An income tax is hereby imposed on every physical person who has income, including both residents and non-residents of the Kyrgyz Republic.
Members of farms, peasants’ and farmers’ unions, associations and other agricultural formations, for whom the land is the principal means of production and the principal source of income, shall only pay land tax.
The object of taxation shall be income, calculated as the difference between aggregate annual income and deductions allowed under this Code.
1. Aggregate annual income shall comprise all types of income both monetary and in kind, and in the form of works and services, received from:
1) employment, including wages and other forms of income received in exchange for labor services. Other forms of income from employment include receiving of:
a. payment (in any form) for providing any movable and immovable property;
b. income from disposal of intangible assets (non-ownership rights) to another person;
c. discount on purchase of goods;
d. insurance premium and other similar amounts paid by employers, with the exception of payments with regards to insured accident (event) concerning capital assets not exceeding their balance sheet value, where these payments are channeled to reconstruction of capital assets or purchasing similar types of capital assets;
e. other benefits except those established by the legislation.
2) investments and economic activity, received in the form of :
a. interest income, except interest previously taxed at the source of income in the Kyrgyz Republic;
b. dividend income, except dividends previously taxed at the source of income in the Kyrgyz Republic;
c. receipts from sales of:
(1) (deleted)
d. non-depreciable assets, their value being adjusted for inflation;
e. monetary payments and payments in kind, services, goods, discounts and benefits from any economic activity;
f. material benefit gained by a taxpayer as a positive difference between interest equal to the discount rate of the National Bank of the Kyrgyz Republic on the date of signing a loan (credit) agreement and interest on the loan (credit) granted to him by legal entities and physical persons
3) income derived from any source except for cases of taxpayer being exempt from taxation in accordance with this Code.
2. Aggregate annual income includes amounts transferred to the third party as:
1) mutual settlement with regards to the taxpayer’s debt to the third party;
2) payment related to direct and indirect expenses made by the third party to a taxpayer.
3. Aggregate annual income of a resident taxpayer shall comprise income received by a taxpayer in the territory of the Kyrgyz Republic and outside.
4. Aggregate annual income of a non-resident taxpayer shall comprise income received from the source in the Kyrgyz Republic.
5. Amounts resulting from revaluation of inventories shall not be included in taxable aggregate annual income.
6. Amounts of received mortgage credits shall not be included in the aggregate annual income.
Chapter 14 Deductions from Aggregate Income for the Purpose
of Determining Its Taxable Amount
1. Deduction from aggregate annual income shall be allowed for the following expenses of a taxpayer connected with deriving income:
1) labor remuneration;
2) social and material benefits to the employees;
3) reimbursement of intermediary services provided by brokers, dealers and investment funds with regards to purchasing securities;
4) all other production expenses incurred in deriving income;
5) insurance of assets connected with economic activity.
2. Traveling expenses shall be allowed for deduction only at the amount actually spent according to the filed documents (except daily allowance for which the rates shall be determined by the Government of the Kyrgyz Republic). Where no documents are submitted - at the amount established by the Government of the Kyrgyz Republic.
3. Where a taxpayer provides services as a worker or an employee, deductions from aggregate annual income of such a taxpayer shall be allowed for expenditures that are unavoidable due to the type of activity of a taxpayer and beneficial primarily to the employer, which have not been reimbursed.
1. Each taxpayer is allowed a deduction equal to six and a half minimum monthly wages for each month of a tax year.
2. A taxpayer is allowed an additional deduction for each month during a tax year:
1) one minimum monthly wage for each dependent member of his household;
2) one minimum monthly wage during a year in addition to a deduction provided under subitem 1) of this Item of the present Article for a mother who has given birth to and raised 4 or more children in the family of a taxpayer.
3. If a taxpayer has been awarded an Honorary Title by the Government he is entitled to one minimum monthly wage deduction during a tax year in addition to deductions provided under Items 1 and 2 of this Article.
4. Deductions under Item 2 of this Article may be claimed only by one taxpayer in respect of a particular dependent and a mother under subitem 2). of Item 2 of this Article, that being the taxpayer with the highest taxable income received prior to these deductions.
5. The following persons are entitled to an additional deduction for each month of a tax year:
1) invalids and veterans of military service who participated in the Civil, Great Patriotic Wars, in the war waged in Afghanistan, as well as in other countries, and invalids of Categories I and II shall be entitled to an additional deduction equal to 4 minimum monthly incomes;
2) spouses of military persons who perished in the war waged in Afghanistan and other countries under international agreements and invalids of Category III shall be entitled to an additional deduction of 3 minimum monthly incomes;
3) persons (including those sent for a period of time or on business to Chernobyl) having taken part in clearing away the destruction caused by the Chernobyl disaster within the zone of alienation, or those engaged in operation or other works at the Chernobyl atomic station shall be entitled to an additional deduction of 4 minimum monthly incomes.
6. If a taxpayer, leaving the Kyrgyz Republic, qualifies for deductions under the items of this Article, the deductions shall be allowed for each full month during which the taxpayer was a resident in the Kyrgyz Republic.
1. A deduction from aggregate annual income is allowed on a debt obligation for the interest paid for developing and conducting a taxpayer’s business.
2. The deduction must not exceed the amount of debt payable in the current tax year multiplied by a rate equal to 150% of the refinancing rate set by the National Bank of the Kyrgyz Republic at the moment of debt occurrence.
3. The deduction amount shall not exceed interest income of a taxpayer plus 50% of taxable income of a taxpayer, excluding interest income and expense.
4. Any interest expense that is not deductible under Item 3 of this Article shall be treated as interest expense deductible in the succeeding tax year.
5. Taxpayer's expense incurred in repaying mortgage credits and interest on them shall be deductible from his aggregate annual income.
1. Scientific research, experiments, designing and exploration expenses related to acquisition of income shall be deductible.
2. No deduction is allowed under Item 1 of this Article for the cost of acquisition and installation of capital assets.
(Deleted by the Kyrgyz Republic Law of 20 September, 2000, # 76)
1. Depreciation charges for capital assets used in production shall be deductible in accordance with the provisions of this Article.
2. The following are non-depreciable capital assets:
1) land;
2) inventory;
3) assets whose value is fully included in the cost of finished goods, works done, services provided in the current tax year .
4) capital assets, which are not involved in servicing the process of production, storage, sale and ensuring safe conditions for work and environment.
3. Depreciable capital assets are classified into five categories with the following depreciation rate limits:
|
1 |
Category 1. (cars, tractors for use on the road, special
tools, equipment and accessories; computers, peripheral and data processing
equipment ) |
30% |
|
2 |
Category 2 (automotive fleets, trucks, buses, special automobiles,
and trailers. Construction equipment. Machines and equipment for all sectors
of industry, foundries; press forging equipment; electronic and simple
equipment; agricultural machines. Office furniture) |
25% |
|
3 |
Category 3 (depreciable assets not included in other categories) |
20% |
|
4 |
Category 4 (railroad, sea and river transportation
facilities, power machines and equipment: power engineering equipment,
turbine equipment, electric engines and diesel generators. Power transmission
and communication devices; pipelines) |
10% |
|
5 |
Category 5 (buildings, constructions and structures) |
10% |
4. Depreciation charges for assets in each category are computed by applying a depreciation rate, specified in Item 3 of this Article, against the balance-sheet value of a category at the end of a tax year.
5. For buildings, constructions and structures (hereinafter “structures”) depreciation shall be computed for each structure individually.
6. The balance-sheet value of categories at the end of a tax year shall be computed as follows:
minus
2) the depreciation deduction for categories for the preceding tax year and the amount of deductions under Item 8 of this Article;
plus
3) (deleted)
plus
minus
5) the sales price of capital assets disposed of during the tax year.
7. If the balance-sheet value of a category at the end of a year is less than zero a taxpayer has to include the negative amount into his aggregate annual income and equate it to zero.
8. If the balance-sheet value of a category at the end of a tax year is less than 45 minimum monthly wages, a deduction is allowed for the total amount of the end-of-year balance-sheet value of the category.
If all the capital assets in a category have been disposed of, transferred to another person or liquidated, the total balance sheet value of the category adjusted for depreciation is subject to deduction .
The Government of the Kyrgyz Republic in agreement with the Legislative Chamber and upon approval of the People’s Representatives Chamber of the Jogorku Kenesh of the Kyrgyz Republic is entitled to establish rates of accelerated depreciation for specific types of capital assets.
1. A deduction for repairs expenses is allowed in respect of each category (within the scope of depreciation rates - here and after) stipulated in Article 80.
2. A deduction for repairs under Item 1 of this Article for every tax year is limited to 10 percent of the balance-sheet value of the capital assets categories at the end of the preceding tax year.
3. The excess of the cost of repairs over the limit stipulated in Item 2 of this Article, shall be treated as the cost of capital assets added to the category during the tax year, and shall increase the balance-sheet value of a category under Item 6 of Article 80.
1. Expenses incurred by a taxpayer in geological exploration work, including expenses incurred by a taxpayer in order to obtain the right to scientific researching, exploring, or exploiting natural resources are treated as the purchase of a capital asset, and a deduction as depreciation is computed at the rate for capital assets of category 2 (as defined in Item 3 of Article 80), and shall form a separate category of assets.
2. Preparatory work with the aim of further extraction of natural resource shall be treated as the purchase of a capital asset, and a deduction from annual aggregate income as depreciation is computed at the rate for capital assets of category 2 (as defined in Item 3 of Article 80) and shall form a separate category of assets.
1. The cost of acquiring or producing intangible assets shall be treated as the purchase of capital assets, and a depreciation deduction is computed at the rate for capital assets of category 2 (Item 3 of Article 80).
2. Item 1 of the present Article is only applied to intangible assets with the useful life of more than a calendar year. This Item is not applied to financial assets.
3. The cost of an intangible asset does not include the acquisition or production costs to the extent that they have been subtracted in calculating the taxpayer’s taxable income.
Taxpayer's expenses incurred in procurement of fixed production assets to be used by this taxpayer, rather than to be supplied to another subject, shall be deducted from aggregate annual income at the amount of 15% of their value.
Where a taxpayer treats expenses stipulated in Item 1 of this Article as deductible, these expenses shall not be included in depreciation charges on the procured fixed production assets.
Aggregate annual income of a
physical person shall be reduced by the amount of contributions to the Social
Fund of the Government of the Kyrgyz Republic at deduction rates.
1. A loss arising from disposal of securities shall only be offset against gains realized on the disposal of other securities.
2. If losses referred to in Item 1 of this Article cannot be offset in the year in which they occurred, they should be carried forward in the five succeeding years.
1. Losses from economic activity (aggregate annual income less allowable deductions) should be carried forward in the succeeding period of up to five taxable years.
2. In this case it is the amount by which the aggregate annual income is reduced in the appropriate year .
1. For the purposes of aggregate annual income calculation the following expenses are non-deductible :
1) expenses related to procurement and installation of capital assets and other capital expenses, with the exception of amounts deductible from aggregate annual income in accordance with Article 83.1 of this Code;
2) penalties and interest payable to the budget;
3) taxes payable under this Code, except for land tax and tax paid by the owners of transport facilities;
4) any expense incurred for the spouse or other member of a taxpayer’s family, for partners in economic activity or any other person, except when it is confirmed that these expenses were actually effected for the purpose of paying for the services rendered and arose from work necessity;
5) expenses incurred in procurement, management, or conservation of any type of property, the income from which is exempt from tax under this Code;
6) any loss resulting from the sale or exchange of property, directly or indirectly, by the taxpayer to either a member of the taxpayer’s family or to a partner in economic activity;
7) expenses for which the nature and amount cannot be certified by records maintained by the taxpayer (receipts, payment orders, etc.)
2. The taxpayer is not entitled to a deduction of his personal and domestic accommodation expenses from his aggregate annual income except as otherwise provided by this Code.
1. The following types of income are exempt income:
1) income in the form of property inherited, acquired as a gift by one physical person from another, or through humanitarian aid, except for:
(1). property received as remuneration for work,
(2). property received in exchange for the fulfillment of an obligation or rendering a service;
2) alimony payable as child support received under the current law;
3) any gain resulting from the transfer of property between spouses, or the transfer of property between former spouses incidental to their divorce;
4) proceeds of life insurance policies payable by reason of the death of the insured;
5) indemnification for work and out of work accidents;
6) compensation for injury payable pursuant to health or disability insurance;
7) income of physical persons from the sale of personal livestock, and poultry, whether sold alive or as food;
8) income from the sale of honey when harvested by a taxpayer from hives owned by him, or from the sale of fruit, vegetables or other fruit plants originating in the personal garden of a taxpayer. The presence of a personal garden shall be certified by the documents. Personal gardens do not include any lands provided to farmers in the established manner or holdings provided to physical person pursuant to a lease;
9) subsidies, compensations, pensions, allowances, stipends and transfers received from the Government of the Kyrgyz Republic.
10) interest on deposits to financing and crediting institutions, operating within the framework of credit unions and licensed by the National Bank of the Kyrgyz Republic, dividends;
11) compensation received for supplying blood and other types of donor activity, for supplying breast milk, as well as compensation received by medical staff for arranging blood collection;
12) income, other than the income received from economic activity, of invalids and participants of the Civil and Great Patriotic wars, military men who participated in the war in Afghanistan and other countries under international agreements, spouses of the military men perished in the Civil and Great Patriotic Wars;
13) cost of accommodation in recreation establishments and sanatoriums or health resorts as well as recreation camps for children;
14) income received by officers of the Home Affairs Ministry, National Security Ministry and Defense Ministry in the form of money compensation paid for military ranks and long service;
15) amounts of material aid granted to employees to compensate material damage suffered as a result of a natural disaster, fire or illness, and in case of death of an employee or his close relations;
16) amount of additional payments established for work in high mountainous areas;
17) dividends gained by credit union members on savings shares.
2. Aggregate annual income of a physical person shall be reduced by the value of an asset, including money, donated to non-commercial organizations, engaged in charitable activities. The preference allowed in this item should not exceed 2 percent of a taxpayer’s taxable income.
3. Aggregate annual income of a physical person does not include any gain from sale, exchange, or other disposition of movable and immovable assets owned by the taxpayer.
Taxable income, other than interest, of an individual at the source of income shall be subject to tax at the following rates, proceeding from aggregate annual income gained within a calendar year:
2) more than 50 minimal annual incomes – tax payable on the amount of 50 minimal annual incomes plus 20 % tax on income exceeding this amount.
(Deleted)
Interest payable to physical persons shall be taxed at the source of income at the rate of 10 %.