LAW OF THE KYRGYZ REPUBLIC

of July 24, 2015 No. 195

About debt restructuring on the added percent, penalty fee, to tax sanctions on taxes and customs payments

Accepted by Jogorku Kenesh of the Kyrgyz Republic on June 17, 2015

The purpose of this Law is stabilization and support of financial and economic condition of taxpayers, stimulation of more complete repayment of tax debt and debt on customs payments to the budget by debt restructuring for the added percent, penalty fee and to tax sanctions on taxes and customs payments.

Article 1. General provisions

1. The tax debt and debt on customs payments of the legal entities and physical persons registered in tax authorities as taxpayers, according to the procedure and the conditions provided by this Law is subject to restructuring.

2. In this Law the following concepts are applied:

restructuring of tax debt and debt on customs payments - complete or partial debt write-off on the added percent, penalty fee, to tax sanctions on taxes and customs payments;

percent - the amounts added according to the Tax code of the Kyrgyz Republic and the Customs code of the Kyrgyz Republic for untimely payment at the scheduled time of taxes and customs payments;

penalty fee - the sum of money added for failure to pay taxes, customs payments which the taxpayer shall pay according to the Tax code of the Kyrgyz Republic and the Customs code of the Kyrgyz Republic;

tax sanctions - the sanctions imposed on the taxpayer according to the Tax code of the Kyrgyz Republic;

the current tax and customs payments - obligations on acknowledged taxes, customs payments, percent, the penalty fee and to tax sanctions which arose during the nine-months period from the effective date of this Law.

Article 2. Procedure for restructuring of tax debt and debt on customs payment

1. To the taxpayer who repaid the debt on the main amounts of the taxes and customs payments established as of the first of official publication of this Law and also to the current tax and customs payments percent, penalty fee and tax sanctions in the following procedure are written off:

1) on the first, this Law following the three-months period from the effective date, - for 100 percent;

2) on the first, this Law following the six-months period from the effective date, - for 80 percent;

3) on the first, this Law following the nine-months period from the effective date, - for 50 percent.

2. To the taxpayer who did not have as of the first of official publication of this Law of debt on the main amounts of taxes and to customs payments, the current tax and customs payments the amounts of percent, tax sanctions, penalty fee according to the procedure, determined by Item of 1 part of 1 this Article are written off.

3. The taxpayer, after carrying out restructuring, has the right to extend debt rest payment due dates according to requirements of the Tax code of the Kyrgyz Republic.

4. Repayment date the restructured debt is considered:

1) on the main amounts of taxes - day of delivery of the payment order to bank on transfer of receivable tax amounts and/or day of introduction for transfer of receivable tax amounts of cash into bank or body of Tax Service;

2) on customs payments - date of cash write-off from the account of the payer in bank and/or cash deposits of money for accounts of customs authorities.

5. The amount of excessively paid tax or customs payment on debt of the taxpayer is used in the following procedure: the debt on separate tax, customs payment, then on percent, penalty fee, to the tax sanctions added on this tax or customs payment according to requirements of the Tax code of the Kyrgyz Republic, the Customs code of the Kyrgyz Republic and other legal acts regulating rates of taxes, customs payments and their administration is repaid.

6. The amount of excessively paid tax for the purpose of repayment of the restructured tax debt does not join the excess amount on the value added tax.

7. In case of entry into force of court resolution about debt collection on the added percent, penalty fee and to tax sanctions on taxes and customs payments to the introduction of this Law in force these amounts are not subject to write-off.

In case of cancellation of the court resolution which is taken out for benefit of authorized tax authority, its territorial and/or functional subdivision or customs authority according to the procedure of review on newly discovered facts (after the introduction of this Law in force) the added percent, penalty fee and tax sanctions on taxes and customs payments are subject to write-off from coming into force of the judgment on review of court resolution on newly discovered facts according to the procedure and the terms established by the legislation of the Kyrgyz Republic.

Article 3. Legal relationship to which operation of this Law does not extend

Operation of this Law does not extend to the obligations on payment of import customs duties estimated at the rates of the Common customs tariff of the Eurasian Economic Union.

Article 4. Entry into force of this Law

This Law becomes effective from the date of official publication and is effective to the first following the decimestrial period from the date of its introduction in force.

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