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Approved by the Order of the State Tax Administration under the Government of the Kyrgyz Republic of August 17, 2015 No. 223

Recommendations in the order of application of the Law of the Kyrgyz Republic "About debt restructuring on the added percent, penalty fee, to tax sanctions on taxes and customs payments"

1. General provision

1.1. This Recommendation is developed for the purpose of execution of the Law of the Kyrgyz Republic "About debt restructuring on the added percent, penalty fee and to tax sanctions on taxes and customs payments" No. 195 of July 24, 2015 (further - the Law).

1.2. This Recommendation determines procedure for write-off of the added percent, penalty fee and tax sanctions for non-execution or delays of execution of the tax liability and failure to carry out of obligation by tax payment by the tax agent.

2. The concepts used in this Recommendation

In this Recommendation the following concepts are applied:

"On August 1, 2015" - 1 date of official publication of the Law.

"The three-months period" - the period from August 4, 2015 to November 1, 2015.

"The six-months period" - the period from August 4, 2015 to February 1, 2016.

"The nine-months period" - the period from August 4, 2015 to May 1, 2016.

"Commission" - the commissions created by territorial structural subdivisions of the State Tax Administration under the Government of the Kyrgyz Republic on debt restructuring on the added percent, penalty fee and to tax sanctions on taxes with participation of representatives of bodies local self-managements.

3. Debt write-off conditions on the added percent, penalty fee and to tax sanctions on taxes

3.1. The acknowledged tax debt according to the Tax code of the Kyrgyz Republic on the added percent, penalty fee and to tax sanctions formed in cards of personal account of the taxpayer as of August 1, 2015 is subject to restructuring.

3.2. The percent, penalty fee and tax sanctions added on the amount of tax debt on the main amounts of taxes from August 2, 2015 on repayment day are not subject to write-off.

3.3. To the taxpayer who repaid the acknowledged debt on the main amounts of the taxes established as of August 1, 2015 and also on the current tax payments percent, penalty fee and tax sanctions in the following procedure are written off:

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

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

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

For example: the taxpayer according to the reconciliation statement with tax authority in place of registration as of August 1, 2015 has debt on the main amounts of taxes - 150, 0 thousand som (the VAT - 100, 0 thousand som, the income tax withheld by the tax agent - 30, 0 thousand som, the income tax - 20, 0 thousand som), percent, penalty fee, tax sanctions in the amount - 38, 0 thousand som (the VAT - 15, 0 thousand som, the income tax withheld by the tax agent - 18, 0 thousand som, the income tax - 5, 0 thousand som).

If the taxpayer will repay tax debt on the main taxes in the amount of 150 thousand som: and

a) the current tax payments on payment due date in three next months during the three-months period, debt on percent, penalty fee and to tax sanctions 38, 0 thousand som are subject to write-off in the amount of 100%, i.e. (15,0 + 18,0 + 5,0 = 38,0 * 100% = 38, 0 thousand som);

b) the current tax payments on payment due date in six next months during the six-months period, debt on percent, penalty fee and to tax sanctions 30, 4 thousand som are subject to write-off in the amount of 80%, i.e. (15,0 + 18,0 + 5,0 = 38,0 * 80% = 30, 4 thousand som);

c) the current tax payments on payment due date in nine next months during the nine-months period, debt on percent, penalty fee and to tax sanctions 19, 0 thousand som are subject to write-off in the amount of 50%, i.e. (15,0 + 18,0 + 5,0 = 38,0 * 50% = 19, 0 thousand som).

For example: the taxpayer according to the reconciliation statement with tax authority in place of registration as of August 1, 2015 has debt on the main amounts of taxes - 150, 0 thousand som (the VAT - 100, 0 thousand som, the income tax withheld by the tax agent - 30, 0 thousand som, the income tax - 20, 0 thousand som), percent, penalty fee, tax sanctions in the amount - 38, 0 thousand som (the VAT - 15, 0 thousand som, the income tax withheld by the tax agent - 18, 0 thousand som, the income tax - 5, 0 thousand som).

To the taxpayer the decision of Tax Service on charge of the amounts of taxes, penalty fee and tax sanctions (AUDIT STI-003, AUDIT STI-007) (further - the decision) in July, 2015 (the last month of acceptance date of the Law), on the amount 1000, is handed to 0 thousand som, including the debt on the main amounts of taxes constitutes 600, 0 thousand som, debt on penalty fee and to tax sanctions - 400, 0 thousand som. The taxpayer did not appeal this decision within 30 days, from the date of the delivery of the decision following behind day. According to Item 11 of article 4 of the Tax Code of the Kyrgyz Republic the formed debt based on the decision of body of Tax Service is the tax debt recognized by the taxpayer. In cards of personal account of the amount of charge according to the decision, will be reflected after 30 days, day of the delivery of the decision following behind day. At the same time penalty fee, tax sanctions on the understating amount in the amount of 600, by 0 thousand som for the period from the next day of the inspection statement on repayment day in the amount 110, in 0 thousand som, including penalty fee and tax sanctions will be applied, from the next day of the inspection statement to August 1, 2015 constitutes in the amount 50, 0 thousand som (are calculated by forming in the ISNAK system of "virtual card of personal account" as of August 1, 2015).

If the taxpayer will repay tax debt on the main taxes in the amount of 150 thousand som and tax amount according to the decision in the amount 600, of 0 thousand som and penalty fee, the tax sanctions added on tax amount according to the decision for the period from 02.08.2015 on repayment day 60, by 0 thousand som and:

a) the current tax payments on payment due date in three next months during the three-months period, debt on percent, penalty fee and to tax sanctions 488, 0 thousand som are subject to write-off in the amount of 100%, i.e. (38 + 400,0 + 50,0 = 488,0 * 100% = 488, 0 thousand som);

b) the current tax payments on payment due date in six next months during the six-months period, debt on percent, penalty fee and to tax sanctions 390, 4 thousand som are subject to write-off in the amount of 80%, i.e. (38,0 + 400,0 + 50,0 = 488,0 * 80% = 390, 4 thousand som);

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