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/ta/id/220147

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, no. 102, 131) the following amendments: 1. in article 6: Add to the first part of paragraph 6 after the number "7." with name and number "and 9.1";
to supplement the first part with the 17, 18 and 19 of the following paragraph: "17) shows the amount by which the taxable person has not carried out the settlement and for which the seller of goods or a provider of services under this law, the first paragraph of article 9.1 7. point informed the taxpayer — the customer;
18) show the amount in accordance with article 9.1 of this law established a provision for non-secure debts, if one of the following conditions is met: (a) the debt is not recovered) three pirmstaksācij period after the savings created will not secure debts, b) shows does not comply with this law, the provisions of article 9, but the stock is scrapped before a deadline referred to in point and is not included in revenue;
19) the difference between the released (ceded) displays the value and the amount of money obtained for the transfer of the claim (effectiveness) to another person. ";
Add to article 2.1 part as follows: "(21) of the first subparagraph of point 19 shall not apply where the first two and one of the other conditions mentioned in this paragraph: 1) the transferee is taxable business income or business income tax for a taxable person;
2) the transferee is a national of a Member State of the European Union or the European economic area country resident, resident of the State or with which Latvia has concluded a Convention for the avoidance of double taxation and the prevention of fiscal evasion, if this Convention has entered into force;
3) assignment transaction does not occur with the related business or organization-related person;
4) assignment of the transaction which happens to related business or organization-related person, the value corresponds to the market value. ";
to complement the fourth part 3 after the number "7." with name and number "and 9.1";
adding to the fourth subparagraph of paragraph 13 by the following: ' 13) for the amounts in accordance with the first subparagraph of paragraph 17 of the previous taxation periods has increased taxable income, but in respect of which the taxable person has carried out during the tax period settlement. "
2. Turn off the fourth paragraph of article 9.
3. To supplement the law with article 9.1 of the following: ' article 9.1. Stocks are not secure debts (1) taxable income tax on the taxable person does not increase the amount of the deduction for the tax period in which the previous taxation period is the increase in unsecured debts for stocks, if the following conditions are fulfilled: 1) displays the execution day has occurred more than six months but not earlier than 1 January 2009;
2) income relating to these debts is included in the taxable income calculation;
3) customer is a legal person, which is a Member State of the European Union or the European economic area country resident, a resident of the State or with which Latvia has concluded a Convention for the avoidance of double taxation and the prevention of fiscal evasion, if this Convention has entered into force;
4) taxpayer and customer not affiliated companies or any of them is not related to the company;
5) dealing with the customer is suspended for at least six months ago and has not been renewed;
6) the taxpayer can demonstrate that take the steps in a debt recovery is not secure;
7) taxable persons until the tax year December 31 in writing informed the recipient of goods or services — that the customer of the amount of the debt (including transaction document properties) are created for the provision of unsecured debts under this article.
(2) the unsafe for savings increase the debt amount, determined in accordance with the first paragraph of this article, shall not exceed 20 percent of the tax period taxable income (taxable income after adjustment). "
4. transitional provisions be supplemented with 94, 95, 96 and 97. following paragraph: "the law on Amendment 94 article 6, first paragraph, paragraph 6, article 6, first paragraph regarding the addition to paragraph 17, the fourth part of article 6, paragraph 3 shall apply to the taxation period, starting in 2011, to the tax period starting in 2013.
95. the law on amendments to article 6, first paragraph regarding the addition to paragraph 18 and the fourth paragraph of article 6 with regard to its complementarity with paragraph 13 shall apply to the taxation period starting in 2011.
96. the law on amendments to article 6, first paragraph regarding the addition to paragraph 19, in article 6 with regard to its complementarity with 2.1 and amendment article 9 in respect of the fourth part applies to taxation periods beginning in 2010.
97. Article 9.1 of this law shall apply to stocks for safe debt created by starting with the tax period, which begins in 2011, up to the taxation period that begins in 2013. "
The law adopted by the Parliament in 2010 7 October.
President Valdis Zatlers in Riga V 2010 on October 27.