The Order Granting a Deferral and Installment Payment of Taxes, Levies and Customs Duties

By: Adan Branton | Posted: 14th March 2011

Of deferral and installment payment of taxes
Tax credit
Normative distribution of proceeds

The order granting a deferral and installment payment of taxes, levies and customs duties

Deferral and (or) installments may be granted in respect of all sums payable taxes and penalties, or part thereof in one or more types of taxes.
On payments made to the state budget funds, deferral and (or) the installment plan are not available.
If an extension is granted and (or) payment in installments of taxes and penalties in cases of threat of economic insolvency (bankruptcy), if production and (or) sale of goods (works, services) are seasonal in nature and accrued interest is paid at a rate of 1 / 4 of the National Bank refinancing rate Republic of Belarus.
Deferral and (or) Installment payment of taxes and penalties in cases of delay in funding from the budget, including payment of performance of the state order, the damage caused by natural disasters, technological disasters or other force circumstances are provided, respectively, within the sums of money not received from the budget with funding, including non-payment of performance of the state order, a sum of money for which the damage occurred.
Legal entities applying for a deferral and (or) the installment plan, submit to the Republican state administration bodies, other state organizations subordinated to the Government of the Republic of Belarus, in subordination to which they are located, and the legal entities that are not subordinate to those bodies (organizations), and individual entrepreneurs - in (Minsk City Executive Committee) statement of grant of deferral and (or) installments in the form prescribed by the Ministry of Finance.
The application shall be accompanied by:
balance sheet for the previous and current year of the last reporting date;
Help on the main economic indicators in the form approved by the Ministry of Economy;
tax authorities on the status of payments to the budget in the form approved by the Ministry of Taxes and Levies;
Help the customs authority of the state settlements with the budget in the form approved by the State Customs Committee;
Extract from the list of industries and activities that are seasonal in nature (for a deferment, and (or) the installment plan on the basis, if the production and (or) sale of goods (works, services) are seasonal in nature);
expert opinions about the cost of damage to a legal entity or individual entrepreneur in a natural disaster, technological accident, or other force circumstances, as well as the cost of damages.
Republican state administration bodies, other state organizations subordinated to the Government of the Republic of Belarus (Minsk City Executive Committee) based on analysis of submissions from legal entities and individual entrepreneurs draw up the conclusion of the feasibility of providing them with grace and (or) installment in the 10-day period, send a draft decision to the President of the Republic of Belarus (hereinafter - the draft decision) for approval to the Ministry of Economy, Ministry of Finance, Ministry of Taxation or the State Customs Committee (for a deferment, and (or) payment by installments of customs duties), Ministry of Justice. Agreed with those public authorities a draft decision to be agreed with the State Control Committee.
The draft decision should include:
legal entity or name, first name of an individual entrepreneur, claiming the deferral and (or) installments;
taxes, the amount of tax arrears and penalties, which provided respite and (or) installments, the date at which the debt is subject to deferral and (or) installments;
duration of the deferral and (or) installments;
the rate of interest for the use of suspended and (or) installments;
the timing and procedure for payment of taxes and interest for the provision of extension and (or) installments;
name and quantity of goods transported across the customs border of Belarus, for which the postponing and (or) the installment payment of customs duties, as well as the purpose of their use;
Name of state governmental bodies, other state organizations subordinated to the Government of the Republic of Belarus responsible for supervising the implementation of the decision;
sanctions imposed in the case of any breach of deferment, and (or) the installment plan, as well as misuse of funds made available in connection with the provision of extension and (or) the installment plan, and (or) goods in respect of which the postponing and (or) Installment payment of customs duties.
The agreed draft decision submitted by the republic governments, other state organizations subordinated to the Government of the Republic of Belarus (Minsk City Executive Committee) of the Council of Ministers.
The Council of Ministers of the Republic of Belarus in the 15-day period, send the draft decision to the President of the Republic of Belarus through the Presidential Administration.
Draft decisions submitted by the Council of Ministers in violation of the requirements established by these Regulations shall not be considered and returned to the Administration of President of the Republic of Belarus Council of Ministers.
In case the President of the Republic of Belarus decision to grant a deferral and (or) Hire a copy of this decision be sent to:
1. entity or individual entrepreneur who granted an extension and (or) installments;
2. the Ministry of Taxes and Levies and (or) to the State Customs Committee;
3. in republican governments, other state organizations subordinated to the Government of the Republic of Belarus, which are responsible for monitoring the implementation of the decision.
4. Action delay and (or) installments shall cease after a deadline set by the decision on their grant, or in cases of:
5. advanced payment of legal entity or individual entrepreneur to the amount of taxes and interest thereon;
6. violation of a legal entity or individual entrepreneur to the conditions for granting and repayment deferral and (or) installments.
Failure to pay within the prescribed period the amount of taxes, which granted a deferral and (or) the installment plan, tax or customs authorities in accordance with the laws make recovery of this amount from the accrual of penalties in the amount of refinancing of the National Bank, serving on the day of collection.
Accrual of penalty for late payment of taxes, which granted a deferral and (or) the installment plan, produced for the entire period of deferral and (or) installments starting from the day following the day of the deadline for payment of this amount, the tax legislation, including the day of making it to the budget.
If you violate the conditions of granting a deferral and (or) the installment plan as defined by these regulations, legal entities or individual entrepreneurs lose the right to use the deferral and (or) the installment plan, and the amount of taxes collect
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Tags: legal entities, natural disasters, tax authorities, installment plan, insolvency bankruptcy