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The 2012 worldwide VAT, GST and sales tax guide

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B ELARUS 55<br />

A <strong>tax</strong>payer must confirm the method of revenue recognition in its<br />

accounting policy. <strong>The</strong> accounting policy is a document adopted<br />

by a company for each year that describes methods (that do not<br />

contradict local law) applied by a company to carry out accounting<br />

under Belarusian generally accepted accounting principles<br />

(GAAP). Accounting policy must comply with local law requirements,<br />

but it may differ from company to company in certain<br />

elements.<br />

Imported goods. Imported goods are subject to import <strong>VAT</strong> in<br />

Belarus.<br />

For goods imported from countries that are not members of the<br />

Customs Union, <strong>VAT</strong> is collected by the customs authorities. For<br />

goods imported from countries that are members of the Customs<br />

Union, <strong>VAT</strong> is collected by the <strong>tax</strong> authorities. <strong>VAT</strong> on imports is<br />

payable on the customs value of goods, including import duty <strong>and</strong><br />

excise duty if applicable.<br />

<strong>VAT</strong> on purchases of goods (works <strong>and</strong> services) from foreign legal<br />

entities. Belarusian legal entities <strong>and</strong> individual entrepreneurs<br />

that acquire goods (works <strong>and</strong> services) from foreign legal entities<br />

must calculate <strong>and</strong> pay <strong>VAT</strong> to the budget if the foreign legal<br />

entities do not have a permanent establishment in Belarus.<br />

Subsequently, Belarusian legal entities or individual entrepreneurs<br />

may deduct the amount of paid <strong>VAT</strong>.<br />

G. Recovery of <strong>VAT</strong> by <strong>tax</strong>payers<br />

A <strong>tax</strong>payer may recover input <strong>VAT</strong>, which is <strong>VAT</strong> charged on<br />

goods (works <strong>and</strong> services) <strong>and</strong> property rights supplied for carrying<br />

out activities within the scope of <strong>VAT</strong>. A <strong>tax</strong>payer generally<br />

recovers input <strong>VAT</strong> by deducting it from output <strong>VAT</strong>, which is<br />

<strong>VAT</strong> charged on supplies made.<br />

<strong>The</strong> following amounts of input <strong>VAT</strong> may be deducted:<br />

• <strong>VAT</strong> presented for payment by sellers (except foreign legal entities<br />

that do not have a permanent establishment in Belarus) to<br />

buyers with purchased goods<br />

• <strong>VAT</strong> paid on imported goods<br />

• <strong>VAT</strong> paid on goods (works <strong>and</strong> services) <strong>and</strong> property rights<br />

purchased from foreign legal entities that do not have a permanent<br />

establishment in Belarus<br />

Nondeductible input <strong>tax</strong>. Amounts of input <strong>VAT</strong> cannot be recovered<br />

in the following circumstances:<br />

• <strong>The</strong>y were deducted as expenses for corporate profits <strong>tax</strong> purposes.<br />

• <strong>The</strong>y were allocated to the value of goods (works <strong>and</strong> services)<br />

<strong>and</strong> property rights (including fixed <strong>and</strong> intangible assets).<br />

• <strong>The</strong>y were involved in certain other cases.<br />

Partial exemption. If a <strong>tax</strong>payer engages in both exempt <strong>and</strong> <strong>tax</strong>able<br />

activities, it may account for input <strong>VAT</strong> related to each activity<br />

separately. In this case, input <strong>VAT</strong> directly related to <strong>tax</strong>able<br />

activities is recoverable in accordance with the sequence of <strong>VAT</strong><br />

deductions, <strong>and</strong> input <strong>VAT</strong> directly related to exempt activities is<br />

not recoverable <strong>and</strong> must be expensed for corporate profit <strong>tax</strong><br />

purposes. If the <strong>tax</strong>payer does not keep separate accounts of input<br />

<strong>VAT</strong> attributable to <strong>tax</strong>able <strong>and</strong> exempt activities, it must be

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