PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of October 15, 2015 No. 422

About submission of information to tax authorities of foreign states

For the purpose of creation of conditions for informing tax authorities of foreign states with which the Republic of Belarus signs the international contracts on improvement of observance of the international tax rules:

1. Determine that: 

1.1. for the purposes of this Decree:

the terms "the account holder (the client under the agreement)", "agreement", "foreign state", "foreign physical person", "information on accounts (agreements)", "client", "international treaty of the Republic of Belarus", "account", "financial institutions of the Republic of Belarus" are used in the values determined in item 4 of article 86-1 of the Tax Code of the Republic of Belarus;

the term "foreign organization" is used in the value determined in Item 2 of article 15 of the Tax Code of the Republic of Belarus;

1.2. for the purpose of forming of information on accounts (agreements) and accomplishment of obligations according to the international treaty of the Republic of Belarus (further - the agreement) financial institutions of the Republic of Belarus in the procedure established by them:

inform the organizations and the physical persons who addressed for opening of the account (the conclusion of the agreement), on need to fill the Republic of Belarus established by financial institutions and (or) the document forms specified in the agreement (further - the established forms) for their identification for the purpose of verification of the status of the foreign organization or the foreign physical person and on the consequences of refusal of filling of the established forms specified in the paragraph the second to part one of subitem 1.4 of this Item;

inform clients on need to fill the established forms for the purpose of establishment of account holders among them (clients under agreements) and about the consequences of refusal of filling of these forms specified in paragraph three of part one of subitem 1.4 of this Item;

if the financial institution of the Republic of Belarus has documentary confirmed bases to consider that clients are the foreign organizations or foreign physical persons, request from such clients the documents and information necessary for accomplishment of agreement obligations, and inform them on the consequences of refusal of submission of these documents specified in paragraph three of part one of subitem 1.4 of this Item and information;

inform account holders (clients under agreements) on submission of information on accounts (agreements) determined by the agreement to tax authorities of foreign state;

request the consent of account holders (clients under agreements) on submission of information on accounts (agreements) determined by the agreement to tax authorities of foreign state (further - consent to submission of information) which is drawn up in the form of their written application, and inform on the consequences of refusal of consent specified in paragraph four of part one of subitem 1.4 of this Item on submission of information;

perform other actions provided by the agreement;

1.3. ceased to be valid according to the Presidential decree of the Republic of Belarus of 11.09.2023 No. 283

1.4. financial institutions of the Republic of Belarus have the right:

refuse opening of the account (the conclusion of the agreement) of the organization or to physical person concerning which the financial institution of the Republic of Belarus has documentary confirmed bases to consider that they are the foreign organization or the foreign physical person, in case of refusal of these of the organization or physical person of filling of the established forms (not filling of the established forms within 60 working days following behind day of request);

to refuse unilaterally execution of the signed agreement in case of refusal of the client concerning which the financial institution of the Republic of Belarus has documentary confirmed bases to consider that it is the foreign organization or the foreign physical person of submission of documents and information necessary for accomplishment of agreement obligations, and (or) from filling of the established forms (non-presentation of such documents and information, not filling of the established forms within 60 working days following behind day of request) if continuation of agreement performance entails impossibility of performance of agreement obligations;

to refuse unilaterally execution of the signed agreement in case of refusal of the account holder (the client under the agreement) in consent on submission of information (non-presentation of such consent within 60 working days following behind day of request).

In cases, the specified in paragraphs three and the fourth part one of this subitem, the financial institution of the Republic of Belarus shall in writing or in the form of the electronic document to notify the client concerning whom the financial institution of the Republic of Belarus has documentary confirmed bases to consider that it is the foreign organization or the foreign physical person, about discharge of the agreement in 30 calendar days prior to their termination. The refusal of agreement performance is not the basis for emergence of responsibility of financial institution of the Republic of Belarus for the losses caused to the client and for refusal of return to the client of the money which is due to it;

1.5. ceased to be valid according to the Presidential decree of the Republic of Belarus of 11.09.2023 No. 283

1.6. ceased to be valid according to the Presidential decree of the Republic of Belarus of 11.09.2023 No. 283

1.7. ceased to be valid according to the Presidential decree of the Republic of Belarus of 11.09.2023 No. 283

1.8. information on the procedure for forming of information on accounts (agreements) and obligations of the clients, the organizations and physical persons which addressed for opening of the account (the conclusion of the agreement), account holders determined by this Decree (clients under agreements), and also forms of the established forms are posted by financial institutions of the Republic of Belarus on the official sites on the global computer Internet;

1.9. representation according to part one of Item 1 of article 86-1 of the Tax Code of the Republic of Belarus through the Ministry of Taxes and Tax Collection by financial institutions of the Republic of Belarus to tax authorities of foreign state of information on accounts (agreements), accomplishment of other actions provided by the agreement are not violation of the bank and (or) protected by legal acts other secret and do not attract responsibility according to the legislation of the Republic of Belarus.

2. To Council of Ministers of the Republic of Belarus and National Bank to take measures for implementation of this Decree.

3. This Decree becomes effective after its official publication.

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