Amendments To The Law "on Enterprise Income Tax"

Original Language Title: Grozījumi likumā "Par uzņēmumu ienākuma nodokli"

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Read the untranslated law here: https://www.vestnesis.lv/op/2013/119.5


The Saeima has adopted and the President promulgated the following laws: the amendments to the law "on enterprise income tax" to make the law "on enterprise income tax" (Latvian Saeima and the Cabinet of Ministers rapporteur, 1995, 7, 24 no; 1996, nr. 9, 15; 1997, no. 8, 24; 1998, nr. 8, 21; 1999, no. 6, 24; 2000, no. 9; 2001, 1, 5, 24 no; 2003; 2005, 15 No 2. 24. no; in 2006, no 1; 2007, 3, 12, no. 24; 2009, 1., 15., no. 21; Latvian journal, 2009, 175, 200. no; 2010, 102, 131, no. 170, 206; 204. in 2011, no; 2013, 53 no) the following amendments: 1. Put 1 article twenty-seventh subparagraph by the following: "(27) the original long-term investment — investment in unused (new) fixed assets [new production technological equipment and telecommunications and software equipment, pipelines, communication and power lines (structure classification code 22) and their support systems that ensure full production or service delivery cycle of technological operations], as well as investments in buildings and structures that are in accordance with the laws and regulations that determines the structure of the classification are classified as traffic and communication buildings (structure classification code 124), industrial buildings and warehouses (structure classification code 125) and transport structures (structure classification code 21), within the framework of the investment project to be supported, where those long-term investments used for the taxable person's business activity of this law article 17.2 eighth assisted indicated priority sectors and the law have been complied with article 17.2 of the fourth part 4 requirements, paragraph. " 2. in article 3: a supplement to article 4.7 part as follows: "(47) fourth subparagraph of this article point 5 shall not apply to payments for international traffic used aircraft leases."; adding to eighth after the word "charges" with the words "and dividends"; to complement the ninth subparagraph following the words ' from those payments "with the words" excluding dividends ". 3. in article 4: turn off the third sentence of the first subparagraph; to supplement the article with the eleventh subparagraph by the following: "(11) in the first subparagraph of this article, the specified factor does not apply to: 1) donation amounts donated in this law, the institutions referred to in article 20.1, if the donation target set in the donation recipient, do not include the direct or indirect reference to a specific donated funds to the recipient that is associated with the donor company or affiliated person or employee, or by donating to the employee's family member as well as the donation does not perform the requested remuneration practices that focus on the provision of the benefit to the donor, the donor related company or person donating a relative to the third degree, or the spouse or donor interests associated with the charity; 2) payments to be made in accordance with the decisions of the European Commission about State aid for the reorganisation of credit institutions in connection with active rescue measures. " 4. Supplement article 5 to 10 by the following: "(10) the eighth part of this article shall also apply to a corporation that has annulled the licence (permit) for the operation of the credit institution, if payments are made for the maintenance of security costs, established at a time when the Corporation was a license (permission) for the activity of the credit institution." 5. in article 6: to supplement the first part with 8.1 and 8.2 points as follows: ' 81) loss from the European Union or the European economic area publicly traded securities other than shares; 82) other expenses related to the campaign and the European Union or the European economic area of publicly traded securities in the acquisition, disposal or storage of taxation period; "; Add to fourth with 15 and 16 for the following: "income from their 15) about the European Union or the European economic area, publicly traded securities, other than shares disposal; 16) for the delay and the amount of the fine, which is deleted in accordance with the tax laws of the aid measure. 6. Make article 9 the second paragraph as follows: "(2) the taxpayer's taxation year can reduce taxable income: 1) on the amount of money that was in the taxpayer's checking account at the time when the Court decided on the commencement of bankruptcy proceedings of a credit institution, and was not recovered; 2 the credit institution) the value of the goods or services for which, until the Court decided on the commencement of bankruptcy proceedings of a credit institution, the reward was received. " 7. in article 17.2: Supplement 1.1 subparagraph following the words "taxable person" with the words "in respect of investments that are eligible investments applied for project"; Add to a quarter with 3.1 points as follows: "31) investment in buildings and structures shall not exceed 40 per cent of the total initial amount of long-term investment;" Replace paragraph 5 of part IV of the names and the number "rental right must be at least 13 years" with the words and "rental right shall be at least 12 more years"; Replace paragraph 6 of the fourth part, the word "two" with the word "three"; replace the fifth paragraph, the words "certain corporate tax discount" with the words "in particular direct tax rebates"; express the sixth part as follows: "(6) this article does not apply to the tax discount on taxable persons: 1) starting with the tax period in which the taxable person is declared by a Court of insolvency proceedings or the judgment of the Court is the legal protection process, or by a decision of the Court of Justice is an out-of-court redress process, the previous bankruptcy, or the restoration of a suitable composition or its economic activity is terminated; 2) starting with the tax period in which the taxpayer's capital has dropped more than half, and more than a quarter of the reduction of the issued share capital is reduced in the last 12 months prior to the submission of the project to the Ministry of the economy. This paragraph does not apply to merchants that meet the Commission's august 6, 2008, Regulation (EC) No 800/2008, which recognize certain categories of aid compatible with the common market in application of articles 87 and 88. (General block exemption regulation) (text with EEA relevance), contained in annex I of the definition of small and medium-sized enterprises, if they are registered in less than three years; 3) which according to the last two years, the report on the annual accounts and the last available operational reports for the project at the date of application are ailing economic analyst — signs of damage increase, the reduction in turnover, declining cash flow, debt, interest payment, stock inventories, low liquidity ratio, the reduction in value of assets or equalisation with zero. This paragraph does not apply to merchants that meet the Commission's august 6, 2008, Regulation (EC) No 800/2008, which recognize certain categories of aid compatible with the common market in application of articles 87 and 88. (General block exemption regulation) (text with EEA relevance), contained in annex I of the definition of small and medium-sized enterprises; 4) which on the last day of the tax period, the tax debt in excess of 100 pounds total, except tax payments, terms of payment of which has been extended in accordance with the law on taxes and duties "; 5) covered by a recovery order in accordance with the decision of the European Commission, with which the national or European Union support is considered illegal and incompatible with the common market. '; to complement the eighth with 17, 18, 19, 20, 21, 22, 23, 24 and 25 by the following: "17) textiles manufacturing (NACE C13); 18) clothing manufacturing (NACE C14); 19) leather and leather products (NACE C15); 20) paper and paper products (NACE C17); 21) printing and reproduction of records (NACE C18); 22) coke and petroleum products manufacturing (NACE C19); 23) non-metallic mineral products manufacturing (NACE not applicable); 24) other manufacturing (NACE C32); 25 equipment and appliances) repair and installation (NACE C33). "; replace the words "the ninth part of the buildings and structures that made the original long-term investment" with the words "buildings and premises acquired or created within the framework of the investment project to be supported, as well as eligible investments in the project or the reconstructed restored buildings and structures"; Add to article 9.1 of the part as follows: "(91) original long-term investments are not included in the vehicle in accordance with the laws and regulations in the field of traffic are intended for road traffic safety Directorate or the State technical supervision of the Agency implements the registry." 8. To supplement the transitional provisions 101 after the words "related to the public ' with the words ' or the European economic area countries, with which Latvia has concluded and the entry into force of the Convention for the avoidance of double taxation and the prevention of fiscal evasion, the Corporation". 9. transitional provisions be supplemented by 108, 109, 110.. and 111 points by the following: "108. Article 3 of this law shall apply to parts 4.7 starting with 1 July 2013. Amendment 109 article 4 of this law in the first paragraph, and article 4 of the eleventh part, article 5 of the tenth, the fourth part of article 6, paragraph 16 and amendment article 9, second paragraph is applicable, starting with the tax period, beginning in 2012. 110. Article 6 of this law, the first Part 8.1 and 8.2 points, the fourth part of article 15 shall apply, starting with the tax period, which starts in 2013. 111. Losses resulting from securities sales until 2012 31 December, except for the losses from the European Union or the European economic area publicly traded securities sales, and which were not covered, you can cover the chronological order of the next tax period taxable income, but no more than that amount of loss. " The Parliament adopted the law on 6 June 2013. The President a. Smith in 2013 on June 21.