On December 8, 2016 No. 646
About efficiency evaluation of tax benefits
For the purpose of enhancement of fiscal policy, increase in efficiency of provision of tax benefits, according to articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:
1. Determine that the tax benefits planned to provision are estimated regarding their efficiency.
2. Approve the Evaluation procedure of efficiency of tax benefits according to appendix.
3. To the Ministry of Economics of the Kyrgyz Republic together with the Ministry of Finance of the Kyrgyz Republic, the State Tax Administration under the Government of the Kyrgyz Republic, the State Customs Service under the Government of the Kyrgyz Republic and National Statistical Committee of the Kyrgyz Republic (in coordination) to carry out efficiency evaluation of the operating tax benefits and till March 1, 2017 to introduce in accordance with the established procedure in the Government of the Kyrgyz Republic the bill providing introduction of amendments to the Tax Code of the Kyrgyz Republic regarding cancellation of inefficient tax benefits.
1. This Procedure determines objects of efficiency evaluation of the tax benefits operating or planned to provision (further - tax benefits), approaches to assessment, the list and the sequence of actions when evaluating, cast and their relations, and also the requirement for use of results of assessment.
2. The basic concepts and terms used in this Procedure:
- "Tax benefit" - the benefit determined by the tax amount which is not paid to the budget as a result of provision by the state or local self-government of certain category of taxpayers of the special rights or obligations which use allows such taxpayers to be in more advantageous position in comparison with other taxpayers;
- "Efficiency of tax benefits" - effectiveness of financial and economic activities of categories of taxpayers to which tax benefits are provided, and also creating favorable conditions for development of infrastructure of the social sphere and increase in social security of the population (further - cumulative efficiency);
- "Authorized state body" - the state body of the Kyrgyz Republic having functions and powers on regulation of tax legal relationship, carrying out tax and customs policy.
3. Main objectives of tax benefits are:
- ensuring economic interest of the organizations and physical persons in expansion of types of economic activity, priority for the Kyrgyz Republic;
- creation of the economic conditions necessary for development of investing activities in the Kyrgyz Republic;
- rendering economic support to the organizations in the solution of social tasks, priority for the Kyrgyz Republic;
- creation of favorable economic conditions for activities of the companies applying work of socially unprotected categories of physical persons.
4. The authorized state body carries out final efficiency evaluation of the tax benefit initiated by state body or the subject in the presence of efficiency evaluation of the tax benefit corresponding to the size equal to unit or more unit which is carried out by the state body or the subject initiating establishment of tax benefit.
5. The efficiency evaluation of the operating privileges is carried out by tax and customs authorities.
6. The project of regulatory legal act providing tax benefit is subject to the analysis which shall be carried out according to this Procedure the state body or the subject initiating establishment of tax benefit and is subject to variation in case of non-presentation by the initiator of tax benefit of assessment testimonial of availability of positive effect from establishment of tax benefit.
7. Privileges on the taxes established in the Kyrgyz Republic are provided based on the tax legislation of the Kyrgyz Republic.
8. For the purposes of application of this Procedure tax benefits are subdivided into the following types:
- withdrawal or exception of the taxation of separate elements of the taxation object;
- exemption of tax (complete or partial);
- tax rate reduction;
- decrease in taxable basis;
- other types of the state support provided by the tax legislation of the Kyrgyz Republic.
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