Tax Code Of The Republic Of Turkmenistan

Original Language Title: Налоговый кодекс Туркменистана

Read the untranslated law here: http://minjust.gov.tm/ru/mmerkezi/doc_view.php?doc_id=8381

 
Approving and enacting the tax code of Article 1. Approve the tax code of the Republic of Turkmenistan.
 
Article 2. Enact tax code of Turkmenistan since November 1, 2004 year.
 
Article 3. Void: the law of Turkmenistan "on value added tax" (records of the Mejlis of Turkmenistan, 1993, no. 9-10, art. 91);
The law of Turkmenistan "on profit tax" (records of the Mejlis of Turkmenistan, 1993, no. 9-10, art. 92);
Turkmenistan law "on tax on transactions with securities (Statements of the Mejlis of Turkmenistan, 1993, no. 11-12, art. 109).
 
Article 4. Laws and other regulatory legal acts, which are not included in the list of acts, become invalid, set out in article 3 of this law, apply in the part not contradicting to the tax code of Turkmenistan.
Issued prior to the enactment of the tax code of normative legal acts of the President of Turkmenistan on granting tax privileges to individual legal entities and individuals shall remain valid.
Benefits granted before the enactment of the tax code of Turkmenistan for legal entities and individuals operating in a free economic zone, shall remain valid until the date of expiry thereof.
 
Article 5. The effect of the tax code of Turkmenistan extends to tax legal relations that arise after its entry into force.
 
Article 6. The Cabinet of Ministers of Turkmenistan brought into line with the tax code of normative legal acts of the Cabinet of Ministers of Turkmenistan and other government authorities authorized the adoption of regulatory legal acts of Turkmenistan.
 
Article 7. Ministry of Turkmenistan's Adalat a month to prepare and make the Turkmen Parliament proposals on amendments and additions to legislation of Turkmenistan deriving from the tax code of Turkmenistan.
 
 The President of Turkmenistan, the President of Turkmenistan, Saparmurat Turkmenbashi Turkmenistan mountains. Ashgabat, October 25, 2004 year.
# 245-p w a c o n TURKMENISTAN about entry of changes and additions to the tax code of Turkmenistan (with changes made by the Turkmenistan law dated 01.03.2014 № 49-V) Article 1. Adoption of proposals for amendments and additions to the tax code of Turkmenistan and articulate it as amended according to the annex.
Article 2. To introduce changes and amendments to the tax code of Turkmenistan with the year except November 1, 2005: changes in articles 46 and 212 of the tax code that applies to the period from November 1, 2004;
part two of article 24, part of the second, third and fifth article 27 does not include Turkmenistan tax code, they shall enter into force on January 1, 2017 onwards.
 
The Khalk Maslakhaty of Turkmenistan, President Saparmurat Turkmenbashi the great, President of Turkmenistan, Ashkhabad October 25, 2005 No. HMM-80 TAX CODE of TURKMENISTAN part I section i. General provisions Chapter 1. The main provisions of Article 1. Basic principles of tax laws of Turkmenistan 1. This Code establishes a system of taxes to the State budget of Turkmenistan, the General principles of taxation, and the basis for (modification, termination) and order fulfilment of obligations to pay taxes, rights and duties of taxpayers, tax authorities, forms and methods of tax control, liability for violation of the tax laws of Turkmenistan, appeals against decisions of tax authorities and their officials.
2. Tax laws of Turkmenistan is based on the recognition of the universality and equality of taxation.
3. Every person is required to pay the taxes established by this code, in respect of which the person is recognized by the taxpayer.
4. acts of tax laws of Turkmenistan, imposing new taxes, raising tax rates or otherwise deteriorating situation of taxpayers, tax agents, reinforcing responsibility for tax offence, shall have no retroactive force.
Acts of tax laws of Turkmenistan abolishing taxes, reduce the size of tax rates or otherwise improving the situation of taxpayers, tax agents, mitigating responsibility for tax offence shall be retroactive if it is expressly provided for in these acts.
5. taxation is based on the tax laws of Turkmenistan acts in force on the date of the occurrence of the circumstances surrounding the execution of tax liability.
Consideration of issues concerning violations of tax legislation is based on the Turkmenistan legislation in force at the time of the offence.
 
Article 2. Turkmen legislation regulating tax relationship 1. Tax laws of Turkmenistan is based on the Constitution and consists of the present code and other normative legal acts of Turkmenistan governing tax legal relations.
Normative legal acts regulating tax legal relations that are based on this code and can not contradict its provisions. In the case of such contradictions, the provisions of this code.

2. In respect of persons who are contractors and subcontractors in accordance with the Turkmenistan law "on hydrocarbon resources", the provisions of the present Code shall be applied taking into account the peculiarities of the tax established by this Act.
3. This code does not regulate the relations arising in the levying of customs duties, unless otherwise stipulated by this code.
4. other laws of Turkmenistan may not contain provisions on taxation, unless otherwise stipulated by this code.
5. In tax matters any notion, which is determined by the provisions of the civil and tax laws of Turkmenistan, will have the importance attached to it by the tax laws of Turkmenistan, unless otherwise stipulated by this code.
 
Article 3. The effect of acts of tax laws of Turkmenistan 1. Establishing new taxes other than those laid down in this code, as well as change or cancel existing taxes are made exclusively by the adoption of the Turkmenistan law "on introducing amendments and additions to the tax code of Turkmenistan".
2. the laws of Turkmenistan amending the code, which establishes new or change existing taxes, shall enter into force on the expiry of one month from the date of their publication, but not earlier than 1 month following the end of the next reporting period under the relevant tax.
3. the laws of Turkmenistan amending the code, which improves the situation of taxpayers or canceled existing taxes, can come into force from the moment of their publication if it is expressly provided in them.
(As amended by the Act of March 17, 2008)
 
Article 4. Rules for computing time limits referred to in this code or other normative legal act of Turkmenistan on tax legal relations, the rules stipulated by the Civil Code of Turkmenistan Saparmurat Turkmenbashi.
 
Article 5. The tax year is a tax year begins on the first day of the month January, ends the thirty-first day of the month December and coincides with the financial year.
 
Article 6. International treaties unless the international treaties of Turkmenistan establishes provisions than those contained in this code, the provisions of international treaties.
 
Chapter 2. Taxes in Turkmenistan, Article 7. Tax and its signs 1. Tax-mandatory, individually gratuitous payment established and levied by the State to individuals and legal entities for the financial security of the State coming to the State budget of Turkmenistan.
Tax is determined by the presence of the following signs: category of taxpayers;
object of taxation;
the tax base;
tax rate (rate);
the terms and the procedure of calculation and payment of tax.
When setting the tax rate may be determined by the reporting (tax) period as well as provide tax incentives and reasons for their use by the taxpayer.
2. taxes established by this code, operate on the whole territory of Turkmenistan.
3. Fees and charges are recognized as a special kind of taxes and may not have separate signs.
To establish relations, introduction, calculation and payment of government fees, customs fees and charges not laid down in this code, as well as to relationships arising in the course of exercising control over their payment, appeal against the acts of bodies exercising control over their payment, actions (inaction) of their officials and perpetrators brought to justice, the rules of the present Code shall not apply, unless they are otherwise provided.
4. Not recognized tax contributions, contributions and other payments payable by virtue of treaties or other legal relations, as well as payments in the form of fines or other sanctions for violation of the legislation of Turkmenistan.
5. taxes coming into the State budget of Turkmenistan, shall be distributed between the Centralized budget and the local budgets in accordance with the Turkmenistan law "on budgetary system". The fees established by this code, fully credited in local budgets.
(As amended by the Act of March 17, 2008)
 
Article 8. Tax benefits 1. Tax benefits are established by the present code. Prohibits the provision of benefits, which are individual in nature.
2. the taxpayer holds the right to use the tax benefits from the moment of occurrence of legal relations, and throughout the period of their validity.
The taxpayer has the right to not use tax benefits, as well as to renounce their use when submitting a written application to the relevant tax or customs authorities. While these tax benefits that the taxpayer had not used are not migrated from previous fiscal periods on future tax periods, subsequent credit payments, tax or reimbursement from the budget.
The taxpayer may use tax relief again when submitting a written application to the relevant tax or customs authorities, but not before the calendar year following the year in which he renounced their use.
3. tax concessions would not entail release from other responsibilities established by the tax laws of Turkmenistan, unless otherwise stipulated by this code.

4. Except as expressly provided by this code, may not be included in the provisions on which the treaties: obligation on the calculation and payment of tax costs are passed by the taxpayer to another person;
the tax amount increases the cost of goods sold, services;
the duty of producing taxpayer compensation (compensation) costs borne by like them to tax devolves upon the person acquiring the goods (works, services).
(As amended by the law of Turkmenistan on May 10, 2010-statements of the Mejlis of Turkmenistan, 2010 г., no. 2, p. 34) article 9. The unit of money in tax calculation and payment 1. Taxes are calculated and paid in the national currency of Turkmenistan, unless otherwise prescribed by the legislation of Turkmenistan.
2. Any transaction in foreign currency for tax purposes is converted into the national currency of Turkmenistan at the official rate of the Central Bank of Turkmenistan on the day of the transaction and the currency, for which there is no official rate, cross-rates to the United States dollar, unless otherwise stipulated by this code.
 
Section II. Tax legal relations and their actors Head 1. Subjects of tax relations Article 10. The content of tax relations Tax legal relations encompass the totality of rights and/or obligations incurred in the course of tax laws of Turkmenistan between the subjects of tax relations.
 
Article 11. Subjects of tax relations subjects of tax relations are the taxpayer and other persons through whom the taxpayer participates in tax matters, as well as the competent authorities referred to in article 13 of this code.
 
Article 12. The taxpayer and other persons through whom he participates in tax matters 1. Taxpayers are recognized physical and (or) legal entities under the circumstances stipulated by the present Code, the duty to pay some tax.
The duty to pay tax taxpayers parties camaraderie can be assigned to one of the members of a partnership, operating on the territory of Turkmenistan. Taxpayers parties partnership bear shared responsibility for the enforcement of the obligation to pay the tax. The term "partnership" is used in the sense defined by the Civil Code of Turkmenistan, Saparmurat Turkmenbashi.
2. a person may be recognized by the taxpayer of one or more taxes.
3. A taxpayer may participate in tax matters through a tax agent, legal or authorised representative.
 
Article 13. Competent authorities involved in tax matters 1. Bodies involved in tax matters are: the organs of the State tax service of Turkmenistan (hereinafter referred to as the tax service);
the State Customs Service of Turkmenistan (hereinafter the customs service);
authorities of the Ministry of Finance (hereinafter referred to as "financial bodies);
other authorized organs involved in tax matters.
2. In tax matters the authorities referred to in part 1 of this article shall act within the limits of their powers established by the legislation of Turkmenistan.
(As amended by the Act of March 17, 2008)
 
Chapter 2. Taxpayers Paragraph 1. Individual taxpayers Article 14. Individuals-residents and non-residents 1. Individuals recognized as Turkmen citizens, foreign citizens, persons without citizenship.
2. Legal persons recognized by taxpayers, can be both residents and non-residents of Turkmenistan.
3. A natural person is resident of Turkmenistan if the period of his stay in the territory of Turkmenistan during the tax year is the aggregate of 183 calendar days or more. In this day of staying physical person in Turkmenistan is any day during which it actually was on the territory of Turkmenistan, regardless of length of stay, except finding him exclusively for transit through the territory of Turkmenistan.
Not recognized by residents of Turkmenistan foreign nationals during their stay on the territory of Turkmenistan as members of diplomatic missions or consular offices of foreign States, international organizations, and members of their families.
4. Non-residents of Turkmenistan recognizes individuals that are not in accordance with part 3 of this article, the residents of Turkmenistan.
5. The status of a resident or non-resident of Turkmenistan is set for each tax period.
Setting the status of the physical person as a resident of a foreign country, including for the application to it of the relevant provisions of the international treaties (agreements) of Turkmenistan on avoiding double taxation, the taxation authorities shall be made:-when setting it to register as a taxpayer and on the basis of the submitted documents for these purposes;
tax agent-in the cases and on the basis of the documents stipulated by article 198 of this code.
Documents of foreign public authorities about the tax residence of a natural person, the taxes paid by them and so do not require legalization in consular offices.

(As amended by the law of Turkmenistan on March 17, 2008 and May 10, 2010-statements of the Mejlis of Turkmenistan, 2010 г., no. 2, p. 34) article 15. Natural person-an individual entrepreneur 1. Physical person is self-employed in the manner and under the conditions laid down in the Civil Code of Turkmenistan, Saparmurat Turkmenbashi.
To the specified categories of persons also include individual entrepreneurs registered in accordance with the laws of the foreign States.
2. implementation of an individual entrepreneurial activity in violation of the established procedure for registration, obtaining a licence or other similar document cannot serve as grounds for non-recognition of that person for tax purposes an individual entrepreneur.
 
Article 16. The domicile of a natural person for tax purposes, the domicile of a natural person shall be determined in accordance with the provisions of the Civil Code of Turkmenistan Saparmurat Turkmenbashi.
 
§ 2. Legal entities-Article 17 taxpayers. Legal entities-residents and non-residents 1. For tax purposes, a legal person is a resident of Turkmenistan if: it is created (established) in accordance with the legislation of Turkmenistan;
its main governing body (Administration, management, Board of directors or a similar organ) is located on the territory of Turkmenistan.
2. Non-residents of Turkmenistan are recognized as legal entities that are not in accordance with part 1 of this article, the residents of Turkmenistan.
Determining status of a foreign legal entity as the resident of foreign State, including for the application to it of the relevant provisions of the international treaties (agreements) of Turkmenistan on avoiding double taxation, the taxation authorities shall be made:-when setting it to register as a taxpayer and on the basis of the submitted documents for these purposes;
tax agent-in the cases and on the basis of the documents stipulated in article 181 of this code.
Documents of foreign public authorities about the tax residence of a legal person, the taxes paid by them and so do not require legalization in consular offices.
(As amended by the law of Turkmenistan on March 17, 2008 and May 10, 2010-statements of the Mejlis of Turkmenistan, 2010 г., no. 2, p. 34) article 18. Permanent representation of legal entities 1. Permanent Mission of legal entities on the territory of Turkmenistan is recognized as a permanent place of business through which is wholly or partly carried on the business of the legal entity, including activities carried out through authorized person (natural or legal), unless otherwise provided for in part 2 of this article.
To the Permanent Mission, in particular, include: (a) a place of management, a branch), Bureau, Office, agency, factory, workshop, warehouse, shop, or other similar place, through which the activities are being carried out;
b) any place associated with the exploration, development and (or) exploitation of natural resources, regardless of the timing of the implementation of such activities. Specified, in particular, includes mine, mine, oil and/or gas well, Quarry, terrestrial or marine Tower and (or) Wells, as well as any place of the implementation of the activities associated with the installation, mounting, Assembly, adjustment, start-up, repairs and/or maintenance of equipment at those sites. This applies to marine drilling platforms, regardless of their kind;
in) construction site installation or Assembly objects, as well as supervisory activities associated with such objects, regardless of the duration of the work;
g) warehouse, located on the territory of Turkmenistan and is used for implementing (delivery of goods).
In the cases referred to in paragraphs "b" and "b" of this part, the Permanent Mission is considered to be formed from the earlier of the following dates: a permit (license) for exploration, development and (or) the extraction of natural resources or the beginning of the implementation of such works (services);
the signing of the Act of transfer of the pad contractor (the Act of admission personnel subcontractor to perform work) or the actual date of commencement of the works.
Customer signature date of the taking over certificate object or complex works as provided by the contract, is the end of the existence of a construction site. The construction site is considered defunct at the time: the customer started operation on this object before signing acceptance object (complex) and implemented the registration of rights to immovable property;
or work effectively ended after the signing of the acceptance of the object (complex) or after the customer started operation on this object.

If work on a construction site is temporarily suspended, it does not terminate the existence, except conservation construction site by decision of the authorities, local executive authorities and bodies of local self-government, as well as a result of force majeure. Continuation or resumption after an interruption of work on the construction site led to the accession of the term of reference for ongoing or refurbished work and break time. The continuation or resumption of work associated with the construction or installation of a new object on the same construction site or an extension of a previously completed object entails adherence to the total term of existence at the construction site of the period of such continuing or refurbished works and a break between jobs.
Unless otherwise provided above, business legal entities of Turkmenistan through the permanent place of business, leading to the formation of permanent representation, when implementing it exceed, in the aggregate, 45 calendar days within any period of twelve months, regardless of the number of contracts (contracts).
2. Is not recognized by the Permanent Mission of legal entity-non-resident space used exclusively for the territory of Turkmenistan: a) storage, display of goods or merchandise belonging to the legal person;
b) of goods or merchandise belonging to the entity for the purpose of processing by another person;
in) for the procurement of goods for subsequent export, including fulfillment of their contracts to others outside of Turkmenistan; collection of information for the legal entity;
g) contents of a permanent place for the sole purpose of simple contracts on behalf of the legal person;
d) the implementation of any other activity of a preparatory or auxiliary nature for the benefit of that legal person.
In the above cases, a legal entity-non-resident of Turkmenistan proceeds from sales transactions, specified in the second part of article 149 of this code, and in the absence of signs referred to in the first part of this article do not lead to the formation of permanent representation of legal entities on the territory of Turkmenistan.
3. The activities carried out by a legal entity-non-resident of Turkmenistan on the territory of Turkmenistan through an intermediary (broker or other independent agent acting on the basis of the Treaty, Commission or consignment or other similar agreement), provided that such persons are acting in the framework of its normal activities, does not lead to the formation of permanent representation of that person.
4. provision of legal entity-non-resident. Turkmenistan personnel in the territory of Turkmenistan for another legal entity, if it is not recognized by the permanent representation in accordance with paragraph 1 of this article may not be regarded as leading to the formation of permanent representation, if the staff is at your disposal and is acting on behalf of a legal entity, in which it was sent.
5. a legal person-non-resident of Turkmenistan is seen as having a Permanent Mission in case if this person carries out deliveries of goods belonging to him, derived from the processing in Turkmenistan, or customs territory under the customs control.
6. The interdependence of a resident legal person of Turkmenistan with a legal entity-non-resident of Turkmenistan does not lead to the formation of permanent representation of legal entities of Turkmenistan if the resident is not its authorized representative.
7. a legal person-non-resident of Turkmenistan on the territory of Turkmenistan may have one or several permanent missions. The Permanent Mission acknowledged as such from the day of its establishment, the relevant executive authority or the beginning of realization of enterprise activity.
(As amended by the law of Turkmenistan on March 17, 2008 and April 18, 2009-statements of the Mejlis of Turkmenistan, 2009 г., no. 2, p. 41) 3. The person through whom the taxpayer participates in tax matters Article 19. Tax agent 1. Tax agent recognized persons in accordance with this code, the responsibility for the calculation, withholding and transferred to the State budget of Turkmenistan for a taxpayer.
2. the tax agent shall calculate the appropriate tax correctly, hold it by the taxpayer and timely transfer to the State budget of Turkmenistan;
keep records of money paid to taxpayers, and other kinds of calculations with them assessed, withheld and listed in the State budget of Turkmenistan taxes for every taxpayer;
within one month, communicate in writing to the tax service on cases where no tax was withheld from the taxpayer, and the amount of indebtedness of the taxpayer;
submit to the internal revenue service documents necessary to oversee the correct calculation, withholding and remittance of taxes to the State budget of Turkmenistan;
perform other responsibilities established by the tax laws of Turkmenistan.

3. Tax agents in respect of rights and duties equivalent to taxpayers, unless otherwise stipulated by this code.
 
Article 20. The legal representative 1. The taxpayer's legal representative of a natural person is the person that is endowed with appropriate powers to act on its behalf in accordance with the legislation of Turkmenistan.
2. A legal representative of a taxpayer (a tax agent) a juridical person is the person authorized to represent a legal person on the basis of its constituent documents or legislation of Turkmenistan.
Action (inaction) of the legal representative of a taxpayer (a tax agent) who is a legal person in tax matters recognized as action (inaction) of that legal person.
 
Article 21. Authorised representative 1. The authorized representative of a taxpayer (a tax agent) is a person authorized by the taxpayer (a tax agent) to represent him in dealings with the internal revenue service, other participants of tax relations.
The authorized representative of a taxpayer (a tax agent) exercises its powers on the basis of a contract of agency or Attorney and within the limits of their rights.
2. Cannot be authorized representatives of a taxpayer (a tax agent) officials of competent authorities involved in tax matters, the courts, prosecutors, investigators and prosecutors.
 
Chapter 4. Taxpayer rights and responsibilities Article 22. Taxpayer's rights 1. The taxpayer has the right: (a)) receive the tax service and other authorized bodies involved in tax matters, advice on the application of the tax laws of Turkmenistan;
b) represent their interests in the authorized bodies involved in tax matters, directly or through their legal or authorized representatives;
the use tax benefits), with appropriate justification, either to abandon their use;
g) receive the information in the tax service on the implementation of their obligations to the State budget of Turkmenistan on taxes;
d) receive deferral or installment plan to pay taxes and other payments to the State budget of Turkmenistan in the manner prescribed by this code;
(e)) to be acquainted with the acts he had carried out inspections and surveys, to provide explanations;
f) to submit to the tax service and its officials an explanation of calculation and payment of taxes;
w) to pay taxes at the expense of tax arrears of others with written notification of the tax service;
and set-off or in a timely manner) on the return of overpaid (recovered) taxes;
to) require officials authorized bodies involved in tax matters, compliance with the legislation of Turkmenistan when they commit actions (inaction) in respect of the taxpayer;
l) appeal in the prescribed manner the requirements of tax and/or customs services against payment of the tax, as well as other decisions, actions or omissions of authorized bodies involved in tax matters, and their officials;
m) require compliance with tax secrecy;
n) claim in the prescribed manner damages caused by the unlawful decisions, actions or omissions of authorized bodies involved in tax matters, officials of those bodies;
about) yourself to correct errors in accounting of tax objects, calculation and payment of tax;
p) other rights established by this code and other acts of the tax laws of Turkmenistan.
2. the rights of taxpayers liable to pay taxes in connection with the movement of goods across the customs border of Turkmenistan are determined by the customs legislation of Turkmenistan.
 
Article 23. Responsibilities of the taxpayer 1. Taxpayer is required to pay taxes: a) established by this code;
b) to register with the tax service in accordance with this code, if such an obligation is provided for the legislation of Turkmenistan;
in the prescribed manner) to keep a record of their income, deductions (costs, expenses) and objects of taxation necessary for tax calculation and payment, unless otherwise provided by this code;
g) to submit to the tax service on the place of registration tax returns and financial statements on those taxes, in respect of which it is the taxpayer, in the prescribed manner, unless otherwise provided by the tax laws of Turkmenistan;
d) submit to the tax service, their officials and employees in the course of tax inspections, and in other cases stipulated by the legislation of Turkmenistan (information) documents required for tax calculation and payment;
e) fulfil the requirements of the internal revenue service on Elimination of revealed violations of the tax laws of Turkmenistan;
f) to provide, in accordance with the legislation of Turkmenistan, preservation of the documents, on the basis of accounting and tax accounting;
w) claim about the use of tax incentives or tax exemptions and to submit to the Tax Office for the place (and in the cases the tax agent) documents confirming the right to such benefits and release;

and) to other duties stipulated by this code and other acts of the tax laws of Turkmenistan.
2. taxpayers-legal persons and individual entrepreneurs, in addition to the duties under part 1 of this article, shall be obliged to report in writing to the Tax Office for the place of tax registration: a) to open or close a settlement and other accounts in banks outside Turkmenistan, including for non-residents-only on the accounts that are used to implement entrepreneurial and other activities aimed at making a profit (income) in Turkmenistan -within three days from the date of opening (closing) of such accounts;
b) sharing in other legal persons (or partnerships) not later than ten days from the date of commencement of such participation. Legal entities-non-residents of Turkmenistan are obliged to report such participation, if it is connected with the relations regulated by the tax legislation of Turkmenistan;
in all of its separate units), created on the territory of Turkmenistan and Turkmen residents-and beyond-not later than ten days from the date of their creation, reorganization or liquidation;
g) on the termination of its activities, liquidation or reorganization, the Declaration of insolvency (bankruptcy) is not later than ten days from the date of this decision;
d) about a change of location, space control and (or) the place of residence of an individual entrepreneur-not later than ten days from the date of this decision or from the date of change of residence.
3. duties of taxpayers liable to pay taxes in connection with the movement of goods across the customs border of Turkmenistan are determined by the customs legislation of Turkmenistan.
 
Section III. Registration of taxpayers Article 24. Registration as a taxpayer 1. Registration as a taxpayer subject to physical persons-entrepreneurs and legal entities registered in accordance with the legislation of Turkmenistan, including foreign legal entities registered in Turkmenistan, its branches and representative offices.
2. physical person working under an employment contract or contract of civil legislation, subject to registration as a taxpayer through an employer, a tax agent in accordance with the present code.
3. A natural person who is not subject to parts 1 and 2 of this article shall be subject to registration as a taxpayer in circumstances provided for in this code for the payment of the tax, if not otherwise specified in the code.
4. Foreign legal person not subject to part 1 of this article, whose activities on the territory of Turkmenistan leads to the formation of a permanent establishment is subject to registration as a taxpayer.
Foreign legal person is also subject to registration of accounting as a taxpayer in cases stipulated by part 2 of article 108 and article 144, paragraph 2 of the present Code, as well as a permanent place of business in the territory of Turkmenistan, in the cases provided for by part one of article 18 of this code, regardless of whether it leads to the formation of a permanent mission or not.
5. The persons referred to in parts 1-4 of this article are subject to registration as a taxpayer in the tax authorities respectively according to the location of the legal person (its separate subdivision), in the place of residence of a natural person or place of business in the territory of Turkmenistan, on the location of their property.
In the case of a person subject to registration as a tax payer, difficulty with determining the place of registration, a decision based on the data submitted is accepted by the internal revenue service.
6. the company is subject to registration in Tax Office respectively at the location, or place of residence in the territory of Turkmenistan, one of the participants in the partnership. The right choice of such a participant belongs to the participants in the partnership.
(As amended by the law of Turkmenistan on May 10, 2010-statements of the Mejlis of Turkmenistan, 2010 г., no. 2, p. 34) article 25. Procedure and deadlines for registration 1. Registration as a taxpayer is carried out on the basis of statements made by a person to the tax service within 10 days from the date of State registration of individual-an individual entrepreneur or legal entity (separate units) and for other persons-from the day of the occurrence of the circumstances in which a duty to pay taxes.
Partnership for 10 days is calculated from the day of conclusion of the contract about joint activity.
Persons employed on employment contracts (contracts) or agreements civil legislation shall be subject to registration as a taxpayer in the order established by the main state tax service of Turkmenistan.

2. A natural person simultaneously with the application for registration as a taxpayer represents the identity documents of the person and his residence, but is an individual entrepreneur, is additionally certificate about State registration as an individual entrepreneur.
3. a legal person simultaneously with the application for registration as a taxpayer submits copies of the certificate of State registration of constituent documents, and when opening branches or representative offices on the territory of Turkmenistan-on their State registration certificate, certified in the prescribed manner, and also a copy of card statistics.
Where appropriate, a legal entity is duly certified copy of the document certifying to confer on any person representation functions.
4. the company together with the application for registration is a copy of the contract about joint activity.
5. Tax Service is obliged to carry out the setting of tax accounting and issue the corresponding certificate within three days from the date of filing of the said persons all the necessary documents.
6. In case of alteration of registration data, constituent and other documents submitted together with the application of a tax registration, a person on tax accounting, is obliged to notify the tax office within ten days from the date of their changes.
7. If the legal person of the decision to terminate the activities through a permanent establishment situated therein, such person shall notify the tax authority at the place of accounting no later than ten days from the date of its adoption.
8. The taxpayer (tax agent), delivered on the account as a taxpayer, is assigned an individual tax number.
Revenue service specifies individual tax identification number in all communications sent to the notifications and communications.
The taxpayer (tax agent) indicates your individual tax number in the declaration statement, cash-payment or another document, as well as in other cases stipulated by the legislation of Turkmenistan.
The procedure and conditions for the assignment, use, as well as individual taxpayer's tax changes is determined by the main state tax service of Turkmenistan.
9. Form of documents used when registering as a taxpayer, are established by the main state tax service of Turkmenistan.
 
Article 26. State tax register 1. The main state tax service of Turkmenistan maintained state tax register, consisting of: registry of natural persons;
Register of legal persons.
2. State tax register are made with data on taxpayers with temporary tax number.
 
Article 27. The duty of public authorities to provide information to the tax service 1. Authorities conducting State registration of legal entities (their separate units), are required to report to the Tax Office for the place of its finding on registered (re-registered) or liquidated (restructured) legal entities (their separate units) not later than ten days from the date of registration (re-registration) or liquidation (Reorganization).
2. Tutorship and guardianship agencies, educational institutions, medical, population social protection and other similar institutions which, in accordance with the laws of Turkmenistan establish and exercise custody, guardianship or management of the property of the ward are obliged to report on guardianship over individuals, including recognized them incapable, custody and property management disabled, other juvenile individuals, natural persons, limited by a court in dispositive capacity accomplished individuals, over the guardianship in the form of patronage, individuals recognized by the Court missing, as well as subsequent changes associated with the specified tutelage, trusteeship or administration of property, to the Tax Office for the place of its finding no later than five days from the date of adoption of this decision.
3. Authorities conducting registration of physical persons by place of residence, as well as registration of foreign citizens and stateless persons, registration of birth and death of individuals are obliged to disclose whether residence permits and residence registration or about facts death registration of natural persons to the Tax Office for the place of its finding no later than 5 day of the month following the month in which the propiska and registration of these facts.
4. the authorities competent to issue the certificate, license or other permit documents and registration of character, are required to submit to the tax authority at the place of finding information about taxpayers, which issued (withdrawn or terminated) certificates, licences or other documents permit and registration nature, within ten days from the date of issuance (revocation or termination).

5. bodies (institutions), authorized to perform notarial actions are required to report on notary right to inheritance tax on the service of finding no later than five days from the date of the corresponding notarial certification, unless otherwise stipulated by this code.
 
Article 28. Responsibilities institutions banks relating to reporting to the tax service banking institutions located in the territory of Turkmenistan are obliged to announce the opening or closing of accounts (open on the basis of agreement of bank account to which are credited and from which can be spent money) individuals-private entrepreneurs and legal entities (its separate units), as well as partnerships in tax service by location agencies banks no later than the day following the day of opening or closing an account.
On demand service tax in three days should be provided information on the accounts of other individuals.
The main state tax service of Turkmenistan jointly with the Central Bank of Turkmenistan may establish a special procedure for providing information on opening or closing certain types of accounts or categories of persons.
(As amended by the Act of March 17, 2008)
 
Section IV. Calculation and payment of tax Chapter 1. Accounting and reporting for tax purposes, article 29. Accounting of tax objects 1. Accounting of tax objects maintained by the taxpayer (a tax agent) for tax purposes.
Accounting of tax objects and their score based on accounting data and (or) other documented data about objects, taxable or related to taxation.
Separate accounting of tax objects may be established by the main state tax service of Turkmenistan in agreement with the Ministry of Finance of Turkmenistan.
2. Accounting of tax objects maintained by the taxpayer (a tax agent), except for the missing and disabled persons in respect of whom such records being legitimate or authorized representatives.
3. Accounting of tax objects must provide full and fair representation of all transactions involving taxpayer activity, and on its financial position. These operations should be included so that you can trace their origin, progress and completion.
4. in case of impossibility of conducting individual taxpayer accounting of tax objects he is entitled to apply for an account identical goods classified under commodity and material stocks, one of the following methods: (a)) method of valuation, which primarily is the cost of goods purchased or produced first;
b) estimation method, which primarily is the cost of the goods acquired or produced by the latter;
valuation method) weighted average cost.
Selected method of inventory accounting cannot be changed during the tax year.
5. the concept of inventory (values and other terms and expressions related to the accounting of tax objects that are not defined in this code, the value defined for the purposes of accounting.
(As amended by the Act of March 17, 2008)
 
Article 30. Tax Declaration 1. Tax declaration is a form of tax reporting and necessary for the calculation of the taxpayer and (or) payment of tax. Submission form and fill in a tax declaration developed and approved by the main state tax service of Turkmenistan jointly with the Ministry of Finance of Turkmenistan.
Tax return is submitted by each taxpayer for each tax payable the taxpayer, unless otherwise stipulated by this code.
Tax declaration is submitted to the Tax Office for the place of registration of the taxpayer and must be signed by the taxpayer and, in appropriate cases, to their legal or authorized representative.
2. A tax return may be submitted by the taxpayer personally, and postage. The tax office may not refuse to accept the Declaration and must, at the request of the taxpayer tick on a copy of tax declaration of acceptance and the date of its submission. When sending a tax return by mail the day of its submission shall be the date specified on the mail stamp of departure. In agreement with the internal revenue service tax return can be submitted in the form of an electronic document or other media.
(As amended by the Act of March 17, 2008)
 
Article 31. Preparation of tax declarations in tax service tax return may be an employee of the internal revenue service if the dictation, writing cannot be expected from the taxpayer on the basis that he was not in a position to make a tax return, make a calculation the size of tax or transfer this responsibility to a third party.
 
Article 32. Changes in the tax declaration
 

When it detects the taxpayer filed tax return neotraženiâ or incompleteness of information, as well as the reflection of errors, the taxpayer is obliged to make the necessary additions and changes to the tax declaration and submit it to the tax office.
Tax declaration with the additions and amendments submitted to the tax office before the expiration of the tax return is considered filed within the prescribed time limit.
When submitting a tax declaration to the tax office with additions and modifications, or a tax declaration, which has not previously been submitted after the expiry of tax payment, but until the time when the taxpayer was notified of the appointment of documentary tax inspection, the taxpayer is exempt from liability under the present code. Specified applies adjustments to the taxpayer of the tax base in accordance with the provisions of the second part of article 35 of this code when it detects an error (distortion) and (or) identification of transactions not accounted in past tax (accounting) periods. While a fine shall be charged in the established order.
When tax return with additions and changes to the tax is the amount that you previously documented as a result of tax inspection was increased (decreased), which rendered an appropriate decision, the submission of such a declaration is carried out together with the complaint in the manner prescribed by articles 85-87 of the present code. Establishment of the amount of tax on such a declaration shall be made only after consideration of the complaint and the tax audit.
The provisions of this article shall apply also in respect of tax agents in presenting their established tax reporting.
(As amended by the Act of March 17, 2008 and April 18, 2009-Statements of the Mejlis of Turkmenistan, 2009 г., no. 2, p. 41) article 33. Extension of deadline for submission of the tax return if the taxpayer before the deadline for the submission of tax return, request for extension of its submission and fully pays while estimated tax, determined in accordance with article 39 of this code, the submission of the tax return may be in agreement with the internal revenue service extended for a period of up to thirty days.
 
Chapter 2. Calculation of tax and filing of tax notice Paragraph 1. Calculation and determination of the amount of tax Article 34. General provisions on calculation and setting of the amount of tax 1. Calculation of the amount of tax is the taxpayer alone. This code provides for the cases where the calculation of the tax is imposed on the tax agent, tax service and other competent authorities involved in tax matters.
Calculation of tax for each type of tax is made in accordance with this code and other acts of the tax laws of Turkmenistan.
2. determination of the amount of tax is the tax service for implementation of desktop inspection results.
When calculating the amount of tax by tax agents authorized bodies involved in tax matters, the calculated tax amount is recognized.
3. Reason for establishing the amount of tax may be: the information contained in the tax returns of the taxpayer;
accounting data objects of taxation;
materials tax audits, audit;
other information relevant to taxation.
Information for tax collected in violation of the law of Turkmenistan, cannot serve as a basis for the establishment of a tax.
4. the amount of tax specified by the taxpayer in the tax declaration, recognized the installed if the tax office within the time limit for the delivery of desktop inspection results notification, notify the taxpayer of the need for changes in the calculated tax amount.
5. The tax office calculates and sets the valid tax amount if on the basis of the facts and substance of transactions relevant to taxation, it follows that the legal form (appearance and content) of the transaction or series of transactions results in avoiding taxes.
Tax service has the right to have evidence of intent of the taxpayer to evade taxation, ahead of time to make the calculation and establishment of tax and require immediate payment.
 
Article 35. Tax base 1. The tax base is determined for the respective tax period (reporting) every object of taxation and can represent its value, physical or other characteristics. Object of taxation and how to define tax base established by the present code for each type of tax.
2. The tax base shall be adjusted in the event of a change in the circumstances of the transaction;
full or partial cancellation of the transaction;
change the transaction amount as a result of changes in prices or tariffs;
recognition of agreement as invalid;
identify the transaction, unrecorded in the past tax (accounting) periods;
error detection (distortion) admitted in past tax (accounting) periods;
other necessary cases.

In these cases, except for error detection (distortion) and (or) identification of transactions not recorded in past tax (accounting) period, the adjustment of the tax base is subject to what the tax (accounting) period in which such circumstances are revealed. In the case of error detection (distortion) and (or) identification of transactions not recorded in past tax (accounting) period, the adjustment of the tax base is subject to what the tax (accounting) period in which it was defined (calculated) without taking into account the identified circumstances. This takes into account the peculiarities set by part II of this code for certain types of taxes.
In recognition of agreement as invalid in the manner prescribed by the legislation of Turkmenistan, the tax base is reduced by the amount of money returned to the other side of the transaction.
In case of detection as a result of documentary inspections amounts illegally received income (gross revenue or profits) and removing them in accordance with Turkmenistan legislation in the form of financial penalties on the amount of reduction shall be calculated and paid taxes on them. If such income prior to the audit was not subject to taxation, the calculus from him taxes is not possible.
The adjustment of the tax base is carried out only if there is a documented reason.
3. adjustment of the tax base should be made when you receive manatnogo coverage in cases where previously the tax base was reduced by the amount of funds to be transferred to the Monetary reserve of the Government of Turkmenistan, or the amount of funds to be transferred, refer to the goods (works, services) discharged from tax or subject to a zero rate of value-added tax.
(As amended by the law of Turkmenistan on March 17, 2008 and May 21, 2011-Statements of the Mejlis of Turkmenistan, 2011, no. 2, p. 45) article 36. Determination of prices of goods, works and services for the purposes of taxation 1. For the purposes of taxation the price of goods, works and services, applied by the parties to the transaction. It is expected that this price is the market price, until proven otherwise.
In cases where there is official information about the actual market prices, prices are applied according to the region where implemented the deal.
2. Internal Revenue Service for tax purposes may assess the parties applied transaction price in the following cases: implementation of a deal between interrelated persons;
transactions on the exchange of goods, works, services;
foreign trade transactions;
If you monitor the completeness of tax calculation there are reasonable grounds to believe that the prices applied by the parties to the transaction to significantly deviate from the actual market prices of goods (works, services).
Related for the purposes of taxation are physical and (or) legal entities, relations between which may affect the terms or economic results of their activities.
3. The real market price of goods (works, services) shall be the price prevailing at the interaction of supply and demand are identical, and in their absence-goods (works, services) under comparable conditions.
Comparable recognized conditions, if the differences do not affect the price of such goods (work, or services), or can be taken into account through amendments. Should be considered equal to the time of the transaction between independent partners or between interrelated persons, if their mutual dependence does not affect the results of the transactions, as well as the quantity (amount) of the supplied goods, terms of execution of obligations, terms of payment and other terms customary in transactions.
To determine the real market prices can be used: a method by which a real market wholesale price of goods (works, services) are determined on the basis of data on real market retail price of goods (works, services) received from State statistics bodies, smaller at the percentage between such prices within 15 percent;
the method in which the real market price of goods (works, services) prices are determined on the basis of their implementation by the buyer. When the selling price the buyer is reduced by an appropriate share of the costs incurred by the purchaser in the sale of such goods (works, services), as well as normal for this sphere of activity profit the buyer;
the method in which the real market price of goods (works, services) are determined on the basis of costs incurred and normal for the scope of activities of the profit of the seller of such goods (works, services). This method is used when it is not possible to use the first two methods.
The real market price determined by using these methods, must be confirmed by the relevant calculations. Data on the actual market price of goods (works, services) may also be obtained from the bodies of State statistics and other official sources of information.
Tax service has the right to request and the requested person is obliged to provide the information or conclusion about prices and tariffs for goods (works, services).
For the purposes of taxation in the realization of goods (works, services) for state regulated prices (tariffs), established by the legislation of Turkmenistan, accepted these prices (tariffs).
4. in determining the actual market prices of goods (works, services) takes into account the discounts that are caused by, inter alia:

seasonal and other fluctuations in consumer demand;
loss of quality or other consumer properties;
the approach of the expiry date or implementation;
While advancing on markets new products, having no analogues, as well as of goods (works, services) to new markets;
implementation experienced models and samples of the goods in order to sensitize consumers.
5. In the cases provided by paragraph 2 of this article, when the prices applied by the parties to the transaction is lower than the real market price by more than 20% (deviation), the tax office may make a reasoned decision on calculation and setting the tax, calculated on the basis of the application of real market prices of goods (works, services).
A significant deviation from the real market price is also the overpricing purchased the imported goods (works, services) by more than 20 per cent in cases stipulated by part of the eighth article 154 of this code.
6. Identical goods are recognized as having the same distinctive signs for them, in particular, physical characteristics, quality and reputation in the market, country of origin, manufacturer.
Homogeneous goods are recognized, which, while not identical, have similar characteristics and consist of similar components, allowing them to perform the same functions and to be commercially interchangeable. When determining the homogeneity of goods takes into account, inter alia, their quality, the reputation of the trade mark on the market, the country of origin.
(As amended by the law of Turkmenistan on March 17, 2008 and August 4, 2011-Statements of the Mejlis of Turkmenistan, 2011, no. 3, art. 59) article 37. Tax rate tax rate represents the norm levy, expressed as a percentage and (or) in the form of fixed values with units of the tax base.
 
Article 38. Tax period 1. Tax period is considered the time span for which the calculation of the tax base and the amount of tax payable. Tax period is established by the present code with respect to certain types of taxes.
Tax period may consist of one or several reporting periods.
2. for legal entities established in the period from 1 January to 30 month number month of September, the first tax period for taxes, the tax period for which is the tax year is the period of time from the date before the end of this year.
For a legal entity, created in the period from 1 to 31 October month of the month of December, the first tax period for such taxes is the period of time from the date till the end of the calendar year following the year of creation.
In case of liquidation of a legal person until the end of the calendar year, the last tax period is the time period from the beginning of this year until the day of his elimination.
If a legal entity is established in the period beginning with the month of October 1 until the end of the year preceding the year of its liquidation, the tax period for such taxes is the period of time from the date of creation to the day of its elimination.
3. When creating or liquidation of a legal person, the first (last) fiscal period in respect of taxes for which the tax period shall be a calendar month or quarter, determined in consultation with the internal revenue service at the place of registration as a taxpayer.
4. Parts 2 and 3 of this article shall apply: in the case of branches, representative offices or permanent representations of legal entities of Turkmenistan;
for individuals-private entrepreneurs;
in respect of the partnership, are taxpayers;
in cases of mergers and Division of legal persons.
5. If the property is subject to taxation was purchased, implemented (expropriated or destroyed) during the calendar year fiscal period for income tax in respect of that property is defined as a time period where such property owned by a taxpayer in the calendar year.
 
Article 39. Methods for determination of tax service estimated amount of tax 1. In case the taxpayer a tax return within the prescribed in this code the term alleged tax amount is determined by the internal revenue service on the basis of a fixed amount of tax for a preceding reporting period.
2. If in the course of tax audits revealed a lack of accounting of tax objects either by the taxpayer not submitted such data, the tax office may, on the basis of the available information to calculate and set the estimated tax, using, where appropriate, the estimated value of realization of goods (works, services), the estimated value of the property, the average salary level of profitability in the amount of 25 per cent (8 per cent of turnover for trading activities).
Profitability in this case, with the exception of trading activity, shall be determined in accordance with article 133 of the present code.
Estimated amount of tax can be calculated and determined on the basis of comparable economic indicators of other taxpayers engaged in similar activities.
In the case where the above valuation methods give different results, there is the maximum value of the anticipated amount of tax.

3. in a further submission of tax return, taxpayer and, where necessary, appropriate accounting data objects of taxation tax service tax adjustment in the amount set in accordance with parts 1 and 2 of this article.
 
Article 40. Periods of limitation of actions 1. The tax office may adjust amount of tax for a period of five years after the end of the tax period for which it was installed.
2. Recovery of established or additionally accrued amount of tax may be exercised within five years from the date a claim for payment of the tax.
 
§ 2. Presentation of the tax notice, article 41. Tax notice 1. Tax notice is a written demand to the internal revenue service (Customs) to the taxpayer.
Tax receipt is sent to the taxpayer in the following cases: a) tax in accordance with the present code by the internal revenue service (Customs);
b) if the results of desktop inspection tax service is installed, the amount of tax is required from one taxpayer calculated independently;
in) while taking the internal revenue service (customs service) based on the results of documentary verification decisions on changing the fixed amount of tax;
g) when you change the date of tax payment;
d) if the taxpayer performed the obligation to pay the tax;
(e)) in other cases related to taxation.
2. Tax receipt must be sent and delivered to the taxpayer not later than five days from the moment of occurrence of the circumstances referred to in paragraph 1 of this article.
Tax notice may be referred to the head of the legal person (or his/her authorized representative) or an individual (and his/her authorized representative) personally against receipt or otherwise confirming the fact and date of receipt. In the case where these persons refuse to receive a tax notice, this notice is sent by registered mail. Tax notice is deemed to have been received after six days from the date of dispatch of a registered letter.
3. Tax notice is subject to change, if after sending or delivery of its taxpayer tax (Customs) service becomes aware of the circumstances or evidence leading to a change in the amount of tax that is different from that mentioned in the tax notice.
 
Article 42. Tax notification form 1. Form of a tax notice shall be approved by the main state tax service of Turkmenistan.
2. Tax receipt must be signed by an authorized official and certified with the seal of the internal revenue service.
 
Chapter 3. Payment of tax Subsection 1. The duty to pay tax, and its article 43. The occurrence or the termination of the obligation to pay the sales tax 1. Responsibility for tax liabilities of the taxpayer arises from the moment of occurrence of circumstances involving the payment of tax in accordance with the requirements of the tax laws of Turkmenistan.
2. the responsibility for payment of the tax shall be terminated: payment of outstanding amounts of tax;
with the death of the taxpayer or of his death, in the manner prescribed by the Civil Code of Turkmenistan Saparmurat Turkmenbashi;
by the decision of the Court;
with the liquidation of a legal person-taxpayer as a result of insolvency (bankruptcy);
with the advent of other circumstances this code binds the termination of the obligation to pay the tax.
 
Article 44. The sequence of execution of the obligation to pay the tax if the taxpayer's account for funds in the Bank as required for the execution of all its obligations, the obligation to pay the tax, financial sanctions and penalties are executed before other obligations except: for reparations for the damage to life and health, alimony;
for termination benefits and remuneration of persons who work under an employment agreement (contract) and other agreements civil legislation connected with execution of labour duties and remuneration under an author's contract and compensation payments to employees;
on payment of State pensions and allowances, deductions under the treaties of the State social insurance compulsory pension and health insurance;
the reimbursement of claims of creditors secured by pledge, through funds from the sale of the pledged property to the taxpayer.
In some cases, by agreement with the main state tax service of Turkmenistan obligations on repayment of the debt (accrued interest) on loans from foreign financial organizations according to loan agreements concluded on behalf of the Government of Turkmenistan, as well as other payments in accordance with the special arrangements for calculations can be performed earlier than the obligation to pay taxes, penalties and interest charges.
(As amended by the law of Turkmenistan on May 23, 2015-statements of the Mejlis of Turkmenistan, 2015, no. 2, p. 71) article 45. Terms of execution of the obligation to pay the sales tax 1. Terms of execution of the obligation to pay the tax established by this code and other acts of tax laws of Turkmenistan with respect to each type of tax.

2. the amount of the calculated tax when changing a previously installed tax paid by the taxpayer (a tax agent) within five days of receipt of the tax notice.
3. Terms of execution of the obligation to pay the tax may be modified in the cases laid down in articles 54-56 of this code.
 
Article 46. The execution of the obligation to pay the sales tax 1. The execution of the obligation to pay the tax is carried out directly by the taxpayer, except where, in accordance with the present code or other acts of tax laws of Turkmenistan pursuant to its responsibility lies with the other person.
For legal entities-residents of Turkmenistan, carrying out operations associated with the production (manufacture) and (or) or selling natural gas, crude oil, petroleum products, as well as rail transportation, the Cabinet of Ministers of Turkmenistan may be determined by a special procedure for calculating taxes and submission of tax declarations.
2. Tax may be paid in cash, including money transfer and (or) in the form of non-cash payment.
3. When paying in cash the day of payment of the prescribed amounts of tax or a part thereof is considered to be the day of submission of these funds to the Bank.
4. When paying by transfer cash the day of payment of the prescribed amounts of tax or a part thereof is deemed to be the day of debiting the account with these taxpayer funds.
5. If withholding tax agent the day of payment of the prescribed amount of tax by the taxpayer is deemed to be the day of withholding tax.
6. The day of payment of the prescribed amounts of tax or a part thereof shall be the date of imposition of the internal revenue service (Customs) or by a court decision on crediting of overpaid or overcharged amounts of tax.
7. The day of payment of the prescribed amounts of tax or a part thereof under foreclosure of the property of a taxpayer (a tax agent) and with third-party foreclosure is considered the day of depositing funds to the State budget of Turkmenistan.
8. Payment of tax withheld not and (or) not listed in the State budget of Turkmenistan with money paid by the taxpayers, the tax agent is carried out at their own expense, with the subsequent recovering these amounts from taxpayers in the manner prescribed by the legislation of Turkmenistan.
Neuderžannaâ the amount of tax can be deducted or claimed from taxpayers: individuals-from payments made in the three months preceding the month when it was determined that the neuderžaniâ tax;
legal entities-from payments made over the past five years prior to the year when it was determined that the neuderžaniâ tax.
9. Non-performance or improper performance of the taxpayer (tax agent) the obligation to pay the tax is the cause of the internal revenue service (customs service) of claims for payment of the tax and financial sanctions, as well as measures to ensure the execution of the obligation to pay the tax in accordance with articles 58-70 of the present code.
10. This article shall also apply in respect of financial sanctions and penalties.
(As amended by the Act of March 17, 2008)
 
Article 47. Payment of tax in appeals against decisions of the internal revenue service (customs service) 1. In case of contestation of established revenue service (customs service) of the amount of tax obligation on its payment should be executed by the taxpayer to an amount which is not contested. The disputed amount of tax is not paid within the period of consideration of an appeal in the tax court and service, but no more than six months from the date of its establishment (or the day when it has been adjusted). Failure to pay all or part of the amount of the tax does not relieve the taxpayer from paying penalties for delayed payment of this tax.
In case of failure of the duty to pay tax measures to ensure that the execution of such duties, apply the internal revenue service (Customs) to the amount of tax that is not contested.
When the tax service has the right to demand from the taxpayer pledge (money) or surety in respect of the disputed tax amount. If you cannot fulfill these requirements by the taxpayer responsibility for payment of the tax shall be performed at the amount that is being contested.
2. When deciding on the total or partial cancellation of the tax amount that was challenged, the taxpayer is entitled to a refund of money paid as a penalty for non-payment of income tax abolished. Refund of amounts recovered interest charges shall be in accordance with the provisions of article 49 of this code.
3. This article shall apply with respect to financial sanctions and penalties as well as tax agents.
 
Article 48. Responsibilities institutions banks on execution orders of the taxpayer and the tax service requirements 1. The Bank is obliged to accept payment of a taxpayer (a tax agent) to enumerate the taxes regardless of the availability of funds on any accounts of a taxpayer (a tax agent) in banks.
Request for payment of the tax service to enumerate the taxes taken institution the Bank irrespective of money resources on accounts of a taxpayer (a tax agent).

The demand for transfer taxes marks the establishment of the Bank, subject to the provisions of articles 44 and 46 of this code.
Subject to the availability of funds in the accounts of a taxpayer (a tax agent) to execute in full payment order (instruction) to enumerate the taxes it marks the establishment of the Bank not later than the next working day after receipt of the payment order (payment).
In case of insufficiency or lack of money resources on accounts of a taxpayer (a tax agent) on the day of receipt of payment Bank agency requirements (orders) to enumerate the tax it marks as the receipt of funds on the accounts no later than the day following the date of each such receipt on invoice.
The provisions of this part apply to foreclosure of the unpaid amount of the tax from the third party debtor taxpayer (a tax agent).
2. implementation of the institution of the Bank operations by means of taxes included in the State budget of Turkmenistan, produced without charging any fee.
3. This article shall also apply in respect of financial sanctions and penalties.
 
Article 49. Offset and refund of overpaid amounts of tax 1. If the amount paid exceeds the tax, the tax office at the place of registration as a tax payer and, where appropriate, the customs service: and) produce set-off the amount of overpaid tax in arrears under any other tax, as well as financial sanctions and penalties with a warning about this. Set-off is made not later than the next day after the formation of the overpaid amount of tax if you have debts (or education debt when you have overpaid tax amounts);
b) in the absence of debts on other taxes, as well as financial sanctions and penalties give conclusion financial authority to refund the taxpayer overpaid tax within ten days from the moment of submission of a written application by the taxpayer.
2. Tax Service (USCS) is obliged to inform the taxpayer concerning classification of overpaid amounts of tax not later than the next day following such set-off.
3. Refund of overpaid amounts of tax shall be made to the appropriate financial authority based on the conclusion of the internal revenue service (Customs) within twenty days from the date of receipt of such a conclusion.
4. Late return to the taxpayer overpaid or withheld taxes is made with charge of 0.03 per cent on the amount per each day of delay.
5. taxpayer has the right to demand the set-off and (or) the refund of overpaid amounts of tax in the period of five years from the date of payment (retention). On appeal, the tax service adopted decision specified term shall be suspended for the period of consideration of an appeal.
6. This article shall apply with respect to financial sanctions and penalties as well as tax agents.
(As amended by the Act of March 17, 2008)
 
Article 50. Payment of tax upon liquidation of a legal person-taxpayer 1. The obligation to pay taxes the liquidated legal person-taxpayer performed the liquidation Commission at the expense of its funds, including those obtained from the sale of property belonging to him.
2. If the funds of the legal person being liquidated, including after realizing its assets are insufficient for the payment of taxes, the remaining debt should be performed by the founders of (or participants in) the legal person, if in accordance with the law or constituent documents they are responsible for its obligations.
3. the debt remaining after the execution of founders (participants) of its obligations towards a likvidiruemomu entity, recognized for receivables and is written off in accordance with the provisions of article 57 of this code.
4. the obligation to pay taxes of the legal person being liquidated shall be executed no later than two months after the commencement of liquidation procedures. Tax service when there are reasonable grounds to extend the time specified, but no more than one month.
5. This article shall apply with respect to financial sanctions and penalties as well as tax agents.
 
Article 51. Payment of tax in reorganization of a legal person-taxpayer 1. Payment of taxes owed by a legal person-taxpayer subject to reorganization, rests on its successor (successors). When the obligation to pay taxes for such legal person occurs in the successor (successors) regardless, were known to him (them) or not until the completion of the reorganization of the facts and/or circumstances default or improper fulfillment of obligations of the reorganized legal person to pay taxes.
If you have multiple successors share each successor to pay taxes for such legal person shall be determined in accordance with the separation balance sheet, or an other Act of separation.
Reorganization of a legal person does not change the timing of the execution of the obligation to pay the taxes successor (successors) that legal person.

2. when changing the organizational-legal form of legal entity (except for cases of privatization) of its successor to pay taxes recognized legal entity resulting from the reorganization.
3. When merging several legal persons, of their legal successor to pay taxes recognized legal entity resulting from the merger.
4. When you attach one legal entity to another entity for their successor to pay taxes is recognized as a legal person, to which it was attached.
5. If a legal person, its successors to pay taxes are recognized as legal persons arising as a result of this separation.
6. When you select from the legal person of one or more legal entities tax at a succession of such legal persons does not arise. They are also not subject to the privileges which were granted to the legal entity of the selection, if there are sufficient grounds to believe that such a reorganization is aimed at avoiding implementation of the obligation to pay the tax, the tax office may require from evolved legal persons paying tax for the reorganized legal person.
7. This article shall apply with respect to financial sanctions and penalties as well as tax agents.
 
Article 52. Payment of tax arrears in case of death of the natural person 1. Tax arrears in case of death of the natural person is vested in the successor (successors), accepting the inherited property. Unpaid amount of tax payable successor (successors in proportion to the share in inheritance) not later than six months from the date of acceptance of inheritance in accordance with the Civil Code of Turkmenistan, Saparmurat Turkmenbashi.
The successor (successors) is not raised duties to pay financial penalties and fines are not paid by the deceased individual. This debt has been recognized and is subject to write-off irrecoverable in accordance with article 57 of this code.
2. The tax office at the place of origin of the deceased individual and location of his property is obliged within five days after receiving the information about his death to inform about the availability of tax debt the deceased individual in notarial body opened a case about his legacy. Notary authority opened the inheritance case, should bring this information to the successor (successors) and inform him (them) the obligation in the case of acceptance of inheritance to pay instead of the deceased natural person remaining unpaid amount of tax.
3. In the absence of a successor (successors), or when their renunciation of inheritance not paid in case of death of the natural person tax amount recognized hopeless debt is written off in accordance with the provisions of article 57 of this code.
 
Article 53. Payment of tax for missing or disabled natural person 1. The duty to pay tax for an individual recognized by the Court incompetent or missing, as well as financial sanctions and penalties on the day of acceptance of the physical person so executed by the person authorized to dispose of property missing or incapacitated person, due to this property. Unpaid amount of tax, and the financial penalties and fines must be paid not later than three months from the date of appointment of the person authorized to dispose of property missing or incapacitated individual.
The relevant tax office within five days from the date of receipt of the information on the recognition of the physical person incompetent or missing is obliged to inform the person who is authorized to manage the property of that person, of the possession of such person, the amount of tax debt outstanding of financial sanctions and penalties.
2. financial penalties and interest accrued since the recognition of physical persons missing or without active legal capacity until the appointment of the person authorized to dispose of its property, is written off in accordance with the provisions of article 57 of this code.
3. Taxes, financial sanctions and penalties of a natural person established in the prescribed manner incompetent or missing, when failure (absence) of the property of that person for his tax obligation, the payment of financial penalties and fines in the portion exceeding the value of the specified property is recognized for receivables and is written off in accordance with the provisions of article 57 of this code.
In accordance with the established procedure decision to cancel recognition of the physical person incompetent or missing from the day when such decision is restored previously deducted taxes, financial sanctions and penalties, if the period of limitation has expired.
 
§ 2. Changing the timing of payment, cancellation of taxes, financial sanctions and penalties Article 54. Changing the timing of taxes financial sanctions and penalties 1. Change date of tax payment, financial sanctions and penalties recognized by transferring the deadline their payment at a later date.

Changing the date of tax payment, financial sanctions imposed for violation of the tax legislation of Turkmenistan, and penalties shall take the form of deferral or installment of the entire amount of tax payable, financial sanctions and penalties or parts thereof respectively with a lump-sum or phased payment of the arrears.
The decision to change the date of tax payment, financial sanctions and penalties are taken: the main state tax service of Turkmenistan in the form of deferral or payment by installments for a period of up to one year;
The State Customs Service of Turkmenistan and its bodies on the ground against taxes payable in connection with the movement of goods across the customs border of Turkmenistan, in the form of deferral for a period not exceeding thirty days.
2. The Cabinet of Ministers of Turkmenistan shall be entitled to take decisions on the granting of deferment or payment by installments of tax, financial sanctions and penalties for longer periods.
 
Article 55. The order of granting a deferral or installment tax payments, financial sanctions and penalties 1. The grounds for granting a deferral or installment tax payments, financial sanctions and penalties to the taxpayer may be: (a) that person) causing harm as a result of natural disasters, technological disasters or other force majeure;
b) delay the person funding from the State budget of Turkmenistan;
in the) threat of bankruptcy, suspension or violation of the production process of that person in the case of a lump-sum payment of tax;
g) property of a natural person, precluding the possibility of a lump-sum payment of the tax;
d) other grounds stipulated by the customs legislation of Turkmenistan in respect of taxes payable in connection with the movement of goods across the customs border of Turkmenistan.
2. A deferral or payment byinstallments of a tax, financial sanctions and penalties may not be available to the taxpayer if: criminal proceedings have been instituted against him for the crime, connected with violation of tax laws of Turkmenistan;
There are reasonable grounds for believing that he will take advantage of this change to hide their money or other property subject to taxation or that person is going to leave Turkmenistan for permanent residence.
3. Penalties during deferment or payment by installments is not accrued on the amount of tax on which the given such deferral or installment plan, except in the case specified in subsection 4 of article 56 of this code.
4. statement by the taxpayer for a deferral or installment tax payments, financial sanctions and penalties with reasons and application of necessary documents will be served in the appropriate authority to take such a decision.
5. Deferral or installment tax payments, financial sanctions and fines on the grounds specified in paragraphs "b", "c", "d" and "d" of part 1 of this article may be granted bail to the taxpayer's property or if there is guarantee of solvent persons, unless otherwise stipulated by this code. The application for a deferment or payment by installments documents relating to property, which may be the subject of collateral or surety.
6. Decision on granting a deferral or installment tax payments, financial sanctions and penalties or refuse their provision was adopted by the authorized body within five days from the date of receipt of the application by the taxpayer. For the reasons stated in paragraph «а» part 1 of this article, the designated authority may not refuse a taxpayer in deferral or payment in instalments to pay tax, financial sanctions and penalties in an amount not exceeding the size of his damages.
7. Decision on granting a deferral or installment must contain an indication of the type of tax, financial sanctions and penalties, which granted a deferral or installment, their amount, terms and the procedure of their payment, as well as relevant in cases of property which is the subject of a pledge, or information about sponsorship.
8. the decision on refusal in granting a deferral or installment tax payments, financial sanctions and penalties must contain reasons and grounds for such denial.
9. The decision on granting a deferral or installment tax liabilities or refuse their granting shall be sent by the main state tax service of Turkmenistan to the taxpayer and the tax authority at the place of its accounting within three days from the date of adoption of this decision.
 
Article 56. Termination of the postponement or payment by installments of tax, financial sanctions and penalties 1. Effect of deferral or installment tax liabilities, financial sanctions and penalties, shall terminate upon the expiration of the relevant decision or may be terminated prematurely before the expiration of such period in cases stipulated by this article.
2. the deferral or installment tax payments, financial sanctions and penalties shall expire prematurely in the case of a payment by the taxpayer of the whole amount of the debt before the deadline.
3. the decision of deferral or payment in instalments of tax payment, financial sanctions and penalties when identifying the taxpayer circumstances referred to in paragraph 2 of article 55 of this code, shall be repealed.

4. In case of violation of the terms of the taxpayer a deferral or installment tax payments, financial sanctions and fines subject to phase-out their action on a decision of the authorized body.
In these cases, the taxpayer shall, within five days after receipt of the decision to pay was not paid on the day of adoption of the decision, the amount of tax, financial sanctions and penalties.
5. Decision on the early termination of a deferral or installment tax payments, financial sanctions and fines shall be notified in writing by the authorized body to the taxpayer, the tax service to place its tax registration within three days from the date of adoption of this decision.
 
Article 57. Debt cancellation of taxes, financial sanctions and penalties 1. If the arrears of taxes, financial sanctions and penalties recognized hopeless to recover, it is subject to cancellation by the decision of the main state tax service of Turkmenistan in agreement with the Ministry of Finance of Turkmenistan.
Taxes, financial sanctions and penalties recognized hopeless respectively in the following cases: expiration of the limitation period for the recovery of tax imposed by article 40 of this code;
expiration of five years from the date of application of the financial sanctions;
within five years after the end of the fiscal period in which installed or additionally credited tax amount in respect of which the penalty is applied.
Debt is also considered to be hopeless in the cases laid down in articles 50, 52 and 53 of this code, and the Court decision.
2. the recognition of bad debt must be confirmed by an act survey (except in the case of the expiration of the limitation period), and, in appropriate cases, the Court's decision.
A survey of taxpayers and tax agents conducted the internal revenue service. A survey of physical persons is carried out with the participation of two witnesses.
The survey order is established by the main state tax service of Turkmenistan.
3. the amounts of debts on taxes, financial sanctions and penalties for privatized enterprises deducted tax service upon receipt of the relevant decision on privatization.
4. the amounts of debts on taxes, financial sanctions and penalties in certain cases may be written off by the decision of the President of Turkmenistan.
(As amended by the Act of March 17, 2008)
 
§ 3. Measures to ensure the fulfilment of a duty to pay tax, article 58. The enforcement of the obligation to pay the sales tax 1. The execution of the obligation to pay the tax is provided by the following measures: billing in the Bank without the payment of the claim;
pledge of property;
surety;
the suspension of operations on accounts in the Bank;
collection of amounts owed to the taxpayer (tax agent) with third parties in the tax account;
imposition of ban on the right to dispose of property with subsequent foreclosure on the property;
penalties for late payments.
2. these measures (excluding penalties) can also be used to ensure payment of the imposed financial sanctions and calculated fines.
(As amended by the Act of March 17, 2008)
 
Article 59. Nomination in the Bank free debit order 1. Tax collection by invoicing in the Bank free debit order is carried out by the internal revenue service in the event of non-payment by the taxpayer (a tax agent) within the prescribed time-limits the amount of tax owed.
The demand at the Bank, where accounts of a taxpayer (a tax agent), after the expiry of the duration of the obligation to pay the tax.
2. Payment request can be submitted to the internal revenue service any accounts of a taxpayer (a tax agent) in national or foreign currency, excluding lending and fiscal accounts.
 
Article 60. Pledge of property 1. Pledge of property as a means of ensuring the fulfillment of tax obligations shall apply in the case provided by the present code.
In part taxes payable in connection with the movement of goods across the customs border of Turkmenistan pledge as a measure to ensure payment thereof shall be applied taking into account the peculiarities stipulated by the customs legislation of Turkmenistan.
2. Pledge of property shall be executed agreement between the pledgor and accordingly the internal revenue service or the customs service, acting as mortgagee. The pledgor may be both the taxpayer and the third person.
3. The enforcement of the obligation to pay the tax because of mortgaged property shall be carried out in the manner prescribed by the legislation of Turkmenistan, regulating legal relations arising in connection with the pledge of property.
4. Committing any deals with the subject of pledge, including deals made by the pledgor to repay the amounts owed, may be carried out only by agreement with the mortgagee.
 
Article 61. Surety 1. Surety can be used in cases, stipulated by the present code and in part secure the payment of taxes in connection with the movement of goods across the customs border of Turkmenistan is taking into account the peculiarities stipulated by the customs legislation of Turkmenistan.

The surety shall be in accordance with the legislation of Turkmenistan agreement between the internal revenue service or the customs service and the guarantor.
2. If the taxpayer has not performed or inadequately fulfilled the duty to pay tax by virtue of the guarantee obligation to pay the amount due within the prescribed period of the amount of tax the taxpayer instead performed a surety.
 
Article 62. Suspension of operations on accounts in the Bank 1. Suspension of operations on accounts in the Bank is a measure limiting the right of a taxpayer (a tax agent) to dispose of cash funds or coming in at its account at the Bank, as well as the right of that person to the opening of new accounts in the same or in another banking institution.
This limitation does not apply to the payment of taxes, financial sanctions and fines payable to the State budget of Turkmenistan, as well as the implementation of the obligations set forth in article 44 of this code.
2. The decision to suspend operations on accounts in the Bank shall be made by the head (his Deputy) of the tax service: non-payer (tax agent) financial statements and (or) the tax declaration to the tax office within ten days after the deadline for their submission, as well as in the case of failure of their submission;
preventing taxpayer (tax agent) to employees of the internal revenue service in carrying out documentary checks, including failure to submit documents required for documentary checks.
The decision to suspend operations on accounts in the Bank shall be sent with the simultaneous notice of a taxpayer (a tax agent) of the decision.
3. Suspension of transactions on accounts of a taxpayer (a tax agent) in the establishment of the Bank is subject to the unconditional execution of the receipt of the decision of the Bank's tax service agency and is valid until cancellation of this decision or until the full implementation of the requirements specified in the decision.
 
Article 63. Recovery of amounts owed to the taxpayer (tax agent) with third parties at the expense of tax 1. Tax service has the right to foreclose the outstanding tax amount with the third party debtor taxpayer (a tax agent) that are legal persons or individual entrepreneurs.
2. When foreclosure tax amount due from a third party debtor taxpayer (a tax agent) tax service sends them a tax receipt.
Third person is the debtor taxpayer (a tax agent) shall not later than the next day after receiving the above documents to the bank payment order for payment to the State budget of Turkmenistan the amount due the taxpayer (tax agent) within the amount indicated in the tax notice.
A third person may not make such payment if within five days, submit tax service written reasonable assurance of the absence of debts to the taxpayer (tax agent).
3. In case the third party debtor taxpayer (a tax agent) requirements of part 2 of this article, the tax service in accordance with article 59 of this code sets in the establishment of the Bank, in which the third person accounts, direct payment request for an amount not exceeding the receivables of the debtor taxpayer (tax agent).
 
Article 64. Foreclosure on the property of a taxpayer (a tax agent) 1. Foreclosure on the property of a taxpayer (a tax agent) are in breach of them within the prescribed time-limit the obligation to pay the tax, including insufficient funds after applying the tax measures provided for in articles 59, 62 and 63 of this code.
2. For foreclosing on the property of a taxpayer (a tax agent) tax service: accepts the decision about imposing a ban on the right of a taxpayer (a tax agent) to dispose of property, regardless of who it is at this time;
produces a record of assets, which collected unpaid tax amount;
prepares a statement of claim in court to recover the tax from the property of a taxpayer (a tax agent) who is a natural person.
Foreclosure on the property of a taxpayer (a tax agent) of a legal entity on the undisputed amount is carried out by the internal revenue service without registration of a claim in the Court by seizure and transfer in accordance with article 69 of this code. Extraction and transfer to the disposal of equipment shall be prepared and implemented by Act no later than 15 days after a ruling on imposing a ban on the right of a taxpayer (a tax agent) to dispose of property.
3. Recovery cannot apply to the property of budget organizations, as well as property that is mortgaged.
(As amended by the Act of March 17, 2008)
 
Article 65. A ban on the right of a taxpayer (a tax agent) to dispose of property
 

1. For foreclosing on the property of a taxpayer (a tax agent) to the internal revenue service (Customs) has the right to impose a ban on the right of a taxpayer (a tax agent) to dispose of property, regardless of who it is at this time.
2. Ban on the right of a taxpayer (a tax agent) to dispose of property shall be issued by Decree.
Internal Revenue Service ruling about imposing a ban on the right of a taxpayer (a tax agent) to dispose of assets shall be made within one month from the date prescribed for payment of the tax, and shall contain the following information: surname, name, patronymic name of the officer and the internal revenue service, which issued the regulation;
date of adoption and the number of orders;
name and address of the taxpayer (a tax agent), on whose property is levied;
the amount of tax, financial sanctions and fines, to be paid at the expense of foreclosing on the property of a taxpayer (a tax agent), taking into account the sums recovered in accordance with article 59 of the present code;
a decision on production of distraint;
date of entry into force of the regulations in force.
A decree signed by the head (his Deputy) of the tax service and sealed.
3. Prohibition on disposition imposed consistently on: (a)) cash;
b) property outside work;
in) finished goods (goods), as well as other material valuables not involved and (or) not intended for direct participation in the production process;
g) raw materials intended for direct participation in the production process, as well as stani, equipment, buildings and other fixed assets;
d) property transferred under the agreement in the possession, use or disposal of to others without transition to ownership of the property;
e) other property, except property which, in accordance with the legislation of Turkmenistan may not be levied.
A ban on the disposal of property not subject to property transferred under the agreement, for the duration of such a treaty.
4. in the performance of the taxpayer (tax agent) the obligation to pay the tax to the internal revenue service filing a claim in the kazyet decision about imposing a ban on the right of a taxpayer (a tax agent) to dispose of property tax service official is canceled, accept such a ruling.
 
Article 66. Inventory of property 1. The tax office is obliged to proceed with the seizure of property of a taxpayer (a tax agent), which is levied, immediately after a decision to impose a ban on the right of a taxpayer (a tax agent) to dispose of property.
2. The inventory of property shall be required to pay taxes, and, where necessary, and to cover the expenses associated with the storage and realization of assets. The seizure of property is carried out by an authorised employee of the internal revenue service.
3. Employee tax service prior to the seizure of property of a taxpayer (a tax agent) must give the taxpayer (tax agent) or his representative instance of internal revenue service regulations to impose the ban on the right of a taxpayer (a tax agent) to dispose of assets and a document certifying his powers (prescription).
4. the seizure of property of a taxpayer (a tax agent) are in his presence, and in the case where the taxpayer (tax agent) is a legal person, in the presence of its employees who are responsible for the correctness of the tax declaration, as well as being financially responsible persons.
Inventory of property at the expense of the taxpayer which is recovery Tax Act is issued.
The Act also is made in the case where the taxpayer no property that could be levied tax.
5. When conducting an inventory of the property a preliminary assessment of the value of the property, by which you are collecting the tax. Assessment is made on the basis of actual market prices, taking into account the wear and tear.
To conduct an assessment of the described property tax service has the right to involve experts (specialists).
6. When the seizure of property, the taxpayer (tax agent) has the right to declare the employee tax service on some assets should be to foreclose in the first place. An employee of the internal revenue service must meet such a statement if it does not impede the recovery of the unpaid amount of tax.
7. An employee of the internal revenue service can seal up items subjected to inventory.
 
Article 67. The content of the Act of conducting an inventory of the property in the Act of conducting an inventory of the assets that is levied, shall contain the following: the time and place of preparation of the report;
name and surname of the employee of the internal revenue service, as well as those present at the drafting of the Act;
the names of a taxpayer (a tax agent), employees of a taxpayer (a tax agent)-legal entity responsible for the correctness of the tax declaration, as well as being financially responsible persons;
the name of each object being described, its distinctive signs (weight, length, wear, etc.), the score of each subject and the value of all property which is levied;
list of sealed items if the sealing is made;

a list of seized property for transfer to another person for storage if storage is not the property of a taxpayer (a tax agent);
the person to whom the property is transferred to storage and his address;
the notice record taxpayer (a tax agent) and others for clarification of their responsibilities for the safekeeping of assets and their responsibilities;
comments and statements by the taxpayer (a tax agent) and other persons present at the seizure of property.
The Act of holding the asset register, which is produced by collecting the tax, shall be drawn up in the desired number of copies and is signed by an employee of the internal revenue service, the taxpayer (tax agent) and other persons present at the seizure of property. Copies of the Act shall be sent to all interested parties.
 
Article 68. Storage of seized property 1. Distrained property of a taxpayer (a tax agent), which is levied, the employee tax service is passed on the taxpayer (tax agent) or another person against his signature. They shall be provided with a copy of the Act of holding the asset register, which is produced by collecting the tax.
Cash, including foreign currency, securities, bullion, concentrate, nuggets of precious metals, semi-finished products and their manufacturing and laboratory supplies, diamonds, as well as jewelry and other household items made of gold, silver, Platinum and platinum group metals, precious stones, pearls and their scrap, owned by the taxpayer (tax agent) which is levied, shall be deposited to the establishment of the Bank.
2. a person who has described the property, cannot perform any action with such property without permission from the internal revenue service.
3. a person except the taxpayer (a tax agent) who deposited property gets the reward for storage, covering actual incurred costs associated with holding the assets and income of such person. Reimbursement of such sums are paid from funds received from the disposition of the property of a taxpayer (a tax agent).
4. For loss, shortage or damage of deposited property custodian is liable in accordance with the legislation of Turkmenistan.
5. The person in whose possession the property is located of a taxpayer (a tax agent), which is levied, shall on demand of the authorized employee of the internal revenue service to transfer the property tax office. When you run the specified requirements of such person shall be released (from the moment of his execution) from any obligation owed by the taxpayer (a tax agent) in the amount of the value of the transferred property.
(As amended by the Act of March 17, 2008)
 
Article 69. The statement of claim in court for foreclosure of the property and the disposal of property 1. Petition for foreclosure on the property of a taxpayer (a tax agent) is the internal revenue service in court. The procedure for filing a statement of claim is established by legislation of Turkmenistan.
2. A claim to recover income tax expense of imuŝestvanalogoplatel′ŝika (tax agent) may be filed in the Court within six months after the adoption of the Ordinance imposing the ban on the right of a taxpayer (a tax agent) to dispose of property.
3. the statement of claim for recovery of the tax from the property of a taxpayer (a tax agent) is attached the tax service's ruling to impose ban on the right of a taxpayer (a tax agent) to dispose of property, Act of conducting an inventory of the assets that is levied, and other documents required for consideration of the statement of claim.
4. disposal of assets is carried out through the State commodity and raw materials exchange of Turkmenistan or through retail entities in the manner prescribed by the legislation of Turkmenistan, on the basis of agreements, which define the conditions for putting property tax authorities for the implementation and realization of the reception conditions and payment to the State budget of Turkmenistan for this property. For the implementation of certain types of property may be held and other State bodies.
Transfer of assets for subsequent implementation is carried out by tax authorities and in cases stipulated by this code, with the mandatory participation of a representative of the Court within 5 days from the receipt of the decision of the Court. Since the adoption of the property responsible for its integrity and safety are the responsibility of the person who has property.
The disposition of the property is made without exchange fees.
5. Where necessary, reassessment of property is allowed, taking into account the demand for it. The Commission to re-evaluate assets shall include representatives of bodies involved in the initial evaluation of this property. About the reassessment of property shall be drawn, one instance of which is passed to the authority of the internal revenue service.
(As amended by the law of Turkmenistan on March 17, 2008 and May 10, 2010-statements of the Mejlis of Turkmenistan, 2010 г., no. 2, p. 34) article 70. Penalties 1. Penalties are imposed on the taxpayer (a tax agent) in case of violation of the target date of tax payment.

Penalties are imposed on the establishment of banks, if the obligation of a taxpayer (a tax agent) to pay the tax are not performed in a timely manner due to the fault of the Bank. In this case, the penalties do not apply to the taxpayer (tax agent).
Penalties do not apply in cases of late payment of the tax by the taxpayer when the wrong tax calculation by the notified body involved in tax matters;
Tax agents-budgetary organizations with respect to taxes on income of individuals provided for in the estimates of budgetary financing, as well as for taxes from payments made at the expense of the State budget of Turkmenistan, the Monetary reserve of the Government of Turkmenistan and the funds received within the framework of projects and programmes of international humanitarian, financial, technical assistance and loans (loans) granted Turkmenistan foreign States or international organizations to others.
2. Penalty is charged at a rate of 0.03 per cent from not paid within the prescribed time-limits the amount of tax for each calendar day of delay, including day of payment and before the expiry of the limitation period for the recovery of tax imposed by article 40 of this code. Accrual of fines is also limited to a period when debt is recognized as hopeless in the cases laid down in articles 50, 52 and 53 of this code, and the Court decision.
In cashless form of payment of tax arrears is not included in the term determined by the institution of the Bank for the execution of payment orders of a taxpayer (a tax agent) or payment requirements.
Penalties for late payment of the additional tax amount accrued shall be calculated for the entire period of the withholding tax, starting with the period established by this code and other acts of the tax laws of Turkmenistan, in relation to each type of tax.
When submitting a tax declaration by the taxpayer with amendments or a tax declaration, which previously had not been submitted, shall be recalculated surcharges, including further assessed (reduced) tax amounts in the form of advance payments. (Turkmenistan law dated 18.04.2009 g. provides that additions and changes to the second part of article 70, part of the fifth article 88, in the first part of article 162 of the tax code of Turkmenistan shall apply for the period from November 1, 2004).
In cases stipulated by article 180 part six of this code, penalties are assessed for each calendar day of delay up to the date of approval of the relevant tax authority documents that are the basis for tax neuderžaniâ from the source of payment.
3. Tax Service monthly directs taxpayer (tax agent) tax notice of the amounts of fines, calculated over the past month in up to 5 of the following month.
Fines paid by the taxpayer (a tax agent) within ten days from the moment of handing him the tax notice.
Payment of the penalty shall be made after tax.
4. adjustment of the fixed amount of tax changes accrued till this penalty.
(As amended by the law of Turkmenistan on April 18, 2009 and August 4, 2011-Statements of the Mejlis of Turkmenistan, 2009 г., no. 2, p. 41, 2011, no. 3, art. 59) section v. tax service of Turkmenistan Article 71. Tax service of Turkmenistan authorities 1. Tax authorities of Turkmenistan are the main state tax service of Turkmenistan and its subdivisions in velayats, towns and etraps.
Tax service authorities carry out their responsibilities and act within their powers in accordance with this code and other legislative acts of Turkmenistan.
Tax service bodies carry out their work in coordination with other State authorities, local executive bodies and local governments.
2. tax service Bodies may exercise and other functions assigned to them by the legislation of Turkmenistan.
3. At the expense of the State budget of Turkmenistan produced only 50 per cent of funding for salaries tax service.
The rest of the wage tax of 50 per cent is funded by 50% of the amount applied and paid (recovered) penalties and fines.
 
Article 72. The main state tax service of Turkmenistan 1. The main state tax service of Turkmenistan is accountable to the Cabinet of Ministers of Turkmenistan and acts on the basis of the Provisions relating thereto.
The main functions of the main state tax service of Turkmenistan are: to ensure full and timely accounting of taxpayer (tax agents), monitoring for correct calculation, completeness and timeliness of payment of taxes to the State budget of Turkmenistan;
the collection and analysis of information on execution of tax legislation, the preparation of proposals for its improvement;
publication of the methodological and policy guidance on issues within its competence;
consideration of applications in accordance with the established procedure and appeals of natural and legal persons on matters within the competence of tax authorities;
participation in the drafting of tax treaties with other States;
interaction with the tax authorities of other States.

2. The main state tax service of Turkmenistan organizes and directs the activities of its subdivisions in velayats, towns and etraps.
 
Article 73. Ranks of officers and officials of the State revenue service officials and employees of the bodies of State tax service can be assigned personal title: principal adviser of the State tax service of Turkmenistan;
Chief Adviser of the State tax service of Turkmenistan I, II and III;
Senior Advisor to the State tax service of Turkmenistan;
Senior Advisor to the State tax service of Turkmenistan I, II and III;
Adviser of the State tax service of Turkmenistan;
Adviser of the State tax service of Turkmenistan I, II and III rank.
The rank of Chief Adviser of the State tax service of Turkmenistan and the Chief Adviser of the State tax service of the 1st rank is assigned by the President of Turkmenistan.
The order of assignment of personal titles and allowances for them to official salary of the employees of the organs of the State tax service is approved by the Cabinet of Ministers of Turkmenistan.
 
Article 74. Law officers and employees of the tax authorities 1. Officials and employees of tax authorities have the right to demand and receive from the taxpayer (a tax agent) and others, including the establishment of banks, documents and other information on forms approved in accordance with the established procedure, employees of the bases for calculation and payment of taxes, as well as explanations and documents, confirming the correctness of the calculation and the timeliness of payment of taxes, financial sanctions and penalties;
to carry out tax audits in the manner prescribed by the tax laws of Turkmenistan;
implement, where necessary, organizing inventory property of the taxpayer;
involve specialists and experts and obtain their opinions on matters not within the competence of tax authorities, but related to taxation;
participate in audits, together with other State bodies;
in accordance with this code and the laws of Turkmenistan to explore when conducting tax inspection documentary production, storage, commercial and other legal and natural persons that are used to implement entrepreneurial and other activities aimed at making a profit (income), as well as property associated with such activities;
to monitor compliance with the rules of electronic cash registers and devices that accept cashless payments through bank payment cards;
be within its competence protocols for cases of tax violations;
in case the taxpayer documents (information) independently on the basis of the available information to determine and establish the amount of tax to be payable;
call the tax service bodies of taxpayers (tax agents), as well as other persons who are documented and (or) information relating to taxpayers (tax agents);
other rights established by this code and other acts of the tax laws of Turkmenistan.
2. the rights of officers and employees of the tax authorities in the job descriptions approved by the head of the body concerned.
(As amended by the law of Turkmenistan on March 1, 2014  -Statements of the Mejlis of Turkmenistan, 2014, no. 1, p. 49) article 75. Duties of officers and employees of the tax authorities 1. Officials and employees of the tax authorities are obliged to act in strict compliance with this code and other legislative acts of Turkmenistan;
to comply with the tax rules of confidentiality and storage of information on taxpayers (tax agent);
undertake, within their mandates, monitoring of compliance with the tax laws of Turkmenistan, to require from taxpayers (tax agents) removing the revealed violations and monitor compliance with these requirements;
within its competence to inform taxpayers of their queries on current taxes, order and timing of their payment, the rights and duties of taxpayers (tax agents), as well as on the relevant acts of the tax laws of Turkmenistan;
respect the honour and dignity of taxpayers (tax agents) and other participants of tax relations.
Officials and employees of the tax authorities have other responsibilities established by this code and other acts of the tax laws of Turkmenistan.
2. duties of officers and employees of the tax authorities in the job descriptions approved by the head of the body concerned.
3. Officers and employees of the tax authorities, in addition to the duties specified in this article, have responsibilities in accordance with the Turkmenistan law "on the apparatus of the State bodies and the Turkmenistan law" on the selection of government leaders and officials in the public service in Turkmenistan ".
 
Article 76. Restrictions in the activities of the officials and employees of the tax authorities
 

1. the official and civil servant authority tax service of Turkmenistan there are limitations associated with the passage of the public service established by the Turkmenistan law "on the service in the apparatus of the State bodies and the Turkmenistan law" on the selection of government leaders and officials in the public service in Turkmenistan ".
2. the officials and employees of the tax authorities prohibited the exercise of their duties in respect of a taxpayer (a tax agent): a) if the taxpayer (tax agent) is a physical person or the head or chief accountant legal person have a close relative of the officer or employee of the authority of the tax service;
b) to which they or their close relatives have a direct or indirect financial dependence.
 
Article 77. Legal protection of officials and employees of the tax authorities 1. Officials and employees of the tax authorities are representatives of the State power and are protected by the State. Their legitimate requirements binding on taxpayers (tax agents) and their legal representatives.
2. Obstruction of the execution of the officials and employees of the tax authorities of their duties, the insult of honour and dignity, threat, disobey, display violence or attacks on their lives, health and property in connection with their implementation of the performance management entail liability established by the legislation of Turkmenistan.
 
Article 78. Secret information on the taxpayer (tax agent) 1. Any information on the taxpayer, the tax agent, in addition to the following, obtained tax service agency, is the secret of a taxpayer (a tax agent): information of a taxpayer (a tax agent), much publicized alone or with his authorization;
information provided by law enforcement agencies, courts and the public authority of Turkmenistan for counteraction to legalization of criminal proceeds and terrorism financing;
tax information index of the taxpayer;
information about the violation of the tax laws of Turkmenistan and on measures of responsibility for those violations;
information provided by tax or law enforcement agencies of other States in accordance with international agreements of Turkmenistan.
2. Bodies involved in tax matters, and their officials and servants, including formerly established, attracted specialists and experts, are obliged to keep secret information about a taxpayer (tax agent), except for the cases stipulated by the legislation of Turkmenistan.
3. Loss of documentation containing information constituting secret on the taxpayer (tax agent) or disclosure of such information shall entail liability established by the legislation of Turkmenistan.
(As amended by the law of Turkmenistan on July 2, 2009-Statements of the Mejlis of Turkmenistan, 2009 г., no. 3, p. 45) article 79. Liability of tax authorities and other bodies involved in tax matters, their officers and employees 1. Tax service bodies, other bodies involved in tax matters, as well as their officials and employees are responsible, in accordance with the legislation of Turkmenistan.
2. the officials and employees of tax authorities and other bodies involved in tax matters, for unlawful actions or omissions responsibility established by the legislation of Turkmenistan.
 
Section VI. Tax audits Article 80. Types of inspections 1. Tax service holds the cameral (preliminary) and documentary tax audits. Tax inspection may be extended by not more than five fiscal years of taxpayer (a tax agent), before the year of verification. This limitation may not apply when the tax base of this period shall be calculated taking into account the operations performed in previous periods or income (deductions, losses) on them.
2. If during the cameral (preliminary) and documentary tax audits from the internal revenue service there is a need to obtain information about the activities of a taxpayer (a tax agent) associated with other persons, service tax can reclaim these individuals have documents relating to the activities of the validated the taxpayer or tax agent (cross-check).
3. Repeated documentary tax inspection in order to monitor the activities of the tax service is held by a higher tax on the basis of the decision of the service.
4. Documentary tax inspection of persons relating to the subjects of small and medium-sized enterprises in accordance with the Turkmenistan law "on State support of small and medium enterprises", is carried out taking into account the requirements of the Act.
(As amended by the law of Turkmenistan on March 17, 2008 and May 10, 2010-statements of the Mejlis of Turkmenistan, 2010 г., no. 2, p. 34) Article 81. Off-site tax inspection
 

1. Off-site tax inspection shall be conducted at the location of the tax service on the basis of tax returns, financial statements and other documents submitted by the taxpayer (a tax agent), giving rise to tax calculation and payment, as well as other documents and information available to the internal revenue service.
2. Desk Audit is conducted within thirty days from the date of submission of the tax return, the taxpayer and documentary basis for calculation and payment of tax, authorized employees of the internal revenue service in accordance with their official duties without any special decision of the head of the tax service.
3. If the inspection test revealed errors in filling documents or discrepancy between the information contained in the documents submitted, then reported to the taxpayer (tax agent) with the requirement to make the appropriate corrections.
If after checking the identified errors which lead to the underestimation of the amount of tax payable, the employee performing the service tax kameral′nuû tax audit tax audit Act is. The Act is signed by the employee tax service kameral′nuû out tax inspection, and approved by the head (Deputy) of the tax service. The form and requirements for drawing up off-site tax inspection Act shall be established by the main state tax service of Turkmenistan.
The underestimation of the amount of tax due to the tax inspection reveals verification, does not entail the application of financial sanctions.
4. When setting the result to an on-site tax inspection tax amount not corresponding to the amount of tax calculated by the taxpayer (a tax agent), the Tax Office sends him a tax notice on the amount of the prescribed tax.
 
Article 82. Documentary tax inspection 1. Documentary tax inspection shall be conducted based on prescriptions signed its tax service Chief (Deputy Chief). Form of regulations on carrying out documentary tax inspection shall be approved by the main state tax service of Turkmenistan.
The taxpayer shall be presented to the original requirements. The refusal of the taxpayer from the acquaintance with the injunction does not constitute grounds for cancellation of the documentary a tax audit.
2. the taxpayer is notified where necessary carrying out documentary tax inspection not later than five working days prior to its implementation.
Documentary tax inspection can be carried out without prior notification, in cases where there are sufficient grounds indicating tax evasion.
3. Documentary tax inspection shall be conducted over periods that have been completed by the beginning of the audit. Where necessary, the tax inspection can be documented for reporting periods that have been completed by the time of the commencement of the audit. In both cases, the start of the audit must be defined after the deadline set for the submission of statements for those periods.
During the documentary inspections not allowed the introduction of amendments and additions to the taxpayer's financial statements, tax returns and other documents validated period.
Documentary tax inspection may not exceed two months. In exceptional cases, the competent tax service can increase its duration until the time limit for its completion, but not more than one year.
Documentary tax inspection implemented by the higher revenue service in order to monitor the activities of subordinate tax authorities, carried out checks in cases of reorganization or liquidation of a legal person, as well as in other cases, it may be carried out regardless of the time of the previous inspection.
4. If, during the tax inspection worker documentary internal revenue service establishes facts that might indicate about the violations of the tax laws of Turkmenistan, then the taxpayer may request certified copies of documents in accordance with the established procedure, which serve as evidence of such offences, or they shall be seized.
Taxpayer on-demand employee service tax shall be obliged within three days to submit copies of such documents.
Seizure of documents shall be done on the basis of the decision of conducting documentary tax inspection worker tax service. Form orders for the seizure of documents shall be approved by the main state tax service of Turkmenistan.
Seizure of documents shall be done in the presence of a legal representative of the validated legal entity the taxpayer and, in the case of checks of taxpayer-physical person in the presence of this person or his representative. About producing seizure of documents with precise indication of their report, a copy of which is handed over to the person from whom was the seizure of documents. While the taxpayer is left a copy of the seized documents.

Return of seized documents after taxpayer complaints to the tax office and court or upon the expiry of one year from the date of their retirement. Where necessary, this period may be extended by the decision of the main state tax service of Turkmenistan.
5. Based on the results of tax inspection documentary internal revenue service workers must be prepared Act of tax inspection. Act shall be drawn up not later than on the date set for its completion.
6. In the Act of tax inspection must be documented facts listed tax offences detected during the audit, or lack thereof, as well as the conclusions and proposals of Auditors on removing the revealed violations and links to articles of this code, criminalizing this type of tax offences.
The requirements for the drawing up of tax inspection report shall be established by the main state tax service of Turkmenistan.
The documentary inspection must be made aware of the legal representative of the validated legal entity the taxpayer and, in the case of checks of taxpayer-physical person-the person or his representative. Period of familiarization with the Act must not exceed three working days. The refusal to sign the Act of tax audit, an appropriate entry is made in it.
7. This article shall also apply to tax agents and other persons being documentary tax inspection.
(As amended by the Act of March 17, 2008)
 
Article 83. Decision based on the results of tax inspection 1 documentary. Act documentary tax inspection and the annexed materials of inspection examines the head (Deputy) of the tax service.
Consideration of materials check the head (Deputy head) of the internal revenue service may not exceed more than five days.
In the case of an objection, the taxpayer Act documentary tax audit is seen in the presence of a legal representative is validated by the taxpayer-legal person and, in the case of a taxpayer-physical person-in the presence of this person or his representatives.
If the taxpayer or his representatives did not show up, then act documentary presented by the taxpayer to tax audit and objections are dealt with in their absence.
2. Based on the results of consideration of the Act of tax audit head of documentary (Deputy head) of the internal revenue service makes a decision: on calling the taxpayer to account for the tax violations in accordance with articles 88-94 of the present code;
for additional control activities.
3. The decision shall be formalised by a decree drawn up in two copies on a form approved by the main state tax service of Turkmenistan. The decision comes into force from the moment of its approval by the head (Deputy) of the tax service.
One instance of the Ordinance not later than three days after the decision is handed over to the taxpayer or his representative against signature or transmitted otherwise, confirming the date of the delivery orders to the taxpayer.
Another instance of orders is stored in revenue service taxpayer checks together with the materials.
4. If an act of tax audit identified documentary facts tax offences, evidence of signs of crime, the Act of tax audit and documentary materials verification not later than ten days after their consideration the head (Deputy) of the tax service will be passed to law enforcement agencies.
5. The actual data on the tax offence contained in the Act of tax inspection, documentary information about physical, written or other evidence, other information materials, as well as data on persons held liable for such violations cannot be announced prior to the consideration of the case and make a decision.
The exception is the information transmitted in accordance with the international treaties (agreements) on mutual assistance and exchange of information in order to investigate and combat tax offences.
Violation of the established procedure equates to the disclosure of tax secrecy.
6. the procedure referred to in this article shall also apply to tax agents and other persons responsible for committing a tax offense to which penalties may be applied in accordance with articles 88-94 of the present code.
 
Article 84. Tax survey 1. To ensure the expeditious monitoring of tax liabilities tax service has the right to conduct tax examinations. Tax survey is carried out in order to: collect information on income and other objects of taxation;
studying the causes of education tax obligations;
analysis of fulfillment of tax obligations of taxpayers who use tax incentives;
the application provided for in the legislation of Turkmenistan forms and order of taxation and accounting.
2. tax survey is based on published head (his Deputy) internal revenue service regulations, which sets out the purpose and timing of the survey.

3. The results of the internal revenue service surveys are documented in help.
 
Section VII. Appeal of decisions of tax authorities, their officials and employees of Article 85. The right to appeal, the taxpayer (tax agent) has the right to appeal against the decision of the tax administration, as well as action officer and employee of the internal revenue service, committed against him.
 
Article 86. The procedure for the submission and consideration of complaints 1. Complaint on the decision of the tax administration and the actions of its officials is served by the taxpayer to a higher tax authority or in court.
Complaint to the actions of employees of the internal revenue service is served to the Chief of the service. Decision on the complaint may be lodged within one month from the date of receipt in higher tax service. In the case of non-compliance with good reason specified term may be extended by a higher tax service, upon application by the complainant.
The timing of treatment and consideration of the complaint in a Court of law shall be determined in accordance with the legislation of Turkmenistan.
2. a complaint shall be in writing and must contain the name and address of the taxpayer, its tax identification number, the date of the complaint, the appeals against the decisions and actions of the tax service, its official or employee, as well as the support of its complaint.
3. an appeal against the decision of the tax service, the officer or employee shall not suspend execution of the decision contested or action except for cases stipulated by this code.
4. Head (his Deputy) of the tax service, dealing with a complaint, if there are sufficient grounds to believe that the appealed decision or action does not comply with the legislation of Turkmenistan have the right to fully or partially suspend the contested decision or actions for the period of consideration of an appeal.
If by results of examination of the complaint previously calculated sales tax amount and applied financial sanctions, as well as surcharges are subject to change, the earlier decision, in accordance with part 2 of article 83 of this code, the Ordinance on the Act canceled checks and imposed a new Ordinance.
5. Tax Service examines and decides on the complaint not later than one month from the date of its filing. Of the decision to the taxpayer, the complainant shall be communicated in writing.
6. the appeal against the decision of the tax authorities, the actions of its officials, suspends the period of limitation for the actual period of appeal.
7. This article applies to a tax agent, as well as other authorized organs involved in tax matters, officers, and employees of these authorities.
 
Article 87. Appeal to the Court of appeal in the Court of the outcome of the internal revenue service and its officials shall be in accordance with the legislation of Turkmenistan.
If by results of examination of the complaint by the Court decision, in accordance with the previously calculated sales tax amount and applied financial sanctions, as well as surcharges are subject to change, the wound has been adopted in accordance with part 2 of article 83 of this code, the Ordinance on the Act canceled checks and imposed a new Ordinance.
 
Section VIII. Financial sanctions for tax violations Article 88. Application of financial sanctions for tax offenses 1. Tax offence is guilty of an unlawful act of the subject of tax relations, for which the liability established by this code.
2. Tax offence entails financial sanctions established under articles 89-94 of the present code. Financial sanctions are the internal revenue service.
3. Imposed financial sanctions shall be paid within five days from the date of delivery of the order.
Payment imposed financial sanctions is made after tax.
4. Individual committing a tax offense, may be imposed financial sanctions from the age of 16.
5. The tax violations committed because of wrongful acts (inaction), written instructions, decisions and explanations of authorized bodies involved in tax matters within their authority, does not entail the imposition of financial sanctions.
Financial sanctions are not applied in cases of non-payment of tax by the taxpayer when the wrong tax calculation by the notified body involved in tax matters.
Financial sanctions are not applied in cases of non-payment of tax by tax agents-budgetary organizations: in respect of taxes on income of individuals provided for in the estimates of budgetary financing;
with respect to taxes on income (revenue) of legal persons, with payments made at the expense of the State budget of Turkmenistan or Monetary reserve of the Government of Turkmenistan, as well as the funds received within the framework of projects and programmes of international humanitarian, financial, technical assistance and loans (loans) provided by Turkmenistan to foreign States, international organizations, other persons. (Turkmenistan law dated 18.04.2009 g. provides that additions and changes to the second part of article 70, part of the fifth article 88, in the first part of article 162 of the tax code of Turkmenistan shall apply for the period from November 1, 2004).

6. financial penalties may be imposed for violations of tax legislation committed in a period of no more than five fiscal years preceding the year in which the head of the tax service of the decision on their application.
7. At the appeal established by the internal revenue service (customs service) of the amount of tax to pay the duty imposed financial sanctions should be executed by the taxpayer (a tax agent) on the undisputed amount of financial sanctions. The contested amount of financial sanctions not paid during the period of consideration of an appeal in the tax court and service, but no more than six months from the date of their application.
When the internal revenue service (Customs) may require the taxpayer pledge (money) or surety in respect of the contested amount of financial sanctions. If you cannot fulfill these requirements by the taxpayer obligation to pay financial penalties should be executed by him and the amount that is being contested.
8. adjustment of the fixed amount of tax changes imposed earlier in respect of the amount of tax the financial sanctions.
(As amended by the Act of March 17, 2008)
 
Article 89. Financial sanctions for an understatement of tax 1. Understatement of amounts calculated tax arising as a consequence of the taxpayer's tax base reduction and other misconduct on the calculation of the tax, the taxpayer incurs financial sanctions in the amount of 40 per cent from the low amount of tax paid to the State budget of Turkmenistan.
The amount of the tax to which deflated applied financial sanctions, is unnecessarily made the tax amounts from the date established for the payment of tax before the date of the detection of such a breach.
When you have too made amounts for other types of taxes, they can also be taken in low income tax reduction to which the financial sanction is applied.
Understatement of amounts calculated tax shall be deemed to have been committed on the day fixed for the filing of a tax return.
2. To be compensated from the budget tax amounts arising from unlawful acts by the taxpayer, apply the financial sanctions imposed by part 1 of this article.
3. For the purposes of this article the amount of tax understatement is considered a failure by the taxpayer in the tax declaration period longer than 90 days from the date stipulated by this code, the time-limit for its filing.
(As amended by the Act of March 17, 2008)
 
Article 90. Financial sanctions for failure to comply with the obligation to withhold tax agent and failure of tax payable tax agent entrusted to him by this code, duties on transfer to the State budget of Turkmenistan tax amount to be recoverable from the taxpayer-is fined by the tax agent of financial sanctions in the amount of 40 per cent of the amount subject to withholding and transfer.
(As amended by the Act of March 17, 2008)
 
Article 91. Financial sanctions for violation of the taxpayer (tax agent) imposed the ban on the right to dispose of property Violation by the taxpayer (a tax agent) the ban on the right of disposal, which levied the tax-is fined by the taxpayer (a tax agent) financial sanctions in the amount of 50 per cent of the fair market value of such property.
 
Article 92. Financial sanctions for failure to comply with the obligation to report on opening of account in the Bank Failure Bank agency acting to inform on opening accounts for individuals-private entrepreneurs and legal entities (their separate units) to the tax office, entails the establishment of bank financial sanctions in the amount of 10 per cent of all funds transferred to these accounts.
 
Article 93. Financial sanctions for failure to comply with decisions of the Bank tax service agency to suspend transactions in the taxpayer's holding of agency accounts bank debit transactions on the accounts of individuals and legal entities (their standalone subdivisions) in violation of the internal revenue service to suspend its operations accounts, entails the establishment of bank financial sanctions in the amount of 10% of the amount of all funds deducted from these accounts.
 
Article 94. Financial sanctions for violation of the order of taxpayer funds Crediting institution Bank funds on production realization (goods, works, services), bypassing the account of a taxpayer (a tax agent), on its loan, deposit or other account, as well as to other taxpayers, entails the establishment of bank financial sanctions in the amount of 10 per cent of the amount of credited funds.
(As amended by the Act of March 17, 2008 and from May 23, 2015-statements of the Mejlis of Turkmenistan, 2015, no. 2, p. 71) part II Chapter 1. Value added tax Article 95. Value-added tax payers 1. Value-added tax payers are legal entities and individuals-entrepreneurs when making them taxable transactions referred to in article 96 of this code.
2. value-added tax Payers are not: the Central Bank of Turkmenistan;

persons who are contractors and subcontractors in accordance with the Turkmenistan law "on hydrocarbon resources". When making such persons taxable transactions not related to oil works, they are subject to part 1 of this article;
legal persons of private ownership;
individual entrepreneurs on the activities covered by the simplified system of the taxation.
(As amended by the law of Turkmenistan dated October 1, 2007 and April 18, 2009-statements of the Mejlis of Turkmenistan, 2007, no. 4, p. 68; 2009 г., no. 2, p. 41) Article 96. The object of taxation 1. The object of taxation of value added tax are taxable transactions by taxpayers on the territory of Turkmenistan in accordance with articles 98 and 99 of this code.
2. Taxable transactions are: sales of goods, works and services, as well as the transfer of property rights;
execution of construction and installation works for its own needs. This does not include the work only with installation and/or installation of purchased or manufactured equipment, as well as its repair;
compensation for damages in case of theft or damage to the goods from the perpetrators, as well as indemnity;
use of goods, works and services for own consumption, if the costs are not included in the deductions taken for the calculation of tax on profit (income) (including depreciation).
3. Taxable transactions not recognized: a) treatment of currency, money, banknotes that are legal tender, if such operations are not the purposes of numismatics, not associated with the implementation of currency, to concoct its legal person commissioned by the Central Bank of Turkmenistan, are not the subject services for the storage, collection of currency;
b) securities (disposition of equity rights in the enterprise), in addition to brokerage and intermediary services; disbursement of loan (loans) and interest thereon;
in) donation of: fixed assets, intangible assets and (or) other assets of the legal person, his legal successor (successors) in the reorganization of the legal person;
social and industrial objects (houses, holiday houses, mills, factories and other such objects) by a decision of the authorities, local executive bodies and local self-government;
goods (royalty-free implementation of works and provision of services) charitable organizations;
goods (royalty-free implementation of works and provision of services) as a humanitarian and (or) charity;
g) alienation of property: located on a plot of land to be seized by a decision of the authorities, local executive bodies and local governments for State or public needs or because of improper land use, cultural values;
as a result, requisition, seizure or transfer of ownership of the inherited property, and the State abandoned property or hoards;
d) sales of goods, works and services in the framework of international projects and programmes of humanitarian, financial and technical assistance and loans (loans) granted Turkmenistan foreign States or international organizations or individuals. Specified refers to persons: authorized foreign States, international organizations or individuals to carry out such realization of goods (works, services);
established as the recipients of such aid and loans (loans);
are suppliers (performing work and providing services) under contract with authorized persons referred to above and the recipients of such aid and loans (loans), the payment of which is made at the expense of those funds;
e) sales of goods, works and services nepredprinimatel′skimi legal entities is not for profit;
f) works (services) State authorities, local executive bodies and local governments within their exclusive authority in a particular area of activity, in case it is mandatory condition of the works (provision of services) is fixed by the legislation of Turkmenistan. Specified, inter alia, includes the State fire service, customs services, certification of goods (works, services), other similar works and services;
w) initial assignment of claim arising from the contract of sale of goods (works, services), or move the specified requirements for another person on the basis of the law.
and transfer of property) as a contribution to the share capital of other legal entities and associations.

to its attached implementation) institutions and enterprises of goods purchased on the basis of foreign trade contracts concluded by bodies of State power and management for profit. (II. Addition, brought in part three of article 96 of the tax code of Turkmenistan, shall apply in respect of operations to implement its subordinate institutions and enterprises of goods purchased on the basis of foreign trade contracts concluded by bodies of State power and management for profit conducted prior to the enactment of this Act.-the Turkmenistan law dated 08.11.2014 № 148-V).
4. For the purposes of this code, the goods recognizes property sold or intended for sale. Electric and thermal energy, gas and water are treated as a commodity.
(As amended by the law of Turkmenistan on March 17, 2007, March 17, 2008, April 18, 2009 г., May 10, 2010 and November 8, 2014-statements of the Mejlis of Turkmenistan, 2007, no. 1, p. 24; 2010 г., no. 2, p. 34, 2014, no. 4, p. 149) Article 97. The definition of the sale of goods, performance of works and provision of services 1. Under the implementation of goods refers to the transfer of ownership (navigates) from one person to another as a result of their purchase and sale (supply), Exchange, donation (donation) or other forms of transmission (transition) ownership. Specified applies to the return operations prior to the goods on which transfer of ownership took place.
2. work refers to activities which are material expression and can be implemented to meet the needs of individuals and legal entities.
3. Under the provision of services refers to activities, the results of which are sold and consumed in the process of its implementation. Services leasing services are also recognized, the implementation of (transfer) of intangible assets, lease or concession assets.
4. transfer of goods, works and services for its employees admit the realization of goods, performance of works and provision of services.
5. for the purposes of calculating the value added tax for the transfer of property rights provisions established for the realization of goods (works, services), unless this Code provides otherwise.
6. Sales of goods, works and services, which are complementary to the basic operations (taxable or non) are treated as part of the operation.
Is bearing the complementary provision in contracts for works (services) delivery of equipment, raw materials, materials and other property used in carrying out such works (services).
Are not wearing the subsidiary nature of the envisaged foreign trade contracts for the supply or sale of goods, performance of works and provision of services, the place where, in accordance with article 99 of this code is the territory of Turkmenistan.
7. Loss of goods beyond the norms of attrition recognizes the sale of goods, if there is no official confirmation that the goods stolen or defaced. Specified applies to goods with expired shelf life if there is no documentary evidence of their utilization and the same rules apply as with tax shortfalls of goods.
 (As amended by the law of Turkmenistan on March 17, 2008 and April 18, 2009-Statements of the Mejlis of Turkmenistan, 2009 г., no. 2, p. 41) article 98. Place sales Spot sales is the place: where the goods at the time of their delivery to the buyer, unless they are shipped and are not transported;
where the goods at the time of the commencement of their shipment or transportation if they are shipped or transported by the supplier, the recipient or any other person;
mounting, installation or Assembly of goods, though they may not be on technical, technological or otherwise delivered to the recipient, except in a dismantled or unassembled form, Assembly, installation or their Assembly produced by the supplier of those goods or on his behalf.
 
Article 99. Place of execution of works, rendering services 1. Place of execution of works, rendering services, except for specified in parts 2 and 3 of this article, recognized the place of incorporation of the legal person or the location of its branch or representative office (permanent establishment), and for individual entrepreneurs-a place of permanent residence or fixed place of business through which the work or services provided.
Under constant spot activity refers to a permanent place on the territory of Turkmenistan, through which the individual entrepreneur operates in whole or in part, and is defined in relation to the provisions on the definition of the permanent representation of the legal person, in accordance with article 18 of this code.
2. the place of execution of works, rendering services for: (a)) and services related to real estate, location of the property. Specified, inter alia, includes the construction, installation, construction, repair, restoration, rental services;
b) services related to movable property (except lease, place the actual conduct of such works, implementation services. This includes, inter alia, unloading, loading, installation, Assembly, processing, handling, repair and maintenance;

in) services in the field of culture, art, education, physical education or sports-place the actual implementation of such services.
3. the place of delivery of the following services shall be the place of establishment of the legal person or the location of its branch, Office, or place of permanent residence or fixed place of business a sole proprietorship which provides services: a) on the transfer, granting of patents, licenses, trademarks, copyrights or similar rights;
b) reklame;
in) consulting, legal, accounting, auditing, engineering and management services, data processing and the provision of information, the conduct of exploration. Engineering services include, inter alia, engineering and consulting services, pre-project and project services (feasibility studies, engineering design and similar services);
g) financial, banking, insurance, including reinsurance, with the exception of rental of safes;
d) manpower;
e) rendered by an agent acting on behalf of and for the account of another person if they provide services to the person referred to in this part;
f) on lease of movable tangible property, with the exception of railway transport legal entities whose main activity is providing transport services;
w) rendering of services (works) on the development of computer programs and databases (information products, software and computing technology), their adaptation and modification.
(As amended by the Act of March 17, 2008)
 
Article 100. Tax base 1. Tax base when carrying out taxable transactions, except from the application state of fixed prices (tariffs) is a value determined on the basis of the prices (tariff) goods (works, services), which receives or is entitled to obtain the taxpayer from any other person, does not include an amount of value added tax.
Tax base when making taxable operation using State-fixed prices (tariffs) is a value determined on the basis of the prices (tariff) goods (works, services), which receives or is entitled to obtain the taxpayer from any other person which includes the amount of value-added tax.
While the price of excise goods excise amount is included.
2. the tax base also includes amounts received from persons involved in the indemnity for the damage in case of theft or damage to the goods, as well as the sum of insurance compensation.
The provisions of this part apply only in respect of goods that were subject to taxation in accordance with article 96 of this code and not exempted from tax in accordance with article 106 of the present code.
3. cost of goods (works, services), as well as the amount of money that you want to include in the tax base in foreign currency recalculated in manats at the official rate of the Central Bank of Turkmenistan at the date of the taxable operation and for payment referred to in the second part of article 108 of this code, from which withholding tax is the tax agent, is produced at the official rate of the Central Bank of Turkmenistan on the date of payment.
4. The tax base for the respective tax period is defined as the sum of the tax bases on all taxable transactions committed in the fiscal period (in view of the amounts specified in part 2 of this article), as determined in accordance with this article and article 101 of this code shall be reduced by the amount of the tax base for taxable transactions referred to in article 106 of this code, in the same tax period.
In cases where, in accordance with article 103 of this Code apply different tax rates, the tax base is determined separately for each type of transactions taxable at different rates.
5. when transferring property rights tax base shall be determined in the manner prescribed by this article, and taking into account the peculiarities stipulated by article 101 of this code.
(As amended by the Act of March 17, 2008 and April 18, 2009-statements of the Mejlis of Turkmenistan, 2009 г., no. 2, p. 41) Article 101. The definition of the tax base for individual taxable operations 1. For the purposes of determining the tax base the price of goods (works, services) subject to the provisions of article 36 of the present code.
2. The tax base with the donation of goods (execution of works, rendering services) is determined on the basis of the prices for such goods (works, services), which are used by the taxpayer in the regular fee for their realization.
With the donation of second-hand fixed assets tax base is determined by the residual value.
3. If the parties to the transaction is not defined the value of goods (works, services), the tax base is determined on the basis of the prices for such goods (works, services), which are used by the taxpayer in a typical of their realization.
When neèkvivalentnom Exchange in taxable turnover includes any amount of surcharges to the cost of goods (works, services).

4. when using the goods, execution of works, rendering services for own consumption, if the costs are not included in the deductions taken for the calculation of tax on profit (income) tax base is determined on the basis of the prices for such goods (works, services), which are used by the taxpayer in the regular fee for their realization.
5. in the performance of civil and erection works for own consumption tax base is defined as the amount of work completed, calculated on the basis of all of the taxpayer's actual costs to implement them.
6. The tax base when implementing mediation, contractual services and the Commission is defined as the amount of money received in the form of remuneration, fees and (or) other payments for these services.
Tax base when carrying out taxable transactions (except for export), except from the application state of fixed prices (tariffs) for enterprises and State-owned enterprises of consumer cooperation in carrying out wholesale and retail trade (including the implementation of supply chain and procurement activities) and individual such as well as trading operations is the trading margin, not including the amount of value-added tax.
Tax base when making such persons a taxable operation using State-fixed prices (tariffs) is a trade mark-up, which includes the amount of value-added tax.
7. Tax base when implementing services for manufacturing goods from raw materials (materials) is defined as the cost of their treatment (processing).
Customer-furnished raw materials (materials) are the goods passed to the third party by the customer for handling or processing (paid by customer) and receive a certain amount of semi-finished or finished goods from the raw material. Under contracts for processing or processing of raw materials (tolling operations) as payment for services rendered, the customer may transfer part derived from this raw material (materials) semi-finished products or finished products, which is equivalent to the cost of such services.
Specified applies to the fulfilment of the contractual works customer owned materials acquired from the contractor not.
8. in carrying out the works, services, prices or rates that are set to include the cost of the materials used and (or) spare parts, the tax base is defined as the cost of such works or services without the inclusion of value-added tax. The cost of materials used and spare parts included costs of purchase excluding value-added tax paid when purchasing and trading allowances to it (without VAT) as determined by the person who performs the work of providing services.
During the work, services, prices and tariffs that are installed without including the cost of the materials used and (or) spare parts, provided that these spare parts or materials are to be paid by the buyer of the works or services separately, the tax base is determined as the sum of the cost of and paid works and services, the cost of materials and spare parts sold to the buyer works or services, without including the value added tax.
9. the tax base does not include the cost of packaging, repayable by the recipient of the goods.
10. When carrying out operations involving the pledge, the tax base shall be determined in the manner prescribed by part 1 of article 100 of the present code.
11. When selling goods and other property of the legal person being liquidated (branch or representative office of a legal person-non-resident of Turkmenistan) or cessation of activity of an individual entrepreneur the tax base is determined on the basis of actual taxpayer applied sale prices for these goods and property, but not below the acquisition price-on goods and the residual value is for fixed assets and intangible assets.
12. Tax base on realizable goods, performed works and rendered services on which established preferential prices (tariffs, prices) is determined by taking into account such benefits. Specified applies to the free release of goods and services to the population in accordance with the legislation of Turkmenistan.
Tax base on realizable goods, performed works and rendered services for budgetary organizations and authorities, local executive bodies and local self-government, as well as implemented to address these bodies is determined on the basis of actual prices, including when this is free of charge. This does not apply to the donation of objects of social and industrial purposes upon decision of the authorities, local executive bodies and local governments.
13. in the product shortfalls beyond the norms of attrition, if there is no official confirmation that the goods stolen or defaced, the tax base shall be determined in the manner prescribed by part 2 of this article.
14. The tax base of the accounting period shall be subject to a reduction in the amount of funds to be transferred to the Monetary reserve of the Government of Turkmenistan in the same reporting period.

15. When the assignment of a claim arising from the contract of sale of goods (works, services), taxable, or move the specified requirements for another person on the basis of the law of the tax base of operations for these goods (works, services) shall be determined in the manner prescribed by article 100 of the present code. When implementing the requirements of the new creditor the tax base is defined as the excess amounts of income received during the subsequent assignment requirements or termination of the relevant obligation, over the amount of the cost of this requirement.
(As amended by the law of Turkmenistan on June 12, 2007, March 17, 2008, April 18, 2009, May 10, 2010, 2011, May 21, 2011 and August 18, 2015-statements of the Mejlis of Turkmenistan, 2007, no. 2, article 48; 2009 г., no. 2, p. 41; 2010 г., no. 2, p. 34; 2011, no. 2, p. 45) Article 102. The adjustment of the tax base, the tax base shall be adjusted in cases stipulated by article 35 of the present code.
 
Article 103. The rate of value added tax value added tax Rate is set at the amount: 0 (zero) percent-in respect of the taxable transactions referred to in article 105 of the present code;
15 per cent against other taxable operations.
With the sale of goods, performance of work, providing services at fixed State prices applicable rate determined design method as a percentage of the respective rates of this tax rate increased by 100. Rate, which is measured by the current method is applied in cases where the tax is calculated by the tax authority on the basis of real market price determined in accordance with article 36 of the present code and includes value added tax.
(As amended by the law of Turkmenistan on April 18, 2009-statements of the Mejlis of Turkmenistan, 2009 г., no. 2, p. 41) Article 104. Tax and accounting periods 1. Tax and reporting periods on value added tax for legal entities and individuals that are members of the partnership if it includes at least one legal entity equal to calendar month.
2. the tax period for value added tax shall be established for individual entrepreneurs and individuals belonging to the Association, if it does not include legal persons, equal to the calendar year and periods-from 1 month January to 30 June and from month 1 month July 31 of the month December.
 
Article 105. Taxable transactions, in respect of which the zero interest rate of 0 (zero) percent applies to the following transactions: sales of exports of goods produced and acquired, except for natural (associated) gas, oil, products of their processing. The export of goods for the purposes of taxation refers to the export of goods outside the Turkmenistan confirmed fact in the prescribed manner of crossing of the customs border of Turkmenistan;
rendering of services on implementation of international transport of passengers and goods by physical and legal persons. When this are not international transport services in the transport of vehicles, where the place of departure and destination are within the territory of Turkmenistan, even if the vehicle when carrying out such transport is beyond the territory of Turkmenistan;
Implementation of its textile products manufacturers of individual entrepreneurs and legal entities resident of Turkmenistan directly engaged in the export of goods (products). The export of goods (products) refers to goods (products) exported outside Turkmenistan confirmed in the prescribed form on the intersection of these goods (products) of the customs border of Turkmenistan; (Resumed from September 1, 2015 years fourth paragraph of article 105 of the tax code of Turkmenistan, which, in accordance with the Turkmenistan law dated January 28, 2014 year "on additions to the tax code of Turkmenistan" was limited to the period prior to December 31, 2014 years.-the Turkmenistan law dated 18.08.2015 № 277-V).
services for transportation, loading, unloading, transshipment of exported goods as well as services for the transit of foreign goods through the territory of Turkmenistan;
services associated with fueling foreign ships and aircraft used for international freight and passenger transport, and their services (including aeronautical, takeoff and landing), as well as sales of goods, provided for consumption by the crew and passengers for such transport;
realization of goods placed under customs regime of duty-free shop;
sales of goods, performance of works and provision of services intended for official use by foreign diplomatic and equated to diplomatic representative offices, international organizations;
sales of goods, performance of works and provision of services for which payment is made at the expense of Monetary reserve of the Government of Turkmenistan;

sales of goods, performance of works and provision of services in order to carry out petroleum operations for persons who are contractors and subcontractors in accordance with the Turkmenistan law "on hydrocarbon resources", for the purposes of the discharge of oil artwork. This does not apply if such goods (works, services) are intended solely for other activities than do petroleum operations; in advance cannot be determined with certainty what the activities of these goods (works, services) will be used in subsequent; such goods (works, services) are intended and are to be used both for running oil works and other activities, and it does not seem possible to their separation. About this, such persons are required to advance, i.e. before issuing (statements) invoices shall be communicated to the supplier or other counterparty;
sale of agricultural products of own production.
(As amended by the law of Turkmenistan on June 12, 2007, March 17, 2008 and January 28, 2014-statements of the Mejlis of Turkmenistan, 2007, no. 2, article 48; 2014, no. 1, p. 24) article 106. Benefits for taxable transactions

 
1. Value added tax not paid when the following taxable transactions: urban public passenger transport (except taxis, including route), as well as passenger services in suburban River, railway or road;
services and work to be performed without additional charge, for repair and maintenance of the goods during the warranty period of their operation, including the cost of spare parts and components;
sale of medicines, medicines, disinfectants, medical products, medical equipment, prosthetic and orthotic devices and special vehicles for the disabled;
veterinary and sanitary-and-epidemiologic service;
health services, Denture (not nelečebnogo cosmetic services exempt from value added tax);
care for the sick, disabled and elderly, rehabilitation services for persons with disabilities;
services in the education system;
Circus services;
ritual and other related services as well as services for the production of monuments, restoration of burial places;
services religious organizations, including the holding of rituals and ceremonies, as well as the realization of objects of worship and for religious purposes;
implementation of educational-products manufacturing enterprises Association of the blind and the deaf and other public organizations of disabled persons;
implementation of correctional facilities and their industrial enterprises produced goods;
insurance and reinsurance services provided by insurance companies;
realization of agricultural enterprises of products of processing of their agricultural products, except products of butter;
realization of products of processing of raw cotton (cotton fiber, cotton seeds, Linter, uluk, Pooh, waste);
implementation of seeds; cocoons of Silkworm and Mulberry Silkworm and breeding services; mineral fertilizers; herbicides, pesticides, and other tools designed to protect plants; water supply services for the acreage of agricultural producers for onfarm irrigation system and drainage water drainage system in the economic, as well as mechanical services for the production and collection of agricultural products;
sales of goods (except excise goods) relating to food (food), and such goods used in manufacturing, preparation and processing of food products; animal feed;
sales of public catering;
implementation of saraja wool of spring haircuts and yarn from this wool, as well as implementation services for washing (including cleaning and sorting) this wool and yarn production (including coloring) from this wool;
realization of carpets and rugs are handmade;
implementation of State-owned enterprises produced their rechargeable products; (Made by Supplement comes into force from the day of official publication and acts on December 31, 2018 year inclusive-Turkmenistan law dated 21.11.2015 № 312-V).
survey work on the transfer of land to private ownership;
construction and civil and erection works on erection of objects intended for: storage of grain crops; manufacture of products of flour-grinding industry, starchy products; production of bread and pastre products; manufacture of rusks and biscuits, the production of pies and cakes with extended safety; production of pasta; the production of baby food and dietary food products; pharmaceutical production; human health activities; veterinary activities;
the execution of works and provision of services related to the construction and erection of a complex of monuments and the construction of its infrastructure;
implementation of works and provision of services related to the construction and erection of high-speed highways of international level and the erection of their infrastructure to be built on the basis of the decisions of the Government of Turkmenistan;

housing and utilities and maintenance services provided to the public (including rent), as well as outdoor lighting of streets, parks, squares, etc.;
research and development work done at the expense of the State budget of Turkmenistan;
promotional transfer of goods (works, services), the cost of acquisition (creating) units not exceeding 0.4 magnitude minimum wage established in Turkmenistan;
the holding of lotteries, gambling and money games (gaming);
works and services, as well as the supply of goods related to the construction of new facilities for reception of tourists and their infrastructure in the national tourist areas or outside them, exclusively for purposes of national tourist zones.
Allowance is provided to the following persons: (a) carrying out the work specified) account;
b) are contractors in carrying out work inclusively;
in performing certain types of work), providing services and carrying out the supply of goods (raw materials, is installed on the specified objects equipment) used to carry out such work persons referred to in paragraphs "a" and "b";
enrollment services, including accommodation, catering, provision of individual household and medical and health services, the Organization of entertainment (except gambling) and other tourist services on the territory of national tourist zones, as well as services related to the management and operation of the tourist industry on the territory of national tourist zones. These benefits are also provided to persons in the prescribed manner the status of subjects of national tourist zones, and in the provision of such services outside the territory of the national tourist zones;
performance of works on construction of dwelling houses by order of individuals and realization of finished houses and apartments to individuals, including through privatization;
leasing operations carried out by legal entities-residents of Turkmenistan on the machines, tractors, machinery and equipment to be used in agriculture;
implementing a trading house, established in the territory of Turkmenistan on the basis of an international treaty or agreement signed by Turkmenistan with a foreign State, goods produced in the State agreement. This allowance can be applied in the case of the same benefits of Turkmenistan Trade House opened in the State agreement.
Benefits established by this part, shall not apply in respect of goods (works, services) for which the tax rate established under section 105 of the present code.
Implementation of manufacturers of textile products to the bodies designated in accordance with the legislation of Turkmenistan to export goods (products) in the border areas through the trading stations and (or) directly. The export of goods refers to goods exported outside Turkmenistan confirmed in the prescribed form on the intersection of these goods (products) of the customs border of Turkmenistan.
2. Value added tax is not paid on the goods (with the exception of excise), works and services, which (committed taxable operations) are as follows: investment funds;
businesses public associations of persons with disabilities;
educational institutions.
3. Realization of goods, performance of works and provision of services intended for private use by diplomatic or administrative and technical personnel of diplomatic and equated to diplomatic representative offices, international organizations, including the living with their family members shall be exercised with a value-added tax. The amount of tax refunded to them by the financial authorities in the presence of product (cash) checks to substantiate these expenses as prescribed by the Ministry of Finance of Turkmenistan.
(As amended by the law of Turkmenistan on May 10, September 25, 2010, March 31, 2012, August 4, 2012, May 4, 2013, August 16, 2014, August 18 and November 8, 2014 November 21, 2015-statements of the Mejlis of Turkmenistan, 2010 г., no. 2, p. 34, no. 3, art. 64; 2012 g., no. 1, art. 48; 2012 g., no. 1, art. 48; 2013 g. No. 2, art. 26; 2014 g., no. 3, art. 112; No. 4, p. 149; 2015, no. _ calendar _; No. _ art. _) Article 107. The amount of value added tax made payable to buyers (customers, consumers) 1. When carrying out taxable transactions on realization of goods (works, services) taxpayer acting as seller or contractor must provide for payment to the buyer (customer customer) the amount of value added tax, which the buyer (customer customer) must pay together with payment of the goods (works, services).
Payment of value-added tax by the purchaser (the customer, consumer) shall not be made in cases where the buyer (customer customer) as a tax agent to deduct the tax in accordance with part 2 of article 108 of this code.

2. The amount of value added tax, made payable to the buyer (customer customer) at realization of goods (works, services), shall be calculated as the product of the tax base determined in accordance with part 1 of article 100 of the present Code (and for State-owned enterprises and enterprises of consumer cooperation in carrying out wholesale and retail trade (including the implementation of supply-supply and procurement activities) subject to the provisions of part 6 of article 101 of this code) and the corresponding tax rate established by article 103 of this code.
3. payment documents corresponding to the amount of value added tax is allocated on a separate line.
When the realization of goods (works, services) to the public at retail prices or tariffs for products and price lists issued by the sellers, the appropriate amount of tax is not allocated.
4. the taxpayer, making taxable operations must subscribe to the recipient of goods, works or services invoice of the established sample. An invoice is issued in two copies, the first of which shall be presented to the buyer (customer customer), and the second remains in the drawer of his face.
Invoice shall be issued not later than five days from the date of the shipment of goods, performance of work and the provision of services, unless otherwise provided for in this article. Taxpayers engaged in the implementation of electricity, gas, water, telecommunications, utilities, is entitled to issue an invoice not later than the fifth day of the month following the month in which the shipment is made of the goods (works, services).
Form invoices are set by the Ministry of Finance of Turkmenistan. Specified applies to the realization of goods (works, services) that is not a taxable operation in accordance with part 3 of the article 96 of this code.
5. When carrying out taxable transactions, to be freed from the value-added tax, an invoice is issued without allocating the amount of value-added tax and it makes the corresponding label or stamp "Without value-added tax.
6. As invoices are also cheques (vouchers) for the purchase of goods (works, services) issued by persons engaged in trade or services, and must indicate the total cost of the goods (works, services) and included in it the amount of value-added tax. In the absence of specific data they should be reflected in the attached cheque (card) account, filled in the prescribed manner.
When purchasing goods in State-owned enterprises and enterprises of consumer cooperatives, retail buyer may require checkout invoice, which must be indicated separately the amount of value added tax, paid to the wholesalers and retailers (including supply and distribution and procurement) when purchasing the goods and the trade mark.
In cases laid down by the Ministry of Finance of Turkmenistan, as invoices can also serve and other documents have the established form and meeting the requirements for invoices.
(As amended by the Act of March 17, 2008)
 
Article 108. Calculation of the amount of value added tax payable to the State budget of Turkmenistan 1. Calculation of the amount of value added tax payable to the State budget of Turkmenistan is carried out: the taxpayer alone, except in the cases referred to in the first subparagraph of part 2 and part 3 of this article, when carrying out taxable transactions;
tax agent-in the cases referred to in paragraph 1 of section 2 of this article;
Internal Revenue Service-in the cases referred to in part 3 of this article.
2. If the foreign legal person or a foreign physical person-entrepreneur commits taxable operations in the territory of Turkmenistan and is not on the tax account, the amount of value added tax shall be calculated and withheld tax agent paying the cost of purchased goods (works, services). The specified is used in the case of the sale of goods under a contract order (Commission) when withholding agents should be made by a person (Commissioner) of the amounts due and payable to the principal (the Commissioner),-the foreign legal person or a foreign individual entrepreneur. The sum of the value added tax is deducted from the funds payable to that foreign legal person or a foreign individual entrepreneur with each payment. Payment of the termination requirements shall be recognized in any form. No tax is withheld by the person paying for the cost of the purchased goods (works, services) when presenting him a foreign legal or natural person of a document stating its a tax registration in Turkmenistan.

Tax agent in this case recognizes the legal person-resident of Turkmenistan, a natural person-entrepreneur, consisting of tax accounting in Turkmenistan, paying the cost of the acquired goods (works, services), as well as foreign legal person carrying out the activity on the territory of Turkmenistan through a branch, representative office or Permanent Mission, which pays (including abroad) the cost of purchased goods (works, services).
If the calculation and deduction of value-added tax by the tax agent are not possible or no person shall be recognized as a tax agent, is a foreign legal person (or foreign natural person-individual entrepreneur) is obliged to embark on tax accounting in the relevant tax service and perform the obligation to pay the tax themselves.
3. The amount of value added tax to taxable transactions, if any, payable to the State budget of Turkmenistan individual entrepreneur and a partnership, if it does not include legal persons, tax is calculated on the basis of the information provided in their tax return.
4. The amount of value added tax payable to the State budget of Turkmenistan, shall be calculated as the sum of the tax on all taxable transactions occurred in the tax period, less the amount of tax to be credited in the same period, in accordance with article 110 of the present code.
The amount of tax on taxable transactions, subject to the same tax rates shall be determined by multiplying the tax base for such taxable operations, estimated in accordance with part 4 of article 100 and article 101 of the present Code, the appropriate tax rate laid down in article 103 of this code.
Assignment of taxable transactions for the corresponding taxable period shall be in accordance with article 109 of this code, depending on the moment of its perpetration.
Paragraph four of article 108 of the Act excluded 21.05.2011 No. 201-IV.
5. The amount of value added tax payable to the State budget of Turkmenistan and held by foreign legal entities and individual entrepreneurs, indicated in paragraph 2 of this article shall be calculated as the product of the tax base for each perfect in the territory of Turkmenistan of taxable operations, defined in accordance with articles 100 and 101 of this code, taking into account the benefits laid down by article 106 of the present Code, the appropriate tax rate established by article 103 of this code.
6. If the amount of value added tax to be credited for any tax period exceeds the amount of the value added tax calculated in accordance with this article, in the same period, the amount of such exceedance shall be returned or credited at the expense of other receivable from taxpayers amounts of payments to the State budget of Turkmenistan in accordance with article 49 of this code.
(As amended by the law of Turkmenistan on March 17, 2008, May 10, 2010 and May 21, 2011-statements of the Mejlis of Turkmenistan, 2010 г., no. 2, p. 34; 2011, no. 2, p. 45) Article 109. The period in which the taxable operation shall be deemed effected 1. The taxable operation shall be considered made in the reporting (tax) period when the goods shipped (transferred), the work performed and delivered to the customer (including staggered) and services are completed, unless otherwise stipulated by this article.
Shipment of the goods (transfer) is considered to be produced, work performed, and the service is provided, if the taxpayer has complied with all the obligations arising from the transaction or contract obligations, and the corresponding amount is subject to unconditional pay (refundable) upon him, even if satisfaction of this right, or payments are made in parts.
Taxable operations under long-term contracts for works and services deemed to be committed in each accounting (tax) period in accordance with their actual performance on the last day of each reporting period.
Under long-term contracts for the purposes of this article, means any contracts that have not been completed within three months. Contracts for sale of goods specified applicable on goods, production cycle manufacturing unit which has not been completed within three months.
2. in establishing a goods shortage over the norms of attrition, recognized the implementation of goods in accordance with part 7 of article 97 of the present Code, the taxable operation shall be considered made in the reporting (tax) period, when it was revealed.
3. Taxable transactions on performance of civil and erection works for their own needs shall be considered perfect in the reporting (tax) period, when they have been completed or started the exploitation of the object.
4. If reparation guilty persons caused damage in connection with the theft of or damage to goods, obtaining insurance compensation taxable operations are considered to be committed in the reporting (tax) period when received such compensation.
5. when using the goods (works, services) for their own consumption are considered taxable operations carried out in the reporting (tax) period in which goods are transferred in use (consumption), work or services completed.

6. Taxable transactions for the implementation of the contractors in the 2011 year of building and construction works on erection of objects subject to surrender to the 20-th anniversary of independence of Turkmenistan, according to the list, established by the Cabinet of Ministers of Turkmenistan shall be deemed to be committed in the reporting (tax) period in which work is performed and delivered to the customer (the number in stages), and for which payment is made prior to December 31, 2011 inclusive.
The present Appendix shall enter into force from January 1, 2011 year and lasts until December 31, 2011 inclusive.
(As amended by the law of Turkmenistan on March 17, 2008 and February 4, 2011-Statements of the Mejlis of Turkmenistan, 2011, no. 1, art. 5) article 110. Calculation of the amount of qualifying tax 1. Amount of qualifying value-added tax is the amount of tax paid by the taxpayer to providers of goods (works, services) in the fiscal period, unless otherwise provided for in this article. While the value-added tax is made on purchased goods (including fixed assets assets under construction or intangible assets), works and services for the implementation of the taxable transactions referred to in articles 96 and 97 of the present Code, even if they are not included in the deductions taken for the calculation of tax on profit (income).
Credit is subject to the amount of value added tax calculated by the taxpayer when carrying out construction works for their own needs, with follow-up of objects on which such works were carried out.
Amount of qualifying value-added tax when implemented and transporting electricity are tax claims taxpayers suppliers of goods (works, services) in the respective tax period.
2. the grounds for set-off the amount of value added tax, paid to suppliers of goods (works, services) are invoice, vypisyvaemaâ in accordance with article 107 of the present Code, and documents confirming payment (payments) with suppliers and contractors.
When implemented and transporting electricity grounds for set-off the amount of value-added tax invoiced by suppliers of goods (works, services) is invoice, vypisyvaemaâ in accordance with article 107 of the present code.
When you apply a zero rate of value-added tax, as well as in other cases, the main state tax service of Turkmenistan may establish additional requirements for confirming the right to set-off the value-added tax.
When you perform (providing) persons referred to in the second part of article 108 of this code works and services which value added tax is withheld tax agent, for the counting value added tax invoice is not required, vypisyvaemaâ, in the manner prescribed by article 107 of the present Code, as a basis for such a test.
3. The amount of value added tax on fixed assets under construction objects and intangible assets shall be counted from the moment of their purchase (manufacturing in-house): lump sum, if the value of their purchase (excluding value added tax) is not more than 10 thousand manats;
monthly by equal installments over the next two years if their historical cost (without VAT) exceeds 10 thousand manats;
monthly by equal installments over a period of seven years for the objects of capital construction (buildings, structures, roads, transmission devices), ships and aircraft, rail transport.
Not is credited the amount of value added tax on fixed assets under construction objects and intangible assets purchased through budgetary allocations.
4. If a taxpayer commits the taxable operation, including exempt from value added tax referred to in article 106 of this code, the amount of qualifying tax is only on taxable transactions, is not exempt from tax, unless otherwise stipulated by this article.
If, for individual operations cannot keep separate accounting for qualifying amounts of value-added tax and tax for which such set-off is not allowed, the amount of qualifying tax is defined as part of the value added tax, paid to suppliers of goods (works, services), purchased during the reporting period (fiscal) is proportional to the relative tax base to the total sum of all transactions both recognized and not recognized by the objects of taxation of value added tax. When implementing a qualifying amount of electricity and transportation tax is determined on the basis of the value added tax invoiced by suppliers of goods (works, services). To more accurately determine the amount of qualifying value-added tax shall be allowed such a calculation of the total for the year, reflecting adjustments for the month of December.
In the same manner and subject to the provisions of section 3 of this article shall be made of value-added tax on fixed assets, intangible assets and construction-in-progress.

5. Not subject to set-off the amount of value-added tax on purchased goods (works, services) in the case of the use of these goods (works, services) for the implementation of: taxable transactions exempt from value added tax referred to in article 106 of the present code;
operations that are not objects of taxation under article 96 of this code.
State-owned enterprises and enterprises of consumer cooperation in carrying out wholesale and retail trade (including the implementation of supply chain and procurement activities and individual such as well as trades) is not subject to score the amount of value added tax, paid to suppliers for products intended for subsequent implementation.
The specified amount of value-added tax are included respectively in the deductions taken for the calculation of tax on profit (income) of legal entities (individual entrepreneurs deductions in the calculation of the tax on the income of natural persons), together with the cost of such goods and services or covered by profit (income) left at the disposal of the taxpayer after taxes, or by relevant sources of financing.
6. When implementing second-hand fixed assets the amount of value added tax paid at the time of their acquisition, was adopted to offset within the amount of value-added tax, which at the time was not credited in accordance with part 3 of this article or was not deducted through depreciation.
7. In cases when calculus, withholding and payment of value-added tax imposed on a tax agent, credit or refund of the value added tax to the taxpayer in accordance with this article shall be carried out after the payment to the State budget of Turkmenistan tax agent of tax withheld from payments made to the taxpayer.
Credit or refund shall be carried out on the basis of a declaration made to the taxpayer's tax service at the place of registration of tax agent, kept the tax in accordance with article 49 of this code. Together with the application submitted and the documents referred to in paragraph 2 of this article.
8. adjustment of amounts of tax taken in set-off shall be carried out in the cases and pursuant to the procedure provided for in article 35 of this code for the adjustment of the tax base. Specified applies to cases when persons carrying out activities in accordance with the Turkmenistan law "on hydrocarbon resources," value-added tax was paid when purchasing their goods (works, services) used in the reporting period to perform the oil or other works.
9. The provisions of this article shall apply also in respect of value added tax, taxpayer-paid by the restructured entity, which was adopted against the legal successor.
(As amended by the Act of March 17, 2008, April 18, 2009, May 10, 2010 g August 4, 2012, March 2, 2013 and August 18, 2015-statements of the Mejlis of Turkmenistan, 2009 г., no. 2, p. 41; 2010 г., no. 2, p. 34; 2012, no. 3, article 68; 2013 g, # 1, art. 7) Article 111. Submission of tax returns and payment of value added tax 1. Taxpayers, except persons specified in part 2 of this article, are required to submit a declaration of the value added tax for each reporting period.
Declaration on the value added tax is submitted during this reporting period, no later than 20th day of the month following the reporting period.
2. Declaration on the value added tax does not seem foreign legal entities and foreign physical persons-entrepreneurs in cases where retention and payment to the State budget of Turkmenistan value-added tax implemented tax agents.
The persons conducting the payment of non-resident persons of Turkmenistan in the period to 20 day of the month following the month in which the payments were made, are obliged to submit to the tax service on the tax account of the report on the said persons to whom the payments were made were the amounts calculated, withheld and listed in the State budget of Turkmenistan of value-added tax, as well as information on such individuals, from which tax was not withheld. Report form shall be established by the main state tax service of Turkmenistan in agreement with the Ministry of Finance of Turkmenistan.
3. The persons referred to in the first part of this article (with the exception of those referred to in paragraph 5 of this article), carry out the payment to the State budget of Turkmenistan in the value added tax calculated in accordance with the submitted tax declaration no later than 25 day of the month following the period of otčëtnym.
4. persons acting as tax agents carry out the payment of retention monies of value-added tax to the State budget of Turkmenistan within the period stipulated for the withholding tax in accordance with part 2 of article 108 of this code. When payments abroad, payment of retention tax is in fifteen days of set for withholding tax.

Payment of tax is made at the expense of tax agent with subsequent retention from money payable to the taxpayer in that case when the payment is made later than the last day of the tax period in which made taxable operation. In this case, the calculation of the tax is made at the date of the taxable operation and under long-term contracts-on the last day of the tax period in which made taxable operation. Payment of tax (including payments abroad) is made not later than 15 days after the end of that fiscal period.
5. individual businessmen and persons in the partnership, if it does not include legal entities that carry out the payment to the State budget of Turkmenistan the value-added tax for the reporting period from 1 January to 30 month number month June-not later than 1 September of the current year, month, and over the reporting period from 1 July to 31 of the month number month Dec-1 of the month of March of the following year.
Payment of tax is made on the basis of the tax notice, sent to the internal revenue service in time for the reporting period from 1 January to 30 month number month June-not later than 1 August of the current year, month, and over the reporting period from 1 July to 31 of the month number month Dec-1 of the month of February of the following year.
6. For certain categories of taxpayers by the main state tax service of Turkmenistan may establish other filing Declaration and payment of value-added tax, but not later than thirty days from the time frames stipulated in parts 1, 3, 4 and 5 of this article.
(As amended by the Act of March 17, 2008, April 18, 2009, May 10, 2010 and May 21, 2011-statements of the Mejlis of Turkmenistan, 2009 г., no. 2, p. 41; 2010 г., no. 2, p. 34; 2011, no. 2, p. 45) article 112. Features of calculation and payment of value-added tax in the implementation of joint activities 1. Taxpayers engaged in joint activities (partnership), the responsibility for the calculation of the value added tax is imposed on one of the members of a partnership, operating on the territory of Turkmenistan.
On reaching this decision, taxpayers, members of the Association shall within the deadlines established by the part of article 23 2 of this code, shall bring to the tax authorities, in which they are tax accounting.
2. When calculating value added tax payable to the State budget of Turkmenistan, on the activity of the partnership in the standings was adopted the value-added tax on raw materials, materials, works, services, and other paid by any of the parties to the Treaty for the purposes of the implementation of joint activities. The reason for such set-off serves as information (copies or originals of primary accounting documents) on expenditures incurred by all participants in the partnership.
The amount received to offset the value added tax in this case, you do not need to be credited when determining the value added tax payable to the State budget of Turkmenistan in respect of activities of taxpayers, not related to activities within the partnership.
3. performance of obligations on payment to the State budget of Turkmenistan value-added tax may be one of the participants in the partnership throughout the amount of tax or each of them on the appropriate percentage of the total amount of the tax.
In both cases, the participant of the company, who is the calculation of the value added tax, is required to submit the return within the prescribed time-limits for value added tax in General on joint activities to the tax service in place of tax registration.
The Declaration shall be accompanied by information showing: all members of a partnership, their individual tax numbers, location or place of residence;
a copy of the decisions about how it will be paid by tax-one of the participants in the partnership or to each of them in its proportion.
The tax office within five days of submission of the Declaration should send a statement to the tax authorities of the place of tax accounting of other participants in the partnership for: alerts that value-added tax payment is made by one of the parties;
establishing controls over the completeness and timeliness of payment of value-added tax on other participants in the partnership into its share.
 
Article 113. Special provisions 1. If, in cases involving benefits or exemptions from value-added tax, or application of zero rate of tax, the taxpayer incorrectly included the tax amount in the invoice or other document, the amount of tax payable to the State budget of Turkmenistan in the established order the imposition of penalties under the late payment of the tax. The purchaser (the customer) allowed set-off of tax paid, if it is stipulated by article 110 of the present code.
The financial sanctions imposed by article 89 of this code do not apply in this case.
Specified applies to cases where: a person who implements the goods (works, services) is not recognized as a tax payer; This operation is not taxable; incorrectly identified (overpriced) tax base, etc.

The provisions of this part apply in the case where the buyer did not require changes issued him an invoice or other document in which mistakenly included the amount of the tax.
2. In cases where a taxpayer wrongly failed to include the amount of value-added tax invoice, at buyer (customer) of goods (works, services), and failed to pay the tax to the State budget of Turkmenistan, the tax service has the right to recover the amount of the tax in the budget with such buyer (customer).
(As amended by the Act of March 17, 2008)
 
Chapter 2. Excise tax Article 114. Payers of excise duty 1. Payers of excise duty are legal entities and individuals when making them taxable transactions referred to in article 116 of this code, as well as when importing excisable goods into the customs territory of Turkmenistan.
To be produced on the territory of Turkmenistan of excisable goods from raw materials (materials) supplied by the customer, the payer of excise duty is commodity producer.
2. do not admit the payers of excise duty: budget of the Organization;
persons who are contractors and subcontractors in accordance with the Turkmenistan law "on hydrocarbon resources". When making such persons taxable transactions not related to oil works when entering their excisable goods into the customs territory of Turkmenistan, not intended for petroleum operations, subject to part 1 of this article.
 
Article 115. Excisable goods excisable goods are recognized products or products on which excise rates are established in accordance with article 119 of this code, regardless of the purpose of their further use.
 
Article 116. The object of taxation of excise taxes 1. The object of taxation of excise are taxable transactions and excisable goods, imported to the customs territory of Turkmenistan.
2. subject to the provisions of part 3 of this article, the taxable operations are: realization of excisable goods of own production;
use of excisable goods produced for own consumption, except for production of goods subject to excise tax;
compensation for damages in case of theft or damage of excisable goods from the perpetrators, as well as indemnity;
production services (manufacturing, bottling of excisable goods from raw materials (materials) of the customer.
3. operations listed in part 2 of this article shall be accepted subject to taxation in case the excisable goods produced or services for their production (manufacture, bottling) provided on the territory of Turkmenistan.
4. To determine the realization of excisable goods, article 97 of the present code.
5. Are not subject to taxation of excise for the disposal operation produced excise goods as a result of the requisition, confiscation, as well as the importation of such goods through the territory of Turkmenistan.
 
Article 117. Tax base 1. Tax base when making the taxable operation is a value determined on the basis of the prices of the goods (without including the amount of value-added tax), which receives or is entitled to obtain the taxpayer from any other person, including the amount of excise duty.
In the tax base when making taxable operation also includes amounts received from persons involved in the indemnity for the damage in case of theft or damage produced excise goods, as well as insurance reimbursement for such goods.
2. in implementing the (transfer) excisable goods produced from raw materials (materials) provided to the customer, the tax base is determined on the basis of the applicable manufacturer maximum selling prices, taking into account the excise duty on similar goods of own production at the time of the transfer of excisable goods produced, and in their absence, on the basis of real market prices for similar goods used in accordance with the provisions of article 36 of the present code.
3. The tax base with the donation made of excisable goods is determined on the basis of the prices for such products, which are used by the taxpayer in the regular fee for their realization.
4. If the parties to the transaction is not defined the value of excisable goods, the tax base is determined on the basis of the prices for such excise goods, which are used by the taxpayer in a typical of their realization.
When neèkvivalentnom Exchange in taxable turnover includes any amount of additional payments to the value of excisable goods.
5. when using the excisable goods produced for own consumption, even if the costs for it are included in the deductions taken for the calculation of tax on profit (income) tax base is determined on the basis of the prices for such products, which are used by the taxpayer in the regular fee for their realization.
6. When the product shortfalls beyond the norms of attrition, where there is no official confirmation that the goods stolen or defaced, the tax base shall be determined in the manner prescribed by part 3 of this article.
7. The tax base of enforceable excisable goods for which preferential rates are established, shall be determined on the basis of such benefits. Specified applies to the free release of goods and services to the population in accordance with the legislation of Turkmenistan.
8. the tax base does not include the cost of packaging, returnable recipient of excisable goods.

9. Tax base upon importation of goods into the customs territory of Turkmenistan is the customs value of the goods, taking into account subject to payment of customs duties and taxes and does not include the amount of excise duty.
10. the cost of taxable operations, amount of money, increasing the tax base, the customs value of goods in foreign currency recalculated in manats at rate of the Central Bank of Turkmenistan respectively at the date of the taxable operation;
on the date of payment of excise duty excise goods upon importation to the customs territory of Turkmenistan.
11. Tax base when carrying out taxable transactions and upon importation of goods into the customs territory of Turkmenistan for individual excisable goods can be measured in physical terms.
12. Tax base, calculated in accordance with this clause, reduced by the amount of funds to be transferred to the Monetary reserve of the Government of Turkmenistan.
(As amended by the law of Turkmenistan on May 21, 2011-statements of the Mejlis of Turkmenistan, 2011, no. 2, p. 45) article 118. The adjustment of the tax base for taxable transactions tax base when making taxable operation and importation of the goods into the customs territory of Turkmenistan shall be adjusted in cases stipulated by article 35 of the present code.
 
Article 119. List of excisable goods and Excise rate list of excisable goods and rates of excise duty: name of excise goods excise rates On manufactured goods Beer 10% of the value of natural wines, spirits, liqueurs and other alcoholic drinks (except grape mash), as well as the wine with an alcohol content of up to 20 per cent more than 20 to 30 per cent more than 30 per cent 15% from 30% of the room cost 40% of the cost of Gasoline 40% of the cost of diesel fuel 40% of the value of goods imported into the customs territory of Turkmenistan Beer 50% of customs value, but not less than 4 manats per 1 litre of grape wines and other alcoholic beverages with an alcohol content of up to 20 per cent more than 20 per cent of the 100% of the customs value, but not less than 20 manats per 1 liter of 100% of the customs value, but not less than 30 manats per 1 litre of Alcohol used in the manufacture of alcoholic beverages (with the exception of imported for medical purposes as well as public enterprises, consumer cooperatives) 4 United States dollar for 1 litre of tobacco products 30% of customs value, but not less than 0.5 United States dollar for 1 pack of Other manufactured tobacco and manufactured tobacco substitutes 10 United States dollars for 1 kg cars (except for special ambulances and specially equipped for disabled guests) United States dollar 0.3 per 1 cub. see list of Desktop Engine volume of excisable goods shall be classified in accordance with codes of commodity nomenclature of foreign-trade activity.
(As amended by the law of Turkmenistan on May 10, 2010-statements of the Mejlis of Turkmenistan, 2010 г., no. 2, p. 34) article 120. Excise stamps Separate excisable goods as produced and imported in Turkmenistan may be marking with excise stamps in an order, established by the Cabinet of Ministers of Turkmenistan.
 
Article 121. Tax and Tax reporting periods and reporting periods for excise duty when carrying out taxable operations are set to the calendar month.
 
Article 122. Benefits on excise duties 1. Are not subject to excise duty excise goods imported to the customs territory of Turkmenistan: a) as humanitarian assistance to Turkmenistan, and also through non-reimbursable technical assistance provided by foreign countries in compliance with intergovernmental agreements;
b) intended for official use by foreign diplomatic and equated to diplomatic representative offices, international organizations or for personal use diplomatic or administrative-technical staff of theses offices of international organizations, including those living with them members of their families;
in) for own consumption by an individual-1.5 litres of alcoholic beverages and beer, 2 packs of cigarettes.
If the taxpayer in accordance with individual legislative acts of Turkmenistan has tax relief or exemption from taxes, then this does not apply to levy excise tax, if it is not explicitly stated in such acts.
2. From payment of excise duty exempt services for production (manufacturing) of gasoline and diesel fuel from raw materials (crude oil), belonging to the ownership of foreign legal persons subject to re-exportation of those products from Turkmenistan.
3. From payment of excise duty exempt transfers of excisable goods as humanitarian and (or) charity in accordance with intergovernmental agreements, as well as on the basis of decisions of bodies of State power and administration.
(As amended by Laws of March 17, 2008 and from April 16, 2015 year Statements of the Mejlis of Turkmenistan, 2015, no. 2, p. 48) article 123. Distinctions of taxation of excisable goods when moved across the customs border of Turkmenistan
 

1. When importing excisable goods into the customs territory of Turkmenistan depending on the chosen customs regime of taxation of excise duty is performed in the following order: (a)) when placing the excisable goods under customs regime of release for free circulation of excise is paid in full;
b) when placing the excisable goods under customs regimes of transit, re-import, customs warehouse, duty-free shop, processing, processing under customs control at the customs territory, the customs-free zone, free warehouse, destruction, rejection of the goods in favour of the State excise tax is not paid;
in) when placing the excisable goods under customs regime of re-export of excise duty shall be paid in accordance with the regime for the release for free circulation and shall be surrendered upon exportation abroad of such goods;
g) when placing goods under customs regime of temporary admission (except for personal vehicles owned by foreign individuals, not deregistrations), excise tax is payable in accordance with the regime for the release for free circulation upon exportation outside Turkmenistan temporarily imported excisable goods, provided that the period of their temporary stay in the territory of Turkmenistan did not exceed one year from the date of entry , the amount previously paid excise duty refundable;
d) when importing excisable goods previously placed under customs regime of temporary exportation, provided that the period of temporary stay outside Turkmenistan did not exceed one year from the date of export, excise duty is not charged;
e) when importing products of processing goods placed under customs regime of processing outside the customs territory of Turkmenistan, the excise duty shall be paid in accordance with the regime for the release for free circulation.
2. when changing customs obligation to pay excise duty shall be determined in accordance with the new customs regime.
Failure by the taxpayer to the conditions chosen customs regime on the territory of Turkmenistan with charged excise duty in accordance with the customs regime release of goods for free circulation, as well as a fine, calculated for the period from the date of importation of the goods on the day of payment of excise duty inclusive.
 
Article 124. Calculation of excise taxes 1. The amount of excise duty is calculated: the taxpayer alone-when carrying out taxable transactions;
-the Customs authorities upon importation of the goods into the customs territory of Turkmenistan.
2. the amount of excise duty payable to the State budget of Turkmenistan when carrying out taxable transactions is calculated as the sum of the excise tax on all taxable transactions took place in the respective tax period, less the amount of excise duty received in the same tax period in accordance with article 126 of this code.
The amount of excise tax on taxable transactions for each kind of excisable goods is defined as the product of the tax base for such taxable operations, estimated in accordance with articles 117 and 122 of this code to the appropriate tax rate laid down in article 119 of this code.
Assignment of taxable transactions for the corresponding taxable period shall be in accordance with the provisions of article 125 of this code, depending on the moment of its perpetration.
3. the amount of excise duty upon importation of the goods into the customs territory of Turkmenistan for each kind of excisable goods is defined as the product of the tax base for such products, calculated in accordance with articles 117 and 122 of this code to the appropriate tax rate laid down in article 119 of this code.
4. If the amount of the excise duty to be credited in any tax period exceeds the amount of the excise duty, calculated in accordance with this article, in the same period, the amount of such exceedance shall be returned or credited at the expense of other receivable from taxpayers amounts of payments to the State budget of Turkmenistan in accordance with article 49 of this code.
5. In cases where persons who are contractors and subcontractors in accordance with the Turkmenistan law "on hydrocarbon resources", use the excisable goods, imported to the customs territory of Turkmenistan, not to implement the oil works, excise duty is paid in the prescribed manner.
 
Article 125. The period in which the taxable operation shall be considered made the reporting (tax) period in which made taxable operation shall be determined in accordance with article 109 of this code as for value added tax.
 
Article 126. Excise duty 1 standings. Excise tax payers have the right to set-off the excise tax in the amount of the value of excise stamps on implemented excisable goods.
2. If you use store-bought excisable goods as raw materials (materials), as well as in the provision of such goods by the customer (give-and-take basis) for the production of other excisable goods, the taxpayer was entitled to credit for the excise tax paid when purchasing or importing excisable goods as raw materials (materials). While crediting the excise tax is allowed in parts of the raw materials (materials) used in this reporting (tax) period to a specified target.
3. the basis for offsetting amounts of excise paid excisable goods suppliers are invoice, vypisyvaemaâ in accordance with article 127 of this code, and documents confirming payment (payments) with suppliers.

The basis for offsetting amounts of excise duty paid at customs clearance of imported excisable goods are the following documents: vouchers and bank statement confirming the actual transfer of funds for payment of excise duty;
cargo customs declaration, or a copy of it with marks of a customs body, ordered the release of the goods in the customs regime of release for free circulation.
4. If you use store-bought excisable goods as raw materials (materials) on the production of nepodakciznyh products or other purposes the amount of excise duty on them shall be included in the deductions taken for the calculation of tax on profit (income), together with the cost of such raw materials (materials), or is at the expense of profit remaining at the disposal of the taxpayer after taxes, or by relevant sources of financing.
5. The provisions of this article shall apply also in respect of excise tax paid by the taxpayer-by the restructured entity, which was adopted against the legal successor.
(As amended by the Act of March 17, 2008)
 
Article 127. The amount of excise duty, the summons issued by the seller to the buyer 1. The taxpayer implements its excisable goods or rendering services for the production (manufacture, bottling) excisable goods from raw materials (materials) customer and also implements them imported excisable goods must provide for payment to the buyer of the goods and the owner of the raw material (material), the amount of excise duty. While the estimated amount of excise documents stands out on a separate line.
When implementing the excisable goods to the public at retail prices or tariffs for products and price lists issued by the sellers, the amount of excise duty are released.
2. The taxpayer implements its excisable goods or rendering services for the production (manufacture, bottling) excisable goods from raw materials (materials) customer and also implements them imported excisable goods, must write to the recipient of goods invoice of the established sample. An invoice is issued in two copies, the first of which shall be presented to the buyer (customer), and the second remains in the drawer of his face.
Invoice shall be issued not later than five days from the date of shipment of the excisable goods or rendering services for the production (manufacture, bottling) excisable goods from raw materials (materials) of the customer.
Form invoices are set by the Ministry of Finance of Turkmenistan.
 
Article 128. Submission of tax returns and payment of excise duty 1. Taxpayer committed carrying out taxable operations is required to make a Declaration on excise tax for each reporting period.
2. excise tax declaration is submitted during this reporting period, no later than 20th day of the month following the reporting period.
3. Payment of excise duty when carrying out taxable transactions is made by taxpayers not later than 25 day of the month following the reporting period.
Within a specified period is made for the payment of excise and in cases specified in part 5 of article 124 of this code.
4. Payment of excise duty on excisable goods, imported to the customs territory of Turkmenistan, produced before or at the time of customs clearance.
5. calculation of excise duties, submission of Declaration and their payment to the State budget of Turkmenistan when carrying out joint activities (partnership) taking into account the peculiarities stipulated by article 112 of this code as for value added tax.
 
Chapter 3. Tax for subsoil use Article 129. Tax payers for subsoil use 1. Payers for subsoil use are legal entities and individuals-entrepreneurs, engaged in mining in Turkmenistan, including chemical elements and compounds, as well as retrieve and implement for profit underground (ground) water (hereinafter referred to as "minerals).
2. Not recognized tax payers for subsoil use legal and physical persons who are contractors and subcontractors in accordance with the Turkmenistan law "on hydrocarbon resources".
In carrying out such activities, these individuals not related to oil works, carried out in accordance with the Turkmenistan law "on hydrocarbon resources", they are subject to part 1 of this article.
(As amended by the law of Turkmenistan on May 23, 2015-statements of the Mejlis of Turkmenistan, 2015, no. 2, p. 71) Article 130. Objects of taxation 1. Objects of taxation are taxable transactions the taxpayer on the territory of Turkmenistan.
Place of taxable operation shall be the place of extraction of natural resources.
2. Taxable transactions are: realization of mineral resources extracted by the taxpayer;
use for own consumption, including recycling, minerals extracted by the taxpayer;
compensation for damages in case of theft or damage of minerals from the perpetrators, as well as indemnity.
3. To define the implementation of mined minerals, article 97 of the present code.
4. Is not subject to tax exclusion of minerals as a result of the requisition, confiscation.
 
Article 131. Tax base 1. The tax base for calculating tax for subsoil use are:

on hydrocarbon resources (crude oil, natural and accompanying gas)-value determined on the basis of the prices of hydrocarbon resources, which receives or is entitled to obtain the taxpayer from any other person, does not include the amount of value added tax;
other minerals-profit made from the sale.
In the tax base when making taxable operation also includes amounts received from persons involved in the indemnity for the damage in case of theft or damage of minerals, as well as insurance reimbursement for such goods.
2. The tax base with the donation of minerals is determined on the basis of the prices for such products, which are used by the taxpayer when their normal reimbursable implementation.
3. If the parties to the transaction is not defined the value of mineral deposits, the tax base is determined on the basis of the prices for such products, which are used by the taxpayer when their normal reimbursable implementation.
When neèkvivalentnom Exchange in tax base includes any amount of surcharges to the cost of exchanged goods.
4. When using mineral resources for their own consumption, even if the costs for it are included in the deductions taken for the calculation of tax on profit (income) tax base is determined on the basis of the prices for such products, which are used by the taxpayer when their normal fee, and in their absence, on the basis of real market prices for similar goods used in accordance with the provisions of article 36 of the present code.
5. When losses of minerals over the norms of attrition, where there is no official confirmation that the goods stolen or defaced, the tax base shall be determined in the manner prescribed by part 2 of this article.
6. The tax base of enforceable minerals on which established preferential rates, determined by taking into account such benefits. Specified applies to the free release of goods and services to the population in accordance with the legislation of Turkmenistan.
7. In the case of multiple minerals extraction tax base is determined by each type.
8. the value of the mineral deposits in foreign currency recalculated in manats at rate of the Central Bank of Turkmenistan at the time of their implementation.
9. Tax base for each type of mineral resources for the relevant tax period is defined as the sum of the tax bases on all taxable transactions carried out in the respective tax period.
10. Tax base, calculated in accordance with this clause, reduced by the amount of funds to be transferred to the Monetary reserve of the Government of Turkmenistan.
(As amended by the law of Turkmenistan on May 21, 2011-statements of the Mejlis of Turkmenistan, 2011, no. 2, p. 45) article 132. The adjustment of the tax base for taxable transactions tax base when making taxable operation shall be adjusted in cases stipulated by article 35 of the present code.
 
Article 133. Royalty tax rates tax rates for subsoil use are installed in the following amounts: (a)) on taxable transactions with hydrocarbon resources: natural and associated gas-22 per cent;
crude oil-10 per cent;
b) taxable transactions with other minerals depending on the level of profitability: profitability percentage tax rate percentage To 15 inclusive over 15 0 to 17 inclusive, 30 more than 17 to 19 inclusive, 32 more than 19 to 21 inclusive 35 over 21 to 23, inclusive, 40 more than 23 to 25, inclusive, over 45 25 50 Set tax rates for subsoil use taxable transactions (except operations with hydrocarbon resources) for a period of experimental-industrial exploitation but no more than three years, reduced on 50 percent.
Profitability in this case is calculated as a percentage of the profits from sales to production costs, defined as the sum of deductions laid down in points "a" and "d" of part 2 of article 154 of this code relating to such products.
Profit from sales of goods is defined as gross revenues from sales of products, calculated in accordance with articles 149 and 150 of this code, reduced to the sum of deductions laid down in points "a" and "d" of part 2 of article 154 of this code relating to such products.
 
Article 134. Tax and Tax reporting periods and reporting periods for tax for subsoil use are set to the calendar quarter.
 
Article 135. Calculation of tax for subsoil use 1. Tax amount for subsoil use is calculated independently of the taxpayer for each mineral.
2. Tax amount of royalty payable to the State budget of Turkmenistan, shall be calculated as the sum of the tax on all taxable transactions occurred in the tax period.
The amount of tax on taxable transactions that took place during the reporting period (fiscal) is defined as the product of the tax base for such taxable operations, calculated in accordance with article 131 of this code to the appropriate tax rate (s) established by article 133 of the present code.

Assignment of taxable transactions for the corresponding taxable period shall be from the date it is made in accordance with article 136 of this code.
In cases stipulated by part 3 of article 137 of this code, the amount of royalty payable to the State budget of Turkmenistan, is reduced by the amount calculated and payable upfront payments of tax.
3. If the amount of royalty paid in a tax period exceeds the amount of tax during the same period, calculated in accordance with this article, the amount of such exceedance shall be returned or credited at the expense of other receivable from taxpayers amounts of payments to the State budget of Turkmenistan in accordance with article 49 of this code.
 
Article 136. The period in which the taxable operation shall be deemed effected Taxable operation shall be considered made in accordance with article 109 of this code as for value added tax.
 
Article 137. Submission of tax returns and tax payment for subsoil use 1. The taxpayer is required to submit a tax declaration royalty for each accounting period.
Income tax declaration for subsoil use is submitted during this reporting period, no later than 20th day of the month following the reporting period.
2. Tax payment for subsoil use is made by taxpayers, except as specified in part 4 of this article not later than 25 day of the month following the reporting period.
3. the taxpayer when carrying out taxable transactions with hydrocarbon resources during the reporting period produces tax payment for subsoil use in the form of advance payments.
Sales tax amount of royalty payable in the form of advance payment, representing one third of the amount of tax for subsoil use, calculated for the previous fiscal period.
Tax payment for subsoil use in the form of advance payment is made by taxpayers 25 of each month.
4. For certain categories of taxpayers by the main state tax service of Turkmenistan may establish other filing Declaration and terms of tax payment for subsoil use, but not later than thirty days from the time frames stipulated in parts 1 and 2 of this article.
 
Chapter 4. Property tax Article 138. Payers of property tax 1. Property tax payers are legal entities, which have the property ownership, as well as legal entities of State ownership, which in the manner prescribed by the legislation of Turkmenistan, transferred to property that is subject to taxation in accordance with article 139 of this code, unless otherwise provided for in this article.
2. when transferring property into leasing or concession of property tax payer acknowledged lessee respectively or concessionaire.
When the transfer of property for rent (rent) a payer (except for legal person of State ownership) of the property tax is recognized by the lessor (landlord). When the transfer of State and municipal property rented by the taxpayer is balansoderžatel′.
If the object of taxation is in share ownership of several persons, taxpayer recognizes each of these persons.
The payer of the tax on objects of taxation, common property can be one of the owners of the data objects of taxation by agreement between them.
When the operation of the facility construction, not entered into operation in accordance with the established procedure or not accepted as registered fixed assets, the duty to pay tax in respect of the object of taxation is the responsibility of the customer.
3. property tax Payers are not legal persons who are contractors and subcontractors in accordance with the Turkmenistan law "on hydrocarbon resources". When making such persons taxable transactions not related to oil works in respect of property used for such operations, they are subject to part 1 of this article;
the budget of the Organization;
Museum of national values;
The Central Bank of Turkmenistan;
legal persons of private ownership;
bodies of State power and administration, local executive bodies and local governments.
(As amended by the law of Turkmenistan dated October 1, 2007, March 17, 2008, April 18, 2009 and August 4, 2011-statements of the Mejlis of Turkmenistan, 2007, no. 4, p. 68; 2009 г., no. 2, p. 41; 2011, no. 3, art. 59) article 139. Object of taxation 1. The object of taxation, with the exception of property specified in part 3 of this article are: a) for resident legal person of Turkmenistan-industrial fixed assets, current assets as well as material used in production activity;
b) for legal entities of Turkmenistan, whose activities in Turkmenistan is carried out through a branch, representative office or a permanent establishment, the items listed in paragraph «а» part 1 of this article within the territory of Turkmenistan and is part of the property of a branch, representative office or to a permanent establishment;

in) for legal entities of Turkmenistan, whose activities in Turkmenistan is carried out through a branch, representative office or Permanent Mission, capital real property located on the territory of Turkmenistan.
2. The object of taxation for legal entities-residents of Turkmenistan is property located both on the territory of Turkmenistan and beyond.
3. Are not object of taxation: land; produced at the expense of capital investment costs for land improvement, not associated with the creation of structures;
property State reserve, as well as property located on conservation by the decision of Cabinet of Ministers of Turkmenistan.
Part four of article 139 deleted from Act No. 215 04-IV.
(As amended by the Act of March 17, 2008, April 18, 2009 and August 4, 2011-statements of the Mejlis of Turkmenistan, 2009 г., no. 2, p. 41; 2011, no. 3, art. 59) article 140. Tax base for the property tax of 1. Tax base for the property tax is: for fixed assets-average residual value;
for revolving funds-average cost.
The cost of inventories of funds is determined on the basis of the accounting data and other documented data on objects of taxation.
cost of material circulating assets in cases determined on the basis of the methods referred to in article 29 of this code.
The cost of goods and other tangible assets, which are obsolete or partially lost their original quality, prices shall be determined on the basis of their possible implementation.
When conducting a re-evaluation of the value of the property for purposes of determining the tax base is determined in the light of such a revaluation. Value of fixed assets and material working capital is determined for purposes of determining the tax base without taking into account the value added tax paid upon purchase.
2. The tax base shall be determined separately for each object of taxation specified in part 1 of article 139 of this code, except for the property referred to in article 143 of this code, as the average cost of objects of taxation specified for each corresponding period.
Tax base for the first quarter, first half of the year, nine months and fiscal year is defined as one fourth, one seventh, one-tenth and one-thirteenth the amount received when adding values (residual values) of objects of taxation on the first day of each month of the reporting period and the first day of the month following the reporting period.
The tax base shall be adjusted in cases stipulated by article 35 of the present code.
(As amended by the Act of March 17, 2008)
 
Article 141. Tax rates on the property tax rate is set at 1 percent of the tax base, the tax period.
Estimated property tax rate for the relevant reporting period is established in the following sizes: 0.25 per cent from the first quarter's tax base; 0.5 per cent from the tax base for the first half of the year; 0.75 percent-tax base for 9 months; 1 per cent from the tax base for the year.
 
Article 142. Tax and fiscal year reporting periods for property tax is the tax year and accounting period-first quarter, first half of the year, nine months and tax year.
 
Article 143. Benefits 1. From property tax exempt: capital pension funds;
businesses public associations of persons with disabilities;
public associations;
religious organizations;
educational institutions;
health institutions and enterprises;
agricultural enterprises;
cinemas and cinema centers.
2. property tax exempt: gas pipelines (except for trunk), lines of railways, railway sidings, public roads, lines of communication and supply, vodoobvodnye and culverts, bridges and civil engineering and other structures intended for their exploitation;
property used for the production and storage of products of forestry and agriculture, as well as products of their own manufacture;
property used in housing and communal services;
property used exclusively in the sphere of science, education, rehabilitation of the disabled, protection of the environment Wednesday, fire safety and civil defence;
the property of the local authorities of the palaces of happiness designed for weddings;
urban passenger transport (except taxis);
sport complexes, stadiums and other sports facilities and objects, as well as used in these sports equipment and tools;
cable cars, as well as other property intended for their exploitation;
property of children's camps and rest homes, children's recreation and entertainment venues, as well as property used for recreation of children, children's entertainment, including entertainment, gaming machines, etc.;
property used for the performance of building and construction works related to the construction of new facilities for reception of tourists and their infrastructure in the national tourist areas or with the completion of unfinished objects;

property objects for receiving tourists and their infrastructure in national tourist zones. These benefits are also provided to persons in the prescribed manner the status of subjects of national tourist zones, in respect of property situated outside the territory of the national tourist zones.
property corrections and their industrial enterprises;
assets of State-owned enterprises, used for the production of accumulator products. (Made by Supplement comes into force from the day of official publication and acts on December 31, 2018 year inclusive-Turkmenistan law dated 21.11.2015 № 312-V).
(As amended by the law of Turkmenistan on 23 February, 17 March, October 1, 2007, March 17, 2008 g, April 18, 2009, March 12, 2010, August 16, 2014, November 8, 2014, August 18 and November 21, 2015   -Statements of the Mejlis of Turkmenistan, 2007, no. 1, art. Church. 20, 24; No. 4, p. 68; 2009, no. 2, art. 41; 2010, no. 1, p. 19; 2014, no. 3, p. 112;  No. 4, p. 149; 2015, no. _. calendar _; No. _ calendar _) article 144. Define the sales tax amount 1. The amount of property tax is calculated by the taxpayers themselves.
The amount of property tax payable to the State budget of Turkmenistan, is defined as the product of the tax base for the relevant reporting period, the corresponding payment tax rate less the amount of property tax calculated for the previous reporting period.
2. a legal person-non-resident of Turkmenistan, whose activities in Turkmenistan is carried out through a branch, representative office or a permanent establishment situated therein, and the holding of immovable property on the territory of Turkmenistan, is obliged to embark on tax accounting in the relevant tax service and fulfill the obligation to pay the tax on the immovable property alone.
 
Article 145. Tax return and payment of tax on property 1. Tax on property tax declaration is submitted by taxpayers to the tax office at the place of registration for each reporting period, respectively, in terms not later than 20th day of the month following the reporting period.
2. Payment of the property tax is made by taxpayers not later than 25 day of the month following the reporting period.
3. For certain categories of taxpayers by the main state tax service of Turkmenistan may establish different deadlines for Declaration and payment of property tax, but not later than thirty days from the time frames stipulated in parts 1 and 2 of this article.
 
Article 146. Tax on property situated outside Turkmenistan 1. The amount of property tax paid outside Turkmenistan, in accordance with the tax legislation of other States are legal entities-residents of Turkmenistan for the payment of property tax in Turkmenistan.
The size of the specified tax amount may not exceed the amount of tax calculated in accordance with this code.
The basis for offsetting the tax documents or other authorized body of the foreign States, confirming the fact of paying tax outside Turkmenistan.
Specified refers to the amount of property tax, which by virtue of the contract (Agreement) for the avoidance of double taxation and in accordance with established procedural rules may not be refunded to the taxpayer.
2. Not subject to offset property tax paid, calculated in accordance with the tax legislation of other States on property that is not a subject to taxation in accordance with part 3 of article 139 of this code, as well as on which benefits are established in accordance with article 143 of this code.
3. Entitlement to exemption from payment of tax on property or providing other tax privileges, the taxpayer is non-resident in Turkmenistan should submit to the tax service of Turkmenistan statement, as well as official confirmation that he is a resident of the State with which Turkmenistan has concluded for the respective tax period (or part thereof) the contract (Agreement) for the avoidance of double taxation.
Statement and confirmation can be presented as to the payment of property tax, and within three years after the end of the tax period in which the taxpayer claims to receive tax exemptions or privileges.
Application form and submission are established by the main state tax service of Turkmenistan jointly with the Ministry of Finance of Turkmenistan. The statement made in the prescribed form, not violating the order of its introduction are grounds for refusal in the consideration of such a statement the internal revenue service.
(As amended by the Act of March 17, 2008)
 
Chapter 5. Tax on profit (income) of legal persons Article 147. Payers of the tax on profit (income) 1. Payers of the tax on profit (income) are: resident legal entities of Turkmenistan;
legal entities-non-residents of Turkmenistan, operating in the territory of Turkmenistan through the permanent representation or receiving income from sources in Turkmenistan.
2. Payers of the tax on profit (income) are not: the Central Bank of Turkmenistan;
The Red Crescent Society of Turkmenistan.
(As amended by the law of Turkmenistan on 12 June and October 1, 2007-statements of the Mejlis of Turkmenistan, 2007, no. 2, article 48; No. 4, art. 68)
 

Article 148. Object of taxation 1. The object of taxation is the profit, as well as certain types of income of the taxpayer for the reporting (tax) period.
Profits of legal persons is defined as the amount of the taxpayer's gross income less the amount of deductions provided by the present code and related to such income.
2. Residents of Turkmenistan are taxed on profits (income) received on the territory of Turkmenistan and beyond.
Non-residents of Turkmenistan are taxed on profits (income) received from the implementation of the activity on the territory of Turkmenistan through the permanent representation and (or) from sources in Turkmenistan.
 
Paragraph 1. The taxation of the residents of Turkmenistan Article 149. Gross income 1. In the taxpayer's gross income includes income from the sale of goods, works and services, as well as proceeds from the sale of operations.
2. To an extraordinary item income include, unless otherwise stated in this article: (a)) interest on debt obligations of any kind;
b) dividends and other funds from equity participation in other legal persons and partnerships;
in) the indemnity under a contract of insurance or reinsurance;
g) funds received for breach of contractual obligations in the form of fines and other sanctions, as well as amounts received as compensation for the loss or damage;
d) amount received in satisfaction of the debt previously written off;
e) remuneration for use of or granting the right to use copyright as defined in the Civil Code of Turkmenistan Saparmurat Turkmenbashi, as well as evidence of the trade mark, a trademark or service mark, drawing or model, schemas, secret formula and (or) process, or for information concerning industrial, commercial or scientific experience;
f) funds received from debtors that had previously been written off due to a reserve for doubtful debts;
w) amounts written off accounts payable in connection with the expiration of the limitation period or on other grounds, in addition to the amounts of tax debt write-offs (penalties and fines) in accordance with article 57 of this code;
and) positive exchange differences on foreign exchange operations, as well as the impairment of currency values and requirements when devaluation of foreign currency-denominated obligations of positive difference arising from the taxpayer, if the amount of the liabilities and claims, calculated according to the rate agreement rate to foreign currencies on the date of implementation (posting) of goods (works, service), property rights, does not correspond to the actually received (paid) the amount in manats;
to the previous years) gains identified in the reporting year;
l) not used before the end of the fiscal period of reserves and funds recorded consisting of deductions in accordance with this code;
m) value of materials or other property when dismantling or disassembly operation output in case of liquidation of fixed assets;
n) value is not used for the intended purpose of the property (works, services), which received to charity;
about) cost of excess inventory items identified in the inventory;
p) donated the resulting property (works, services), including property rights, except as set forth in part three of this article. Score of such property (works, services) for inclusion in income are based on the actual market price, subject to the provisions of article 36 of this code;
p) other extraordinary income.
3. Are not included in gross income: contributions of participants (shareholders, shareholders, or members) in the statutory fund, including income in the form of excess of offering price of stocks (shares) of their nominal value (original size);
funds received by the participant (shareholder, shareholder) within the initial payment into the authorized Fund of legal entity when entering it from the membership or in the distribution of the property of the legal person being liquidated among its participants;
the funds received within the original contribution of a party to the Treaty on the joint activities of the (partnership) upon exiting such partnership or in the distribution of the property of the liquidated the partnership between the parties;
positive difference obtained when you change the value of the securities;
positive difference from the revaluation of fixed assets (funds) in accordance with the legislation of Turkmenistan and international financial reporting standards; (part three of article 149 after the fifth paragraph added sixth, which applied for the period from December 31, 2012 year-Zach., 2.03.2013., no. 378-IV) property received by budget organizations to address authorities, local executive bodies and local self-government;
funds and other property received by the taxpayer in a trust funding, budget appropriations, funds, public funds, grants, and other sources;
property received by the Commissioner under the agreement of the Commission, as well as the reimbursement of costs incurred by the Commissioner for the consignor, if in accordance with the terms of the contract, such costs shall not be included in the composition of the Commission costs. Specified also applies to contracts of agency or other similar contracts;

investment income of legal persons obtained in accordance with the legislation on pensions and to individual retirement accounts;
funds or other property obtained in the form of loans and grants, as well as the funds and other property received by their maturity;
the interest earned in accordance with the requirements of part 4 of article 49 of this code;
trust income for the upkeep of non-profit organizations and maintaining their statutory activities, including membership and charitable contributions, donations, own the property;
property received in the form of a bond or deposit as security for liabilities;
funds and other assets, which were transferred to a legal person of State ownership when his education;
funds obtained from the execution of works (provision of services), governmental authorities, local executive bodies and local governments within their exclusive authority in a particular area of activity, in case it is mandatory condition of the works (provision of services) is fixed by the legislation of Turkmenistan;
property received successor (successors) of a legal entity in the reorganization of the legal person;
goods (works and services) obtained through the contract of donation or donating nepredprinimatel′skimi budgetary organizations and entities, as well as governmental authorities, local executive bodies and local self-government;
property acquired free of charge legal persons in accordance with the acts of the President of Turkmenistan, the decisions of the Cabinet of Ministers of Turkmenistan, local authorities and local self-government, as well as in accordance with the decisions of ministries and agencies in intra-industry donation;
goods (work and services) produced within the framework of international projects and programmes of humanitarian, financial and technical assistance to Turkmenistan foreign States or international organizations.
Not included in the gross income of the value passed for promotional purposes of goods (works, services), expenditures for the acquisition of (creating) units not exceeding 0.4 minimum wage established in Turkmenistan.
4. If the same income are provided in several paragraphs of part 2 of this article, when calculating taxable income specified income are counted only once.
5. taxpayers who receive income taxed at varying rates of tax or exempt from tax in accordance with article 170 of this code are required to maintain separate accounting of such proceeds.
(As amended by the Act of March 17, 2008, April 18, 2009 and March 2, 2013-statements of the Mejlis of Turkmenistan, 2009 г., no. 2, p. 41; 2013, no. 1, art. 7) article 150. Distinctions of determining gross income from realization of goods (works, services) 1. In order to determine the gross income from realization of goods (works, services), article 97 of the present code.
If this is not seen as a realization of the donation: the property of a legal entity of its successor (successors) in the reorganization of the legal person;
social and industrial objects (houses, holiday houses, mills, factories and other such objects) by a decision of the authorities, local executive bodies and local self-government;
goods (royalty-free implementation of works and provision of services) as a humanitarian and (or) charity in accordance with intergovernmental agreements, as well as on the basis of decisions of bodies of State power and administration.
Also is not an implementation of expropriation of goods: located on a plot of land to be seized by a decision of the authorities, local executive bodies and local governments for State or public needs or because of improper land use, cultural values;
as a result, requisition, seizure or transfer of ownership of the inherited property, and the State abandoned property or hoards.
Is not an implementation of goods transfer of property as a contribution to the share capital of other legal entities and associations.
2. for the purposes of determining income from realization of goods (works, services) the price of goods (works, services) in accordance with article 36 of the present code.
3. When the donation of goods, execution of works, rendering services income is determined on the basis of the prices for such goods (works, services), which are used by the taxpayer when their normal reimbursable implementation.
With the donation of second-hand fixed assets and intangible assets, income is determined on the basis of their residual value.
4. If the parties to a transaction is not defined the value of goods (works, services), income is determined on the basis of the prices for such goods (works, services), which are used by the taxpayer when their normal reimbursable implementation.
When neèkvivalentnom Exchange in gross income includes any amount of surcharges to the cost of goods (works, services).
5. in the realization of goods (works, services) for their workers ' income is determined on the basis of the prices for such goods (works, services), which are used by the taxpayer when their normal reimbursable implementation.

6. When selling goods of the liquidated legal entity (a branch or representative office of a foreign legal person) income is determined on the basis of actual taxpayer applied sale prices of these goods, but not below: residual value-for fixed assets and intangible assets;
the purchase price for other products.
7. Income on realizable goods (works, services), which established preferential prices (tariffs, prices) is determined by taking into account such benefits. Specified applies to the free release of population of goods (works, services) in accordance with the legislation of Turkmenistan.
Income on realizable goods, performed works and rendered services for budgetary organizations and authorities, local executive bodies and local self-government, as well as implemented to address these bodies is determined on the basis of actual prices, including when this is free of charge. This does not apply to the donation of objects of social and industrial purposes upon decision of the authorities, local executive bodies and local governments.
(As amended by the law of Turkmenistan on March 17, 2007, March 17, 2008, April 18, 2009 and May 10, 2010-Statements of the Mejlis of Turkmenistan, 2007, no. 1, p. 24; 2009 г., no. 2, p. 41; 2010 г., no. 2, p. 34) Article 151. Distinctions of determining of the gross income of the Bank 1. The Bank's gross income is defined as income from banking operations and income referred to in articles 149 and 150 of this code.
2. income from banking operations include, inter alia, income as a percentage of the properties on its own behalf and at the expense of the Bank attracted funds, credit and loans;
from the opening and maintenance of bank accounts, including correspondent banks and payments on their behalf;
from the collection of funds, bills, payment and settlement documents and cash servicing of clients;
from operations with foreign currency in cash and cashless forms and currency values;
from the operations with precious metals and precious stones;
from operations to provide bank guarantees, commitments, avalej and sureties for third parties, providing for execution in monetary form;
acquisition of right to demand fulfillment of obligations in monetary form;
from asset management funds or other assets under contracts with customers, including depository services;
from lease to specially equipped premises and safes for storing documents and valuables;
as funds received from customers for telecommunications services;
as the amounts received by the Bank on the returned credit (loans), formerly as written off losses of the Bank or as written off at the expense of established reserves, deductions, which had previously reduced the tax base;
from the implementation of forfeiting, factoring operations;
in the form of a positive difference on revaluation of precious metals and precious stones;
from other banking operations and services.
 
Article 152. Distinctions of determining of the gross income of legal persons engaged in insurance activities 1. The gross income of legal persons engaged in insurance activities, is defined as the amount of income from insurance activities and income referred to in articles 149 and 150 of this code.
2. income from insurance activities include, inter alia, income: premiums (contributions) under contracts of insurance, coinsurance and reinsurance. While insurance premiums (contributions) under contracts are included in the income of co-insurance the insurer (sostrahovŝika) only in the amount of its share of the insurance premium;
amount of reduction (return) of insurance reserves formed in previous reporting periods, taking into account the changes in the share of reinsurers in insurance reserves;
remuneration and bonuses under contracts of reinsurance;
remuneration of insurers under contracts coinsurance;
reimbursement reinsurers share of premiums for risks in reinsurance;
remuneration for services insurance broker, agent, surveyor and emergency Commissioner;
interest accrued on Depot premiums for received reinsurance;
amounts received in the exercise of the right of claim of the insured under insurance to individuals responsible for damages in cases stipulated by the legislation of Turkmenistan;
the amount of penalties for failure to comply with the terms of the insurance contract;
part refund of insurance premiums (contributions) on reinsurance agreements in the event of early termination;
other income received in implementing insurance activities.
 
Article 153. Features of accounting income of interdependent legal entities If between interdependent legal entities in their relationship are folded or imposed conditions that differ from those generally existing in similar transactions, any income which could be obtained by one of them, but was not received due to these conditions, to be included in his income being taxed in accordance with the provisions of this chapter.
 
Article 154. The deductions taken for the determination of taxable profit
 

1. To determine the taxable profit in the deduction include income referred to in paragraph 2 of this article, as well as the costs and losses associated with business and other activities aimed at making a profit (income).
2. As a deduction to be taken into account for the determination of taxable profit shall be accepted;
a) amount of the value-added tax when selling goods, performance of work, provision of services, the amount of excise tax included in the price realized excisable goods producers of such products as well as value-added tax on the amounts of compensation for damages in case of theft or damage to the goods from the perpetrators, as well as indemnity;
b) dividends and other income from equity participation in other legal persons that were previously taxed at the source of payment in Turkmenistan;
in) gains from gambling activities (activities associated with gambling and gambling);
g) expenses (costs) associated with the production and sale of goods (works, services), including: material costs;
labor costs;
pension contributions for compulsory pension insurance and compulsory professional pension insurance with payments referred to in the first paragraph of article 156 of this code; (in the fourth paragraph of point "d" part of the second part of article 154 amended, which applied for the period January 1, 2013 year Turkmenistan law dated 02.03.2013 № 378-IV) accrued depreciation;
other expenses and losses;
d) unrealised losses;
e) property tax, sales tax and royalty fees (except for the target collection on physical planning of cities, towns and rural settlements);
established by this code.
Excluded from gross income funds payable in foreign currency reserve of the Government of Turkmenistan.
3. the expenses of the banks and legal entities carrying out insurance activity, determined by taking into account the peculiarities established under articles 164 and 165 of the present code.
4. in the event that the same expenses are provided in several articles of expenses when calculating taxable income specified expenses are deducted only once.
5. expenditures (costs) related to income, taxed at different tax rates, or relating to income tax that should be released, in accordance with article 170 of this code are counted separately.  In case of impossibility of separate accounting of expenses they are distributed in proportion to the percentage of relevant income in the totality of all income of the taxpayer.
6. Deductions referred to in this article shall be accepted only if their documentary evidence.
7. deductions not included: costs (costs) related to operations that are not implemented in accordance with part 1 of article 150 of this code;
expenditure (costs), not related to business and other activities aimed at making a profit (income);
expenditure (costs) for the acquisition of fixed assets, their installation (installation) and other costs of a capital nature (except for cost of capital nature are expressly set out in this code as taken as deductions-interest on debt, natural resources development costs, etc.);
as well as intangible assets;
loans and other loans issued or returned;
dividends or other similar payment, including participants in joint activities;
taxpayer's contributions into the authorized Fund of another legal person or partnership;
expenditure (costs) chargeable to the taxpayer generated funds and reserves;
expenditure (costs), carried out at the expense of the special purpose and trust revenues referred to in paragraph 3 of article 149 of this code;
the value of the property transferred by the Commissioner under the agreement of the Commission, as well as the reimbursement of costs incurred by the Commissioner for the consignor, if in accordance with the terms of the contract, such costs shall not be included in the composition of the Commission costs. Specified also applies to contracts of agency or other similar contracts;
the cost of the donated property passed, works performed, services rendered, as well as costs associated with such a transfer;
the cost of the received donated goods (works, services);
losses from the sideline activities content objects of housing and communal services, socio-cultural sphere, training centres;
money and the cost of a property transferred by the taxpayer under the Trust funding, as well as in the form of grants;
cash or the value of a property transferred to the participants (shareholders, associates) when leaving the membership of either in the distribution of the property of the legal person being liquidated among its participants;
cash or the value of a property transferred to the participants of the joint activity agreement (partnership) in leaving such partnership or in the distribution of the property of the liquidated the partnership between the parties;
the cost of issuing shares to the taxpayer transferred, distributed between the shareholders with an increase of the authorized capital;
the value of the property transferred as the deposit pledge;
excess workers compensation rules, established by the Cabinet of Ministers of Turkmenistan;
negative difference obtained when you change the value of the securities;

expenditure (costs) associated with the receipt of income from gambling activities;
negative difference from the revaluation of fixed assets (funds) in accordance with the legislation of Turkmenistan and international financial reporting standards (IFRS). (Part seven article 154 paragraph added, which applies for the period from December 31, 2012 year-Turkmenistan law dated 2.03.2013 № 378-IV).
8. the value of imported goods (works, services) directly relating to deductions or through depreciation charges may apply the provisions of article 36 of this code, in the case of overstatement in the value of their purchase.
(As amended by the law of Turkmenistan on March 17, 2008, May 21, 2011 and March 2, 2013-Statements of the Mejlis of Turkmenistan, 2011 g, no. 2, p. 45; 2013, no. 1, art. 7) Article 155. Tangible costs 1. Material costs include the cost of the taxpayer: acquisition of goods intended for resale;
acquisition of raw materials and the materials used in the production of goods, performance of work, the provision of services;
acquisition of materials used for packaging and other preparation produced or traded goods, as well as other industrial and household needs;
purchase of tools, jigs, tools, appliances, clothing and other non-depreciable property;
acquisition of components subject to installation;
purchase semi-finished products to be further processed;
the acquisition of fuel, water and energy spent for technological purposes, production of energy, heating of buildings, as well as the costs of transformation and power transmission;
acquiring works and productive services operated by third-party legal entities and individual entrepreneurs. To works and services productive nature are individual production operations, processing of raw materials, testing to determine the quality of consumed raw materials, monitoring compliance with established processes, repair of fixed assets, etc. Transport services of third-party service organizations activities also include the services of industrial nature;
maintenance and operation of fixed assets and other assets conservation areas, payments for maximum allowable emissions (discharges) of pollutants into the natural Wednesday and other similar expenses, including the cost of reclamation;
other material costs associated with business and other activities aimed at making a profit (income).
2. The value of the inventory included in material costs is determined on the basis of their purchase price, including commissions paid by mediation organizations, exchange fees, customs duties, taxes and excise taxes on goods imported into the customs territory of Turkmenistan, transportation costs and other expenses associated with the acquisition of inventory items. The value of the inventory does not include the amount of value added tax and excise duties to be credited in accordance with articles 110 and 126 of this code.
The value of the material costs excluded the cost of return of waste.
3. If the cost of returnable packaging adopted by inventory provider values is included in the price of these values of the total cost of their purchase cost excluded returnable packaging costs its possible use or implementation. The cost of non-returnable containers and packaging, taken from inventory provider values is included in the cost of their acquisition.
4. cost of goods (works, services) to be included in the material expenses in the case of the use of these goods (works, services) to carry out taxable operations, exempted from value added tax referred to in article 106 of this code, as well as operations not subject to value added tax in accordance with article 96 of this code shall be included in the deduction, together with the value added tax paid on acquired goods (works , services). Specified applies to purchased goods (works, services) by non-payers of value added tax in accordance with part 2 of article 95 of the present code.
The cost of the items to be included in the material expenses are also paid on excise duty, produced or imported into the territory of Turkmenistan excisable goods, using them as raw material (materials) on the production of nepodakciznyh products or other purposes in accordance with article 126 of this code.
5. For the purposes of taxation to material costs include: costs of reclamation and other environmental measures, unless otherwise provided in this code;
losses from shortage and/or damage of material assets within the norms of attrition, approved in the order established by the Cabinet of Ministers of Turkmenistan;
technological losses in production and (or) transport;
expenditure on preparatory work in mining.
(As amended by the Act of March 17, 2008)
 
Article 156. Labor costs 1. Expenditure on pay in cash and in kind include:

wages for work performed, calculated on the basis of the established rates, tariff rates and salaries in accordance with the enterprise forms and systems of remuneration;
bonus payments for production results, Supplement to the tariff rates and salaries;
compensation payments related to the regime of work and working conditions, including allowances for night work, work in multiple-shift mode, the combination of occupations, expansion of service areas, heavy, harmful, especially harmful working conditions, overtime and work on weekends and holidays, produced in accordance with the legislation of Turkmenistan;
the costs of providing utilities workers, nutrition, food, housing, free or the amount of monetary compensation for them in accordance with the legislation of Turkmenistan;
the cost of food workers in cases where such costs are provided for in the labour agreement (contract) and (or) a collective agreement (the agreement), including in cases when such food is organized by others;
the value of issued to employees free of charge in accordance with the legislation of Turkmenistan (including uniforms, clothing), remaining in a personal constant use (amount of benefits in connection with their sale to low prices);
the amount accrued to workers earnings saved on time discharge of State and (or) public duties and in other cases stipulated by the legislation of Turkmenistan;
payment of regular (annual) and additional leave (compensation for unused leave), feed hours teenagers work breaks for breastfeeding mothers, as well as the time associated with the passage of medical examinations, the implementation of State and public duties in accordance with the legislation of Turkmenistan;
payment of employee vysvoboždaemomu in connection with the reorganization or liquidation of a legal entity (branch, Representative Office), downsizing or workforce;
payments of termination indemnity;
the payment of lump-sum remuneration for seniority in accordance with the legislation of Turkmenistan;
the remuneration of employees stored on my time (training, retraining, etc.) in accordance with the legislation of Turkmenistan;
remuneration for the period of forced absence from work or run time nižeoplačivaemoj work in the cases stipulated by the legislation of Turkmenistan;
Supplement to the level of actual earnings in case of temporary disability established by the legislation of Turkmenistan;
payments (contributions) rabotadetelej under the treaties, as well as compulsory insurance payments (contributions) employers under contracts of insurance entered into in favour of workers with insurance organizations;
amount of additional payments during the work shift, established by the legislation of Turkmenistan;
labour costs for donor screening, blood donation days and rest provided after each day of blood donation;
remuneration of employees in the State of the legal person for performance of works (services) according to the contracts of civil-law measures, except for payments to individuals who are entrepreneurs. In doing so, the amount of remuneration is not included the price of material costs associated with performance of works (services);
expenses as deductions to the reserve for the next payment of employees leave and (or) in the reserve for payment of annual remuneration based on seniority;
other types of expenditures made in favor of the employee, as provided by the employment contract (contract) and (or) a collective agreement (the agreement), as well as the legislation of Turkmenistan.
2. The costs of remuneration taken as deductions, do not include: financial assistance;
transportation to the place of work, special public transport routes, departmental transport;
price differences for products (works, services) provided to workers a legal entity or a subsidiary sold to households of catering entity;
the cost of permits for treatment or recreation, excursions or trips, sports clubs, groups or clubs, visits of entertainment or sports (sports) events, subscriptions, not related to subscribing to the normative-technical and other used for production purposes, and for payment of goods for personal consumption by employees, as well as other similar expenditures incurred in favor of workers.
 
Article 157. Depreciation deductions 1. Expenses (costs) of a taxpayer includes depreciation on fixed assets and intangible assets used by the taxpayer for income.
Cost of capital nature are included in expenditures (deductions) of the taxpayer through depreciation.
Amortisation on intangible assets are recorded as deductions only subject to the conditions established by the legislation of Turkmenistan, and confirmation of their actual use for income.

Expenses (costs) of a taxpayer does not include depreciation and amortization related to the positive difference arising from revaluation of fixed assets (funds) in accordance with the legislation of Turkmenistan and international financial reporting standards (IFRS). (Part one of article 157 paragraph added, which applied for the period from December 31, 2012 year-Turkmenistan law dated 2.03.2013 № 378-IV).
2. for the purposes of calculating the profit (income) from the membership of the depreciable property excluded assets acquired free of charge, as well as property non-entrepreneurial legal entities, budgetary organizations and public associations, even if it is used for generating income.
The cost of depreciable assets not included costs of capital nature are expressly set out in this code as taken as deductions.
3. Assets transferred in rent (rent), depreciation charges are incurred by the lessor (landlord).
The property transferred to leasing, amortization charges are incurred by the lessee.
During operation of the customer of the construction, is not entered in the prescribed manner or not admitted to register as fixed assets, depreciation charges are included in the deductions as for registered fixed assets. The specified is used in other similar cases.
4. For the calculation of depreciation apply order and norms established by the legislation of Turkmenistan and of the present article.
 (As amended by the law of Turkmenistan on March 17, 2008 and March 2, 2013-Statements of the Mejlis of Turkmenistan, 2013, no. 1, art. 7) Article 158. Other costs and losses associated with the production and marketing of goods (works, services) in other costs and losses associated with the production and sale of goods, works, services include: payment for land;
remuneration for inventions and rationalization proposals;
costs in the form of interest on debt obligations of any kind;
Temporary disablement allowances and other social benefits, established by the legislation of Turkmenistan and paid to employees by the employer;
benefits granted to employees when moving to a new place of work;
rent, lease payments in accordance with article 166 of the present code;
expenditure on food rations of crews of maritime, River and air vessels within the rules, approved by the Cabinet of Ministers of Turkmenistan;
cost of services of employees (personnel) by third-party entities;
representation costs related to official reception and service representatives of other legal entities participating in the negotiations in order to establish and maintain cooperation, but not more than 1 per cent of gross income;
communication services;
the costs of auditing, legal, consulting, information and other administrative services;
the amount of fees and other similar expenses for third-party legal entities and individual entrepreneurs work (services);
costs of office supplies;
spending on advertising produced (acquired) and (or) sold goods (works, services), the activities of the taxpayer, trademark and service mark, including participation in trade fairs and exhibitions;
expenditure on training and retraining of their employees;
the cost of an organized set of employees;
expenditure on safety and security, ensuring the normal working conditions (costs of property protection services, fire prevention, safety and other related costs associated with the maintenance of premises and equipment of health posts, being directly on the legal entity's territory, and other such expenses);
losses from shortage of received material resources within the norms of attrition;
losses from marriage;
losses from downtime on internal activity allocation reasons;
costs for property insurance and other types of insurance, except those listed in part 1 of article 154 and part 1 of article 156 of this code;
contributions to the repair reserve fund production costs for preparatory work in seasonal industries, as well as reserve upcoming costs of repair items rolled;
expenditure on training and the development of new industries, departments and units;
nekapital′nogo nature of expenditure related to the improved technology of production organization and management;
the cost of warranty repairs and service;
the cost of maintaining the camps and camps enterprises operating work rotational manner, including housing and social objects;
expenditure on research and development;
natural resources development costs;
travel expenses within the norms established by the Cabinet of Ministers of Turkmenistan. These costs include: the employee's travel to the place and back to your regular job; hiring of residential premises per diem (payments); processing and issuance of visas, passports, invitations and other similar documents; consular, airport taxes, fees for the right of entry and other similar fees and charges;
recruitment costs housing for invitees;
benefits for incapacity for work due to work-related injuries, payable in accordance with the legislation of Turkmenistan;

the sum of the port and airport taxes, costs of the pilot and other similar expenses;
sea freight, charges for entry and transit and other similar payments;
fees and charges for the right to perform certain activities (fees for registration of legal entities, licensing and other fees);
the costs of certification of products (goods, works, services);
payment for bank services;
other costs associated with the production and sale of goods (works, services), but not related to the above costs.
In other costs and losses associated with the production and marketing of goods, performance of work, provision of services, also included the amount of value added tax on fixed assets under construction objects and intangible assets that are not accepted for credit in accordance with paragraph four of article 110 of the present code.
(As amended by the Act of March 17, 2008)
 
Article 159. Extraordinary expenses (loss) the unrealized (losses) costs include costs of activities not directly associated with the production and (or) realization of goods (works, services). Such costs include: costs of content transferred lease (leasing) property (including depreciation on the property) for legal persons, this activity is not a major;
the negative difference between the cost of the sale and purchase of securities;
cost of issuance of own securities and purchased securities;
negative exchange differences on foreign exchange operations, as well as the devaluation of currency values and requirements or when the impairment of obligations denominated in foreign currency; negative difference occurring by the taxpayer, if the amount of the liabilities and claims, calculated according to the rate agreement rate to foreign currencies on the date of implementation (posting) of goods (works, service), property rights, does not correspond to the actually received (paid) the amount in manats;
deductions for the formation of a reserve for doubtful debts;
the costs of eliminating the output from the operation of fixed assets including amounts not to have accrued depreciation, as well as the cost of eliminating objects under construction and other property, whose installation is not complete, protection of the subsoil and other similar works;
costs associated with conservation and raskonservaciej of the production capacity and facilities, including the cost of canned production facilities and objects;
case-related costs in the kazyeta;
the cost of the cancelled production orders, as well as production costs, not providing the products;
losses on operations with Tara;
fines, penalties and other kinds of financial sanctions, with the exception of paid to the State budget of Turkmenistan or the budget of another State as well as costs for reimbursement of damages;
the amount of value added tax relating to the delivered commodity and material values, works, services, if accounts payable (liabilities to creditors) on such delivery deducted during the period under review, in accordance with paragraph "w" part 2 of article 149 of this code;
the costs of annual meeting of shareholders;
receivables written off in connection with the expiration of the limitation period or on other grounds;
amounts paid in satisfaction of the debt previously written off;
expenses (loss) of previous tax periods identified in current reporting (tax) period;
losses from downtime on internal activity allocation reasons and not reimbursable culprits losses from downtime due to external causes;
losses from natural disasters, fires, accidents and other emergencies, including costs related to the prevention or elimination of consequences of natural disasters or emergencies. Losses on disposal of fixed assets for these reasons shall be determined in accordance with article 160 of the present code;
losses from losses and/or damage to inventory over the norms of attrition, as well as losses from theft in the absence (nonestablishment) perpetrators; losses on the transaction cession;
part balansoderžatelem rental deductions per cent, the State budget of Turkmenistan in enumerated when renting State property in accordance with the legislation of Turkmenistan;
damages received by participant in the partnership for performance of such company;
other costs not directly associated with the production and (or) realization of goods (works, services).
(As amended by the law of Turkmenistan on April 18, 2009-Statements of the Mejlis of Turkmenistan, 2009 г., no. 2, p. 41) Article 160. Deductions taken on the disposal of fixed assets and intangible assets 1. On the disposal of fixed assets and intangible assets (including their donation) is deductible from gross income the difference between the original (book) value of the property and the amount of the depreciation calculated for the period of their use.
2. the procedures specified in part 1 of this article shall apply also in respect of retired fixed assets and intangible assets for which received compensation from those responsible for the damage caused when their theft or damage, as well as indemnity.
 
Article 161. Repair expenses of fixed assets
 

1. costs for repairs of fixed assets taken deductions include costs of spare parts and consumables used for the repair, the cost of workers carrying out repairs, and other expenses related to the specified repair in-house, as well as taking into account the cost of the work performed by third-party forces.
2. the provisions of this article shall also apply in respect of the costs of the lessee for repair of the leased fixed assets, if the contract (Agreement) between the tenant and the landlord reimbursement of those costs by the landlord.
3. taxpayers have a right to create reserves for the coming renovation of fixed assets.
Deductions to the reserve for future expenses for renovation of fixed assets for the tax period shall be written off to expense in equal instalments on the last day of the reporting (tax) period.
If the taxpayer establishes an allowance for future expenses for renovation of fixed assets, the amount actually carried out the repair costs shall be debited at the expense of the specified reserve.
If the sum of the cost of actually carried out repairs of fixed assets in the tax period exceeds the amount of the set-aside of future costs for the repair of fixed assets cost balance for tax purposes is included in other expenses in the fiscal period end date.
If at the end of the tax period, the reserve balance of future costs for the repair of fixed assets exceeds the amount actually carried out in the current tax period, the cost of repairs of fixed assets, the amount of such exceedances to the last date of the current fiscal period for tax purposes is included in the income of the taxpayer.
(As amended by the law of Turkmenistan on April 18, 2009-Statements of the Mejlis of Turkmenistan, 2009 г., no. 2, p. 41) article 162. Natural resources development costs 1. Natural resources development costs are recognized as expenses of a taxpayer for geological exploration of mineral resources, mineral exploration, works preparatory nature.
These costs also include deductions taxpayers engaged in the extraction of natural gas or associated gas as well as oil exploration work performed by others in amounts and pursuant to the procedure established by the Cabinet of Ministers of Turkmenistan. (Turkmenistan law dated 18.04.2009 g. provides that additions and changes to the second part of article 70, part of the fifth article 88, in the first part of article 162 of the tax code of Turkmenistan shall apply for the period from November 1, 2004).
2. Natural resources development costs (including those that did not give a positive result) should be included in the composition of other expenses, if the source of their funding are not the State budget of Turkmenistan and (or) public sector funds.
Natural resources development costs relate to tax (accounting) period in which such work.
(As amended by the law of Turkmenistan on April 18, 2009-Statements of the Mejlis of Turkmenistan, 2009 г., no. 2, p. 41) article 163. Expenditure on research, design and development work from gross income are deductible expenses for research, design and development work (including those that did not yield a positive result), except for the cost of acquisition of fixed assets, installation and other costs of a capital nature.
 
Article 164. The costs of providing banking services to the costs for the provision of services to banks, other than those referred to in articles 154-163 of this code (deductions taken for determining profits) are also available: 1) interest accrued on: a) bank deposit agreements (deposit) and for using money means on accounts;
b) its own debt obligations (bonds, deposit or savings certificates, promissory notes or other obligations), including in the form of a discount;
inter-bank credits), credit transfers between the Bank and its subsidiaries, as well as between branches of the same bank;
g) acquired credit refinancing, including purchased on auction basis in the order established by the Central Bank of Turkmenistan;
d) delayed (prolonged) interbank credits in accordance with the established procedure, as well as credits, delayed by the decision of Cabinet of Ministers of Turkmenistan;
2) fees paid for services and correspondent relations, including on settlement-cash servicing of clients, opening them to accounts, charge other banks for settlement and cash servicing and other similar expenses;
3) costs of foreign exchange transactions, including fees (fee) for purchase (sale) of foreign currency, and the costs of managing and protecting against currency risks;
4) expenses for implementation of operations with precious metals and precious stones;
5) interest or fees paid or returned by calculations in the past in relation to the tax period of years;
6) costs: (a) lease of fixed assets), including parts thereof, used for the implementation of banking activities, including road transport for revenue collection and special vehicles for transportation of bank documents and valuables, as well as intangible objects, including a brokerage place;

b) telecommunication services under the Bank's operations and customer service, including facsimile and satellite communications;
in) cash services and computing centres;
7) costs of forfeiting, factoring operations and asset management funds and other property under agreement with individuals and legal entities;
8) transfer costs of pensions and allowances;
9): costs and manufacturing, acquisition) and (or) forwarding forms, magnetic and other holders of banking information, as well as strict accounting forms, cheques, kvitancionnyh, deposit and other books, packaging materials for banknotes and coins;
b) manufacturing and introduction of means of payment (credit cards, travellers ' cheques and other payment means);
10) costs for the collection of banknotes, coins, checks and other cash-payment documents, as well as costs of packaging (including acquisition of cash), transport, forwarding and (or) belonging to the Bank or its delivery to customers;
11) costs of repair and/or restoration of collection bags and bags for transport and storage of values, as well as on their acquisition or replacement of dilapidated;
12) cost to build the Fund guarantees individuals ' deposits.
 
Article 165. The costs of the provision of insurance services at costs that are included in the costs of providing insurance services to legal entities, other than those referred to in articles 154-163 of this code (deductions taken for determining profits) are also available: insurance premiums on treaties, transmitted reinsurance risks;
payment of the sum insured and insurance indemnities under contracts of insurance; reparation share insurance payments for inward reinsurance contracts;
commissions and bonuses paid to reinsurance operations;
costs associated with the placement of insurance reserves;
commissions paid to insurance brokers, agents, surveyors (Russian) and an emergency Commissioners and other legal and natural persons for their services related to insurance activities;
costs associated with the manufacture, production, reception, storage, shipment and introduction of insurance certificates-policies of strict accounting forms, receipts and other documents necessary to ensure the insurance activity;
the cost of funding for the prevention of accidents up to 15 percent of the premiums;
contributions to insurance reserves for insurance contracts, reinsurance and co-insurance within the norms established by the Ministry of Finance of Turkmenistan.
 
Article 166. Distinctions of determining profits at leasing 1. When letting property in leasing in the lessor's gross income included a portion of the lease payments in excess of the cost of acquisition or construction cost, production assets transferred to leasing.
The deductions of the lessor shall include expenditures specified in articles 154-158, excluding the cost of acquisition or construction cost, production assets transferred to leasing.
2. the lessee shall be deducted from gross income the portion of the lease payments in excess of the cost of acquisition or construction cost, production of property leasing.
The gross income of the lessee deductible depreciation charges on fixed assets (property).
 
Article 167. Losses from the taxpayer's activity Under losses from the taxpayer's activity refers to an excess of deductions laid down in articles 154-166 of the present code on gross income, calculated in accordance with articles 149-153, 166 of the present code.
Losses are carried forward to subsequent tax (accounting) periods, but not more than three years, and shall be deducted from the gross income of a subsequent period.
 
Article 168. Classification of revenue reporting (tax) period 1. Revenues from sales of goods, works, services have been received in the reporting (tax) period in which made the shipment (delivery) of goods, performed works, rendered services, regardless of the actual receipt of payment in the form of money or other property (works, services).
Banks ' profits as a percentage of the properties on their own behalf and for its own account of the Bank attracted funds, credit and loans are recorded in the reporting (tax) period in which they paid or owed to the taxpayer paid otherwise.
Insurance premiums (contributions) under contracts of insurance, co-insurance and re-insurance is included in income in the reporting (tax) period in which the insurance contract has been concluded, except in cases where the payment is made on it. In this case, premiums (contributions) are included in income as they are received or owed to the taxpayer paid otherwise.
Shortages of goods when determining over norms of attrition, recognized the implementation of goods in accordance with part 7 of article 97 of the present Code, income recorded in the reporting (tax) period in which it was revealed.
2. shipment (delivery) of goods is considered to be manufactured, the work is completed, and service-provided by: a) if the taxpayer has complied with all the obligations arising from the transaction or contract obligations, and the corresponding amount is subject to an unconditional payment of (reimbursable) taxpayer, even if time meet this law delayed, or if payments are made by instalments;

b) when providing taxpayer services-since the completion (including staggered) provision of services arising from the agreement.
3. Revenue under long-term contracts are reflected in each tax (accounting) period in accordance with their actual performance. Under long-term contracts means any contracts that have not been completed within three months. Contracts for sale of goods specified applicable on goods, production cycle manufacturing unit which is not completed within three months.
4. When selling goods on Commission agreement and other similar treaties committent taxpayer date of receipt of income from the sale of acknowledged ship date (transfer) consumer Commissioner-owned asset specified in the notification agent on the implementation and (or) in the report of the Commission.
5. Unrealized income receiving income are recognized: the day of receipt of the payment by the taxpayer, as well as the repayment of debts owed to the taxpayer otherwise-for income specified in paragraphs «а»-«f» part 2 article 149 of this code. Gross income those amounts are included regardless of whether received payment by the taxpayer or by a third party under his direction;
the day of the termination of the right to income requirements specified in paragraph "w" part 2 of article 149 of this code;
day of operations with foreign currency or foreign currency rate changes day-by income specified in paragraph "and" part 2 of article 149 of this code;
the last day of the reporting (tax) period in which the event occurred, leading to the formation of income-income specified in clauses "to"-"p" part 2 of article 149 of this code.
6. income denominated in foreign currencies, for tax purposes are converted to manats according to the official exchange rate set by the Central Bank of Turkmenistan on the date of receipt of the corresponding income.
(As amended by the Act of March 17, 2008)
 
Article 169. Allocation of deductions to the reporting (tax) period 1. Deductions allowed in the reporting (tax) period to which they relate, regardless of when the actual cash payment and (or) other forms of payment, unless otherwise provided for in this article.
Under long-term contracts, for work with the seasonal nature of the activity and in the other cases, deductions are taken in the reporting (tax) period to which the expenses relate, based on the principle of equitable and proportional the formation of income and expenses in the manner determined by the Ministry of finance and the State tax service of Turkmenistan.
2. the amounts of taxes and pension contributions for compulsory pension insurance and compulsory professional pension insurance are accepted as deductions in the reporting (tax) period for which they are assessed. (Part two article 169 amended, which applied for the period January 1, 2013 year Turkmenistan law dated 02.03.2013 № 378-IV).
3. dividends and other income from equity participation in other legal persons that were previously taxed at the source of payment in Turkmenistan, accepted as deductions in the reporting (tax) period in which they are received.
4. income from gambling activities are accepted as deductions in the reporting (tax) period for which they are received.
5. Material expenses accepted as deductions in the reporting (tax) period in which: goods intended for further sale, shipped (transferred) to purchasers (trade);
commodity and material valuables transferred to production;
signed by the taxpayer acceptance-transfer or other document confirming the execution of works, rendering services.
Payments for maximum allowable emissions (discharges) of pollutants into the natural Wednesday relate to tax (accounting) period in which they are implemented.
6. Labor costs are recognized as deduction in the reporting (tax) period for which produced.
7. Depreciation and amortization are recognized as deduction in the reporting (tax) period for which they are assessed.
8. other expenses and losses, as well as extraordinary expenses and losses are included in the deduction accordingly in the reporting (tax) period: for which they are issued (to which they relate)-if known;
When the obligation to pay-if it is not possible to determine the period for which they are assessed. Payment obligation arises at the moment of receipt of the goods, the end of the execution of works and provision of services (including staggered) and presentation of documents that serve as the basis for calculations.
Losses from the shortage, marriage, outages, natural disasters, fires, accidents and other emergencies, as well as losses on operations with containers are included in the deductions in the reporting (tax) period in which they are identified.
Repair expenses of fixed assets relate to tax (accounting) period in which the repair was carried out, taking into account the peculiarities stipulated by article 161 of the criminal code.
The negative difference between the cost of the sale and purchase of securities included in deductions in the reporting (tax) period in which it arises.
Losses arising from changes in currency exchange rates, are the tax (accounting) period in which there was a change in exchange rates.

The amount of value-added tax on commodity property, works, services, accounts payable for which written off included in deductions in the reporting (tax) period in which they are written off. Amounts written off receivables included in deductions in the reporting (tax) period in which they are written off.
Amounts paid in satisfaction of the debt previously written off are included in deductions in the reporting (tax) period in which they paid.
Expenses (loss) of previous tax periods identified in current reporting (tax) period, are included in the deduction of current reporting (tax) period.
Damages received by participant in the partnership for performance of such partnership, accepted as deductions in the reporting (tax) period in which they are distributed among the participants.
9. Funds payable in foreign currency reserve of the Government of Turkmenistan, accepted as deductions in the reporting (tax) period in which they are payable.
(As amended by the law of Turkmenistan on May 21, 2011 and March 2, 2013-statements of the Mejlis of Turkmenistan, 2011, no. 2, p. 45; 2013, no. 1, art. 7) article 170. Benefits on income tax 1. From the payment of income tax exempt: capital pension funds;
organizations engaged in rehabilitation of the disabled;
educational institutions;
businesses public associations of persons with disabilities;
religious organizations;
agricultural enterprises;
resident legal entities of Turkmenistan or non-resident legal persons of Turkmenistan, providing circus services;
International, intergovernmental, intergovernmental organizations, except for income derived from business activities.
This exemption does not apply to profits derived from the sale of excisable goods, as well as on certain types of income specified in parts two and three of article 172 of the criminal code.
The persons referred to in this part, if they are legal entities private form of ownership (except for entities carrying out activities in accordance with the Turkmenistan law "on hydrocarbon resources"), relating to the subjects of small and medium-sized businesses are exempt from payment of tax on income at the rate established by the fourth part of article 172 of the criminal code.
2. Taxable income is reduced by the amount of: profit from activities in the area of education;
profits earned by legal persons engaged in agricultural production, from the sale of such products, except for the products of the previous industrial processing;
profits earned from enrollment services, including accommodation, catering, provision of individual household and medical and health services, the Organization of entertainment (except gambling) and other tourist services on the territory of national tourist zones, as well as the provision of services related to the management and operation of the tourist industry on the territory of national tourist zones. These benefits are also provided to persons in the prescribed manner the status of subjects of national tourist zones, and in the provision of such services outside the territory of the national tourist zones;
gains derived from the performance of works (provision of services) related to the construction of new facilities for reception of tourists and their infrastructure in the national tourist areas or outside them, exclusively for purposes of tourist areas;
the profits earned from the sale of legal entities they produced poultry meat and quail (food and non-food by-products), and also the products of their processing,-during the first three years from the date of registration of an investment project.
the profits earned from the production of prosthetic and orthotic devices and special vehicles for the disabled.
profit correctional facilities and their production companies from the sale of the goods they produced.
the profits earned from the sale of State-owned enterprises produced their rechargeable products. (Made by Supplement comes into force from the day of official publication and acts on December 31, 2018 year inclusive-Turkmenistan law dated 21.11.2015 № 312-V).
3. taxpayers shall keep separate accounting of profits, to be freed from taxes on profits. If you cannot define the individual elements needed to calculate deductions, such profits, they can be defined using the ratio of income from realization of goods (works, services) adopted for the calculation of benefits, total gross income from realization of goods (works, services).
(As amended by the law of Turkmenistan dated October 1, 2007, April 18, 2009 12 March and 10 May and September 25, 2010, August 18 and November 21, 2015-statements of the Mejlis of Turkmenistan, 2007, no. 4, p. 68; 2009 г., no. 2, p. 41, 2010, no. 2, p. 34, no. 3, art. 45;, no. 2015 _ Church _; # _ calendar _) Article 171. Tax base 1. Tax base for the income tax is the taxable profit for the reporting (tax) period, less the amount of benefits stipulated in article 170 of this code.
The tax base for corporate income tax is determined based on the results of each reporting period, the cumulative total since the beginning of the tax period.
In case during the reporting period the taxpayer (tax) received the loss, in this period, the tax base is recognized as equal to zero.

2. The tax base for income derived from participation in the partnership is determined by using the following features.
Accounting of income and expenses of the partnership to determine the taxable profit can be attributed to one of the participants, a resident of Turkmenistan. Such records are maintained separately from activities not carried out in the composition of the partnership.
In determining the tax base consisting of deductions to be taken into account for the determination of taxable profit, does not take into account the expenses incurred by the partnership for the purposes of joint activities, unless the contract provides for the allocation of partnership profits (losses).
3. The tax base for individual types of income taxed at different tax rates, ignored separately and shall be determined in accordance with this article.
Income in kind are recorded on the basis of the transaction value in accordance with articles 36 and 150 of this code.
4. Tax base for income from dividends and other funds from equity participation in other legal persons are assessed the amount of such funds, whose source is Turkmenistan, without reduction for the amount of deductions. In these earnings do not include dividends and other funds from equity in the distribution of the profits earned from the provision of services for the reception of tourists, including accommodation, catering, provision of individual household and medical and health services, the Organization of entertainment (except gambling) and other tourist services on the territory of national tourist zones, as well as the provision of services related to the management and operation of the tourist industry on the territory of national tourist zones.
5. Income from gambling activities, income tax is set at a fixed value, calculated depending on the number of slot machines (gaming tables), the number of seats or floor space used for this activity, in accordance with article 172 of the criminal code.
6. Tax base for legal persons of private ownership (except for entities carrying out activities in accordance with the Turkmenistan law "on hydrocarbon resources"), relating to the subjects of small and medium-sized enterprises in accordance with the Turkmenistan law "on State support of small and medium enterprises", is the sum of gross income determined in accordance with article 149 of this code, without reducing it to the amount of the deduction (except for deductions set the points "b", "c", "d", the second part of article 154 of the present Code).
In specified income does not include: income received by legal persons engaged in agricultural production, from the sale of such products, except for the products of the previous industrial processing;
income derived from the sale of legal entities they produced poultry meat and quail (food and non-food by-products), and also the products of their processing,-during the first three years from the date of registration of an investment project;
income generated from the production of prosthetic and orthotic devices and special vehicles for the disabled.
7. The tax base shall be adjusted in cases stipulated by article 35 of the present code.
(As amended by the law of Turkmenistan dated October 1, 2007, March 17, 2008, April 18, 2009, March 12 and May 10, 2010-statements of the Mejlis of Turkmenistan, 2007, no. 4, p. 68; 2009 г. № 2, art. 41; 2010 г., no. 2, p. 34) article 172. Tax rate 1. Income tax rates are established at the rate of 8 per cent:-for legal entities-residents of Turkmenistan (except legal entities which statutory fund share, exceeding 50 percent State-owned, as well as in addition to the persons carrying out activities in accordance with the Turkmenistan law "on hydrocarbon resources"-part of the profits from these activities and related sales transactions ");
20 per cent for other legal entities.
2. The tax rate on income from dividends and other funds from equity participation in other legal persons is established at a rate of 15 per cent.
3. Income from gambling activities, establishes the following rates: for every slot machine-30 manats per day;
-per each gambling table 370 manats per day;
for each seat-7 manats per day or for every square meter of premises used for this activity-3 manats per day or per each cashier payment acceptance-38 manats per day.
If the implementation of a particular type of gambling activities can be applied different rates of tax, the tax rate is applied, causing the greatest amount of tax.
4. income tax rate on the income of persons referred to in the part of the sixth article 171 of this code is set at 2 per cent.
(As amended by the law of Turkmenistan on March 17, 2008, May 10, 2010 and May 23, 2015-statements of the Mejlis of Turkmenistan, 2010 г., no. 2, p. 34; 2015, no. 2, p. 71) Article 173. Tax and reporting periods tax period for income tax (income) is set to the tax year and accounting period-first quarter, first half of the year, nine month and fiscal year.
Tax and reporting periods for tax on income from gambling activities, are set to the calendar month.
 
Article 174. Define the sales tax amount
 

1. Income taxes as well as income from gambling activities, amounts to taxpayers alone.
Tax on income from dividends and other funds received from equity participation in other legal persons shall be calculated and withheld tax agent with each payment. Payment of the termination requirements shall be recognized in any form.
In respect of these income tax agent recognized by legal persons who have obligations to pay such proceeds, residents of Turkmenistan.
2. the amount of tax on profits of legal persons is calculated as the product of the tax base determined in accordance with part one of article 171 of this code, the tax rate established by part one of article 172 of this code, for the first quarter, first half of the year, nine months and tax year.
Actors representing interim financial reporting, pay for tax accounting period in the form of advance payments in the following order: for the first month of a quarter-in the amount of advance payments, calculated for the last month of the previous accounting period;
for the second and third months of the quarter-in an amount equal to 1/3 of the actual amount of tax calculated during the past reporting period, reduced by the amount of tax for a preceding reporting period of the year, and taking into account article 39 of this code.
Actors representing intermediate simplified financial statements shall be made during the accounting period in the form of tax advance payments in the following order: for the first month half-in the amount of advance payments, calculated for the last month of the previous accounting period;
for the second and remaining months half-in an amount equal to 1/6 of the actual amount of tax calculated during the past reporting period, reduced by the amount of tax for a preceding reporting period of the year, and taking into account article 39 of this code.
In the amount of advance payments, calculated for the last month of the previous reporting period, are paid and payments in the reporting period, in cases where at the time of their period of payment has not yet been reached, completion of tax declaration for the previous reporting period, or whether such a tax declaration by the taxpayer was not drafted and submitted to the tax office.
If advance payments, calculated in the order listed above have significant differences with the size of the tax on profits of legal persons, defined on the basis of projected (supposed) tax base, the advance payments to be made to the State budget of Turkmenistan may be installed in the internal revenue service on the basis of projections.
In this case the taxpayer within the period before the next quarter (half-year) represents the tax service in place of tax accounting information about the amount of projected tax base for the coming quarter (half-year).
For entities that represent the interim financial statements, the amount of tax on profits of legal persons, if any, payable to the State budget of Turkmenistan for the first quarter, is determined by taking into account the estimated advance payments during that period, and for half a year, nine months and the tax year-taking into account the advance payments in the last quarter and tax calculated (installed) for the quarter prior to this reporting period this year.
For actors from staging simplified financial statements, the amount of tax on profits of legal persons, if any, payable to the State budget of Turkmenistan for the first half of the year, is determined by taking into account the estimated advance payments during that period, and for the tax year-taking into account the advance payments of the second half and tax calculated (installed) for the first half of this year.
3. the amount of tax on the income in the form of dividends and other funds received from equity participation in other legal persons, tax agent as a product tax base determined in accordance with part 4 of article 171 of this code, the tax rate established by part 2 of article 172 of the criminal code.
4. the amount of tax on the revenues derived from gambling activities, is calculated as the product of monthly tax rates established by part 3 of article 172 of the present Code, the actual amount of the corresponding indicator and the number of days worked during the reporting period.
When calculating the tax on these types of income are not taken into account the existence of tax incentives or tax exemptions.
5. the amount of tax on the income of persons referred to in the part of the sixth article 171 of this code shall be calculated as the product of the tax base determined in accordance with part six article 171 of this code, the tax rate established by the fourth part of article 172 of the criminal code.
(As amended by the law of Turkmenistan on May 10, 2010, May 21, 2011 and May 23, 2015-statements of the Mejlis of Turkmenistan, 2010 г., no. 2, p. 34; 2011, no. 2, p. 45; 2015, no. 2, p. 71) Article 175. Payment of tax on profit (income) 1. Tax on the profit, calculated in the manner set out in part 2 of article 174 of this code, shall be paid as advance payments-25 of each month of the tax year;
in the first quarter, first half of the year, nine months of the fiscal year-in five-day's term from the date set for the submission of the tax return for the income tax for the periods.

2. Tax on income, calculated in the manner prescribed by part 4 of article 174 of this code, shall be paid no later than 25 day of the month following the reporting period.
3. Tax on income, calculated in the manner prescribed by part 5 of article 174 of this code, shall be paid in the first quarter, first half of the year, nine months of the fiscal year-in five-day's term from the date set for the submission of the tax return for the income tax for the periods.
4. persons acting as tax agents carry out payment of the retention money income tax to the State budget of Turkmenistan within the period stipulated for the withholding tax in accordance with part one of article 180 of the criminal code. When payments abroad, payment of retention monies in tax is 15 days from the date set for the withholding tax.
(As amended by the law of Turkmenistan on May 10, 2010, May 21 and August 4, 2011-statements of the Mejlis of Turkmenistan, 2010 г., no. 2, p. 34; 2011, no. 2, p. 45, no. 3, art. 59) article 176. Submission of tax return 1. Tax declaration for income tax (income) is submitted within the time limits specified for delivery of financial statements.
Tax return in respect of tax on income derived from gambling activities is presented in the tax service on site tax accounting for up to 20 of the month following the reporting period.
2. Tax agents in up to 20 of the month following the month in which the income was paid, are required to submit to the tax authority at the place of its tax accounting information on legal persons, which are paid in dividends income and other funds received from equity interest amounts calculated, withheld and listed in the State budget of Turkmenistan tax on income under the form established by the main state tax service of Turkmenistan.
Tax return is not submitted for budget organizations reporting (tax) period in which no object of taxation.
 
Article 177. Features of calculation and payment of tax by separate legal entities, the computation of the tax on profits of legal persons carrying out activities in accordance with the Turkmenistan law "on hydrocarbon resources" shall be in accordance with the provisions of this Act. Accounting and tax period for such persons is the tax year. Deadlines for the submission of tax returns and payment of tax for them shall be established in accordance with the provisions of the Treaty.
Duties of tax agents persons, who are contractors and subcontractors in accordance with the Turkmenistan law "on hydrocarbon resources", is carried out in accordance with this code.
Foreign legal entities performing activities in accordance with the Turkmenistan law "on hydrocarbon resources", submitted the Declaration for income tax (income) of legal persons indicate the tax base in foreign currency. The tax base for calculating the tax is recalculated in manats at the official rate of the Central Bank of Turkmenistan on the last day of the accounting period. Calculated tax tax base is calculated also in manats.
Payment of tax on profit (income), including through tax agents, these taxpayers may be in foreign (hard) currency. In this case, the amount of tax payable in a foreign currency is determined on the basis of the calculated tax amount in local currency through its conversion into foreign currency at the official rate of the Central Bank of Turkmenistan, effective on the payment date.
 (As amended by the law of Turkmenistan on March 17, 2008 and April 18, 2009-Statements of the Mejlis of Turkmenistan, 2009 г., no. 2, p. 41) Article 178. Tax on profit (income) paid outside Turkmenistan, the amount of tax on profit (income) paid by a legal entity resident in Turkmenistan outside Turkmenistan, in accordance with the tax legislation of other States shall pay tax on profit (income) in Turkmenistan. Specified refers to the amount of tax on profit (income), which by virtue of the contract (Agreement) for the avoidance of double taxation and in accordance with established procedural rules may not be refunded to the taxpayer.
Amount of qualifying tax cannot exceed the amount of tax on profit (income) calculated in accordance with this code in respect of profit (income) received outside Turkmenistan.
The basis for offsetting the tax documents or other authorized body of the foreign States, confirming the fact of paying tax outside Turkmenistan.
(As amended by the Act of March 17, 2008)
 
§ 2. Taxation of non-resident legal entities of Turkmenistan Article 179. Distinctions of taxation of non-resident legal entities of Turkmenistan, operating on the territory of Turkmenistan through the permanent representation 1. Legal entities-non-residents of Turkmenistan, operating in the territory of Turkmenistan through the permanent representation, produce calculation of tax on profit (income) tax return and pay tax in the manner prescribed by articles 149-177 of this code.

2. in determining the taxable profit (income) of a legal entity of a non-resident of Turkmenistan, operating on the territory of Turkmenistan through the permanent representation, the following features: gross income included only that part of the income received in connection with activities in the territory of Turkmenistan and attributable to such permanent establishment;
gross income included income from the sale of shares of the legal entities of Turkmenistan (the right of participation of the enterprise), the property of which consists principally of property located on the territory of Turkmenistan and to the Permanent Mission;
not included in the gross income income earned on foreign economic operations, including direct foreign trade goods deliveries effected not through a permanent establishment situated therein;
from gross income are deductible expenses incurred in connection with activities in Turkmenistan, regardless of whether those costs incurred in Turkmenistan or beyond. Such costs may not include managerial and general administrative costs incurred by the main governing body of the foreign legal entity outside Turkmenistan, unless otherwise provided by international treaties (agreements) of Turkmenistan on the avoidance of double taxation;
income attributable to such permanent establishment shall be consistent with that which would be received separate independent legal person engaged in such activities in the same conditions.
3. If a legal person-non-resident of Turkmenistan operates both in Turkmenistan and abroad, and in so doing does not separate accounting of income and/or expenses, as well as individual components to determine the profit from activities carried out through the Permanent Mission, the amount of profit can be determined on the basis of agreed upon by the taxpayer with the internal revenue service at the place of its accounting as a taxpayer.
4. If the taxpayer is a legal person-non-resident of Turkmenistan receives income specified in the second part of article 180 of the present Code, the withholding tax is not made, the person paying income only upon presentation of written confirmation of service tax on the place of registration as a taxpayer that at the time of issuance of this confirmation, the provision of services (works) leads to the formation of a permanent establishment situated in the territory of Turkmenistan and payable income received in connection with the activities on the territory of Turkmenistan, refers to such permanent establishment.
5. If the activities of legal entities of Turkmenistan in Turkmen territory leads to the formation of several permanent missions, tax base and tax amount calculated for each of them separately. This does not apply to such activities within a single process.
6. When the sum of the gross income of a foreign legal entity carrying out activities on the territory of Turkmenistan through the permanent representation, the proceeds from which, in accordance with article 180 of this code was withheld and remitted tax to the State budget of Turkmenistan, the amount of tax payable is reduced by the amount of tax withheld.
7. Foreign legal person exercising activities in Turkmenistan through the permanent representation, the right to take into account, when determining the taxable base oplatutruda expenses of employees of the Permanent Mission, produced mainly by the governing body in accordance with the labor contract (Agreement) and, in accordance with the provisions of article 156 of this code.
It also has the right to consider labor costs and travel expenses of the employees sent the main governing body for the performance of duties in the short-term and long-term measures to the permanent representation, provided that such costs should not be included in the composition of management and general administrative costs.
Travel expenses shall be taken: in the actual amounts for legal entities-residents of foreign States with which Turkmenistan has a contract (Agreement) for the avoidance of double taxation;
within the norms established by the legislation of Turkmenistan-in other cases.
8. No expenditure of foreign branches and representative offices of foreign legal entities may not be taken into account as a deduction in determining taxable profit relating to his activity in the territory of Turkmenistan through the permanent representation. The exceptions are expenses directly related to the activity in Turkmenistan, which do not count as an expense in determining the profits of such branches and representative offices abroad, which must have a corresponding documentary proof (e.g., auditor's conclusion), and provided that they maintained separate records.
(As amended by the law of Turkmenistan on March 17, 2008 and April 18, 2009-Statements of the Mejlis of Turkmenistan, 2009 г., no. 2, p. 41)
 

Article 180. Distinctions of taxation of non-resident legal entities of Turkmenistan, receiving income from sources in Turkmenistan 1. When you receive income from a source in Turkmenistan from activities not leading to the formation of permanent representation in the territory of Turkmenistan, and the receipt of other income from a source in Turkmenistan are withheld income tax tax agent with gross income of the taxpayer without deductions, excluding value added tax (tax base). When this amount is deducted from the income tax payable means such legal entity, with each payment, including when such payments are carried out outside Turkmenistan. Payment of the termination requirements shall be recognized in any form.
In respect of these income tax agents are persons who have obligations to pay such income: resident legal entities of Turkmenistan;
legal entities-non-residents of Turkmenistan, operating on the territory of Turkmenistan through a branch, representative office or a permanent establishment;
individual entrepreneurs.
If the calculation and withholding tax on income tax agent are not possible or no person shall be recognized as a tax agent, is a foreign legal person is obliged to embark on tax accounting in the relevant tax service and perform the obligation to pay the tax themselves. This also applies to the realization of immovable property situated in the territory of Turkmenistan, as well as shares and other securities legal entities-residents of Turkmenistan, when parties to a transaction are non-residents of Turkmenistan, and purchase made through the permanent representation, branch or representative office in the territory of Turkmenistan.
Duties of tax agents persons, who are contractors and subcontractors in accordance with the Turkmenistan law "on hydrocarbon resources", is carried out in accordance with this code.
Income denominated in foreign currencies, for tax purposes are converted to manats according to the official exchange rate set by the Central Bank of Turkmenistan on the date of payment of income.
2. Income from sources in Turkmenistan, to be levied on profit (income) are: a) dividends and other funds from equity participation in legal entities-residents of Turkmenistan;
b a) interest on debt obligations of any kind paid by legal entities and individual entrepreneurs-residents of Turkmenistan, as well as legal entities-non-residents of Turkmenistan if the debt obligation had arisen in connection with the activities through a branch, representative office or permanent representation in the territory of Turkmenistan;
in) insurance payments under the contracts of insurance and reinsurance risks from legal entities and individuals-residents of Turkmenistan, as well as non-resident legal entities of Turkmenistan if insurance premiums paid in connection with the activities through a branch, representative office or permanent representation in the territory of Turkmenistan;
g) remuneration for use or for granting the right to use copyrights, certain civil legislation of Turkmenistan, as well as evidence of the trade mark, a trademark or service mark, drawing or model, schemas, secret formula and (or) process, or for information concerning industrial, commercial or scientific experience, paid by legal entities and individual entrepreneurs of Turkmenistan resident or non-resident legal entities of Turkmenistan, if such rights are used in connection with activities through branch , representation or permanent representation in the territory of Turkmenistan;
d) payments for rent (rentals) of immovable property situated in the territory of Turkmenistan personal property rented (hired) a legal entity and individual entrepreneur Turkmenistan resident or a legal person-non-resident of Turkmenistan if the leased property is used for the purposes of the branch, representation and the Permanent Mission of the legal entities of Turkmenistan, registered (educated) in the territory of Turkmenistan. Specified also applies to lease payments in the part exceeding the percentage reimbursement for the property transferred to the lease;
e) earnings for the execution of works, rendering services on the territory of Turkmenistan, paid by legal entities and individual entrepreneurs of Turkmenistan resident or non-resident legal entities of Turkmenistan if such work and services are provided to the affiliate, representative office or to a permanent establishment on the territory of Turkmenistan. Place of execution of works and provision of services shall be determined in accordance with article 99 of this code;

f) income from the sale of immovable property situated in the territory of Turkmenistan, as well as shares and other securities or rights to equity participation in legal entities-residents of Turkmenistan. When this taxable income shall be determined in accordance with article 160 of the present code for real estate, and for stocks and other securities or equity rights-as the difference between the selling price and the cost of their acquisition and implementation. If you cannot determine the tax agent taxable income tax is withheld from them the full amount of the gross income. Recalculation of tax is due upon submission of the relevant documents of the taxpayer to the tax service;
w) fines and penalties for breach of contractual obligations payable by legal entities and individual entrepreneurs-residents of Turkmenistan;
and revenues from international transport). International carriage is considered transportation by sea, river or air vessel, motor vehicle or rail, except in cases where the transport is carried out between points outside Turkmenistan, for legal entities and individual entrepreneurs of Turkmenistan resident or non-resident legal entities of Turkmenistan, if these services are provided for the purposes of a branch, representative office or to a permanent establishment on the territory of Turkmenistan;
to) other similar income from sources in Turkmenistan, not related to the activity through a permanent establishment situated therein.
Other similar income from sources in Turkmenistan, unrelated through the permanent representation, in particular, may include such income as: income distribution in favour of a foreign legal entity part of the income of the partnership from joint activities on the territory of Turkmenistan, in which at least one of the parties is a resident of Turkmenistan;
revenues from sales of goods imported on the territory of Turkmenistan beyond goods on a Treaty Commission (income paid to foreign legal person as the difference between the assigned price realization and the higher price at which tax agent realized sale set for the sale of goods). When this properly takes into account the provisions of article 36 and part of the eighth article 154 of this code;
revenues derived from the distribution in favour of a foreign legal entity profits or assets of other legal entities-residents of Turkmenistan or situated in the territory of Turkmenistan, branches, representative offices and permanent representations of non-resident legal entities of Turkmenistan, including their liquidation, unless such income in accordance with the contracts (agreements) for the avoidance of double taxation are not regarded as dividends;
income from the assignment of a claim, mediation on the contracts of Agency, fiduciary property, paid to a legal entity and individual entrepreneur Turkmenistan resident or a legal person-non-resident of Turkmenistan if these services were provided for the objectives of the branch, representative office or to a permanent establishment of the non-resident legal entity registered in Turkmenistan (educated) in the territory of Turkmenistan. Income from the assignment of a claim is defined as excess amounts of income received during assignment of a claim or the termination of the obligation, over the amount of the cost of this requirement.
It does not matter whether the income referred to in this section of this article, payment to the taxpayer directly or through an attorney (a person) in accordance with the contract orders or other similar instruments.
The income from sources in Turkmenistan, to be levied on profit (income) in accordance with paragraphs «а»-«to» this part does not include revenues derived from the provision of services related to the reception of tourists, including accommodation, catering, provision of individual household and medical and health services, the Organization of entertainment (except gambling) and other tourist services on the territory of national tourist zones, as well as the provision of services related to the management and operation of the tourist industry on the territory of national tourist zones;
the income derived from the performance of works (provision of services) related to the construction of new facilities for reception of tourists and their infrastructure in the national tourist areas or outside them, exclusively for purposes of tourist areas;
dividends and other funds from equity participation in legal entities-residents of Turkmenistan in the distribution of their profits earned from the provision of services for the reception of tourists, including accommodation, catering, provision of individual household and medical and health services, the Organization of entertainment (except gambling) and other tourist services on the territory of national tourist zones, as well as the provision of services related to the management and operation of the tourist industry on the territory of national tourist zones;

interest on loans (loans) obtained for the purposes of the execution of works, rendering services, as well as the supply of goods related to the construction of new facilities for reception of tourists and their infrastructure in the national tourist areas or outside them, exclusively for purposes of tourist areas;
remuneration for use of or granting the right to use copyrights, certain civil legislation of Turkmenistan, as well as evidence of the trade mark, a trademark or service mark, drawing or model, schemas, secret formula and (or) process, or for information concerning industrial, commercial or scientific experience, paid in connection with their use of exclusively within national tourist zones;
payments for rent (rentals) movable and immovable property situated in the territory of the national tourist area;
income from the sale of immovable property situated in the territory of the national tourist area;
revenues from providing services to entities circus-non-residents of Turkmenistan (including foreign individuals).
3. The calculation of the tax on the income referred to in paragraph 2 of this article shall be performed as tax agents at the rate of 15 per cent, with the exception of income from rental of ships or aircraft.
The tax rate on income from rental of ships or aircraft is 6 per cent.
4. Tax payment is made at the expense of tax agent with subsequent retention from money payable to the taxpayer in that case when the payment of the income is made later than the last day of the month in which the income is received in accordance with article 168 of this code. In this case, the calculation of the tax is made on the date of receipt of income and under long-term contracts-on the last day of the month in which the performed works, rendered services. Payment of tax (including payments abroad) is made not later than 15 days after the end of this month.
5. Persons conducting income payments to legal persons-non-residents of Turkmenistan in the period to 20 day of the month following the month in which the income was paid, are required to submit to the tax authority at the place of its tax accounting information on legal persons who paid income amounts calculated, withheld and listed in the State budget of Turkmenistan tax on income, as well as information on such individuals, from which tax was not withheld. Information form shall be established by the main state tax service of Turkmenistan in agreement with the Ministry of Finance of Turkmenistan.
6. When tax agents, producing income payments to legal persons-non-residents of Turkmenistan, the basis for tax neuderžaniâ from the source of payment (according to the documents, specified in the part of the fourth article 179 and the second part of article 181 of this code), after the expiry of tax payment, but to the moment when tax agents were notified of the appointment of a tax audit, the documentary not made withholding tax from funds (payments) paid in past periods. In this case, the failure of tax agents acting on retaining and transferred to the State budget of Turkmenistan amounts of tax implies responsibility established by article 90 of the present Code, the violation of their target date of tax payment implies the imposition of fines on them in accordance with article 70 of the present Code, except where tax agents act public authorities and administrative bodies of local self-government.
In cases where the tax agents, producing income payments to legal persons-non-residents of Turkmenistan, there are grounds for tax neuderžaniâ from the source of payment after the tax agents have documented inspection, which resulted in non-compliance with requirements for part of the fourth article 179 and the second part of article 181 of this code were made by imposing the tax on the income referred to in paragraph 2 of this article, after the presentation of tax agents documents that are the basis for tax neuderžaniâ from the source of payment, order validation act earlier in accordance with part 2 of article 83 of this code, shall be repealed. In this case imposed a new Ordinance, whereby the decision on the release of tax agents from paying additional tax assessed amounts. In this case, the failure of tax agents acting on retaining and transferred to the State budget of Turkmenistan amounts of tax implies responsibility established by article 90 of the present Code, the violation of their target date of tax payment implies the imposition of fines on them in accordance with article 70 of the present Code, except where tax agents act public authorities and administrative bodies of local self-government.
(As amended by the law of Turkmenistan on March 17, 2008, April 18, 2009, 12 March, 10 may, September 25, 2010, March 26 and August 4, 2011 and March 2, 2013, March 1, 2014-Statements of the Mejlis of Turkmenistan, 2009 г., no. 2, p. 41; 2010 г., no. 2, p. 34, no. 3, art. 64; No. 1 2011, art. 24, no. 3, art. 59; No. 1 2013 Article 7, 2014, no. 1, p. 49) article 181. Elimination of double taxation
 

1. Tax Service is obliged upon request of legal entity non-resident of Turkmenistan to issue a document confirming that he pays tax on profit (income) in Turkmenistan. The form of such a document shall be established by the main state tax service of Turkmenistan.
2. Entitlement to exemption from payment of tax on profit (income) or providing other tax privileges, the taxpayer must submit to the tax service of Turkmenistan statement, as well as official confirmation that he is a resident of the State with which Turkmenistan has concluded for the respective tax period (or part thereof) the contract (Agreement) for the avoidance of double taxation.
Confirmation and statement can be presented as to the payment of tax or advance payments of corporate income tax, and for three years after the end of the tax period in which the taxpayer claims to receive tax exemptions or privileges.
Application form and submission are established by the main state tax service of Turkmenistan jointly with the Ministry of Finance of Turkmenistan. The statement made in the prescribed form, not violating the order of its introduction are grounds for refusal in the consideration of such a statement the internal revenue service.
(As amended by the Act of March 17, 2008)
 
Chapter 6. Personal income tax Article 182. Taxpayers, payers of the tax on the income of natural persons (hereinafter referred to as taxpayers) recognizes individuals receiving income referred to in article 183 of this code.
 
Article 183. Object of taxation Subject taxation income earned by the taxpayer: 1) regardless of their sources-for individuals-residents of Turkmenistan;
2) from sources in Turkmenistan-for individuals non-residents of Turkmenistan.
(As amended by the Act of March 17, 2008)
 
Article 184. The income of a taxpayer from sources in Turkmenistan 1. Income from sources in Turkmenistan, taxable on the income of natural persons, include: a) received from a resident legal entity non-resident legal person from Turkmenistan, Turkmenistan through its branch, representative office or a permanent establishment situated in the territory of Turkmenistan, as well as from the physical person-the individual businessman registered in accordance with the legislation of Turkmenistan: remuneration for work under an employment agreement (contract) and agreements civil legislation, as well as directors ' fees and other similar payments received as a member of the Board of Directors of the legal entity;
dividends and other funds from equity participation in legal persons and partnerships;
interest on debt obligations of any kind;
pay for use or for granting the right to use copyright as defined in the Civil Code of Turkmenistan Saparmurat Turkmenbashi, as well as evidence of the trade mark, a trademark or service mark, drawing or model, schemas, secret formula and (or) process, or for information concerning industrial, commercial or scientific experience;
insurance indemnity upon occurrence of an insured event;
pensions, benefits, scholarships and other similar payments;
the income obtained from the lease or other use of property located on the territory of Turkmenistan;
income received by such employee of art as stage actor, film, radio, television or a musician as well as an athlete, from his personal activities carried out on the territory of Turkmenistan, even if those earnings credited to another person;
winnings in cash and in kind;
other income, except for those stipulated in paragraphs one and two of article 187 of this code;
b) income related to entrepreneurial activity, the provision of professional services through a permanent place of business in the territory of Turkmenistan. Under constant spot activity refers to a permanent location through which the individual entrepreneur operates in whole or in part. When you define a constant place of business may apply the provisions of article 18 of this code. Professional services include independent scientific, literary, artistic, educational or teaching activities as well as the independent activities of physicians (traditional healers), lawyers, patent agents, engineers, architects, auditors and accountants.
2. income from sources in Turkmenistan, the taxable income of individuals, does not include a natural person income received as a result of foreign trade transactions (including barter), committed solely on behalf of and in the interests of that person, when such operations are not carried out through a permanent place of business in Turkmenistan.
Income from sources in Turkmenistan does not include payments made by a legal person-resident of Turkmenistan through its branch, representative office or a permanent establishment outside Turkmenistan.

3. Incomes from sources in Turkmenistan for natural persons-non-residents of Turkmenistan are also cost-income wage the Permanent Mission referred to in paragraph seven of article 179 of the present code.
(As amended by the law of Turkmenistan on March 17, 2008 and April 18, 2009-Statements of the Mejlis of Turkmenistan, 2009 г., no. 2, p. 41) article 185. Tax base 1. In determining the tax base includes all income of the taxpayer in reporting (tax) period, it received both in cash and in kind, including the sponsorship of goods (works, services), as well as material benefits and social benefits.
Under the material benefit and social benefits are understood: the purchase of goods (works, services) at discounted prices (tariffs) for transactions with individuals that are interdependent in relation to the taxpayer;
getting a loan for a reduced interest rate, except when such a rate is set for the respective cases, the current legislation of Turkmenistan;
cancellation by the decision of the employer the amount of a debt or obligation of the worker-taxpayer before him;
employer costs for insurance premiums for contracts of insurance of their workers, taxpayers;
the cost of employer reimbursement employee-taxpayer, not related to his activities.
Are not included in the tax base income referred to in article 187 of the present code.
2. The tax base is counted separately for each type of income in respect of which set different tax rates.
3. For income in respect of which the tax rates are established in parts 1 article 192 of this code, the tax base is defined as the monetary value of such proceeds, reduced for the amount of tax deduction under articles 188 and 189 of this code, unless otherwise provided for in this article.
If the reporting (tax) period, the amount of tax deduction under articles 188 and 189 of the present Code, exceeds the amount of income subject to taxation, this reporting (tax) period, the tax base is recognized as equal to zero.
4. The tax bases of insurance payments upon occurrence of an insured event is the amount of indemnities under contracts of insurance in excess of the amount paid by individuals in the form of insurance premiums. While the tax base coverage separately and in accordance with article 187 of this code.
5. The tax base for the income received by the taxpayer-individual entrepreneur from participation in the partnership is determined by using the following features: defining the tax base consisting of deductions to be taken into account for the determination of taxable income, does not take into account the expenses incurred by the partnership for the purposes of joint activities, unless the contract of partnership provides for the distribution of income, reduced by the amount of the related expenditure;
If the partnership is both residents and non-residents of Turkmenistan, accounting of income and expenses of such partnership for the purposes of taxation is imposed on one party, resident of Turkmenistan, regardless of who is entrusted with the conduct of the Affairs of a partnership in accordance with the Treaty. Such a person must determine the total income or taxable income, each Member of the partnership from such activities based on the results of the reporting (tax) period on an accrual basis.
6. Income from gambling activities, income tax is established in the form of a fixed amount and shall be calculated in accordance with articles 172 and 174 of the present code.
(As amended by the Act of March 17, 2008)
 
Article 186. Distinctions of determining tax base 1. The income of the taxpayer accepted for determining the tax base is calculated as cost of goods (works, services), unless otherwise stated in this article: (a)) when receiving taxpayer income from legal entities and individual entrepreneurs in kind in the form of goods (works, services);
b) when implementing the taxpayer of goods (works, services) as part of its business or other activities aimed at generating income.
These revenues are recorded on the basis of the transaction value in accordance with article 36 of the present code.
2. the notion of goods shall be determined in accordance with part 4 of article 96 of this code.
For the definition of the sale of goods, works, services, article 97 of the present code. Goods is not an implementation of expropriation: located on a plot of land to be seized by a decision of the authorities, local executive bodies and local governments for public use, or because of improper land use, cultural values;
as a result, requisition, seizure or transfer of ownership of the inherited property, and the State's abandoned property or hoards;
as a result of the transfer of the property of the natural person his heir (heirs).
3. When the donation of goods, execution of works, rendering services income is determined on the basis of the prices for such goods (works, services), which are used by the taxpayer in the regular fee for their realization.

With the donation of second-hand fixed assets and intangible assets, income is determined on the basis of their residual value.
Not included in the gross income of the value passed for promotional purposes of goods (works, services), expenditures for the acquisition of (creating) units not exceeding 0.4 magnitude minimum wage established in Turkmenistan.
4. If the parties to a transaction is not defined the value of goods (works, services), income is determined on the basis of the prices for such goods (works, services), which are used by the taxpayer in a typical of their realization.
When neèkvivalentnom Exchange in gross income includes any amount of additional payments to the value of exchanged goods, works, services.
5. When selling goods when their activities self-employed income is determined on the basis of actual taxpayer applied sale prices of these goods, but not below: residual value-for fixed assets and intangible assets;
the purchase price for other products.
Income sold goods (works, services) for budgetary organizations non-entrepreneurial legal entities and authorities, local executive bodies and local self-government shall be determined based on the actual sales price.
6. The income of the taxpayer in a foreign currency, the de minimis for defining the tax base shall be recalculated in manats at the official rate of the Central Bank of Turkmenistan on the date of receipt of income.
(As amended by the Act of March 17, 2008)
 
Article 187. Income not included in the tax base 1. Not included in the tax base the following types of income: a) State benefits, established by the legislation of Turkmenistan, in addition to the benefits for temporary incapacity for work;
b) pensions, appointed in the manner prescribed by the pension legislation of Turkmenistan and other States, as well as pensions from pension insurance conditions, interest accrued to individual pension savings, the amount of money received in excess of the amount of any insurance pension contributions over the amount of premiums, calculated on the basis of the minimum size;
in) the amount of insurance payments for compulsory insurance, voluntary life insurance contracts, the voluntary property insurance and liability insurance in connection with the insured event, to reimburse for damage caused to life and health, medical costs, insurers and insured persons. In other cases, the amount of the indemnities under contracts of insurance in excess of the amount-individuals in the form of insurance premiums are taxable;
g) income in cash and in kind, received from individuals in succession and donation, with the exception of remuneration payable to lawful heirs of authors of works of science, literature and art, as well as discoveries, inventions and industrial designs;
d) value of gifts received from legal persons, no more than tenfold during the tax period the amount of the minimum wage established by the legislation of Turkmenistan. The amount exceeding the specified amount is included in income in the established order;
e) compensation received in the manner prescribed by the legislation of Turkmenistan relating to: reimbursement of caused harm to life and health;
execution of labour duties, reimbursement of travel expenses, the provision of uniforms, field rations, etc.;
moving to work in another locality;
free provision of premises and utilities;
payment for natural and due amounts instead of a meal;
dismissal of employees. In these payments include all types of payments provided for by the legislation of Turkmenistan, produced an employee when his dismissal;
reimbursement of other expenses.
This does not apply to payments of compensation for unused leave;
f) scholarships paid to students in higher education, students of secondary special and vocational schools, trainees of ecclesiastical educational establishments nominated these schools established by the President of Turkmenistan, public associations and foundations within their statutory activities, foreign States, international organizations, intergovernmental (intergovernmental) organizations;
w) funds received in the form of alimony;
and lump sum) amounts of disability related to injury or other impairment of health, as well as for loss of the breadwinner;
to) pay for donor assistance;
l) funds received from the sale of property belonging to individuals on the property right, except for the funds received from the sale of property as a result of entrepreneurial activity and alienation of shares, bonds, other securities law equity participation in a company;
m) amounts of material assistance provided by legal entities: natural disaster, or other extraordinary circumstance, regardless of its size;
in other cases, no more than tenfold during the tax period the amount of the minimum wage established by the legislation of Turkmenistan;

n) amount of salaries, cash compensation and other payments received by military personnel serving in the armed forces of Turkmenistan, other troops, national security bodies and military units on the call;
about) revenues: grown on a patch of land or personal farm agricultural production (including floriculture and beekeeping) both in natural and in processed form. When you do this, be sure to view the documents confirming the presence of adjoining land and PSPS;
wild berries, nuts and other fruits, mushrooms, seeds, medicinal plants, hunting products, grown and harvested fish in both the natural and the processed form;
p) income from rendering of services for growing and fattening animals, mulberry silkmoths, etc.;
r) income received: tenants from contracts on the lease contract in agriculture, as well as from the sale of agricultural products produced by the treaties on the rental contract in agriculture and products of its processing;
persons employed in agricultural enterprises, in addition to administration employees (managers, professionals, clerks);
private farmers from the sale of their agricultural produce and products of its processing;
with the cost of privatized property) obtained in accordance with the legislation of Turkmenistan;
t) the amount of interest on bank deposits, deposit certificates of natural persons;
u) cost of prizes received by the official organizers of the victorious athletes in competitions in personal or team competition;
s) cost of prizes received and competitions, as well as any winnings within run values of minimum wages established by the legislation of Turkmenistan, during the tax period;
x) cash and merchandise prizes, gifts and awards issued by the decisions of the President of Turkmenistan;
TS) the amount of remuneration and other amounts in foreign currency, received by officials of the Ministry of Foreign Affairs of Turkmenistan aimed to work abroad;
h) amount paid by legal entities and their employees (or) for them in the order of partial or full compensation for the value of permits for children and adolescents, children and other health care institutions, as well as the cost of out-patient or in-patient care of their employees; material assistance, cost of tickets and gifts paid for fully or partially at the expense of the national centre of trade unions of Turkmenistan;
w) income from operations related to power and relationships of individuals recognized by family members and/or close relatives in accordance with the Civil Code of Turkmenistan, Saparmurat Turkmenbashi, except proceeds received by specified individuals as a result of the conclusion of treaties between them civil or labour agreements (contracts);
щ) material benefit obtained by individuals from the sale of property (goods, works, services) for reduced prices or free of charge, in accordance with individual decisions of the President of Turkmenistan;
e) funds received in the form of grants;
n) wages of persons exercising circus services (including the income derived by foreign nationals).
2. Are not regarded as income any amounts borrowed funds;
positive exchange difference on cash and non-cash foreign currency owned and taxpayer (except foreign currency held in cash and on bank accounts of individual entrepreneurs, used for entrepreneurial activity);
funds received by the participant (shareholder, shareholder) within the initial payment into the authorized Fund of legal entity when entering it from the membership or in the distribution of the property of the legal person being liquidated among its participants;
positive difference obtained when you change the value of the securities;
the interest earned in accordance with the requirements of part 4 of article 49 of this code;
property received in the form of a bond or deposit as security.
3. Shall not be considered as income from business activities: funds received within the original contribution of a party to the Treaty on the joint activities of the (partnership) upon exiting such partnership or in the distribution of the property of the liquidated the partnership between the parties;
property received by the Commissioner under the agreement of the Commission, as well as the reimbursement of costs incurred by the Commissioner for the consignor, if in accordance with the terms of the contract, such costs shall not be included in the composition of the Commission costs. Specified also applies to contracts of agency or other similar treaties.
4. Are not taxable income of citizens of foreign States, as well as Turkmen citizens not residing in Turkmenistan consistently obtained from diplomatic missions, consular institutions of foreign States and international, intergovernmental (intergovernmental) organizations in Turkmenistan.

Domestic workers employees of such offices (agencies and organizations), if they are not citizens of Turkmenistan or do not live permanently in Turkmenistan shall be exempt from tax on income derived by them as domestic workers.
5. Are not taxable income: Heroes of Turkmenistan;
persons awarded the order of Turkmenistan "Ruhnama";
individuals were classified into the category of Veterans ' Affairs in accordance with the code of Turkmenistan, on social protection of population "; (fifth paragraph four of article 187 amended, which applied for the period January 1, 2013 year Turkmenistan law dated 02.03.2013 № 378-IV).
Persons invalided as a result of hostilities;
disabled children, disabled persons in groups I and II;
persons affected by the radiation disaster.
For persons awarded Medal "Edermenlik", the amount of tax calculated is reduced by 50 per cent tax rebate.
Confirmation of the rights of persons to apply for such exemption to them (benefits) is made on the basis of documents (copies) they have submitted in the prescribed manner.
6. Not taxable income from employment physical person in the public service of a foreign State in which the income is subject to taxation.
(As amended by the law of Turkmenistan on June 12, 2007 March 17, 2008, September 25, 2010, March 26, 2011 and March 2, 2013-statements of the Mejlis of Turkmenistan, 2007, no. 2, p. 48, 2010 г. No. 3, art. 45; 2011, no. 1, p. 24; 2013 # 1, art. 7) Article 188. Deductions from gross income 1. When determining the tax base in accordance with part 3 of article 185 of the present Code, the taxpayer is entitled to the following tax credit for each month of the tax period: (a) any natural person) in the amount of single values of the minimum wage established by the legislation of Turkmenistan;
b), persons disabled as a result of emergencies (accidents, catastrophes and other disasters), as well as the Elimination of their consequences, in the amount of not less than 4 times the magnitude of the minimum wage established by the legislation of Turkmenistan;
persons with disabilities not) specified in part 5 of article 187 of the present code and in paragraph "b" of the part 1 of this article, in the amount of twice the magnitude of the minimum wage established by the legislation of Turkmenistan;
g) persons whose contents are dependants in the amount of single values of the minimum wage established by the legislation of Turkmenistan for each dependant. These deductions are available to both spouses or other family member whose dependants are content.
Dependent taxpayer recognizes a family member who was at its full content or having received assistance from him, which is permanent and the main source of livelihood.
To dependants include: faces, which the taxpayer pays or receives alimony;
children, which citizens paid State benefits;
women who are on leave without pay in connection with the birth of the child;
persons receiving State benefits for child care if they don't have other sources of income.
Does not apply to dependants: persons in receipt of scholarships and pensions, as well as other individuals in State maintenance;
women leave in connection with childbirth and receiving payment for vacation.
Deductions are available regardless of the dependants reside together with the taxpayer, it contains or not;
d) parents and spouse of soldiers killed as a result of injuries, bruises or injuries received in the protection of Turkmenistan, as well as in the great patriotic war, fighting on the territory of other States or in the performance of other duties of military service, service in the Ministry of Internal Affairs and national security, or died as a result of illness associated with fighting at a rate three times the magnitude of the minimum wage established by the legislation of Turkmenistan.
If the taxpayer the right to deductions from gross income on several grounds, as described in paragraphs b, c-d of this part, the deductions are applied only on one of the grounds on which provides the greatest amount of deduction.
2. the taxpayer is entitled to a deduction in the amount of contributions to voluntary pension and (or) health insurance.
3. taxpayers alone exercise and reflect the tax declarations of the deductions provided for in this article, except for the cases when such deductions are made by the employers at the place of the substantive work of the individual.
4. Deductions set out in part 1 of this article are carried out on the basis of the established order documents (copies) confirming the right to these deductions.
5. If, during the tax period, the tax deductions to the taxpayer is not provided or made available in smaller size than provided for in this article, then at the end of the tax period on the basis of a declaration annexed to the taxpayer's tax return and documents confirming the right to such deductions, tax service tax base shall be recalculated in the light of the provision of tax deductions in the amount set forth in this article.

Recalculation of the tax base, the tax agent shall be made in the case when such deductions were not provided or were granted to them in a lesser amount in the event of non-submission or late submission by the taxpayer documents (copies) confirming the right to these deductions. The recalculation is made within the time prescribed part of the eighth article 195 of this code.
(As amended by the Act of March 17, 2008)
 
Article 189. Tax deductions associated with entrepreneurial activities, professional services, and other deductions 1. In the calculation of the tax base in accordance with part 3 of article 185 of the present code are eligible for tax deductions listed below have the following categories of taxpayers: a) individual entrepreneurs in the amount actually incurred and documented costs associated with extraction of incomes.
These expenses are deductible in the manner prescribed in accordance with articles 154-169 of this code for a legal entity, if this article provides otherwise. The same procedure applies to unrealized expenditures (loss);
b) taxpayers receiving income from the performance of works (rendering of services) on agreements civil legislation (including professional services), the amount actually incurred and documented costs directly related to the execution of these works (provision of services);
taxpayers who receive) copyright remuneration or reward for the creation, execution, or other use of works of science, literature and art, and rewards for discoveries, inventions and industrial designs, in the amount actually produced and documented costs directly related to the execution of these works (provision of services).
g) taxpayers receiving income from operations with securities and the exclusion of the right of participation of the enterprise in the amount actually produced and documented costs directly associated with the purchase and sale of securities and equity rights in the enterprise.
If these costs cannot be documented, they are deductible in the following amounts: cost Ratios (as a percentage of the total income) creation of literary works, including for theatre, film, pop music and circus 20 Creating artistic and graphic works, photographs for print, works of architecture and design Create 30 works of sculpture, monumental and decorative painting, arts and crafts and decorative arts, easel painting, theatrical and kinodekoracionnogo art and graphics executed in various techniques to create 40 of audiovisual works (video, tv and movies) 30 Creating musical works: the musical-theatrical works (operas, ballets, musical comedies), symphonic, choral, Chamber works, works for wind Orchestra, original music for film, television and video films and theatrical productions; other musical works, including the publication of 40 25 execution of works of literature and art Creation 20 scientific papers and development 20 discoveries, inventions and industrial designs (to the amount of income received during the first two years of use) 30 2. The taxpayers referred to in paragraphs «b» and «c» part 1 of this article, as a deduction to be taken into account for the determination of taxable income, taken tangible costs associated with the implementation of works and provision of services, referred to in article 155 of this code, taking into account the value-added tax, a 3. In determining the tax base the costs documented, cannot be taken into account simultaneously the costs within the established norm.
4. Taxpayers specified in part 1 of this article, tax deductions are available based on the tax declaration submitted in accordance with article 197 of the criminal code.
(As amended by the Act of March 17, 2008)
 
Article 190. Date of actual receipt of income 1. Date of actual receipt of income is defined as the day: getting cash funds on account of the taxpayer in banks or third parties on its behalf;
receipt of payment in kind, including the sponsorship of goods (works, services);
termination of obligations, including through set-off of mutual claims;
material gain and social benefits (the day of purchase of the goods (works, services), payment of interest, the termination of the undertaking, etc.).
2. the date of actual receipt of income from entrepreneurial activity shall be determined in accordance with article 168 of this code.
 
Article 191. Tax and fiscal year reporting periods recognized tax year.
The reporting period for certain types of income, if you want to view the declaration during the tax year, is installed as the first half of the year and the tax year.
 
Article 192. Tax rate 1. The tax rate is set at 10 per cent, unless otherwise stipulated by this code.
2. Personal income derived from gambling activities, subject to income tax at the rate established in accordance with part 3 of article 172 of the criminal code.

 
Article 193. The procedure for calculating tax 1. The amount of tax in respect of the tax base, established part of 3 of article 185 of the present Code shall be calculated as the product of the sum of the tax bases and tax rates, established part of 1 article 192 of the present code.
The amount of tax in respect of the tax base, established part of 6 of article 185 of the present Code shall be calculated in accordance with part 4 of article 174 of this code.
2. the total amount of tax is an amount received as a result of addition amounts of tax, calculated in accordance with paragraph 1 of this article.
3. the overall amount of tax is calculated at the end of the reporting (tax) period for all income of the taxpayer, the date of receipt which refers to the corresponding reporting (tax) period.
4. the amount of tax is determined in manats. Sales tax amount less than 50 tenge-is ignored, and the 50 tenge and more-rounded to the nearest whole manats.
 
Article 194. Calculation and payment of tax certain categories of taxpayers and tax Calculation on the income received by individuals, by employed persons carrying out activities in accordance with the Turkmenistan law "on hydrocarbon resources" as contractors or their subcontractors, are manufactured in accordance with and the provisions of this law.
 (As amended by the law of Turkmenistan on April 18, 2009-Statements of the Mejlis of Turkmenistan, 2009 г., no. 2, p. 41) article 195. Calculation and payment of tax by tax agents 1. Persons recognized by tax agents in accordance with part 2 of this article, from whom or from its relationship with which the taxpayer received the income required to calculate, withhold and pay the taxpayer to the State budget of Turkmenistan tax amount, calculated in accordance with article 193 of this code, taking into account the peculiarities stipulated by this article.
2. Tax agent recognizes individuals who directly carry out the payment referred to in paragraph 1 of article 184 of the present code: resident legal entities of Turkmenistan;
legal entities-non-residents of Turkmenistan, operating on the territory of Turkmenistan through a branch, representative office or a permanent establishment;
individual entrepreneurs.
Income tax lawyers calculated, withheld and paid bar associations (institutions).
Calculation and payment of tax in accordance with this article shall be made in respect of all income of the taxpayer paid the tax agent, with the exception of income paid by individuals.
3. Calculation of amounts of tax payable to the State budget of Turkmenistan, produced by tax agents of the progressive total from the beginning of the tax period following the results of each month with respect to all income subject to tax rates, established part of 1 article 192 of the present Code, assessed tax agent to the taxpayer for the period less the withheld during the previous months of the current tax period, the tax amount.
When the calculation of the amount of tax is made with the amount of income without reducing the amount of deduction under articles 188 and 189 of the present code. This does not apply to compensation for work under an employment agreement (contract) on the main place of work, for which a deduction is provided under article 188 of the code. Those deductions do not apply a tax agent to the remuneration for the first partial month of operation of the taxpayer.
4. Hold the taxpayer accrued amount tax is a tax agent due to money payable to the taxpayer or third party on its behalf, with each payment.
5. Tax agents required to list the amount paid and tax withheld not later than on the date of actual receipt of cash in the Bank for the payment of income as well as income from the accounts of the enumeration day tax agents at the Bank on account of the taxpayer or on his behalf on account of third parties.
In other cases, the tax agents list calculated amount and tax withheld not later than on the day following the date of actual receipt of the taxpayer's income, for income received by the taxpayer in kind.
6. the overall amount of tax calculated and withheld tax agent of the taxpayer, is paid at the place of tax accounting tax service agent.
The amount of tax payable to the State budget of Turkmenistan at the location of the separate division of a legal entity, is determined on the basis of the amount of income subject to taxation, accrued and payable to the workers of these separate divisions.
7. Tax agents issued according to help taxpayers on their income and tax amounts withheld on form adopted by the principal State tax service of Turkmenistan.
8. Unnecessarily withheld tax agent of the taxpayer's income tax amount including cases mentioned in part 5 of article 188 of the present Code, refundable tax agent when presenting the taxpayer an application not later than thirty days from the date of such statements.

The amount of tax not withheld from taxpayers or withheld tax agents not fully charged them with such persons until full repayment of these individuals tax debt in the manner specified in article 46 of this code.
9. Tax agents no later than 25 day of the month following the previous month, submit to the authorities of the tax service on site registration information on the amounts paid by the taxpayer income and tax amounts withheld on form adopted by the principal State tax service of Turkmenistan.
(As amended by the Act of March 17, 2008)
 
Article 196. Calculation and payment of tax by taxpayers 1. Calculation and payment of tax by taxpayers on their own produce: a) receiving the amount of remuneration from other individuals are not tax agents, on the basis of civil law contracts, including contracts of employment income property or lease;
b) resident of Turkmenistan, receiving income from sources outside Turkmenistan;
in the) individual entrepreneurs and physical persons receiving income from agreements civil legislation (including professional services), upon receipt of which sales tax should not be deducted as tax agents;
g) receiving income from which tax was not withheld tax agents.
2. taxpayers referred to in part 1 of this article, calculate the amount of tax payable to the State budget of Turkmenistan, in accordance with article 193 of this code.
The total amount of tax payable to the State budget of Turkmenistan shall be the taxpayer, taking into account the amounts of tax withheld tax agents upon payment of income to the taxpayer.
3. the total amount of tax payable to the State budget of Turkmenistan, calculated on the basis of the tax declaration shall be paid not later than 10 the number of the second month following the previous reporting period, and foreign nationals-not later than 15 of the month of April of the year following the previous tax year.
 
Article 197. Tax Declaration 1. The tax return is submitted by taxpayers specified in part 1 of article 196 of this law (excluding foreigners), not later than 25 day of the month following the reporting period, the tax service in place of tax registration as a taxpayer. Foreign citizens are tax return no later than 1 day of the month of April of the year following the previous tax year.
Individuals who are not responsible for submission of the tax return for recalculation of amounts of tax in General, for the tax period shall be entitled at the end of such period to submit a declaration of income tax to the Tax Office for the place of residence.
2. If during the tax year a foreign natural person activities, income from which is subject to taxation in accordance with article 196 of the present Code, and leaving it outside the territory of Turkmenistan tax declaration of income actually received during his stay in the current reporting (tax) period on the territory of Turkmenistan, they must be submitted no later than one month prior to travel outside the territory of Turkmenistan.
Payment of tax, assessed additional tax declarations, the submission of which defined this part shall be made no later than fifteen days from the date of submission of the Declaration.
3. In the tax returns of taxpayers indicate they received during the reporting period income (tax), sources of payment, tax deductions, the amount of tax withheld, tax agents, the amount of tax actually paid in the reporting (tax) period, the amount of tax payable or refundable (surcharge) at the end of the reporting (tax) period.
 
Article 198. Elimination of double taxation 1. The amount of income tax paid by a resident of Turkmenistan outside Turkmenistan, in accordance with the tax legislation of other States are paying income tax in Turkmenistan.
Amount of qualifying tax cannot exceed the amount of tax on the income, calculated in accordance with the present Code, in respect of income earned outside Turkmenistan.
The basis for offsetting the tax documents or other authorized body of the foreign States, confirming the fact of paying tax outside Turkmenistan.
Specified refers to the amount of tax on the income of natural persons, which under the contract (Agreement) for the avoidance of double taxation and with observance of the established rules of procedure, cannot be returned to the taxpayer.
2. For tax exemption or providing other tax privileges, the taxpayer is a nonresident of Turkmenistan shall submit to the tax service of Turkmenistan statement, as well as official confirmation that he is a resident of the State with which Turkmenistan has concluded for the respective tax period (or part thereof) the contract (Agreement) for the avoidance of double taxation.

Confirmation and statement can be presented as to the payment of tax, and within three years after the end of the tax period in which the taxpayer claims to receive tax exemptions or privileges.
Application form and submission are established by the main state tax service of Turkmenistan jointly with the Ministry of Finance of Turkmenistan. The statement made in the prescribed form, not violating the order of its introduction are grounds for refusal in the consideration of such a statement the internal revenue service.
(As amended by the Act of March 17, 2008)
 
Article 199. Confirmation of the amount of tax on income paid in Turkmenistan tax service is obliged to extradite on request to non-resident taxpayers Turkmenistan a document confirming payment of the tax on the income in Turkmenistan, according to the form established by the main state tax service of Turkmenistan.
 
Article 200. The simplified system of the taxation of individual entrepreneurs 1. Simplified tax system applies to individual entrepreneurs, receiving income from certain types of entrepreneurial activity, the list of which is established by the Cabinet of Ministers of Turkmenistan.
2. Simplified tax system provides for the payment of fixed magnitude of tax on income (fixed the patent fee), as well as tax calculated from gross income from entrepreneurial activity (additional patent payment), without reducing the amount of deduction under articles 188 and 189 of the present code.
While prescribed benefits part of the fifth article 187 shall not apply.
3. Fixed the amount of tax on income (fixed the patent fee) for each business activity is established by the Cabinet of Ministers of Turkmenistan.
When several types of entrepreneurial activities is paid fixed highest patent fee.
Fixed fee paid patent prior to the period in which the taxpayer intends to carry out entrepreneurial activities. This period may not be less than three months.
Temporary suspension of the activities of the taxpayer does not entail the exclusion of fulfillment of obligations to pay fixed during this period patent fees, and the period for which compensation is paid a fixed fee-patent changing its amount.
 The amount of fixed-track patent fees can be changed: If the taxpayer within a specified period of activity that has higher fixed value patent fees;
upon termination of the activities of the taxpayer as a sole proprietorship.
Fixed patent payment in the event of the death of the taxpayer's successor may be returned or credited for repayment of the debt available to it on taxes, as well as financial sanctions and penalties. Specified applies to the additional patent payment overpaid.
Fixed recalculation patent payment is made on the basis of statements by the taxpayer, the tax service body respectively prior to the commencement of a new activity or termination of activities.
Tax service to place taxpayer on accounting issues (extends) to the taxpayer (patent) of the payment of patent fees, fixed according to the form established by the main state tax service of Turkmenistan. Patent is granted before the beginning of the period in which the taxpayer intends to carry out entrepreneurial activities.
Patent is granted (extended) on the basis of a declaration made to the taxpayer's tax service in place of tax registration, not later than ten days before the beginning of the period in which he intends to carry out entrepreneurial activities.
In the case of the taxpayer in the tax authority for the renewal of the service (issued) patent from infringement of this patent term should be extended (issued by) from the date following the end of the period specified in an existing (or previously issued) patent. The late payment of the patent fee entails fixed penalties in accordance with article 70 of the present code.
4. additional patent payment is calculated on the basis of gross income, which includes income from realization of goods (works, services) produced from those listed in part 1 of this article, the types of business activities, as well as individual income and expenses (loss) on sales operations, installed parts 5 and 6 of this article.
For purposes of determining income from realization of goods (works, services) is subject to the provisions of article 186 and parts two and three of article 187 of this code.
The tax base for calculating the additional patent payment is gross income determined in accordance with this part and parts 5 and 6 of this article.
5. To be considered an extraordinary item income include: indemnity under a contract of insurance or reinsurance;
funds received for breach of contractual obligations in the form of fines and other sanctions, as well as amounts received as compensation for the loss or damage;
the amount received in satisfaction of the debt previously written off;

amounts written off accounts payable in connection with the expiration of the limitation period or on other grounds, in addition to the amounts of tax debt write-offs (penalties and fines) in accordance with article 57 of this code;
positive exchange differences on foreign exchange operations, as well as the impairment of currency values and requirements when markdowns denominated in foreign currency liabilities;
income from previous years that were identified during the year;
value of materials or other property when dismantling or disassembly operation output in case of liquidation of fixed assets;
the cost of excess inventory items identified in the inventory;
other extraordinary income.
6. To be considered an extraordinary item costs (losses) include: negative exchange differences on foreign exchange operations, as well as the devaluation of currency values and requirements or when the impairment of obligations denominated in foreign currency;
case-related costs in court;
fines, penalties and other kinds of financial sanctions, with the exception of paid to the State budget of Turkmenistan or the budget of another State as well as costs for reimbursement of damages;
receivables written off in connection with the expiration of the limitation period or on other grounds;
amounts paid in satisfaction of the debt previously written off;
expenses (loss) of previous tax periods identified in current reporting (tax) period;
losses from natural disasters, fires, accidents and other emergencies, including costs related to the prevention or elimination of consequences of natural disasters or emergencies.
7. income tax rate (additional patent payment) from business activities, which includes a simplified tax system, is established at a rate of 2 per cent of gross income.
8. the reporting (tax) period is established in accordance with article 191 of the criminal code.
9. additional patent payment during the reporting (tax) period is defined as the product of tax base calculated in accordance with part 4 of this article, and the tax rate established by part 7 of this article.
10. the tax declaration shall be submitted by the taxpayers specified in part 1 of this article no later than 15 of the second month following the reporting period, the tax service in place of tax registration as a taxpayer.
Additional patent payment, payable to the State budget of Turkmenistan, calculated on the basis of the tax declaration shall be paid not later than 25 number of the second month following the previous reporting period.
(As amended by the Act of March 17, 2008)
 
Chapter 7. Local taxes § 1. Advertising fee Article 201. Payers of due for advertising 1. Advertising fee payers are natural and legal persons disseminating a commercial advertisement.
2. No advertising fee payers are legal persons carrying out their activities in accordance with the Turkmenistan law "on hydrocarbon resources".
 
Article 202. The object of taxation and the basis for the calculation of due for advertising 1. The object of taxation is wearing commercial payers ad yourself or through the mass media and advertising agencies.
Are not considered as object of taxation to collect for advertising: a) announcements, notices or messages of physical and legal persons, including in the media, not connected with entrepreneurial (commercial) activities;
b) advertising aimed at presentation of social and public interests;
b) signage upon entering the premises, premises or display cases;
g) advertising rehabilitation or social activities of organizations of persons with disabilities;
d) advertising charitable events.
2. the basis for calculating the fee for advertising is the sum of the costs directly related to the manufacture and distribution of advertising information.
Advertising costs include: costs of promotional activities through the mass media (including ads in print, radio and television) and telecommunications networks;
cost of light and other forms of outdoor advertising, including manufacturing of advertising stands and billboards;
the cost of participation in exhibitions, fairs, expositions, at design showcases, exhibitions-sales, sample rooms and showrooms, advertising brochures and catalogues, containing information on the work and services performed and rendered by the taxpayer, and (or) of the taxpayer, on write-downs of goods fully or partially lost their initial quality exposure;
acquisition costs (production) awarded prizes to the winners of the giveaways of such prizes during mass advertising campaigns, as well as other types of advertising.
Payers must keep separate accounting of expenses directly related to the manufacture and distribution of advertising information.
3. during the relevant tax (accounting) period is defined as the sum of expenditures on advertising produced this tax (accounting) period and the related deductions for the purpose of determining the taxable profits in accordance with paragraph "d" of part two article 154 of this code.

(As amended by the Act of March 17, 2008)
 
Article 203. The tax rates for advertising advertising fee Rate is set in the following sizes: 5 per cent of the cost of advertising for Ashgabat;
4 percent of the value of advertising-for cities that are centers of regions;
3 per cent of the cost of advertising for other settlements.
 
Article 204. Tax and Tax reporting periods and reporting periods to collect for advertising are set to the calendar quarter.
 
Article 205. Calculation of due for advertising 1. Calculation of due for advertising is carried out independently by the payers.
2. The amount of the fee for advertising, if any, payable to the State budget of Turkmenistan, shall be calculated as the product of base, determined in accordance with article 202 of this code on the bet collection, established in article 203 of the criminal code.
 
Article 206. Submission of tax return and payment of due for advertising 1. Each payer collection is obliged to submit the Declaration to collect for advertising for each reporting period.
Declaration on the collection seems to be advertising during the past reporting period no later than 20th day of the month following the reporting period.
2. Payment of due for advertising produced payers within 25 day of the month following the reporting period.
 
§ 2. The target collection to arrangement of territory cities, towns and rural settlements Article 207. Taxpayers trust collection on physical planning of cities, towns and rural settlements 1. Payers of the target collection on physical planning of cities, towns and rural settlements are: a) physical persons-residents of Turkmenistan, working under an employment agreement (contract) and agreements civil legislation related to execution of labor duties, prisoners with legal entities-residents of Turkmenistan and foreign legal entities, operating on the territory of Turkmenistan through a branch, representative office or permanent representation, individual entrepreneurs. The legal persons and individual entrepreneurs are recognized as tax agents;
b) physical persons-residents of Turkmenistan, unrelated labor relations with legal persons, individual businessmen and receiving income from the performance of works (rendering of services) on agreements civil legislation (including professional services), receive copyright fees or remuneration for the creation, execution, or other use of works of science, literature and art, the remuneration of the authors of the discoveries, inventions and industrial designs, from the implementation of scientific, creative activities , perform other duties, as well as independently carrying out agricultural production. To this category of persons are individuals receiving income from employment abroad or from abroad;
in) physical persons-entrepreneurs;
g) legal persons, including foreign ones, operating in the territory of Turkmenistan through the permanent representation.
2. Not payers of the target collection on physical planning of cities, towns and rural settlements: legal persons carrying out activities in accordance with the Turkmenistan law "on hydrocarbon resources";
The Central Bank of Turkmenistan;
The Red Crescent Society of Turkmenistan;
investment pension funds;
organizations engaged in rehabilitation of the disabled;
educational institutions;
State-owned enterprises, producing the products; (Made by Supplement comes into force from the day of official publication and acts on December 31, 2018 year inclusive-Turkmenistan law dated 21.11.2015 № 312-V);
correctional institutions and their production company;
businesses public associations of persons with disabilities;
religious organizations;
International, intergovernmental, intergovernmental organizations.
(As amended by the law of Turkmenistan on June 12, 2007, October 1, 2007, April 18, 2009, August 18 and November 21, 2015-statements of the Mejlis of Turkmenistan, 2007, no. 2, article 48; No. 4, article 68; 2009 г., no. 2, p. 41;, no. 2015 _ Church _; # _ calendar _) article 208. The target for collection rates in cities, towns and rural settlements Target collection for construction in cities, towns and rural settlements is established: for individuals who are individual entrepreneurs,-0.3 per cent from the amount of the gross income from realization of goods (works, services), reduced by the amount of value added tax, but at least 2 manat per month. Gross income from realization of goods (works, services) shall be determined in accordance with articles 149 and 150 of this code;
for other individuals-2 manat per month;
for agricultural enterprises-0.5 per cent of the amount of profits made for the calculation of income tax in accordance with Chapter 5 of part II of this code, without taking into account the benefits stipulated in article 170 of this code;
for other legal persons-1 per cent of the profits made for the calculation of income tax in accordance with Chapter 5 of part II of this code, without taking into account the benefits stipulated in article 170 of this code.

For the purposes of this article are taken into account in determining profit and income from gambling activities.
Tax and accounting period recognizes the tax year.
(As amended by the law of Turkmenistan on March 17, 2008 and April 18, 2009, and May 10, 2010-Statements of the Mejlis of Turkmenistan, 2009 г., no. 2, p. 41; 2010 г., no. 2, p. 34) Article 209. Submission of tax returns and payment collection target for equipping cities, towns and rural settlements 1. Taxpayers referred to in paragraphs "b" and "g" of article 207 of the present Code, calculate target collection on physical planning of cities, towns and rural settlements alone. Payment collection is made by payers (except for individual businessmen) in five-day's term from the date set for the submission of the Declaration on the target collection to arrangement of territory cities, towns and rural settlements during the period under review. For individual entrepreneurs paying collection is made not later than 25 number of the second month following the previous reporting period.
Tax declaration for the target collection to arrangement of territory cities, towns and rural settlements specified persons is submitted within the time limits specified for delivery of the financial statements for the year and for individual entrepreneurs-not later than 15 of the second month following the reporting period, according to the form established by the main state tax service of Turkmenistan.
2. the calculation, withholding and payment to the State budget of Turkmenistan target collection on physical planning of cities, towns and rural settlements with physical persons described in paragraph «а» part 1 of article 207 of the present Code, placed on tax agents that produce its calculation, withholding and payment the deadlines for payment of the tax on the income of natural persons.
Tax agents make no deduction in the case of a collection, if the individual is on the main place of work about payment of fee for the past month.
Tax agents in up to 20 of the month of January of the year following the previous tax year, must submit to the tax authority at the place of its tax accounting information about the amounts calculated, withheld and listed in the State budget of Turkmenistan levy for construction of cities, towns and villages in the form established by the main state tax service of Turkmenistan.
3. natural persons referred to in paragraph (b) of part 1 of article 207 of the present Code, calculate target collection on physical planning of cities, towns and rural settlements independently and produce his payment to the local budget in the time limit for payment of the tax on the income of natural persons.
These individuals do not make payment of the target collection for construction in cities, towns and rural settlements for those months the tax period for which the collection was withheld from them and transferred to the State budget of Turkmenistan tax agents. About that such individuals must in writing inform the Tax Office for the place of tax accounting and submit confirmation of tax agents within the term set to submit the Declaration. The form of such confirmation shall be established by the main state tax service of Turkmenistan.
(As amended by the law of Turkmenistan on March 17, 2008 and April 18, 2009-Statements of the Mejlis of Turkmenistan, 2009 г., no. 2, p. 41), Paragraph 3. Parking owners charge Article 210. Payers of the levy on holders of car parks parking owners ' fee Payers admit physical persons-entrepreneurs and legal entities, which have secured land used for parking for a fee. While such persons are the payers of tax and duty to embark on tax accounting according to the location of the land, used by the parking lot.
 
Article 211. The object of taxation and the basis for calculating the levy on parking owners 1. The object of taxation is the land allocated to the payer and intended for parking for a fee.
The plot is an object of taxation since the start of the full or partial operation as car parks.
2. the basis for calculation is the total space of the land specified in subsection 1 of this article.
For parking lots with multiple floors was adopted the area of each of them.
 
Article 212. Tax rates with owners of parking tax rate is established for one square meter parking lot: AZN 1.5 for Ashgabat city;
AZN 1.2-for cities that are centers of regions, and the cities of Turkmenbashi and Abadan;
AZN-0.9 for the remaining settlements.
(As amended by the law of Turkmenistan on May 10, 2010-statements of the Mejlis of Turkmenistan, 2010 г., no. 2, p. 34) Article 213. Tax and Tax reporting periods and reporting periods to collect with the owners car parks are set to the calendar quarter.
 
Article 214. The calculation of the levy on parking owners 1. The calculation of the levy on holders of parking lots is carried out independently by the payers.
2. The amount of the fee shall be calculated as the product of the base for calculation of collection, determined in accordance with article 211 of this code on the bet in accordance with article 212 of the present code.

To calculate the collection does not have a value for the amount of time during which the payer has carried out its activities in the operation of car parks in tax (accounting) period.
 
Article 215. Tax Declaration and payment of the levy on parking owners 1. Tax return for the owners ' fee parking lots seems payers in the tax service on site for registration as owners ' fee payer carparks on the end of each reporting period until 20th day of the month following the reporting period.
2. Payment of the levy on owners of parking lots is carried out in the period up to 25 payers of the month following the reporting period.
 
Paragraph 4. Collect car with Article 216.  Implementation fee payers a car 1. Payers of the levy on the realization of the car shall be recognized as legal entities and natural persons engaged in the implementation of the cars on the territory of Turkmenistan.
2. Not payers of the levy on implementation: legal persons carrying out activities in accordance with the Turkmenistan law "on hydrocarbon resources";
The Central Bank of Turkmenistan.
(As amended by the law of Turkmenistan dated October 1, 2007-statements of the Mejlis of Turkmenistan, 2007, no. 4, p. 68) article 217. The object of taxation and the basis for calculating the collection car sales 1. The object of taxation is the realization of the collection vehicles (buses, trucks and cars with pneumatic).
2. To define vehicles 97 primenâetsâstat′â implementation of this code.
3. the object of taxation are not: car transfer by inheritance persons recognized by the heirs in accordance with the Civil Code of Turkmenistan Saparmurat Turkmenbashi;
car transfer legal entity of its successor (successors) in the reorganization of the legal person;
car transfer by a decision of the authorities, local executive bodies and local self-government;
car donation parents, spouses, brothers, sisters, sons, daughters, grandchildren, as well as the parents, brothers, sisters and children of the spouses;
sale of automobiles budget organizations;
implementation of the special equipment on the basis of car-truck cranes, mobile laboratories, ambulances, etc.;
sale of automobiles within the framework of international projects and programmes of humanitarian, financial and technical assistance and loans (loans) granted Turkmenistan foreign States or international organizations;
sale of automobiles governmental authorities, local executive bodies and local self-government without profit.
4. the basis for calculating the levy on realization of a car is the number of sold cars, for which a separate fee is installed.
(As amended by the Act of November 23, 2007-statements of the Mejlis of Turkmenistan, 2007, no. 4, p. 74) article 218. Car sales tax rate tax rate sales of cars are installed in the following sizes to the size of the minimum wages established by the legislation of Turkmenistan, for: trucks-8 x value;
bus-5 times;
cars-6 times the value.
(As amended by the Act of November 23, 2007-statements of the Mejlis of Turkmenistan, 2007, no. 4, p. 74) article 219. Calculation and payment of the levy on car 1 implementation. Calculus collection by implementing the cars produced payers alone.
2. The amount of the fee shall be calculated as the product of the base for calculation of collection, determined in accordance with article 217 of this code to the appropriate collection rate set in article 218 of the criminal code.
3. collection of car sales to be paid till the moment of the transaction for the realization of the cars.
4. Document about payment of fee, car sales appear to be mandatory when removing the cars or their registration in traffic police oversight, which was responsible for monitoring the correct calculation and fullness of the fee with the cars.
 (As amended by the Act of November 23, 2007-statements of the Mejlis of Turkmenistan, 2007, no. 4, p. 74), Paragraph 5. Dogs owners ' fee Article 220. Payers of the levy on dog owners dogs owners ' fee Payers are natural persons-dog owners (except) living in urban areas.
 
Article 221. The tax rate from dog owners dogs owners ' Fee is set by fixed values at a rate of 0.4 magnitude minimum wage established in Turkmenistan.
 
Article 222. Calculation and payment of the dogs owners ' fee levy is imposed on the authorities of housing and communal services. Citizens who are required to register their dogs in these bodies in accordance with the procedure and deadlines set by the local executive authorities and bodies of local self-government.
 
The Khalk Maslakhaty of Turkmenistan, President Saparmurat Turkmenbashi the great, President of Turkmenistan