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Amendments To The Law "on Enterprise Income Tax"

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

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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, nr. 24; 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; 2006 1. no; 2007, 3, 12, no. 24; 2009, 1., no. 15) the following amendments: 1. Turn off the 6 of the first paragraph of article 16.
2. Turn off 8.2 article.
3. To supplement the law with article 20.1 the following reaction: "20.1 article. Tax rebate donators (1) residents and the permanent representation of the tax cut by 85 percent of the sums donated for public institutions, State enterprises, which delegated to the Ministry of culture national cultural features, as well as in the Republic of Latvia registered associations, foundations and religious organizations or their institutions, which the public good status of the Organization in accordance with the Organization of the public good, or in another law within the European Union or European economic area Member State-registered associations , foundations and religious organizations or institutions which have been granted the status of the organisation of the public good-like status in accordance with the relevant European Union or European economic area Member State laws.
(2) total tax discount in accordance with the provisions of this article shall not exceed 20 percent of the total amount of the tax.
(3) the first paragraph of this article of the budget authorities, public corporations, which delegated to the Ministry of culture national cultural features, the Republic of Latvia registered associations, foundations and religious organizations or public authorities that have been assigned public good status of the Organization in accordance with the public good of the Organization Act, no later than 31 March of the year of pēctaksācij to provide a public report on the donors, donor amounts and use of donations received in the tax year.
(4) the tax credit does not apply to persons who are in the second month of the tax period date is the first of the tax arrears for previous years.
(5) If a taxable person has violated the provisions of this article or concealed the taxable income, the tax amount will be increased by the amount of this tax credit.
(6) property or financial resources that the payer on the basis of the contract, without remuneration, shall be transmitted to the budgetary authority, a public corporation, which carries out the delegated Ministry of culture national cultural features, or the public good organization (for which such status was granted in accordance with the law on the Organization of the public good) its Charter, Constitution or statute objectives, must be regarded as a donation for the purposes of this article, if the recipient is not set pretpienākum for action considered for consideration.
(7) the tax credit under the first paragraph of this article shall not apply if at least one of the following circumstances: 1) donation target set in the donation recipient, contains a 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;
2) donation recipient performs the remuneration practices that focus on the benefit to the donor, the donor related company or person donating a relative up to the third degree, or the spouse or ensure the interests of the donors who are not related to philanthropy. "
4. Article 23: replace the first subparagraph of paragraph 1, the number and the words "in article 8.2 tax relief" with a number and the words "in article 20.1 discount";
replace the first subparagraph of paragraph 2, the number and the words "in article 8.2 tax relief" with a number and the words "in article 20.1 discount";
Replace paragraph 1 of part 1.1 of the numbers and the words "and in particular article 19 18.1 tax savings and tax provided for in article 8.2 of relief" with numbers and words ", 19 and 18.1 20.1 article tax credits".
5. transitional provisions: turn off 82, 83 and 84;
transitional provisions be supplemented with 85, 86 and 87. paragraphs by the following: "85. enterprise income tax of article 8.2 of the Act during the period of validity of the donation tax credit is applied in accordance with this law, the provisions of article 20.1. Total tax rebate under this law and article 20 20.1 the terms during the tax period, which begins in 2009, may not exceed 20 percent of the total tax amount.
86. In calculating the tax advance payments according to this law, article 23, first paragraph, point 1 or 2 of part 1 or 1.1, a taxable person who, during the tax period, which begins in 2009, has been subject to this law, in article 20 of the tax credit, which was valid until 30 June 2009, the calculation of advance payments of tax for the taxation period starting in 2010, in addition to article 23 of this law shall not be taken into account in accordance with article 20 of this law, estimated tax rebate.
87. This law, in article 20.1 tax credit for another European Union or European economic area Member State associations, foundations and religious organizations or institutions which have been granted the status of the organisation of the public good-like status in accordance with the relevant European Union or European economic area Member State law, donor amounts taxable persons are entitled to apply, starting with the 2011 taxation year. "
The law adopted by the Parliament in 2009 on September 24.
President Valdis Zatlers in Riga V 2009 October 6, editorial comment: the law shall enter into force on the 20 October 2009.