Amendments To The Law "on Personal Income Tax"

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

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/215301

The Saeima has adopted and the President promulgated the following laws: the amendments to law "on personal income tax" make law "on personal income tax" (the Republic of Latvia Supreme Council and Government Informant, 1993, 22/23.nr.; The Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 1994, nr. 2, 23; in 1995, 8., no. 14; 1996, no. 9; 1997, nr. 3, 21; in 1998, no 1; 1999, nr. 24; 2000, no. 5; 2001, no. 1, 24; in 2002, no 6; 2003, no. 15; 2004, no. 2; in 2005, 2., 8., no. 24; in 2006, 14, no. 22; 2007, 3, 12, no. 24; 2008, no. 12; 2009, 1., 2., no. 15, 16; Latvian journal, 2009, 200. no; 2010, no. 82.) the amendments are as follows: 1. Article 1: Add to the first part of paragraph 6 by the following: "tax fraction 6) micro-enterprise under the Tax Act for micro enterprises.";
to complement the second subparagraph following the words ' fixed-income tax "with the words" micro ".
2. Add to article 2 paragraph 4 with the following: "4) owners of micro-enterprises under the Tax Act for micro enterprises."
3. Article 3: to supplement the first sentence with the following: "micro-businesses are taxed under the income tax act for micro enterprises.";
Add to article 1.1 part as follows: "1.1 the Person who under the Tax Act has a Micro micro micro owner or employee, the taxable object defines a micro Tax Act.";
supplement of part 7.1 points after the words "instruments" with the words "seizures which regulates the circulation of financial instruments market law".
4. Supplement article 6 with the sentence the following wording: "If a person is an employee of micro, micro notebook presented."
5. Add to the third paragraph of article 8 with 11.1 points as follows: "111) other income from capital, which are not mentioned in this part, 11, 12, 13, 18 and 20."
6. Add to article 9, the first paragraph of point 4.1 of the following wording: "41) of claims paid, due to an accident to the insured person's life and health, accident or sickness, in accordance with the life insurance contract (including the funds accrual) regardless of who has entered into a contract of insurance."
7. Supplement article 10 to the fifth subparagraph by the following: "5. the first paragraph of this article 1, 2, 5, and 6. the expenditure referred to in paragraph 1 shall not apply to micro-micro-taxable income of the employee from the micro-enterprises. This article is referred to in the first subparagraph shall not apply to expenses operating income which is paid or patentmaks fixed income tax. "
8. in article 11: Supplement l. 2 subparagraph following the words "sworn bailiff" with the words "accounting officer";
Add to article 9.1 of the part as follows: "9.1 physical person's taxation year operating losses incurred by the taxable person — micro owner when it was called the taxable person may not be carried over to the next tax year, in determining the taxable income of economic activity."
to supplement the article with the fourteenth, fifteenth and sixteenth part of the following: "14. the provisions of this article, except for the part not applicable 9.1 for the taxable person who has opted to pay the tax in accordance with the micro-micro-tax law.
15. Operating expenses relating to the tax period in which the taxpayer was taxable, the micro is not taken into account in determining the individual income tax on taxable income from economic activity.
16. Persons who keep accounting records in a simple a record in State aid for agriculture or for European Union aid for agriculture and rural development amounts according to the conditions of the aid granted to compensate for the purchase of fixed assets, operating revenues include the tax gradually over several years according to the relevant taxation year for the purposes of calculating the tax specified in the value of the depreciation of the fixed asset. If the received State aid to agriculture or EU support for agriculture and rural development amount partly covered by the fixed asset acquisition or cost of establishment, shall be shown in the financial year revenue according to them during the year of this fixed asset depreciation and write-downs of the value of the sum of the parts that relate to the received State aid to agriculture or European Union support for agriculture and rural development. "
9. in article 11.1: replace the fourth subparagraph of paragraph 11 the number "40" with the number "60";
to supplement the article with the eleventh, twelfth and thirteenth part as follows: "11." this article, with the exception of the second subparagraph shall not apply to a taxable person who has opted to pay the tax in accordance with the micro-micro-tax law.
12. An individual's taxation year operating losses incurred by the taxable person — micro owner when it was called the taxable person may not be carried over to the next tax year, in determining the taxable income of economic activity.
13. Operating expenses relating to the tax period in which the taxpayer was taxable, the micro is not taken into account in determining the individual income tax on taxable income from operating activities. "
10. Add to article 11.3 to the fifth subparagraph by the following: "5. The taxable income should not be reduced by the amount of debt incurred in the tax year in which the economic operator, sole proprietor, sole proprietorship, as well as a farmer or fisherman's farmstead was micro taxable."
11. Express 11.5 article eighth as follows: "8. the person, who for the previous tax period are paid fixed income tax or patentmaks, or according to the tax law of micro-micro-tax, before this law, the application of article 11 or 11.1 to the personal income tax for the determination of taxable income, residual value of fixed assets at the beginning of the taxation year is determined from the acquisition or creation of value minus depreciation calculated on periods of pirmstaksācij in accordance with the law" on enterprise income tax "article 13."
12. Supplement article 11.6 to sixth by the following: "5. The provisions of this article shall not apply to a taxable person who has opted to pay the tax in accordance with the micro-micro-enterprise tax law and real property disposal or retraining."
13. in article 9: make a quarter by the following: "4. If the capital asset is acquired, its legacy acquisition value considers the inheritance mass specified in particular in the capital asset. If the capital asset is obtained on a contractual basis, the donation made on the acquisition value is considered appropriate in the particular gift of capital asset that is not greater than the capital asset disposal price. ";
Add to article 9.1 of the part as follows: "9.1 loss which is resulting from the disposal of capital assets, obtained on the donation contract, if the contract specifies the particular gift of the capital asset value exceeds a particular capital asset disposal value are not taken into account in the tax year capital gains calculation.";
to make the 11th part of paragraph 4 by the following: "4) income from the life insurance contract entered into with the accumulation of assets that originates as a positive difference between the calculated and all claims insurance premiums that insurance for the duration of the contract paid for this insurance contract."
14. Article 11.10: turn off the second part of paragraph 3, the words "of wood, straw, clay, glass or stone";
to make the second part of paragraph 5 by the following: "5) photography, video recording and audio recording services;";
to complement the fourth paragraph after the words "fixed" by the words "or micro-enterprise".
15. in article 12: replenish the fifth with the words "except as provided for in this article";
to supplement the article with the seventh, eighth and ninth subparagraph by the following: "7. The payer of the tax year in the period in which it has been micro-micro-taxable employee, shall not apply in the first part of this article down the non-taxable minimum.
8. The payer of the tax year in the period in which it has been micro-micro-taxable employee, the fifth part of this article set out in the non-taxable minimum applies only to retirement income.
9. Taxable income from capital is not laid down in this article is the non-taxable minimum. "
16. To supplement article 13, third sentence with the following: "the person in the taxation year the period in which it has been micro-micro-taxable employee, did not apply the first subparagraph of paragraph 1 and 4 in benefits."
17. in article 15: to make a fifth by the following: "5. the fixed income tax amounting to 5 percent of the tax period the income from economic activity. Revenues exceed 10 000 LVL, applies additional rate 7 percent. "

to supplement the article with an eighth of the following: ' 8. Micro-enterprises or micro-enterprise owner's income tax rate applicable to the corresponding micro-tax law. "
18. To supplement the article with part 3.1 16.1 the following: "3.1 On the income of the life insurance contract entered into with the accumulation of funds shall be considered as the date when the requested insurance reimbursement is paid."
19. in article 17: Add to article 5.1 part as follows: "a natural person-micro 5.1 employee-payroll tax paid under the Tax Act for micro enterprises.";
to supplement the article with the twenty-fourth paragraph as follows: "Micro-micro-24. a taxable person — this article does not apply to the part of the sixth and seventh and twelfth, 12.1 and 12.2 of part part of the rules relating to article 3 of this law a third of income referred to in paragraph 1."
20. Article 18: turn off 4.1;
Supplement to the twelfth article as follows: "12. The provisions of this article shall not apply to a taxable person who has opted to pay the tax in accordance with the micro-micro-tax law."
21. To complement the second subparagraph of article 19 with the following sentence: "the Declaration does not produce gainful employment income that are paid according to the micro-micro-tax law, as well as operating income gained in micro-enterprise."
22. the third paragraph of article 20: replace paragraph 2 numbers and the word "7.1 and 19." with the figures and word "7.1 and 17.";
Add to part with 2.1 as follows: "21) receives this law article 3, third paragraph 9.1 income referred to in paragraph 1 for which tax is not withheld cost."
23. Replace article 26, third paragraph, the words "and the first part of this article (1)" with the words "annual State budget allocations set out in the law".
24. Add to article 28 to 11 by the following: "11 pirmstaksācij year) up to 15 December State revenue service informed that the fixed-income tax payer or micro-enterprise, which is the year of micro pirmstaksācij taxable person, starting with the tax year January 1, operating income will be determined in accordance with this law or in article 11 11.1."
25. The transitional provisions: turn off 53;
transitional provisions be supplemented with 61 and 62. as follows: "the amendments to the Act 61. the fourth paragraph of article 11.1, part 3.1 and article 16.1 of the amendment of article 20, paragraph 2, the third paragraph shall apply to the tax year beginning in 2010.
62. the law in respect of article 9.1 of the replenishment with 7.4 part, article 15 and the fifth part of the law of exclusion, the annex shall enter into force on January 1, 2011. "
26. Turn off attachment to the law.
The law shall enter into force on September 1, 2010.
The Saeima adopted the law on august 9, 2010.
President Valdis Zatlers in Riga V 2010 august 19