Belarus Tax Consultant Qualification Examination flashcards
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- Tax Code structure
- Belarus Tax Code comprises a General Part covering principles, obligations, control and liability, and a Special Part setting individual taxes and special regimes.
- Presumption of good faith
- Ambiguities and contradictions in tax legislation are interpreted in favour of the taxpayer, who is presumed to act lawfully until proven otherwise.
- Tax versus levy
- A tax is a mandatory individually gratuitous budget payment; a levy is charged for a legally significant action by a state body in the payer's interest.
- Profit tax standard rate
- Belarusian legal entities pay profit tax at 20% of taxable profit, computed as revenue less deductible costs, with quarterly or monthly advances.
- VAT reduced rate
- A 10% VAT rate applies to listed goods such as certain foodstuffs, children's goods and medicines, while the standard rate is 20%.
- Zero VAT on exports
- Exports are taxed at a 0% VAT rate provided the taxpayer confirms the export with documents required by the Tax Code.
- Excise rates
- Excise on alcohol, tobacco, fuel and cars is set either ad valorem as a percentage of value or specifically as a fixed amount per unit.
- Organisation real estate tax
- Organisations pay real estate tax at a rate up to 1% per year of the residual or cadastral value of buildings and structures.
- Land tax base
- Land tax is computed from the cadastral value of the plot, with rates set per hectare depending on region and land category.
- Environmental tax
- Environmental tax is levied on emissions, discharges and waste disposal within established limits, at rates set per unit of pollutant.
- Personal income tax rate
- Personal income tax applies at 13% to employment income and most other income of individuals, withheld by the employer as tax agent.
- Tax residency test
- An individual is a Belarusian tax resident if physically present in Belarus for 183 or more days within a calendar year.
- Single tax for entrepreneurs
- Individual entrepreneurs may pay a single tax replacing personal income tax, with rates per activity type set by regional councils.
- Individual property tax
- Individuals pay property tax on apartments, houses and garages, based on cadastral value with rates set by local councils.
- Simplified tax system rates
- STS applies at 5% of gross revenue without VAT or 3% when VAT is paid, with higher variants for VAT-paying entities.
- Agricultural producers regime
- The single tax on agricultural producers applies when the share of agricultural revenue meets the statutory threshold and replaces several taxes.
- Loss of STS eligibility
- Exceeding revenue or headcount thresholds forces the taxpayer to switch to the general regime from the start of the relevant quarter.
- Employer social contributions
- Employers remit mandatory contributions to the Social Protection Fund at 34% of the payroll fund plus occupational accident insurance at risk-class rates.
- Employee social contribution
- Employees contribute 1% of wages to the Social Protection Fund, withheld by the employer and remitted with employer contributions.
- Payroll PIT withholding
- The employer withholds personal income tax at 13% from wages and remits it to the budget within the statutory deadline after payment.
- Desk tax audit
- A desk audit is conducted by the tax authority at its premises by reviewing filed declarations and documents without visiting the taxpayer.
- Field tax audit
- A field audit takes place at the taxpayer's premises and generally covers no more than three calendar years preceding the audit decision.
- Tax overpayment refund
- A taxpayer may offset or claim a refund of overpaid tax within three years from the date the overpayment arose.
- Taxpayer registration duty
- A newly registered entity must register with the tax inspectorate within 10 working days of state registration and report data changes.
- Treaty residence certificate
- A non-resident claiming double taxation treaty benefits must provide a certificate of residence confirmed by the competent authority of its state.
- Permanent establishment
- A non-resident's fixed place of business or dependent agent in Belarus creates a permanent establishment and Belarusian tax liability.
- Transfer pricing scope
- Transfer pricing rules cover controlled transactions between related parties and transactions with residents of low-tax jurisdictions.
- Arm's-length principle
- Controlled transactions must be priced as between independent parties; taxpayers prepare documentation and notify the tax authority.
- Business purpose doctrine
- Tax planning based on artificial structures lacking economic substance may be recharacterised, and the tax benefit denied by the authorities.
- Consultant confidentiality
- A tax consultant must keep client information confidential and may not disclose it without consent except where required by law.
- Late declaration penalty
- Failure to file a tax declaration on time triggers a penalty of 5% of the unpaid tax per month, capped by the Tax Code.
- Tax dispute appeal
- A tax audit decision may be appealed to a higher tax authority within 30 days and subsequently to an economic court.