Unofficial English Translation
The Tax Law of the Kyrgyz Republic
Effective 1 July 1996
Revision Date: 11 July 2001;
reflects all amendments up to and including those dated 27 September 2001
Barents/USAID Fiscal Reform Project
DISCLAIMER
This is not an official translation. It has not been approved by the Kyrgyz
State Tax Inspectorate or any other official agency of the Government, and is
provided without charge by the Barents/USAID Fiskal Reform Project. It must not
be cited as evidence in disputes and should only be used for reference. Please,
refer to the original Russian language version of the Legislature.
Revision History:
First translation: Janiary, 1996
Amended translation issued:
4 March 1997
14 April 1997
20 June 1998
May 2000
20 September 2000
20 March 2001
26 June 2001
14 Lujy 2001
PART 1. GENERAL PROVISIONS
CHAPTER ONE
Tax Code Application
Article 1 Tax
Code
Article 2 Sphere of the Tax Code
Application
Article 3 Taxes in the Kyrgyz Republic
Article 4 Implementation and
Revocation of Taxes
Article 5 The Procedure for
Introducing Amendments to the Tax Code
Article 6 International Treaties and
Other Acts Ratified by the President of the Kyrgyz Republic or the Jogorku
Kenesh of the Kyrgyz Republic Prevail over the Tax
Article 7 Conversion of Foreign
Currency
Article 8 Instructions
Article 9 Definitions Used in the this
Code
PART 2. ADMINISTRATION
CHAPTER TWO
Functions, Authorities and Duties of the Tax Service
Article
10 Tax Service
Article 11 Legal Basis of Activities
of the Tax Service
Article 12 Forms of Documentation and
Instructions
Article 13 Tax Inspections
Article 14 Basic Functions of the Tax
Service
Article 15 Provision of Information to
a Taxpayer
Article 16 Secrecy of information
Article 17 Taxpayer Registration
Identification Number
Article 18 Tax Consultants
CHAPTER THREE
General Issues of Taxation Procedure
Article 19 Written Notification of
Taxpayers
Article 20 Validity of Notications and
other Documents
Article 21 Measurement of Time Periods with
regards to Tax Behavior
Article 22 Currency in which Taxes
shall be Assessed and Paid
CHAPTER FOUR
Preparation and Maintenance of Tax Information
Article 23 Preparation and
Retention of Records
Article 24 Filing Tax Declarations
Article 25 Filing Information on
Income
Article 26 Extension of Time to File
Declaration
Article 27 Rights of the Tax Service
to Obtain Information
Article 28 Requirements to Banks and
other Finance and Crediting establishments on the Issues of Tax Administration
CHAPTER FIVE
Assessments, Period of Limitations, Notice of Assessment
Article 29 Tax Accounting Methods
Article 30 Assessments
Article 31 Inventory and Revaluation
Procedure
Article 32 Gains and Losses from
Increment of Value or Disposal of Assets
Article 33 Cost of Assets
Article 34 Revenues and Deductions on
Long-Term Contracts
Article 35 Tax Year
Article 36 Due Time for Filing Tax
Declarations
Article 37 Notice of Tax Assessment
Article 38 Period of Limitations
CHAPTER SIX
Collection of Tax
Article 39 Payment of Tax
Article 40 Current Tax Payments
Article 41 Payment of Taxes based on
Tax Year Results
Article 42 Withholding Tax at the
Source of Income
Article 43 Addition of Recovered
Losses and Written off Debts to the Income of a Taxpayer
Article 44 Offset of Tax Paid outside
the Kyrgyz Republic
Article 45 Refund of Tax
Article 46 Extension of Payment_Time
Article 47 Order of Payment of Tax
Arrears
Article 48 Tax Liability Arising from
Liquidation
Article 49 A Person to whom Liability
regarding Tax Arrears is Transferred
CHAPTER SEVEN
Recovery of Tax
Article 50 Assessment, Withholding
and Transfer of Tax to the Budget
Article 51 Recovery of Tax through
Court
Article 52 Levy of Tax and Seizure of
a Taxpayer's Property
Article 53 Sale of Seized Property
Article 54 Levy and Seizure of Amounts
Due to the Taxpayer from Third Parties
Article 55 Collection of Tax during
Export and Import Transactions
Article 56 Levy and Seizure of Foreign
Currency
CHAPTER EIGHT
Appeal against Tax Service Decisions
Article 57 Administrative Appeals
Article 58 Appeals to Court
Article 59 Suspension of Court
Proceedings on Levy and Seizure Action
Article 60 Tax Liability Due during
Appeal filing and cosideration
CHAPTER NINE
Financical sanctions and Administrative Responsibility for the Violation of the
Tax Code by a Taxpayer
Article 61 Taxpayer's
responsibility
Article 62 Procedures Applicable to
Penalties and Interest
Article 63 Interest on Late Payment of
tax
Article 64 Penalty for Late Filing and
Late Payment
Article 65 Financical Sanctions for
Understatement of Tax
Article 66 Financical Sanctions For
Carrying on Economic Activity without Registration
Article 67 Responsibility for
Interference with Tax Investigation
Article 68 Responsibility officials
CHAPTER TEN
Criminal Offenses with Regards to Taxes
Article 69 Right to Preliminary
Investigation
CHAPTER ELEVEN
Resposibility for Offenses commited by Officials of TaxBodies
Article 70 Offenses by Officials
of Tax Bodies
Article 71 Recovery of a Taxpayer's
Losses Caused by Incorrect Actions of
Authorised Officials of the Tax Service
PART 3. INCOME TAX FOR PHYSICAL PERSONS
CHAPTER TWELVE
General Provisions
CHAPTER THIRTEEN
Aggregate Annual Income
Article 74 Composition of the
Aggregate Annual Income
CHAPTER FOURTEEN
Deductions from the aggregate Income for the assessment of its Taxable Amount
Article 75 Deduction of Expenses
of Deriving Income
Article 76 Deductions allowed to
physical persons
Article 77 Deduction of the expense of
interest payment for debt liability
Article 78 Deductions for scientific
research, experiments and designing and exploration expenditures
Article 79 Allocations to reserves
Article 80 Depreciation Charges for
capital goods
Article 81 Deductions with respect to
the cost of current repairs
Article 82 Deductions of expenses
incurred in connection with extraction of natural resources
Article 83 Expenses with regards to
intangible assets
Article 84 Contributions to the Social
Fund of the Government of the Kyrgyz Republic
Article 85 Losses on the disposals of
securities
Article 86 Carrying forward of
operating losses
Article 87 Expenses related to
investments and economic activity which are non-deductible from aggregate
annual income
CHAPTER FIFTEEN
Non-Taxable Income
CHAPTER SIXTEEN
Tax Rates
Article 89 Income Tax Rates for
Physical Persons
Article 90 (Deleted)
PART 4. TAX ON PROFITS OF LEGAL PERSONS
CHAPTER SEVENTEEN
General Provisions
CHAPTER EIGHTEEN
Aggregate Annual Income
Article 93 Aggregate Annual Income
CHAPTER NINETEEN
Deductions from the aggregate annual income made for the purpose of calculating
taxable profit
Article 94 Expenses of deriving
income
Article 95 Deduction of interest paid
on credit
Article 96 Deductions for scientific
research, experiments, designing and exploration expenditures
Article 97 Depreciation charges
Article 98 Deductions of expenses of
current repairs
Article 99 Expenses incurred in
connection with extraction of natural resources
Article 100 Deduction of expenses
incurred in acquiring or producing intangible assets
Article 101 Deduction to the Social
Fund of the Government of the Kyrgyz Republic
Article 102 Losses on the disposal of
securities
Article 103 Carrying forward of losses
incurred in connection with economic activity
Article 104 Loss reserves for Banks
Article 105 Expenses not subject to
deduction from aggregate annual income
CHAPTER TWENTY
Tax Rates
Article 106 Rate of tax on the
profits of Legal Persons
Article 107 Rate of Tax on Dividends
Article 108 Rate of Tax on Interest
Article 109 Rate of tax on income of
non-residents that are not connected with a permanent establishment in the
Kyrgyz Republic
Article 110 Additional tax on exported
income of a permanent establishment of a foreign legal person
Article 111 Peculiarities of taxing
gaming business (Change wef 7 April 97)
CHAPTER TWENTY ONE
Tax Preferences and Special Provisions
Article 112 Exemptions from tax
Article 113 Investment Funds
Article 114 Treatment of insurance
companies
Article 115 Current payments of profit
tax
PART 5. VALUE ADDED TAX
CHAPTER TWENTY TWO
General Provisions
Article 116 Value Added Tax and
its administration
Article 117 Objects of Taxation
Article 118 Regulating supplies upon
transition to the new VAT
CHAPTER TWENTY THREE
Payment of VAT
Article 119 Rate of VAT
Article 120 VAT Calculation Procedure
Article 121 VAT Crediting Procedure
Article 122 Apportionment of tax on
acquired material resources
Article 123 Accounting for VAT
liability and term of payment
Article 124 Entitlement of tax subject
to credit
Article 125 Crediting Procedure of the
excess amount of tax subject to credit
Article 126 The procedure of
accounting for excess VAT amount
CHAPTER TWENTY FOUR
Taxable Subjects
Article 127 Taxable subjects
Article 128 Registration requirements
Article 129 Registration of VAT
taxpayers
Article 130 Cancellation of
registration for VAT
CHAPTER TWENTY FIVE
Determination of Supplies of Goods, Works and Services
Article 131 Supplies of goods,
works and services
Article 132 Supplies by agents and
employees
Article 133 Transfers of rights to
business
Article 134 Date of tax liability
Article 135 Place of supply of goods
Article 136 Place of supply of works
or services
Article 137 Imports of goods
CHAPTER TWENTY SIX
Exempt Supplies and Zero-rated Supplies
Article 138 Exempt Supplies
Article 139 Supplies related to land,
agricultural produce and buildings
Article 140 Financial Services
Article 141 Life Insurance and pension
services
Article 142 Municipal Transport
Article 143 Postal Services and
pension and benefit delivery services
Article 143.1 Supply of communal
services to the population
Article 144 Privatization
Article 145 Supplies by non-commercial
organisations
Article 146 Betting and gaming
Article 147 Exemptions from VAT on
imports
Article 148 Import of fixed assets
exempt from VAT
Article 149 Zero-rated supplies
Article 150 Exports
Article 151 Diplomatic and similar
privileges
CHAPTER TWENTY SEVEN
Taxable Value
Article 152 Taxable Value of
Taxable Supplies
Article 153 Adjustments and Rebates
Article 154 Supplies made for a
consideration less than the market value
Article 155 Taxable value of imports
CHAPTER TWENTY EIGHT
VAT Payment, Accounting and Refund Procedures
Article 156 VAT Invoices and
Records
Article 157 VAT Reports and Payments
of VAT
Article 158 VAT Tax Period
Article 159 VAT refund from the budget
PART 6. EXCISE TAXES
CHAPTER TWENTY NINE
General Provisions
CHAPTER THIRTY
Domestic production of excisable goods
Article 165 Object of taxation
Article 166 Forms, methods and time
for paying excise taxes
Article 167 Responsibilities of taxpayers
Article 168 Transfer of excise tax amounts to
the budget
Article 169 Special Rules
CHAPTER THIRTY ONE
Imports of excisable goods
Article 170 The imposition of excise tax on
excisable imported goods
Article 171 Term of payment of excise taxes on
imports
Article 172 Exemptions from excise taxes on
imports
PART 7. LAND TAX
Article 173 Land Tax
Article 174 Objects of Taxation for
land tax
Article 175 Payers of land tax
Article 176 Principles of imposing
land tax
Article 177 Tax rates
Article 178 Tax on leased lands
Article 179 Term of land tax payment
Article 180 Exemptions from land tax
payments
Article 181 Land tax preferences
PART 8. LOCAL TAXES AND COLLECTIONS (wef 07 April 1997)
Article 182 Health resort tax
Article 183 Tax on advertisements
Article 184 Fee collection from owners
of dogs
Article 185 Fee for the right to hold
local auctions and lotteries, competitions and exhibitions for commercial
purposes
Article 186 Fee for parking
Article 187 Tax for the right to use
local symbolism
Article 188 Fee collected from the
deals done at commodities and raw materials exchanges
Article 189 Fee collected for refuse
disposal from the territory of built up areas
Article 190 Tax collected from persons
growing flowers in greenhouses and selling them to the population
Article 191 Hotel tax
Article 192 Tax on the right to
hunting and fishing
Article 193 Tax collected from
tourists leaving for countries outside the CIS
Article 194 Tax collected from casino
Article 195 Tax on paid services to
the population and retail sales
Article 196 Tax paid for premises or
parts of premises used for production, trade and social purposes
CHAPTER THIRTY-THREE
Tax from the owners of transport facilities
Article 197 Taxpayers
Article 198 Object of taxation and tax
amounts
Article 199 The procedure of tax
accounting, assessment and payment
Article 200 Tax Preferences granted to
the owners of transport facilities
CHAPTER THIRTY-FOUR
The Procedure of introducing, assessing, paying and accounting for local taxes
and fees
Article 201 The procedure of
introducing local taxes and fees
Article 202 The procedure of
assessment and payment of local taxes and fees
Article 203 Accounting and reporting
Article 204 Duties, rights and
responsibilities of taxpayers; tax body control
Article 205 Introduction of local
taxes and fees
Article 206 Preferences with regards
to local taxes and fees
Article 207 The procedure of using
receipts from local taxes and fees