Belarusian organization has the status of the tax resident of the Republic of Belarus and fulfills the tax liabilities concerning the income from sources in the Republic of Belarus, the income from sources outside the Republic of Belarus, and also concerning the property located both in the territory of the Republic of Belarus and beyond its limits.
The foreign organization is not tax resident of the Republic of Belarus and fulfills the tax liabilities only on the activities performed in the Republic of Belarus or concerning the income from sources in the Republic of Belarus, and also concerning the property located in the territory of the Republic of Belarus.
1. The organization location (except for particular partnership) the place of its state registration is recognized if other is not established by this Article.
2. In case of absence (failure to act) of the organization for the location specified in Item 1 of this Article, the place of its stay the location of the supreme body of management of the organization (the place where its powers according to constituent documents are performed) is recognized, and in case of its absence (failure to act) - the place where powers of its permanent executive body are performed.
In case of absence (failure to act) of permanent executive body of the organization the location of the organization is determined by the place where decisions concerning creation, liquidation and reorganization of this organization, change of list of her founders (participants), increase or reduction of the sizes of authorized fund, acquisition or alienation of its property and to other vital issues of management of the organization, or in the place in which there are main accounting documents of the organization are made.
3. The location of particular partnership the location (residence) of that his participant to whom according to cooperation agreement between participants business management of this partnership is assigned or which receives revenue on activities of this partnership before its distribution is recognized.
1. Tax residents of the Republic of Belarus physical persons which actually were in the territory of the Republic of Belarus in calendar year more than hundred eighty three days are recognized. Physical persons which actually were outside the territory of the Republic of Belarus hundred eighty three days and more in calendar year are not recognized tax residents of the Republic of Belarus.
Until provisions of part one of this Item do not allow to determine the status of physical person, person is recognized the tax resident of the Republic of Belarus current calendar year if it actually was in the territory of the Republic of Belarus more than hundred eighty three days previous calendar year and if the physical person actually was outside the territory of the Republic of Belarus hundred eighty three days and more previous calendar year, it is not recognized the tax resident of the Republic of Belarus current calendar year.
For the purposes of of this Code the tax residence of physical person is determined in relation to each calendar year.
2. By the time of the actual stay in the territory of the Republic of Belarus belong time of direct finding of physical person in the territory of the Republic of Belarus, and also time on which this person left the territories of the Republic of Belarus:
on treatment, in official journey according to the legislation of the Republic of Belarus;
on rest provided that the time spent for such rest in total on all departures out of limits of the territory of the Republic of Belarus within calendar year constituted no more than sixty calendar days. If the total quantity of days of the actual finding of physical person outside the territory of the Republic of Belarus on vacation in total within calendar year exceeded sixty calendar days, the entire period of such stay outside the territory of the Republic of Belarus does not belong by the time of the actual stay in the territory of the Republic of Belarus.
3. Time during which the physical person was in the Republic of Belarus does not belong by the time of the actual stay in the territory of the Republic of Belarus:
3.1. as person having the diplomatic or consular status or as the member of the family of such person;
3.2. as the employee of the international, interstate or intergovernmental organization created according to the international treaty which participant is the Republic of Belarus, or as the member of the family of such employee.
Provisions of part one of this subitem do not extend to citizens of the Republic of Belarus;
3.3. on treatment or rest if this physical person was in the Republic of Belarus only with such purposes;
3.4. only for following from one foreign state in other foreign state through the territory of the Republic of Belarus by one vehicle or it is exclusive for the purpose of change from one vehicle on another in case of such following (transit following).
4. For confirmation of the actual stay in the territory of the Republic of Belarus day of entry (departure) into the Republic of Belarus (from the Republic of Belarus) is determined based on the mark about crossing of frontiers of foreign states brought by the competent authority of foreign state exercising border control in identity documents, and (or) documents for entry (departure) into the Republic of Belarus (from the Republic of Belarus), and also based on the data which are available in tax authority.
If provisions of part one of this Item do not allow to determine unambiguously time of the actual finding of physical person in the territory of the Republic of Belarus, the payer submits to tax authority the documents (or their copies) confirming the place of its actual stay within calendar year (years) and also any other documents (or their copies) which can form the basis for determination of the place of its actual stay:
identity document;
permission to the temporary residence in the Republic of Belarus which is drawn up in accordance with the established procedure;
the documents confirming the place of the actual stay, place of employment, services, studies of physical person in the territory of the Republic of Belarus or foreign state;
other documents confirming entry (departure) into the Republic of Belarus (from the Republic of Belarus) and stay time in the territory of the Republic of Belarus or foreign state.
The number of days of the actual finding of physical person in the territory of the Republic of Belarus in calendar year is determined since the day following behind day of entry into the Republic of Belarus and comes to an end with day of departure from the Republic of Belarus inclusive or last afternoon of such calendar year.
5. If according to provisions of this Article and the legislation of foreign state in the relations with which the international treaty of the Republic of Belarus on the tax matters is applied, the physical person at the same time is recognized the tax resident of the Republic of Belarus and foreign state, then its tax residence is determined according to provisions of such international treaty.
If the physical person at the same time is tax resident of the Republic of Belarus and foreign state, but the international treaty of the Republic of Belarus on the tax matters with such state is absent and (or) is not applied or if the physical person is not tax resident of any state, including the Republic of Belarus, then it is recognized the tax resident of the Republic of Belarus if in calendar year for which the tax residence is determined it has nationality of the Republic of Belarus or permission to permanent residence in the Republic of Belarus (residence permit).
The residence of physical person for the purposes of of this Code the place (the settlement, the house, the apartment or other premises) where this physical person is registered at the place of residence, in the absence of such place - the place where this physical person constantly or mainly lives and if data on it cannot be established, - the location of property of this person is recognized.
1. The Belarusian individual entrepreneur the physical person registered as the individual entrepreneur in the Republic of Belarus is recognized (further - the individual entrepreneur).
The foreign individual entrepreneur the physical person registered as the individual entrepreneur outside the Republic of Belarus is recognized.
In the absence of country of incorporation for determination of capability of the physical person performing business activity to be individual entrepreneur and to have the rights connected with it and obligations the right of the country in the territory of which there is the main place of implementation of business activity by physical person is applied.
2. The physical person performing individual business activity, but which is not registered as the individual entrepreneur in defiance of requirements of legal acts fulfills the tax liabilities assigned by this Code and other acts of the tax legislation to the individual entrepreneur.
1. Physical persons and (or) the organizations (further – persons) are recognized this Article affiliated persons in the presence between them the relations which render and (or) can exert direct impact on conditions and (or) economic results of their activities and (or) activities of persons represented by them.
The relations belong to such relations:
between persons, the being founders (participants) of one organization if the share of direct and (or) indirect participation of each of such persons in the organization constitutes at least 20 percent;
between the organizations if one person directly and (or) indirectly participates in these organizations and the share of such participation in each of these organizations constitutes at least 20 percent and also when their authentic owner is the same physical person;
between the organizations, the structure of collegiate executive body or the board of directors (supervisory board) of which more than for 50 percent consists of the same physical persons together with the affiliated persons specified in paragraph ten of this part;
when one person (including physical person together with his affiliated persons specified in paragraph ten of this part) acts as the founder (participant) of other organization if the share of its direct and (or) indirect participation constitutes at least 20 percent;
when one person performs (directly or indirectly) control over other person (other persons), including the relations between:
between the organization and person performing powers of its sole executive body or the physical persons, interdependent with such person, specified in paragraph ten of this part;
between the organizations which powers of sole executive body are performed by the same person;
between the organization and employee of this organization;
when physical persons are married, the relations of close relationship or property, the adoptive father (adopter) and adopted (adopted), the guardian, the custodian and the ward, and also between the organizations, founders (participants) of which they are if the share of direct and (or) indirect participation of such physical persons in these organizations constitutes at least 20 percent.
Direct and (or) indirect participation of the Republic of Belarus, the local executive and administrative organs, republican state bodies and other organizations subordinated to the Government of the Republic of Belarus in the organizations is not the basis for recognition of such persons interdependent.
2. Share of participation of person in the organization is determined by addition of shares of direct and indirect participation of person in the organization.
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