PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of May 16, 2014 No. 222

On regulation of business activity and sales of goods by individual entrepreneurs and other physical persons

For the purpose of enhancement of procedure for regulation of business activity and sales of goods by individual entrepreneurs and other physical persons:

1. Determine that:

1.1. No. 411 is excluded according to the Presidential decree of the Republic of Belarus of 31.10.2019

1.2. individual entrepreneurs as of July 1, 2014 constitute the inventory of remaining balance of the goods imported on the territory of the Republic of Belarus from the territory of state members of the Eurasian Economic Union without documents confirming their acquisition in case of retail trade which pay the single tax (further - the inventory of remaining balance of goods).

The inventory of remaining balance of goods is constituted on each shopping facility, the shopping facility of public catering, the trade place in the market, to the storage location of remaining balance of goods on paper in duplicate in any form with indication of in it surname, own name, middle name (in case of its availability) the individual entrepreneur, accounting number of the payer, the location of the shopping facility, the shopping facility of public catering, the trade place in the market, storage locations of remaining balance of goods, type of goods, the prices of remaining balance of goods by each type and total cost of remaining balance of goods, dates of creation of the inventory of remaining balance of goods and the personal signature of the individual entrepreneur. At the same time the price of remaining balance of goods by each type and total cost of remaining balance of goods is specified in Belarusian rubles proceeding from the Belarusian ruble exchange rate established by National Bank in relation to foreign currency for which goods, their acquisition operating for date were acquired.

Individual entrepreneurs no later than July 30, 2014 represent to tax authority in the place of registration the inventory of remaining balance of goods in duplicate for their assurance.

The tax authority no later than two working days after receipt of the inventory of remaining balance of goods puts down mark of tax authority on each its page and returns to the individual entrepreneur one copy of the inventory.

The inventory of remaining balance of goods with mark of tax authority shall be in that shopping facility, the shopping facility of public catering, the trade place in the market, the storage location of remaining balance of goods on which it is constituted, respectively before the end of realization of remaining balance of goods, before leave of these goods from storage locations to places of realization;

1.3. till January 1, 2016 individual entrepreneurs have the right to perform:

retail trade by remaining balance of the goods specified in part one of subitem 1.2 of this Item based on the inventory of remaining balance of goods without the requirements stated in subitem 1.1 of this Item with payment of the single tax according to the Tax code of the Republic of Belarus and the value added tax in fixed amount taking into account the features provided in part two of this subitem;

wholesale trade, other alienation, including on a grant basis, remaining balance of the goods specified in parts one of subitem 1.2 of this Item, their introduction as contribution to authorized capital of the commercial organization based on source accounting documents processed according to the legislation with payment of the income tax from physical persons or tax in case of simplified taxation system, the value added tax according to the Tax code of the Republic of Belarus taking into account the features provided in part three of this subitem.

In case of retail trade by remaining balance of the goods specified in part one of subitem 1.2 of this Item irrespective of specific weight of these goods in trade assortment:

the raising coefficient 2 is applied to the flat tax rate established taking into account provisions of Item 3 of article 299 of the Tax Code of the Republic of Belarus;

the value added tax in fixed amount:

it is estimated proceeding from the amount of the single tax estimated according to the Tax code of the Republic of Belarus using the following coefficients:

2 - from 1 till March 31, 2015;

2,5 - from April 1 till June 30, 2015;

3 - from July 1 till September 30, 2015;

4 - from October 1 till December 31, 2015;

it is paid on each shopping facility, the trade place in the market, and also when implementing retail trade through online stores according to the procedure and the terms established for the single tax in Chapter 35 of the Tax code of the Republic of Belarus. The estimated tax amounts on value added in fixed amount are reflected separately in the tax declaration (calculation) for the single tax;

decreases in proportion to the amount of the single tax which is subject to return (offsetting) according to the Tax code of the Republic of Belarus.

In case of wholesale trade, other alienation, including on a grant basis, the remaining balance of the goods specified in part one of subitem 1.2 of this Item, imported on the territory of the Republic of Belarus from the territory of state members of the Eurasian Economic Union introduction of such goods as contribution to authorized capital of the commercial organization individual entrepreneurs estimate the value added tax at the rates established by the legislation proceeding from the cost of goods purchased. Submission of the tax declaration (calculation) for the value added tax and the tax discharge on value added are made no later than the 20th following after month of sales of goods;

1.3-1. since January 1, 2016 individual entrepreneurs are forbidden to perform retail, wholesale trade, other alienation, including on a grant basis, remaining balance of the goods specified in parts one of subitem 1.2 of this Item, their introduction as contribution to authorized capital of the commercial organization;

1.4. the individual entrepreneurs paying the single tax, in the presence on all implementable goods of the documents confirming their acquisition (receipt) having the right to pass to application of simplified taxation system since April 1, either since July 1, or since October 1, 2015. For this purpose individual entrepreneurs respectively no later than April 1, either on July 1, or on October 1, 2015 represent to tax authority in the place of registration the notification on transition to simplified taxation system in the form established by the Ministry of Taxes and Tax Collection;

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