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Amendments To The Law "on Personal Income Tax"

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

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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. No.) the following amendments: 1. Add to article 3 of the fourth and fifth by the following: "4. In accordance with article 7.1 of part three of the non-resident's income to the point of Latvia in the disposal of immovable property includes income from a share of the capital stock or other forms of participation in Latvia or abroad of disposal of the resulting company or other person (" the law on corporate income tax "), if the disposal of the year or the preceding year by more than 50 percent of the value of the assets of such person, directly or indirectly (through participation in one or more other in Latvia or foreign entities) created in form or are made by Latvia in existing real estate. Real estate share personal asset value shall be determined on the basis of personal balance sheet data as at the beginning of the year. If the proportion of real estate assets in the previous year have changed due to the disposal of immovable property that results will take into account the person's taxable income, then only the percentage of real estate assets in the balance sheet in the year of disposal. 5. income from the alienation of immovable property shall be determined in accordance with article 8 of this law, the sixth, seventh, eighth and ninth part. " 2. in article 8: Supplement with a new third part of paragraph 11 as follows: ' 11) income from the alienation of immovable property, if this law, article 9 provides otherwise; " consider the current paragraph 11 of paragraph 12; replace the fifth part in the introductory part, the words "and which together do not exceed 10 percent, with the words" and the number "which together do not exceed 20 percent"; to supplement the article with the sixth, seventh, eighth and ninth subparagraph by the following: "6. income from the alienation of immovable property in accordance with the third paragraph of article 11 point is defined as the transfer of real estate prices, and the difference in the value of the acquisition. If the property is acquired on the gift or inheritance contract, its value is considered the acquisition of heritage in a given mass value of the property or gift in a specific property stated in the contract value. Real estate acquisition value also includes expenditure related to the acquisition, the State fee for the transaction, design, duty, in case of approval of the inheritance or in case of the last will of the order or contract of inheritance legal force, the State fee for the transfer of ownership of the land, the strengthening of commissions and other similar expenses that are not related to property management. 7. the third paragraph of this article, paragraph 11 in the income from the disposal of real property also includes income from a share of the capital stock or other forms of participation in Latvia or abroad of disposal of the resulting company or other person (the law "On enterprise income tax"), if the disposal of the year or the preceding year by more than 50 percent of the value of the assets of such person, directly or indirectly (through participation in one or more other in Latvia or abroad create entities) or are made by the Latvia real estate. This income is defined as the share of the capital stock or other forms of participation in the disposition of the value and the acquisition value differences, and include it in taxable income for the taxation year, disposed of a part is concerned, shares or other forms of participation, regardless of whether the consideration is received in cash. Real estate share personal asset value shall be determined on the basis of personal balance sheet data as at the beginning of the year. If the proportion of real estate assets in the previous year have changed due to the disposal of immovable property that results will take into account the person's taxable income, then only the percentage of real estate assets in the balance sheet in the year of disposal. 8. If the person invested in real estate in Latvia or abroad create person (law "on corporate income tax"), the real property at the time of disposal income from real estate transfer tax be levied. If the disposal of shares, shares or other forms of participation and the seizures a year or the preceding year by more than 50 percent of the value of the assets of such person, directly or indirectly (through participation in one or more other in Latvia or abroad create entities) or are made by the Latvia real estate, income from a share of the capital stock or other forms of disposal for participation are subject to tax. This income is defined as the share of the capital stock or other forms of participation in the disposal and acquisition of real estate value differences, and include it in taxable income for the taxation year, disposed of a part is concerned, shares or other forms of participation, regardless of whether the consideration is received in cash. 9. the third paragraph of this article, paragraph 11 in the income from the disposal of real property also includes income from business, which focused on the acquisition of immovable property rights seizures. " 3. Article 9: replace the first part of paragraph 19 of the introductory paragraph, the word "sales" with the word "transfer"; make the first part of paragraph 19 "b" at the bottom of the paragraph by the following: "(b) the natural person) owned the growing alienation of the forest cutting and at the disposal of the resulting wood, where the forest has been in the person's possession less than 36 months; turn off the first part of paragraph 19 of the "c" at the bottom; to supplement the first part with 19.1 points by the following: "income of the 191) real property disposition of the taxpayer's property (from the days when the real estate is registered in the land registry) is longer than 60 months and at least twelve months before the disposition of the time of conclusion of the contract the person is declared place of residence (which is not declared as an additional address of payer)."; to supplement the first part with a new paragraph 30 as follows: "30) income of physical persons of funds belonging to the investment certificate sale;" consider the previous paragraph 30 of 31; to supplement the article with the seventh subparagraph by the following: "7. If forfeited real estate part that does not include a residential building, but real estate personal property (from the days when the real estate is registered in the land registry) is longer than 60 months and at least twelve months before the disposition of the time of conclusion of the contract the person is declared place of residence (which is not declared as an additional address of payer), the income from this part of the property transfer is taxable except this law cases provided in article 7.3. " 4. in article 10: turn off the first part of paragraph 3, the words "but that amount may not exceed 20 percent of the taxable income amount"; Replace paragraph 5 of the first paragraph, the number "10" with the number "20" and exclude the words "together with the parts referred to in paragraph 6, the payment of insurance premiums, according to the life insurance contract (with storage)"; Replace paragraph 6 of the first paragraph, the number "10" with the number "20" and exclude the words "together with the parts referred to in point 5 contributions to private pension funds '; to supplement the first part of paragraph 7 as follows: "7) investment certificates of investment funds for the cost of the acquisition, if this card were natural persons at least 60 months, property and investment funds operate under investment management company law or is registered in another Member State of the European Union or the European economic area country and is treated as investment funds investment management company within the meaning of the law, if these costs do not exceed 20 percent of a person's taxable income for the year;" to supplement the article with 1.3 part as follows: "the first 1.3 parts 3, 5, 6 and 7 above, the taxpayer's eligible expenditure total must not exceed 20 percent of the taxpayer's taxable income." 5. Add to article 11 the twelfth subparagraph following the words ' renting out real estate "with the words" (including selling rental rights) ". 6. To supplement the law with the 11.6 and 11.7 article as follows: "article 11.6. Special rules for determining the income of the business use of the property seizures or reclassification for personal use-use case 1. If the real estate transfer is used as an economic asset, the proceeds from the disposal of real property are taken into account in determining the operating income. 2. If economic activity used in real property is reclassified for the personal needs of the embodied use case (reclassified), corresponding to article 9, first paragraph 19.1, and sold 60 months reclassification for the sale of real property taxable income in real estate sales in the year increased by calculating the tax written off depreciation amount throughout the time when the asset used in economic activities. 3. the tax year in which the real property is reclassified, the payer of the State revenue service territorial institution with the annual income declaration submitted information for the reclassified asset (the day when real property classified as an economic activity-use asset, and the day when real estate from business use property are reclassified, the real property cadastral designation, the tax period in which the written off depreciation for tax calculation purposes) and for calculating tax depreciation amount written off around the time When a fixed asset is used in economic activities. 4. If the real estate business has been used partially taxable income in accordance with the first or second part determines the proportion of economic activity in the parts of the real estate property you weight. 5. the provisions of this article shall also apply to determine the income of non-residents of Latvia's existing use of the property in accordance with article 3 of the law of the third subparagraph of paragraph 7. 7.3 article. Special rules for determining the income from a farming business or agricultural land seizures 1. Paying the annual taxable income does not include income gained from the disposal of agricultural, business, or part of a backyard farm, fulfilling the conditions to receive the European agricultural guidance and guarantee fund for rural development in relation to early retirement. 2. The company is the first part of the organizational entity. The company includes a person owned tangible and intangible, as well as other economic benefits (values) that person used to perform an economic activity. Business disposal within the meaning of this article is not part of the capital shares or divestment. 3. The tax shall be applied to income from the alienation of immovable property, which is the purpose of agricultural land, and have met both conditions below: 1) the ownership of the real estate it disposal results in a person who is registered in the business register as a company or farm or State revenue service — as the operating agent; 2) at least one tax period of the last three periods of pirmstaksācij more than half of this part of the article referred to in paragraph 1, persons operating income comprise income from agricultural activities, or this person from the European agricultural guidance and guarantee fund receive support as the new farmer. " 7. Supplement article 17 with 11.3 part as follows: "this article 11.3 eleventh part of paragraph 2, the credit institution shall not apply to income from deposits. Notice of the natural persons — domestic taxpayer's taxation year income from deposits, if they exceed the tax year of the non-taxable minimum amount, the credit institution shall submit to the State revenue service territorial authority to tax year following the February 1. " 8. Replace article 32, first paragraph, the words "and the number and part numbers in the" with 11.1 and the words "and part". 11.3 11.1 9. transitional provisions be supplemented by the following paragraph 37: "37. For income from the alienation of immovable property that was taxable property on the day of entry into force of these amendments to this law, which provides for article 9, first paragraph, point 19) (the" c "off until July 1, 2010, to apply the provisions of the law that was in force until the said entry into force of the amendments, if there is at least one of the following conditions : a) the ownership of the taxpayer-owned real estate to the said law, the entry into force of the amendments are made in the land register; (b) the right to property) to a taxable person-owned real estate to the said law, the entry into force of the amendments is not fixed in the land, but the land is fixed until 31 December 2008; (c) of the said law) until the entry into force of the amendments property rights to real estate is not fixed in the land for the reason that there is a dispute about property rights and have adopted a decision on the application and the initiation of adoption; (d) amendments to the law referred to) until the entry into force of the property rights on immovable property not strengthened in the land, but the decision has been taken on renewal, a person is entitled to take land cadastral trying on the State budget, but the iemērīšan has not been made. "
The law adopted by the Parliament in the 17 May 2007. State v. President Vaira Vīķe-Freiberga in Riga on 29 May 2007 in