of June 12, 2003 No. 82
About approval of Rules of carrying out inventory count by tax authority during exit tax audit
For the purpose of ensuring execution of the fourth paragraph of Item 1 of the Presidential decree of the Azerbaijan Republic "About introduction of the Law of the Azerbaijan Republic "About modification and amendments in the Tax code of the Azerbaijan Republic" of December 26, 2001 the No. 620 Cabinet of Ministers of the Azerbaijan Republic decides:
1. Approve "Rules of carrying out inventory count by tax authority during exit tax audit" (are applied).
Prime Minister of the Azerbaijan Republic
Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of June 12, 2003 No. 82
1.1. This document determines rules of carrying out during exit tax audit of inventory count of the property which is in property or use of the taxpayer (except for living spaces, the organizations financed from the budget, and municipalities).
1.2. The property of the taxpayer according to the Tax code of the Azerbaijan Republic is implied as any personal property and the real estate, including intangible assets and money.
1.3. During exit tax audit inventory count is carried out under the motivated resolution of the Ministry of taxes of the Azerbaijan Republic in the following cases:
- if during the tax audit which is carried out at the taxpayer intentional ignorance by him reporting documents was revealed;
- if during the last tax audit which is carried out at the taxpayer ignorance by him reporting documents according to the procedure established by the legislation was revealed and if after the prevention with respect thereto from tax authority the allowed inaccuracies were not eliminated and ignorance of the reporting according to statutory rules proceeded;
- if during the exit tax audit which is carried out at the taxpayer the excise goods which are not marked by excise stamp were revealed;
- when the taxpayer is checked for correctness of calculation and tax discharge on property.
1.4. Inventory count of property is carried out in the locations of the taxpayer and on each responsible person irrespective of the place in which the property is located.
1.5. Main objectives of inventory count are:
- identification of the actual availability of the objects hidden from the taxation, inventory items and property;
- comparison of actually existing property and other values with accounting data;
- check of completeness of reflection of obligations in accounting;
- identification and elimination of cases of concealment from tax accounting of the personal and real estate, including intangible assets and money used in business activity for commercialization (profit);
- determination of tax amount, the subject payment taking into account market prices of concealment from the inventory item taxation (including the tax which is subject to payment in customs authorities on the inventory items imported into the Azerbaijan Republic because of its limits).
Tax authorities can involve in inventory count of property, other values of taxpayers of experts, translators and other specialists in accordance with the established procedure. At the same time the conclusions of specialists and experts about inventarizuyemy property and other inventarizuyemy values shall be attached to the drawn-up statements.
2.1. The motivated resolution on carrying out by tax authorities during exit tax audit of inventory count accepts the Ministry of taxes of the Azerbaijan Republic.
The term of inventory count constitutes, as a rule, 10 days, it is considered the complete ambassador of signing by the taxpayer and representatives of tax authority of inventory lists. In exceptional cases (razlichnost of the territories in which inventarizuyemy objects are located the large volume of work, disagreement of the taxpayer with results of inventory count, etc.) inventory count term the motivated resolution of the Ministry of taxes of the Azerbaijan Republic can be prolonged, but no more than for the term of conducting exit tax audit.
2.2. Prior to check of the actual availability of property the official (officials) of tax authority performing (carrying out) receives the last receipt and issue documents or reports on movement of material values and money at the time of the beginning of inventory count.
For establishment of remaining balance of property according to accounting the official (officials) of tax authority who is carrying out (carrying out) inventory count prior to inventory count on all receipt and issue documents attached to registers (reports) makes the entry "before inventory count "_____" (date)" and appends instructions.
Prior to inventory count responsible persons give subscription about delivery of all receipt and issue documents on property in accounts department, about their reflection in accounting registers, about receipt and expenditure of all values transferred under their financial responsibility.
If the responsible person provided on the party on credit or transferred to storage in other procedure some of the property which is registered for it or from outside received property on credit or on storage in other procedure and also if in the place inventory count is not carried out, there is property belonging personally to it, he shall specify accurately it in the explanation.
The advance holders who received money for purchase of property or the responsible persons who received the power of attorney give subscription in the same order.
2.3. The inventory lists or inventory acts reflecting in themselves data on the actual availability of property (further "inventory lists"), are constituted at least in duplicate.
2.4. During inventory count the actual availability of property is established by its recalculation, weighing and measurement.
The taxpayer shall create proper conditions for complete and exact check at the scheduled time of the actual availability of property (to provide with labor power for weighing and transfer of freights, technically exact scales, measuring and survey meters, measuring container, etc.).
Goods quantity and the materials stored by sellers in not unpacked type can be established by recalculation of their part in the selective way. The weight (amount) of unpacked materials is established based on measurements and technical calculations.
2.5. Inventory lists can be completed with use of computer or other organizational facilities, and also by hand.
Inventory lists are filled in with ink or ball pen accurately and precisely, without erasures and deletions.
Names and the number of proinventarizovanny values and objects register according to the nomenclature and in the units of measure accepted in accounting.
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