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The 2012 worldwide VAT, GST and sales tax guide

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44 A ZERBAIJAN<br />

person for <strong>VAT</strong> purposes. As a result, the Azerbaijan <strong>tax</strong> law does<br />

not provide for group registration.<br />

Nonestablished businesses. <strong>The</strong> provision of services in<br />

Azerbaijan by a foreign legal entity that does not have a permanent<br />

establishment in Azerbaijan (a nonestablished business) <strong>and</strong><br />

that is not registered for <strong>VAT</strong> in Azerbaijan to a person registered<br />

or to be registered for <strong>VAT</strong> purposes in Azerbaijan (<strong>tax</strong> agent) is<br />

subject to <strong>VAT</strong> based on a reverse-charge mechanism. In such a<br />

case, the <strong>tax</strong> agent must calculate <strong>and</strong> pay <strong>VAT</strong> from the amount<br />

to be paid to the nonestablished business.<br />

Late-registration penalties. If a <strong>tax</strong>payer subject to <strong>VAT</strong> registration<br />

does not register for <strong>VAT</strong> purposes <strong>and</strong> carries out <strong>tax</strong>able<br />

activities, the <strong>tax</strong>payer is subject to a financial sanction equaling<br />

50% of the <strong>VAT</strong> amount payable to the state budget for the entire<br />

period during which the <strong>tax</strong>payer carried out activities without<br />

<strong>VAT</strong> registration.<br />

D. <strong>VAT</strong> rates<br />

<strong>The</strong> st<strong>and</strong>ard rate of <strong>VAT</strong> is 18%. Certain supplies are zero-rated<br />

or exempt from <strong>VAT</strong>.<br />

<strong>The</strong> following tables list examples of goods <strong>and</strong> services that are<br />

zero-rated or exempt from <strong>VAT</strong> (these lists are not exhaustive).<br />

Examples of zero-rated supplies<br />

Goods <strong>and</strong> services intended for the official use of the diplomatic<br />

<strong>and</strong> consular representative offices of international agencies,<br />

or for the personal use of the diplomatic, administrative <strong>and</strong><br />

technical personnel of such representative offices<br />

Exportation of consulting, legal, accounting, engineering, advertisement<br />

<strong>and</strong> other services<br />

Importation of goods, supply of goods, performance of works<br />

<strong>and</strong> provision of services to recipients under grants, with the<br />

proceeds of uncompensated financial aid (grants) received from<br />

abroad<br />

International or transit transportation (transportation of goods<br />

through Azerbaijan between two frontier posts of the country) of<br />

cargo or passengers<br />

Examples of exempt supplies<br />

Provision of financial services<br />

Contribution of property to an enterprise’s charter fund (capital)<br />

in the form of participation share, except for imported property<br />

(if the contribution of property in the form of participation share<br />

is not directly connected to the acquisition of other property in<br />

exchange)<br />

Sale or purchase of all types of mass media products <strong>and</strong> the<br />

publishing of mass media products (except for advertising<br />

activities)<br />

Transportation of passengers by subway<br />

Production of textbooks for schools, literature for children <strong>and</strong><br />

state publications funded by the state budget<br />

E. Place of supply<br />

Goods. <strong>The</strong> transfer of goods is deemed to occur at the place<br />

where they are made available. If the conditions for the supply

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