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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of August 1, 2012 No. 723

About approval of the Regulations on procedure for determination by the organizations of the amount of excess of the income tax following the results of 2012

According to subitem 3.4.2 of Item 3 of the Presidential decree of the Republic of Belarus of June 6, 2011 "About some questions of stimulation of development of highly effective productions" the Council of Ministers of the Republic of Belarus DECIDES: No. 231

1. Approve the enclosed Regulations on procedure for determination by the organizations of the amount of excess of the income tax following the results of 2012.

2. This resolution becomes effective from the date of its official publication.

Prime Minister of the Republic of Belarus M. Myasnikovich

Approved by the Resolution of Council of Ministers of the Republic of Belarus of August 1, 2012 No. 723

Regulations on procedure for determination by the organizations of the amount of excess of the income tax following the results of 2012

1. This Provision establishes procedure for determination by the organizations of the amount of excess of the income tax following the results of 2012 according to the Presidential decree of the Republic of Belarus of June 6, 2011 No. 231 "About some questions of stimulation of development of highly effective productions" (The national register of legal acts of the Republic of Belarus, 2011, No. 65, 1/12585) in case of accomplishment by them of the conditions established in subitem 1.1 of Item 1 of this Decree.

2. The amount of excess of the income tax following the results of 2012 is determined in the following procedure:

2.1. the tax amount on profit which was subject to payment following the results of 2011 is determined according to the tax declaration (calculation) for the income tax before its reduction by the amounts of excess of the income tax received by the organizations following the results of 2011;

2.2. the tax amount which was subject to payment following the results of 2011 on profit according to the procedure, No. established by the Presidential decree of the Republic of Belarus of June 6, 2011 231, is adjusted taking into account changes of the tax legislation, and also on price index of producers of industrial output for January - December, 2012 and coefficient of ratio of the actual level of profitability of sales for 2011 to the actual level of profitability of sales for 2012;

2.3. if as a result of adjustment on price index of producers of industrial output for January - December, 2012 and coefficient of ratio of the actual level of profitability of sales for 2011 to the actual level of profitability of sales for 2012 the corrected tax amount on profit following the results of 2011:

increases in comparison with the amount of this tax determined according to subitem 2.1 of this Item, the amount of excess of the income tax is determined as difference between the tax amount on profit which is subject to payment in the budget following the results of 2012 according to the tax declaration (calculation) for the income tax and the tax amount on profit which was subject to the payment following the results of 2011 determined according to subitems 2.1 and 2.2 of this Item;

decreases in comparison with the amount of this tax determined according to subitem 2.1 of this Item, the amount of excess of the income tax is determined as difference between the tax amount on profit which is subject to payment in the budget following the results of 2012 according to the tax declaration (calculation) for the income tax and the tax amount on profit which was subject to the payment following the results of 2011 determined according to subitem 2.1 of this Item and corrected taking into account changes of the tax legislation.

3. The amount of excess of the income tax following the results of 2012 is determined in general for tax period.

4. In the absence of the tax liability following the results of 2011 the tax discharge on profit for 2012 is made by the organizations in accordance with the established procedure.

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