LAW OF THE REPUBLIC OF MOLDOVA

of July 26, 2001 No. 408-XV

About enforcement of the Section V of the Tax code

Article 1. Entry into force

Article 2. Recognition invalid

From the date of entry into force of the Section V of the Tax code to recognize invalid:

The law on the State Tax Administration No. 876-XII of January 22, 1992;

The law on bases of the taxation system No. 1198-XII of November 17, 1992;

The law on recovery by enforcement of taxes, charges and other payments No. 633-XIII of November 10, 1995;

Chapters I and II of the Law No. 1164-XIII of April 24, 1997 on administration of the income tax and enforcement of Sections I and II of the Tax code;

parts (2) and (3) article 4 of the Law No. 1417-XIII of December 17, 1997 on enforcement of the Section III of the Tax code;

parts (4), (6) - (9) article 4 of the Law No. 1054-XIV of June 16, 2000 on enforcement of the Section IV of the Tax code;

parts (8) - (10) article 4 of the Law No. 1056-XIV of June 16, 2000 on enforcement of the Section VI of the Tax code.

Article 3. Change of regulations

(1) to Suggest the President of the Republic of Moldova to bring the regulations into accord with the Section V of the Tax code.

(2) to the Government in three-months time:

a) provide to Parliament of the offer on reduction of the current legislation to compliance with the Section V of the Tax code;

b) bring the regulations into accord with the Section V of the Tax code;

c) provide review and cancellation by the ministries and departments of the regulations contradicting the Section V of the Tax code.

(3) Due to the recognition invalid the Law on recovery by enforcement of taxes, charges and other payments the central and local authorities of the public power together with loanees shall review agreements on loan granting and guarantees under bank loans.

Article 4. Transitional and final provisions

(1) the Tax relations and the related other relations on the tax periods preceding entry into force of the Section V of the Tax code are regulated according to the legislation existing during the corresponding period if this Article does not provide other.

(2) to taxes and fees which tax period does not expire on July 1, 2002 this Section is applied to the tax liabilities which size will be determined proceeding from ratio of tax period after July 1, 2002 to all tax period of 2002.

a) for taxes (duties), charges, penalty fee - from the last date established for submission of the corresponding tax report or for the tax discharge (duty), collection, penalty fee (in case submission of the tax report is not provided);

b) for the tax sanctions relating to specific tax (duty), collection, - from the last date established for submission of the tax report on this tax (duty), collection or for payment of this tax (duty), collection (in case submission of the tax report is not provided);

c) for the tax sanctions which are not relating to specific taxes (duties), charges - from the date of making of tax offense.

(6) the Actions for repayment of the tax liability relating to the tax periods preceding entry into force of the Section V of the Tax code are prolonged according to the procedure provided by the Tax code.

(8) Compensation of the amounts of overpayment and the amounts which according to the tax legislation shall be compensated before the date of entry into force of the Section V of the Tax code, but are not compensated, it is performed according to the Section V of the Tax code provided that terms of compensation of the amounts, stipulated by the legislation, acting during the corresponding period, did not expire.

(9) Before entry into force of the relevant legislation in addition to the powers provided by the tax legislation, the State Tax Administration performs the following powers:

a) will organize accounting, assessment and sale of the seized and ownerless property, arrested perishable or with limited storage duration of products, physical evidences, the property which passed on inheritance right to the state and treasures;

b) keeps the register of treasurer debentures of the Ministry of Finance and performs repayment of the historical debts of agricultural enterprises to other creditors yielded to the state according to article 18 of the Law on restructuring of agricultural enterprises in the course of privatization No. 392-XIV of May 13, 1999;

c) levies in accordance with the established procedure forced execution of the tax liability which is not performed in time:

fees of compulsory medical insurance;

income from sale and privatization of public property;

the target internal and external loans granted business entities through the Ministry of Finance, percent on them;

the means distracted from the budget for repayment of the loans granted business entities under guarantee of the state or bodies of local public authority;

with-1) applies in the procedure for the sanction for implementation of activities established by the legislation without license or implementation of the activities forbidden in the territory of the Republic of Moldova, and also permited exclusively state companies;

with-2) applies measures of tax administration to assignments from net profit of the state and municipal companies, and also to the dividends falling to the share of the state in the authorized capital of joint-stock companies, in the procedure established by the current legislation;

d) performs other actions, stipulated by the legislation.

(10) the State Tax Administration stops transactions on bank and/or payment accounts of taxpayers according to the procedure, established by the tax legislation, in case of failure to pay or not transfer of the amounts specified in Item c) to part (9). For non-execution of the order about suspension of transactions on bank and/or payment accounts or for implementation of transactions on bank and/or payment accounts without their capture for accounting in the State Tax Administration the last can apply to bank (bank department) and/or payment society, the society issuing electronic money, and/or the supplier of post services penalties in the amount of and procedure, established by the tax legislation.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info