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Legislation

 

The Tax Code of the Republic of Azerbaijan

(Approved by Law No. 905-IG of the Republic of Azerbaijan of 11 July, 2000)

General Part

Chapter 1. General Provisions

Article 1. Relations Regulated by the Tax Code of the Republic of Azerbaijan

1.1. This Code shall establish the tax system of the Republic of Azerbaijan, general principles of taxation in the Republic of Azerbaijan, rules of determination, payment and collection of taxes, the rights and responsibilities of taxpayers and State tax authorities, as well as other parties to taxation procedures, tax control forms and methods, liability for tax law violations and the procedures for lodging complaints against unlawful actions (inactions) committed by tax agencies and officials thereof.

1.2. This Code establishes the general principles of taxation and taxes for Nakhchivan Autonomous Republic and municipalities.

1.3. Definitions and rules determined in this Code shall be established for the purposes of tax payment and used only within the scope of taxation and tax control regulated by this Code and other legislative acts established on its basis.

1.4. Provisions of this Code on general taxation principles, tax payment rules (excluding sources of payment), rights and obligations of taxpayers and state tax authorities, as well as other participants of tax relations on taxation issues, forms and methods of tax control, liability for violation of tax legislation, rules of appeal of action (inaction) of state tax authorities and their officials are also applied to compulsory state social insurance contributions and unemployment insurance.

Article 2. Tax Legislation of the Republic of Azerbaijan

2.1. The Constitution of the Republic of Azerbaijan, this Code, and those legal acts adopted in compliance herewith, shall comprise the tax legislation of the Republic of Azerbaijan.

2.2. Any article of law adopted on the basis of this Code or for the purposes of its execution shall not contradict with the provisions of this Code.

2.3. Whenever there is conflicts on matters of taxation and tax control between legal acts on taxes and legislative acts in other areas, except for cases stipulated by Article 2.7. of this Code, the provisions of tax legislation shall apply.

2.4. Taxation and tax control issues can not be included into the legislative acts, other than tax legislation, with the following exceptions:

2.4.1. provisions concerning administrative offences in relation to tax issues, stipulated by the Code of the Republic of Azerbaijan for Administrative Offences;

2.4.2. provisions concerning tax crimes envisaged by the Criminal Code of the Republic of Azerbaijan;

2.4.3. provisions concerning the priority of tax obligations envisaged in the legislation on bankruptcy and insolvency;

2.4.4. the budget law provisions on taxes;

2.4.5. provisions governing state guarantees and term benefits on taxes;

2.4.6. provisions stipulated by agreements or laws on production sharing, main pipeline and other similar agreements and laws;

2.4.7. provisions stipulated by the legislation on oil and gas operations of export direction and special economic zones.

2.4.8. provisions stipulated by the Law of the Republic of Azerbaijan "On regulation of inspections in the field of entrepreneurship and protection of interests of entrepreneurs" in respect of tax audits (except on-site tax audit);

2.4.9. provisions stipulated by the Law of the Republic of Azerbaijan "On the Alat Free Economic Zone".

2.4-1. Provisions in connection with the granting of tax exemptions and privileges are set only by this Code. Other legal acts, besides this Code, including legal acts specified in Article 2.4 of this Code (except for Article 2.4.9 of this Code), can not stipulate provisions in relation to the tax exemptions and privileges.

2.5. Should any international treaty to which the Republic of Azerbaijan is a party provide for regulations that differ from those contained in this Code and legislative acts established on taxes, the provisions of these international treaties shall apply.

2.6. If international treaty with the intention of avoiding double taxation to which the Republic of Azerbaijan is the party applied by any person, who is not the resident of the state that entered into such treaty for the purpose of obtaining tax privileges, provisions of article 2.5. of this Code shall not be applied for the purposes of tax privileges to the resident of the state that is the party to such treaty.

2.7. If production sharing agreements and laws, main pipeline agreements and etc., approved before this Code is entered into force or after its enforcement, including the laws on oil and gas operations of export direction and special economic areas, oil and gas, contain provisions that differ from those stipulated by this Code and other legislative acts on taxes, then provisions of such agreements and laws shall be applied.

2.7-1. Issues related to taxation and tax control, tax exemptions and privileges in the Alyat free economic zone are governed in accordance with the requirements of the Law of the Republic of Azerbaijan "On the Alyat free economic zone".

2.8. In the event of required changes to the Tax Code of the Azerbaijan in connection with definition of tax policy, tax administration and tax rates within the next year state budget draft, the drafts of these laws shall be submitted to the respective executive authority no later than by May 1 of current year, and respective executive authority further submits them to Milli Majlis of the Republic of Azerbaijan. 

Article 3. Basis for establishment of taxes and their collection

3.1. Legislation on taxes is based on the universality, equality and fairness of taxation

3.2. Taxes shall have an economic base.

3.3. It is not allowed to establish taxes that will limit everybody's constitutional rights and freedom.

3.4. It is not allowed to determine taxes that violate the single economic space of the Republic of Azerbaijan (in particular those that will directly or indirectly limit the free movement on the territory of the Republic of Azerbaijan (of goods and services) and monetary means, or otherwise limiting the legal activities of taxpayers).

3.5. No one can be forced to pay the tax from the profit (income) of one type more than once.

3.6. The taxes shall not be of discriminatory nature and shall not be established based on the political, ideological, ethnic, confessional or other existing differences between taxpayers.

It is prohibited to establish different tax rates based on the form of ownership, citizenship of individuals or origin of capital.

It is allowed to establish different rates of customs duties for commodities imported into the territory of the Republic of Azerbaijan, dependant on commodity's country of origin in accordance with this Code and customs legislation.

3.7. Taxes in the Republic of Azerbaijan shall be determined only by this Code; their changes or cancellations shall be implemented by making the changes in this Code.

3.8. No person can be obliged to pay taxes, that have indications of taxes established by this Code but not established by it or taxes that were established in the order different to that specified by this Code.

3.9. The tax legislation shall be formulated in the order that will allow everyone to know what taxes, in which order, when and how much he shall pay.

3.10. The tax system shall encourage the entrepreneurship and investment activity.

3.11. All contradictions and obscurities and uncertainties in the tax legislation shall be interpreted in favour of the taxpayer.

3.12. Individuals and legal entities shall have a free access to regulating legislative acts on taxes.

Article 4. The tax system of the Republic of Azerbaijan

4.1. The taxes levied in the Republic of Azerbaijan shall be as follows:

4.1.1. state taxes;

4.1.2. autonomous republic taxes;

4.1.3. local (municipal) taxes.

4.2. State taxes are those taxes that are stipulated by this Code and are obligatory for payment on the entire territory of the Republic of Azerbaijan.

4.3. The taxes of Autonomy Republic are those taxes that are stipulated by the laws of Nakhichevan Autonomy Republic in accordance with this Code and obligatory for payment in the Nakhichevan Autonomy Republic.

4.4. Local (municipal) taxes are those taxes stipulated by this Code and applicable legislation, applied by the resolution of municipalities and obligatory for payment on the territory of municipalities. Other obligatory payments applied by municipalities shall be stipulated by the relevant laws.

Local (municipal) taxes rates shall be established within limits stipulated by tax legislation. In accordance with tax legislation municipalities shall be entitled to make decisions on complete or partial tax release or decrease of tax levels for certain categories of taxes paid by taxpayer in their areas.

4.5. In accordance with this Code special tax regime can be applied on the territory of the Republic of Azerbaijan.

The special tax regime stipulates the special procedure for tax calculation and payment for the specified period of time.

4.6. It is not allowed to levy taxes that are not stipulated by this code.

Article 5. Forms of taxation

5.0. Amounts of tax shall be collected in following forms:

5.0.1. directly from the source (tax collection before obtaining income or profit);

5.0.2. by declaration (tax collection after obtaining income or profit);

5.03. by notice (payment of the tax by taxpayer on the basis of payment notice, issued for the sum, calculated by taxation authority or municipality on the basis of cost of the taxation object and area). 

Article 6. State taxes

6.1. State taxes are as follows:

6.1.1. the individual income tax;

6.1.2. tax on the profit of legal entities (except of municipal-owned enterprises and organizations);

6.1.3. value added tax;

6.1.4. excise tax;

6.1.5. property tax levied from legal entities;

6.1.6. land tax levied from legal entities and individuals in cases, provided for in Article 206.1 of the present Code;

6.1.7. road fund taxes;

6.1.8. mining tax;

6.1.9. simplified tax.

6.2. This code establishes maximum rates for all state taxes.

6.3. State tax rates introduced on yearly basis shall not exceed the rates established by this Code and those shall be reconsidered annually during the approval of state budget legislation of the Republic of Azerbaijan. 

Article 7. Taxes of Autonomy Republic

The taxes of autonomy republic are the state taxes levied in the Nakhichevan Autonomy Republic, listed in article 6.1. of this Code (with the exception of Road Fund Tax).(14)

Article 8. Local (municipal) taxes

8.1. Local (municipal) taxes are as follows:

8.1.1. land tax levied from individuals in the cases provided for in Articles 206.1-1 and 206.3 of the present Code;

8.1.2. property tax levied from individuals;

8.1.3. mining tax on construction materials of local importance;

8.1.4. profit tax of enterprises and organizations that are the property of municipalities.

8.2. Procedures for calculation and payment of local taxes, roles and responsibilities of taxpayers and tax authorities of local municipalities, forms and methods of tax control, liability for violation of tax legislation, complaint procedures for actions (inactions) of municipal tax authorities and their officers are established by the relevant legislation. (6, 54)

Article 9. Tax calculation and payment currency

On the territory of the Republic of Azerbaijan taxes are calculated and paid in the currency of the Republic of Azerbaijan - manats.

Article 10. Parties of relations regulated by tax legislation

10.0. Parties of relations regulated by tax legislation are as follows:

10.0.1. individual and legal entities recognized by this Code as taxpayers;

10.0.2. individual and legal entities recognized by this Code as tax agents;

10.0.3. state tax authorities of the Republic of Azerbaijan;

10.0.4. customs authorities of the Republic of Azerbaijan;

10.0.5. financial authorities of the Republic of Azerbaijan, in the link with solution of issues stipulated by this Code;

10.0.6. state power authorities, local self-management bodies, other authorized bodies and officials, other than tax and customs authorities that conduct the collection of financial means from taxpayers for the purposes of tax collection and their bank transfers to the state budget in cases stipulated by this Code.

Article 11. Definition of Tax

Tax - a compulsory, individual and non-refundable payment made to the state or local budget in the form of collection of monetary means from taxpayers with the purpose of providing the financial basis to the state and municipal activities. 

Article 12. Main terms of tax institution

12.1. The tax shall be considered as established only if taxpayers are determined as well as following elements of taxation:

12.1.1. object of taxation;

12.1.2. basis for taxation;

12.1.3. tax period;

12.1.4. tax rate;

12.1.5. tax calculation procedure;

12.1.6. tax payment procedure and timing;

12.2. During tax institution privileges can be established on basis stipulated by this Code.

12.3. Objects of taxation are: income, profit, property, land, minerals, value of sold commodities (works, services), trade markup or other subjects of taxation stipulated by this Code.

12.4. Taxation base - the quantitative expression of the part of subject of taxation from which the tax is levied.

Article 13. Main definitions used in this Code

13.1. The definitions of civil, family and other areas of the legislation of the Republic of Azerbaijan used in this Code shall be interpreted as determined in these areas of legislation, unless otherwise stipulated by this Code.

13.2. Following definitions are applied for the purposes of this Code:

13.2.1. Person - any individual or legal entity, permanent representation, branch or other section of non-resident;

13.2.2. Legal entity - enterprises and organizations established with the status of legal entity in accordance with the legislation of the Republic of Azerbaijan or legislation of foreign state.

13.2.3. Individual - citizen of the Republic of Azerbaijan, as well as foreigner and stateless person.

13.2.4. Taxpayer - any person who is obliged to pay taxes from subjects of taxation determined in accordance with this Code.

13.2.5. Resident:

13.2.5.1. any individual who meets at least one of the following requirements:

  • who actually was on the territory of the Republic of Azerbaijan for a total of more than 182 days during any 12-month period ending in a calendar year;
  • was in the State service abroad for the Republic of Azerbaijan during the calendar year or within one calendar year;
  • if individual's period of stay on the territory of the Republic of Azerbaijan and foreign state (in any) does not exceed the period of 182 days in accordance with indention two and three of paragraph 13.2.5.1. of this Code then this individual shall be deemed as the resident of the Republic of Azerbaijan based on criteria set in following order:
  • permanent place of residence;
  • place of vital interests;
  • place of normal residence;
  • citizenship of the Republic of Azerbaijan.

13.2.5.2. The individual shall be recognized as non-resident of the Republic of Azerbaijan from the last day of his stay on the territory of the Republic of Azerbaijan during the tax year, until the end of this tax year only if this person is non-resident of the Republic of Azerbaijan in the following tax year.

13.2.5.3. Any legal entity established in accordance with the legislation of the Republic of Azerbaijan and involved in entrepreneur activities or with the place of management on the territory of the Republic of Azerbaijan. For the purposes of this Article the legal entity management location shall be deemed the location of main operations, in which the commercial decisions are taken as required for management, and at which the daily practical management is performed, independent of location of main control bodies.

13.2.6. Non-resident:

13.2.6.1. persons with diplomatic or consular status on the territory of the Republic of Azerbaijan and their family members;

13.2.6.2. staff members of international organizations that had passed the appropriate state registration on the territory of the Republic of Azerbaijan or person on the national service of foreign country in the Republic of Azerbaijan, as well as their family members;

13.2.6.3. person passing from one foreign country to another through the territory of the Republic of Azerbaijan;

13.2.6.4. articles 13.2.6.1. and 13.2.6.2. of this Code not to be applicable for persons involved in entrepreneur activities on the territory of the Republic of Azerbaijan.

13.2.6.5. diplomatic representations, consular organizations and other official representations of foreign states that hold the diplomatic privileges and immunity, international organizations and their representations as well as representations of foreign companies and firms not involved in entrepreneur activity;

13.2.6.6. other persons, to whom the definition of resident is not extended.

13.2.7. Taxpayer's family members:

13.2.7.1. spouses;

13.2.7.2. parents, children, adoptive parents and adopted children, grandfathers, grandmothers and grandchildren;

13.2.7.3. heirs;

13.2.7.4. blood (step) sisters (brothers);

13.2.7.5. nephews and nieces;

13.2.7.6. sisters, brothers and parents of spouses;

13.2.7.7. spouses of sisters and brothers;

13.2.7.8. sisters (brothers) of parents;

13.2.7.9. guardians and wards, when linked to each other as the result of same household management as parents and children.

13.2.8. «Goods» - any tangible or intangible property (assets), including electrical and heat energy, gas and water.

For the purposes of value added tax (VAT) intangible assets, monetary means and land shall not be recognized as goods.

13.2.9. Intangible assets - intellectual property, including trade marks, other aspects of industrial property as well as similar rights recognized as the property of taxpayer in the order established by appropriate legislation.

13.2.10. Provision of goods - transfer of the right of ownership on goods to other person, including, but not limited to, sell of goods, their exchange, donation, payment in kind for labour and other in kind payments, as well as the transfer of right of ownership on the pledged goods to the lender or other person.

13.2.11. Service (work) - activity that does not involve provision of any commodities and the results of which have a financial value.

For VAT purposes the transfer of ownership on monetary means and land to other party as well as provision of contracted employee services is excluded.

If commodities used during provision of services (implementation of works) are not provided separately or compensation costs not included in the value of services (works) and are not indicated separately in the agreement or payment documents, such goods or commodities shall be considered an integral part of the service (work).

13.2.12. Income - the total value of transactions, related to the provision of goods (works and services), as well as non-trade income. Time of gaining the income for tax purposes is established by Articles 132 and 135 of this Code.

Non-operating income - income from holding shares in other enterprises, income obtained from sale of enterprise shares, bonds and other securities, as well as other income obtained from operations that are not directly related to the production and sale of commodities and services (works), including the amount received as penalty or loss compensation, increased exchange rate difference on foreign currency operations, amounts of accounts payable and receivable with the limitation period, expired in accordance with the law.

13.2.13. Name of taxpayer, buyer, customer or any person - name of legal entity passed state registration, full name of individual.

13.2.14. Financial Services:

13.2.14.1. the granting or transferring of credits, financial leasing operations, credit guarantees and other pledge guarantees in monetary-credit transactions, including the management of credits and credit guarantees by the grantor;

13.2.14.2. any transaction connected with the management of deposits and accounts of clients, payments, transfers, debt obligations and payment instruments;

13.2.14.3. any transaction connected with the circulation of currency, monies or bank notes that are legal tender (with the exception of those used for numismatic purposes);

13.2.14.4. any transaction connected with the circulation of shares, bonds, certificates, bills, checks or other securities. Services on safekeeping of bills, securities and other valuables are not financial services;

13.2.14.5. any transaction relating to financial derivatives, forward contracts, options and similar arrangements;

13.2.14.6. any service related to the management of investment funds;

13.2.14.7. any insurance or re-insurance transactions, as well as insurance agent and insurance broker in connection with these transactions.

13.2.15. Dividend - payment in money or other form, made by legal entity in favor of its founders or shareholders as distribution of net profit (income less taxes and expenses by simplified tax payers), including the distribution of property (assets) formed at the expense of net profit account in case of liquidation of a legal entity, as well as return of stocks (shares) within their nominal price, increased due to net profit.

Income from the distribution of property upon liquidation of a legal entity (excluding property, formed due to retained earnings), as well as payments made with distribution of shares without changes to percentage of shares owned by shareholders and re-call of stocks (shares) within their nominal price (excluding the increasing nominal value of stocks (shares) due to retained earnings), shall not be considered a dividend.

13.2.16. Income from an Azerbaijani Source -

13.2.16.1. income derived from employment in the Republic of Azerbaijan;

13.2.16.2. income derived from sale by manufacturer of goods produced in the Republic of Azerbaijan;

13.2.16.3. income derived from producing goods, performing work or rendering services in the Republic of Azerbaijan;

13.2.16.4. income derived from an entrepreneurial activity attributable to a permanent establishment located on the territory of the Republic of Azerbaijan, to include income from the sale of similar goods (works, services), that can be considered as goods (works, services) sold by said permanent establishments as well as income from activity that can be considered as activity implemented by such permanent establishment or comparable activities;

13.2.16.5. income derived from an entrepreneurial activity on the territory of the Republic of Azerbaijan:

  • from writing off bad debts of taxpayer by creditors;
  • from selling fixed assets defined as income pursuant to Article 114.7 of this Code;
  • from compensation of costs or decrease of reserves pursuant to Article 141 of this Code;

13.2.16.6. income in the form of dividends received from a resident legal entity and from the realization or cession of an equity share in said legal entity to another person;

13.2.16.7. income in the form of interest received from residents;

13.2.16.8. pension paid by a resident;

13.2.16.9. income in the form of interest received from a person with a permanent establishment or property located in the territory of the Republic of Azerbaijan - if the indebtedness of said person relates to said permanent establishment or property;

13.2.16.10. income in the form of royalties paid in connection with location or use of property located on the territory of the Republic of Azerbaijan, or income from the sale of property stipulated in paragraph 13.2.23 of this Article, which is located or used in the Republic of Azerbaijan;

13.2.16.11. income from the lease of movable property utilized in the Republic of Azerbaijan;

13.2.16.12. income from real property in the Republic of Azerbaijan, including from the transfer of participating shares in said property;

13.2.16.13. income from the transfer of stocks or participating shares of an enterprise whose assets, exceeding 50 percent, directly or indirectly, from the value of real property in the Republic of Azerbaijan;

13.2.16.14. other income arising from the transfer of property that is not connected with resident's entrepreneurial activity;

13.2.16.14-1. direct and indirect payments to entities, established (registered) in countries with preferential taxation provided for in Article 128 of this Code, including branches and representative offices in other countries, as well as to bank accounts in countries with preferential taxation made by resident and non-resident permanent representations in the Republic of Azerbaijan. For the purposes of this article, the principal amount (excluding interest) of debt repaid on loans received, does not relate to profits from an Azerbaijani source. The provisions of this article do not apply to correspondent accounts opened by resident banks;

13.2.16.15. income from management, finance services - if such income is paid by a permanent establishment of resident or non-resident legal entity located in the Republic of Azerbaijan, or if said income has been generated by virtue of a contract signed with said enterprise or permanent establishment;

13.2.16.16. income paid as insurance payment under agreements on the insurance or re-insurance of risks;

13.2.16.17. income from telecommunication and transportation services during international communication and shipments between the Republic of Azerbaijan and other states;

13.2.16.17-1. payments in connection with activities in the Republic of Azerbaijan in the field of culture, art, theater, cinema, radio, television, music, sport, engineering, architecture and science.

13.2.16.18. other income arising by virtue of activity in the Republic of Azerbaijan, which is not stipulated in above paragraphs. When determining the source of income according to this paragraph, the place where the income is paid shall not be taken into account, as well as either it paid directly or indirectly.

13.2.17. Fixed Assets - tangible assets with a service life of more than one year, the value of which exceeds 500 manats that are subject to amortization in accordance with Article 114 of this Code.

13.2.18. Interests - any charge relating to a debt obligation, including payments for credits (loans) and deposits (accounts).

13.2.19. Net Profit - profit after deduction of profit tax;

13.2.20. Participant - shareholder, partner or other participant in an enterprise's profit.

13.2.21. Property - any personal property or real estate, including non-tangible assets, turnover funds and other objects of ownership rights.

13.2.22. Residual value of property - the original value of fixed assets on enterprise's balance less the amount of amortization calculated on this fixed assets.

13.2.23. Royalty - payments for use of copyrights or rights on the use of works of literature, art and science; software and films, and other non-tangible assets, any information of patenting, trade marks, design or model, plan, secret formula or process, industrial, commercial and scientific expertise, use of industrial, commercial or scientific equipment or transfer of rights to use such products.

13.2.24. Cash register - electronic equipment or computer systems used for registration of payments for goods (works, services) provided, with fiscal memory and appropriately registered by tax authorities.

13.2.25. Forward contract- agreement, confirming the obligation to purchase (sell) securities, goods or monetary means in future at specified time and indicated terms at the price indicated at the time of when such forward contract was signed.

13.2.26. Option- the document confirming the right of person to purchase (sell) securities, goods or monetary means in future at specified time and indicated terms at the price fixed at the time of making such option or the time of such purchase by the agreement of parties.

13.2.27. Non-commercial activity- it is a conduct of legal activity the purpose of which is not generation of profit and that stipulates the use of income received in non-commercial purposes only, including the purposes of its charter. Otherwise such activity shall be considered as commercial.

13.2.28. Non-commercial organization- legal entity that conducts non-commercial activity, does not distribute the generated income between its founders (shareholders) and does not use such income for commercial purposes. Otherwise such organization shall be considered as commercial.

13.2.29. Export of Goods - removal of goods from the territory of the Republic of Azerbaijan, which are considered export goods according to customs legislation.

13.2.30. Re-export of Goods - export of goods that are considered re-export goods in accordance with customs legislation by the person importing said goods, provided that such goods are in the same condition as were when imported.

13.2.31. Import of Goods - importation of goods into the territory of the Republic of Azerbaijan, which are considered import goods according to customs legislation.

13.2.32. Re-import of Goods - import of goods that are considered re-import goods in accordance with legislation by the person exporting these goods, provided that such goods are in the same condition as were when imported.

13.2.33. Transit through the Territory of the Republic of Azerbaijan - transportation of goods through the territory of the Republic of Azerbaijan between two frontier posts of the Republic of Azerbaijan in accordance with procedures established by customs legislation.

International transportation - transportation by different types of transport of goods, passengers, baggage and mail on the basis of shipping documents between the point of departure (destination) located in the Republic of Azerbaijan and the destination (departure) located in the other state.

13.2.34. Employment - labour activities carried out in accordance with agreement (contract) for compensation payment regulated by labor code. For the purposes of this Code, any individual engaged in employment shall be referred to as «the employee», a person who pays for the service provided by such individual as an employee shall be referred to as «the employer» and said payment - «the salary».

13.2.35. Charity shall be defined as that activity individual and/or charity organization performs, which consists of rendering assistance, to include the transfer of monies, without compensation, to individuals in need of material or other assistance (aid), or to organizations and charitable organizations that directly provide such assistance (aid), including charity organizations. Scientific, educational activities performed in the public interest shall be considered charity except where otherwise stipulated in this Code. Assistance (aid) given shall not be construed as charity if:

13.2.35.1. the recipient of said assistance (aid) assumes any obligation to the provider, which is of a property or non-property nature (with the exception of obligations to utilize the funds or property received as targeted);

13.2.35.2. the recipient and provider of said assistance (aid) are deemed to be interrelated;

13.2.35.3. said assistance (aid) is rendered to any individual or legal entity with the intent of helping that person or entity participate in an election campaign.

13.2.36. Charity organization- non-commercial organization conducting charity activities.

13.2.37. Entrepreneurial (commercial) activity - any activity of entrepreneur, performed independently, at own risk, with the purpose of profit (income in respect of the private entrepreneurs) obtaining from use of the property, supply of goods, fulfillment of works or services.

13.2.38. Budget organization- non-commercial organization activity of which is financed in part or in full with funds from the treasury on a budgetary estimate and which does not have a payments account.

13.2.39. Enterprise- for the purposes of this Code enterprises are the structures involved in entrepreneurial activities and established for such activities. This is to include:

13.2.39.1. legal entities established pursuant to Republic of Azerbaijan law;

13.2.39.2. legal entities established in accordance with the legislation of foreign state (corporations, companies, firms and other similar structures), their branches and representative offices;

13.2.39.3. branches, sub-elements or other separate units of legal entities, outlined Article 13.2.39.1 of this Code, which have their own balance sheet, separate ledgers or other accounts.

13.2.40. VAT deposit account - single treasury account, on which the operations are performed associated with receipt, registration and movements of VAT and its payment to state budget.

13.2.41. Commercial legal entity - structure defined as such by the Civil Code of the Republic of Azerbaijan.

13.2.41-1. Legal entity of public law - structure defined as such by the Law of the Republic of Azerbaijan "On Legal Entities of Public Law".

13.2.42. Non-commercial legal entity - structure defined as such by the Civil Code of the Republic of Azerbaijan.

13.2.43. Betting games, conducted in connection with sports games - games, conducted by operator of betting games, conducted in connection with sports games, based on a preliminary prediction of the outcome of sports events and providing to the participants, suggesting the right assumptions, monetary awards (winning) on the basis of pre-announced criteria;

13.2.44. The operator of betting games, conducted in connection with sports games - a legal entity accredited in accordance with Article 53-1 of the Law «On Physical Culture and Sports» for the purpose of betting games, conducted in connection with sports games.

13.2.45. Seller of betting games, conducted in connection with sports games - a person carrying out activity under a contract entered into with the operator of betting games, conducted in connection with sports games and ensuring all communications between participants of betting games and operator of betting games, conducted in connection with sports games in contact with the centralized system of totalizator.

13.2.46. A third person - resident or non-resident in respect of which the tax authorities perform on-site or off-site audit directly related to the provision of goods (works, services) of the taxpayer;

13.2.47. Tax risks - risks in the form of the probability of occurrence of financial loss for taxpayers due to incorrect determination of tax liabilities for any reason;

13.2.48. Minimizing the tax risk - reducing or eliminating the negative impact on the full or partial performance of tax assessments of the taxpayer;

13.2.49. Tax partnership agreement - an agreement of intent voluntarily signed between the tax authority and the taxpayer to minimize tax risks;

13.2.49-1. Advance tax ruling - document referred to in Article 77-1 of this Code, confirming the advance establishment by the tax authority of tax liabilities on taxable transactions, which will be implemented in the future, and the legal consequences, that come as a result of application of the tax legislation;

13.2.49-2. Voluntary tax recognition - a voluntary declaration by taxpayers to the tax authorities of circumstances, not identified after the completion of on-site tax inspection and being the cause of arising of the tax obligation;

13.2.50. Large taxpayer - the taxpayer meeting at least one of the following criteria for the purposes of this Code (except for budgetary organizations):

13.2.50.1. if in each of the previous three years, the residual value of owned fixed assets at the end of the year exceeds 2,500,000 manats and previous three-year average annual turnover (excluding VAT) exceeds 1,250,000 manats;

13.2.50.2. if for the last three fiscal years the calculated amounts of all taxes and other non-tax payments stipulated in this Code exceeds 500,000 manats for each year;

13.2.50.3. taxpayers referred to the natural monopolists or subjects, occupying a dominant position in the market in accordance with the legislation of the Republic of Azerbaijan, including their subsidiaries - residents of the Republic of Azerbaijan.

13.2.51. Enterprise with special tax regime - taxpayer, operating under the agreements or laws on production sharing, approved by the legislation, main export pipeline and other such agreements and laws, including the law of oil and gas, oil and gas activities for export and special economic zones, which are governed by special rules of calculation and payment of taxes in a period in taxation and tax control, as well as diplomatic and similar representations of foreign countries on the territory of the Republic of Azerbaijan, consular and other official representations;

13.2.52. Resident of the industrial park - a legal entity or an individual engaged in entrepreneurial activities without forming a legal entity that has received a certificate of registration of industrial park in the manner prescribed by the relevant executive authority and operates in the industrial park;

13.2.53. Resident of the technology park - a legal entity or an individual engaged in entrepreneurial activities without forming a legal entity that has received a certificate of registration of technology park in the manner prescribed by the relevant executive authority and operates in the technology park.

13.2.54. Building - is a construction object of a closed three-dimensional structure provided for a living, human activities, their protection from the environmental impact, providing them with social, cultural and personal services, location of the production facilities, storage of the material assets;

13.2.55. Commercial activity - business activity in connection with the provision of goods, with the exception of provision by the producers of local produced goods;

13.2.56. Catering activities - business activities in connection with the provision of food products to the buyer, made (cooked) for consumption in the facilities of the catering object, where this activity is carried out or for take-away;

13.2.57. The moment of commencement of construction and installation works - the moment of the actual start of construction and installation work on the construction of the building object, specified in the project of the building object, for the construction of which the permit has been issued, as well as in the architectural and planning section of the project of the building object, to which a notification production is applied, in compliance with the requirements of Article 80.4 of the Town Planning and the Building Code of the Republic of Azerbaijan;

13.2.58. Investment promotion certificate - document issued to legal entities and private entrepreneurs, engaged in investment activities, in the manner prescribed by the relevant executive authority and is the basis for the benefits, provided for in Articles 102.1.23, 106.1.17, 164.1.26, 199.11 and 207.5 of this Code (subject to Article 67-2 of this Code) and the Law of the Republic of Azerbaijan «On customs tariff»;

13.2.59. Financial markets supervisory authority - a structure created by the relevant executive authority to implement the regulation and control of the financial markets;

13.2.60. Agricultural production - growing, feeding of animals and birds, receiving from them of products in a living form (in their initial form without conversion to a new product, using as a semi-finished product, changing the chemical composition, conservation) including industrial process (including special broiler farms, automated stall systems and other), plant-growing products;

13.2.61. Sale of agricultural products - provision of agricultural products for purposes of this Code with the following requirements:

13.2.61.1. produced animals (including by industrial way, in special broiler farms, automated stall systems and other places) should be provided in a live form, as well as products obtained from them in living form should be in the initial form, with no exposure to any chemical effect;

13.2.61.2. when providing the plant products and other agricultural products, it should keep the initial natural form, its chemical composition shall not be changed, conserved;

13.2.62. Retail sale - trading activities on the sale (provision) of goods to the buyer with the ultimate consumer purpose and only in the manner prescribed by this Code or with the presentation of the receipt of the cash register (delivery note or electronic delivery note or relevant electronic tax invoice at the request of legal entities and individuals, engaged in entrepreneurial activities);

13.2.63. Wholesale - trading activities on the implementation of the sale (provision) of goods to the buyer for the business purposes and only in the manner prescribed by this Code, with the submission of the delivery note or electronic delivery note or e-tax invoice;

13.2.64. Trade markup - the margin between the VAT exclusive retail sale price of the goods (the market price in the case if goods are bartered or provided on a gratuitous basis) and the purchase price, paid to the consignor;

13.2.65. Transfer price - the price, established in transactions between the persons specified in Article 14-1.2 of this Code, which must correspond to the prices, fixed in comparable transactions between independent persons under the same conditions;

13.2.66. Financial institution - for the purposes of this Code, taxpayer carrying out at least one of the following activities:

13.2.66.1. banking activity;

13.2.66.2. activity on cumulative and (or) annuity life insurance;

13.2.66.3. depositary activity - the word "depositary" for the purpose of this Code refers to a legal entity, a significant part of the activity of which is deposit of the financial assets for others. If profit derived by an enterprise from the storage of deposit of financial assets for others and providing appropriate financial services is at least 20% of the profit, it receives from the general activity for a period of less than listed below periods, then deposit of financial assets is considered to constitute a significant part of the enterprise's activity:

13.2.66.3.1. three-year period ending 31 December (or the last day of the reporting period, not being a calendar year) of the year, preceding the year in which the financial institution is assigned as depositary;

13.2.66.3.2. the period of carrying out the activity of the enterprise;

13.2.66.4. trading activities carried out for the customer, or on behalf of the customer on securities (bills, depositary receipt, etc.), derivative financial instruments, exchange rate, interest rate of foreign currency and index instruments or commodity futures;

13.2.66.5. activities of investors portfolio management;

13.2.66.6. activities carried out by a legal entity, controlled by a person engaged in any activity, specified in articles 13.2.66.1 - 13.2.66.5 of this Code;

13.2.67. Tax monitoring in financial institutions - control measures for compliance with the requirements of international treaties , providing for the exchange of tax and financial data by the financial institutions, to which the Republic of Azerbaijan is a party;

13.2.68. Electronic audit - tax audit, carried out with the creation of access possibilities from a distance or direct access through a special software to the financial (accounting) information of taxpayer, kept in electronic form;

13.2.69. Tax advantage - evasion of tax payment within the due terms and in the amount, established by this Code, without changing the actual economic indicators of a taxable transaction;

13.2.70. Scheme of tax evasion - operation or transaction, concluded in any form in order to obtain a tax advantage;

13.2.71. Actual economic indicator of taxable transaction - amount, volume (volume of the consignment), terms of performance and conditions of a taxable transaction.

13.2.72. Electronic cabinet - an individual electronic page, established in the information system of the body (structure), defined by the relevant executive authority on the basis of an agreement between the tax authority and the taxpayer in the form, established by the body (structure), defined by the relevant executive authority, allowing entry through a password code, issued by the tax authority and ensuring the exchange of information between the taxpayer and the tax authority;

13.2.73. Center of economic interests - the location of the economic entity (object), which, compared with other economic entities (objects), including production sites, is more involved in the formation of the taxpayer's income from its activities, regardless of the location of the main controlling bodies of the taxpayer, including also the location of production sites;

13.2.74. Capital - the value of the net assets of the taxpayer after deducting all liabilities from the assets;

13.2.75. Compulsory labeling - a code of compulsory labeling and other protective elements applied to goods for the purposes of tax control over the import, production, sale and turnover of these goods, determined by the body (structure), defined by the relevant executive authority;

13.2.76. Excise stamp - control mark affixed to paper on excisable goods for the purpose of tax control over the import, production, sale and turnover of these goods;

13.2.77. Innovation activities - activities directed at the creation and performance of new or improved goods (works, services), the technological process through the introduction of research and developmental works and their results with the aim of achieving economic or social benefits;

13.2.78. SME cluster company is a legal entity that meets the criteria established by the body (structure) defined by the relevant executive authority and supports the development of micro, small and medium-sized businesses, which, in coordination with the body (structure) defined by the relevant executive body, received a certificate of SME cluster company;

13.2.79. A member of the SME cluster is a legal entity or individual that has entered into an agreement with the SME cluster for activities in the SME cluster that supports the development of micro, small and medium-sized businesses that have been issued a certificate by a member of the SME cluster by an organ (structure), defined by the relevant executive authority;

13.2.80. Startup - entrepreneurial activity that meets the criteria established by the body (structure), defined by the relevant executive body, supporting the development of micro, small and medium-sized businesses, and carried out on the basis of an innovative initiative by persons, who have received "Startup" certificate from the body (structure) determined by the relevant executive body. 

Article 14. Market value

14.1. Market value - the price of the good (work, service) based on interrelation of demand and supply.

14.2. Unless otherwise stipulated by this article, for the purposes of taxation the price of goods (works, services) fixed for operation (deal) shall be used. Unless otherwise proved this price shall be used as market value.

14.3. Excluding transactions carried out between entities, provided for in Article 14-1.2 of this Code, the calculation of taxes, taking into account the market value, may be carried out:

14.3.1. during barter (exchange of goods), import-export operations;

14.3.2. during implementation of deals between interrelated persons;

14.3.3. if the price level applied by taxpayers to goods (works, services) of the same property or type, taking into account the requirements of article 14.6.1 of this Code, differs (lower and higher) from the price level prevailing in the market with relevant operations for the same goods (works, services) within 30 days;

14.3.4. when insuring the company property for the amount in excess of its depreciation value;

14.3.5. if it is necessary to determine the amount of the monthly rent for the purposes of taxation of real estate (except for housing stock, that is not used for business purposes).

14.4. The market value shall be determined until the good (work, service) is sold, but not later than 30 days from the moment the good (work, service) is sold at the price established on the closest date (before or after) at appropriate deals on identical (analogue) goods (works, services). The market value of securities shall be determined based on stock exchange rate for identical securities of the same emitter on closest previous date from the moment these securities were sold, only if such rates were announced in accordance with procedure above.

14.5. During the determination of market value, the deal between interrelated persons, as defined in Article 18 of this Code, shall be considered only if their relations did not have any impacts on the result of such deal.

14.6. If provisions of Articles 14.4. and 14.5 of this Code are not applicable, the market value of good (work, service) shall be determined in accordance with requirements of this Article. The regular costs on production and/or marketing (purchase price and residual value) of good (work, service), transportation, storage, insurance and other similar costs shall be considered as well as added values and discounts practiced during deals between non-interrelated persons, that will consider the factor of demand and supply. Specified costs shall be considered also when the good losses its quality or other consumer characteristics or expiration (close expiration) date as well as other similar cases.

14.6.1. Following factors are taken into consideration in determination of the market prices of goods (works, services), which can influence the prices:

14.6.1.1. volume (volume of goods batch) of delivered goods (implemented works and rendered services);

14.6.1.2. obligation execution term, payment provisions;

14.6.1.3. change of demand for goods (works, services) and offer (including seasonal fluctuations of consumer demand);

14.6.1.4. country of origin of goods, place of purchasing or procurement;

14.6.1.5. delivery terms for goods (works, services);

14.6.1.6. the quality level of goods and other consumption indicators;

14.6.1.7. in relation with implemented marketing policy introduction on market of new, non-analogue goods (works, services), or introduction of goods (works, services) to new markets, provision of samples of goods with the purpose of acquiring of consumers;

14.6.1.8. in determination of market prices on execution of works, provision of services, including in the area of repair, construction, installation works, transportation, leasing, education, medical services and other areas, taken into consideration the area of work execution, and provision of services, their qualitative indicators and other circumstances, which can affect the price.

14.6.2. In determination of prices in connection with quality of goods (works, services) below market price, quality level is confirmed by competent person.

14.6.3. If on relevant goods (works, services) market with similar or same kinds of goods (works, services) no operations are conducted, and it is not possible to collect the information on market prices of these goods (works, services) from official or open sources, following evaluation methods can be applied:

14.6.3.1. On the basis of subsequent (secondary) selling price. Market prices of goods (works, services) are determined on the basis of subsequent (secondary) selling price of these goods (works, services). The market price is determined with deduction of applied raise from subsequent selling price.

14.6.3.2. On the basis of value accumulation method. Market prices are calculated with accumulation of costs and profits, motivated by the party providing goods (works, services).

14.6.3.3. If market prices of goods (works, services) can not be determined by one of the methods established in this Article, market prices are determined by contractor expert.

14.6.4. Determined market prices are used only for the purposes of taxation and goods (works, services) are considered by actual selling price in accordance with procedures stipulated under the legislation.

14.6.5. If the purchasing price of purchased goods (works, services) exceeds the market price for more than 30 percent and its value contains costs deducted from income, the value of these goods (works, services) is assigned for costs deducted from the income on market values, and taxes are re-calculated in following cases:

14.6.5.1. in cases, if unreasonable increase of actual of purchasing price of purchased goods (works, services) is detected;

14.6.5.2. if it is not possible to determine the supplier of goods (works, provider of services).

14.6.6. If the price level applied to provided goods (works, services) of taxpayers, will significantly be below 30 percent level of market values, determined on the basis of this Code, then taxes are calculated on the basis of market prices, and if exceeds it, then on actual provided prices

14.7. The complex of deals, providing the delivery of goods (works, services) by one party and their exchange for other goods are the part goods swapping (works/services swapping) deals. The market value of delivered (purchased) goods (works, services) on the basis of such deals shall be determined in accordance with provisions of this Article.

14.8. The taxpayer holds the right to submit to state tax authority the evidences that market values for goods (works, services) are determined in certain deals in accordance with the procedure that differs from one stated in this article.

14.9. During the determination and recognition of goods (works, services) market value the official sources of information on market values of goods (works, services) and exchange rates, databases of state and local authorities, information submitted by taxpayers to state tax authorities, information of advertisement sources and other appropriate information shall be used.

14.10. During provision and purchasing of goods (works and services) (with exception of exports, prices for which are regulated by the relevant executive authority, for the purposes of taxation are used the prices, established by the relevant executive power authority. 

Article 14-1. Transfer price

14-1.1. In the absence of comparable data on individual transactions and (or) the inability to obtain information from official and public sources of goods (works, services) prices, provided among persons, with the exception of persons specified in Article 14-1.2 of this Code, the transfer price is determined based on one of the following methods:

14-1.1.1. on the basis of subsequent (recurrent) sale price determined in accordance with the procedure set forth in Article 14.6.3.1 of this Code;

14-1.1.2. based on the method of adding the value determined in accordance with the procedure set forth in Article 14.6.3.2 of this Code;

14-1.1.3. on the basis of cost-effective method. Under this method, the transfer price of goods (works, services) is determined by comparing the share of profit, derived by a person who is party to the transaction, in his total expenditure or income, or the total cost of assets with price index, formed within comparable transactions, carried out between other persons, except those specified in article 14-1.2 of this Code;

14-1.1.4. based on the profit distribution method. Under this method, the transfer price of goods (works, services) is determined by comparing the share of profit, earned by each of the parties in the course of transactions conducted between persons referred to in Article 14-1.2 of this Code, being members of the same group of companies, by these same transactions in the share in the total profits derived from the same group transactions except those specified in the Article 14-1.2 of this Code.

14-1.2 Taxes can be computed as follows based on the transactions made between persons mentioned below taking the transfer price as a basis:

14-1.2.1. between a resident of the Republic of Azerbaijan and non-residents interconnected with it;

14-1.2.2. between the permanent representation of a non-resident in the Republic of Azerbaijan and this non-resident or any of its representative office, branch or other offices located in other countries, any other person interrelated with this non-resident and located in another state;

14-1.2.3. between the permanent representation of a resident and(or) non-resident of the Republic of Azerbaijan in the Republic of Azerbaijan and entities, founded (registered) in the preferential tax countries.

14-1.3. If at the time of transactions between entities under Article 14-1.2 of this Code, the prices applied by the taxpayer to the goods (works, services), offered by him will be lower than the low level of prices formed under the same conditions between other parties for the same transaction, except those specified in Article 14-1.2 of this Code, the tax is computed based on the transfer price, and if it is above the upper limit, then based on the actual sale price.

14-1.4. The difference, arising as a result of application of transfer prices is used for purposes of the profit (income) tax.

14-1.5. If the purchase price of the acquisition of goods (works, services) will be higher than the highest price, formed under the same conditions among others for the same transaction, except those provided for in Article 14-1.2 of this Code, and their cost is included in the expenses subtracted from the goods (works, services), the cost of these goods (works, services) is included in cost of goods subtracted from transfer price and taxes computed again.

14-1.6. In determining the factors that may affect the price of the application of transfer price, the provisions of Article 14.6.1 of this Code shall apply.

14-1.7. The taxpayer has the right to present evidence that the transfer price of goods (works, services), has been set in accordance with the procedure that differs from what is indicated in this Code.

14-1.8. In determining the transfer prices of goods (works, services), the official sources of the quotations on the exchange of information, the information provided by the taxpayer to the tax authorities, the data from the reports placed in open sources of information, and other relevant information are used.

14-1.9. Procedure for determining and applying a transfer prices shall be set forth by the relevant executive authority. 

Chapter II. Taxpayer. Tax Agent

Article 15. Taxpayer's rights

15.1. The taxpayer holds the following rights:

15.1.1. to receive the free of charge written information from on existing taxes and tax regulations, that control the procedures and conditions of tax payments, rights and responsibilities of taxpayers and well as rights of tax authorities and their officials;

15.1.2. to receive from tax authorities clarifications on issues related to the application of tax legislation;

15.1.2-1. to refer with an application to the tax authorities in order to decide on the advance tax ruling;

15.1.3. to take advantage of tax privileges in events and in accordance with the procedures specified by this Code;

15.1.4. to require the timely return or crediting of overpaid or overcharged taxes;

15.1.5. directly or via their representatives to participate in tax relations outlined by legislation;

15.1.6. to receive copies of acts (protocols) made in relation with tax inspection and decisions of tax authorities;

15.1.7. to require tax authorities and their officials to follow the terms of tax legislation on taxpayer;

15.1.8. not to follow unlawful acts (decisions) and requirements of tax authorities and their officials that do not correspondent with the Tax Code and other legal acts on taxes;

15.1.9. to appeal administratively and (or) in court in accordance with established procedure the decisions (omission) of tax authorities and their officials;

15.1.10. to require the provision of commercial and (or) tax confidentiality in accordance with established procedure;

15.1.11. to require in accordance with established procedure the compensation for all losses caused by illegal acts (decisions) of tax authorities or unlawful actions of their officials;

15.1.12. to review the acts and other materials of tax inspections, to express to tax authorities and their officials own opinion on calculation and payment of taxes, as well as on the acts of tax inspections conducted;

15.1.13. to request tax authorities to conduct new check by chronometer method in connection with changes to production volume or sales turnover upon last check, conducted by chronometer method, in compliance with the terms stipulated in the Article 50-1.2 of this Code;

15.1.14. to order the defined model of cash register for registration in established order in tax authorities;

15.1.15. perform cash payment of taxpayer engaged in activities stipulated under Article 16.1.8 of this Code via cash registers;

15.1.15-1. apply to the tax authorities with an application in the form determined by the relevant executive authority to enter into an "Tax Partnership Agreement" in order to minimize tax risks;

15.1.15-2. apply to the tax authority with a statement in the form prescribed by the relevant executive authority for the sale with the VAT refund in accordance with Article 165.3 of the present Code;

15.1.16. to take advantage of other rights established by this Code and legislation;

15.2. Rights and legal interests of taxpayers are guaranteed by legislative regulations.

The procedure on protection of rights and interests of the taxpayer shall be determined by this Code and other legislation.

The rights and legal interests of taxpayer shall be provided by the authority of tax bodies and their officials.

The failure to execute or insufficient execution of duties on protection of rights and legal interests of the taxpayer shall involve the responsibility established by the legislation.

15.3. The taxpayer can participate in tax relations directly or through his authorized representative, unless otherwise stipulated by this Code. 

Article 16. Taxpayer's responsibilities

16.1. The taxpayer is responsible:

16.1.1. to pay for taxes legally established, as well as interests accrued in accordance with this Code, applied financial sanctions and other obligatory fees;

16.1.2. to receive the taxpayer's identification number (TIN) from tax authorities;

16.1.3. to keep the record of all incomes (costs), including income (costs), exempted from taxes, and articles of taxation;

16.1.3-1. to ensure submission by the persons, who are obliged to keep accounting in electronic form in accordance with the Law of the Republic of Azerbaijan "On Accounting", of the information, the list and form of which are established by the body (structure), defined by the relevant executive authority, to the body (structure) defined by the relevant executive authority;

16.1.4. to submit a tax report to the tax authorities, in cases and in accordance with procedures established by this Code, and in cases where an audit is envisaged, with an audit opinion attached, and also a statement of operations, the total value of which exceeds 500,000 manats, in the form established by the relevant executive authority, for each person referred to in Article 14-1.2 of this Code, taking transfer prices as a basis, within the time limits provided for the profit tax declaration (income);

16.1.4-1. to provide information (including their registry data) about the persons referred to in Article 14-1.2 of this Code at the request of the tax authority;

16.1.5. to follow lawful requirements of tax bodies to remedy indicated violations of tax legislation as well as not to cause any obstructions to the lawful activities of tax authority officials;

16.1.6. to submit to tax authorities and their officials necessary information and documents, and in the case of accounting in an electronic format, to submit such information at the request of the tax authority with the creation of opportunities for direct or remote access to the data on their electronic media or electronic media of their branches, in events and in accordance with procedures established by this Code;

16.1.7. for the period stipulated by the legislation to provide the safekeeping of accounting books and other documents necessary for tax calculation and payment, as well as documents that confirm incomes obtained (for legal entities also costs incurred) and paid (withheld) taxes;

16.1.7-1. to carry out the activities, provided for in Article 220.10 of the present Code, with obtaining a "receipt of payment of a fixed simplified tax";

16.1.8. to make cash payments for retail trade and/or public catering through a POS-terminal that meets the criteria set by the body (structure), defined by the relevant executive body and connected in real time to the electronic information system of the body (structure), determined by the relevant executive authority, except for the following activities:

16.1.8.1. sale of newspapers and magazines (in case if the share of such trade in the total turnover is more than 50 percent);

16.1.8.2. sale of agricultural products in markets, fairs and mobile sale;

16.1.8.3. mobile retail trading activity from the counters, automobiles and towed trailers, in the markets and other places of mass trade;

16.1.8.4. sale of securities and lottery tickets;

16.1.8.5. activities of facilities, supplying electric power, gas, water, hot water and central heating system.

16.1.9. in implementation of cash payments provide the receipt, cheque, bank statements and other strict reporting forms to the buyer and provide the reflection of information specified under legislation, in these cheques, bank statements or strict reporting forms;

16.1.10. in the event of damages or other disorders incurred to cash register during the operations, tax authorities shall be informed immediately and use of cash register shall be seized temporarily and ensure registration of cash payments within such period of time in an order stipulated by the respective executive authority;

16.1.11. introduction of relevant notes to information sections of duplicate certificates, received from tax authorities for opening of accounts for the purposes of entrepreneur activities in non-resident banking institutions and other non-resident credit organizations, and their submission to tax authority before the term of operations performance on these accounts;

16.1.11-1. in accordance with Article 17 of the Law of the Republic of Azerbaijan «On Protection of Consumers Rights» to ensure the installation of POS-terminals for cashless payments and (or) in the exercise of activities as a seller in accordance with Article 5.1 of the Law of the Republic of Azerbaijan «On electronic commerce» to provide an opportunity to consumers to make electronic payments on the basis of mentioned Law;

16.1.11-2. to block funds in the amount of 105% of the additional amount charged for debit transactions in current and other accounts in national or foreign currency, in the period of consideration of complaints in the court on charged or overcharged taxes, as well as interest or financial sanctions applied by the tax authorities on the results of a on-site or off-site tax inspection and the entry into force of the court judgment in connection with the filed complaint (except for cases of the taxpayer's consent to the payment of these funds);

16.1.11-3. at the request of the tax authority to provide to the tax authorities and their officials the hard and (or) soft copies of information and documents on the financial transactions, carried out on the basis of international treaties, wherein the Republic of Azerbaijan is one of the party, providing for the exchange of tax and financial data in connection with the conduct of the tax monitoring in financial institutions;

16.1.11-4. ensure compliance with the requirements of normative legal acts of the Republic of Azerbaijan as well as international treaties, wherein the Republic of Azerbaijan is one of the party, providing for the exchange of tax and financial data, when opening the accounts for legal entities and individuals by the financial institutions, or providing them with financial services and submission of electronic statements, containing information, provision of which by the financial institutions is stipulated in accordance with Article 76-1 of this Code, in the form approved by the relevant executive authority;

16.1.11-5. create the necessary conditions for drawing up an inventory of the property by officials of tax authorities in cases and order established by the present Code, seizure of the property for safekeeping, and not to hinder their legal activities in this sphere;

16.1.11-6. issue the electronic delivery note in accordance with the procedure stipulated by this Code, in connection with the provision of goods (works, services) by other persons to legal entities and individuals, engaged in business activities, with the exception of the following persons:

16.1.11-6.1. the provision by entities, engaged in banking operations, of services under the accounts of the customers;

16.1.11-6.2. the provision by state bodies, local governments and budget organizations of works and services;

16.1.11-6.3. provision of services by notaries (for the production of notarial acts and in connection with notarial acts);

16.1.11-7. issue the delivery note or electronic delivery note or electronic tax invoice to buyers of goods (works, services) at their request during transaction in retail trade and (or) public catering, along with a receipt of cash register;

16.1.11-8. ensure the implementation of the transactions, implementation of which in cash is restricted by law, only in a cashless form;

16.1.11-9. purchase, import, store for the purpose of selling or sale of goods subject to mandatory labeling, with mandatory labeling, as well as following the procedure established by the body (structure), defined by the relevant executive authority regarding the circulation of these goods;

16.1.12. other responsibilities established by this Code and legislation.

16.2. If the taxpayer was not involved in entrepreneurial activities within the reporting period or did not implement any taxable operations, he shall submit the note to the tax authority instead of tax report.

16.3. If the taxpayer has temporarily stopped the entrepreneurial activity or other taxable operations within the tax year, he shall submit to the tax authority the respective note, in the form stipulated by the executive power authority, dated no later than the date of stoppage of entrepreneur activity. The note shall include the time of stoppage of entrepreneurial activities or other taxable operations.

If it was established that the taxpayer actually carried out the activities in the period of temporary suspension of entrepreneurial or other taxable operationsis required, tax authority requires to provide reports for periods of temporary suspension of business or other taxable transactions by giving the notification to the taxpayer.

16.4. In accordance with Articles 16.2 and 16.3 of this Code, if the taxpayers submitting the note, have the property and (or) land, tax reports on property and/or land shall be submitted to the tax authority in accordance with procedures and terms, established by this Code.

16.5. Notes stipulated under Articles 16.2 and 16.3 of this Code, shall loss their force from the date appearance of obligation for submission of tax reports.

16.6. Information on insured (reinsured) fixed assets owned by legal entities, their branches and representative offices, by the end of the quarter before the 20th day of the next month, is submitted by insurers and reinsurers to the body (structure) defined by the relevant executive body in the form established by the body ( structure) as defined by the relevant executive authority;

16.7. Information on payments made by card organizations in non-cash order in accordance with Article 165.5 of this Code shall be submitted at the end of the month before the 20th day of the next month to the body (structure) determined by the relevant executive body, in the form established by the body (structure), determined by the relevant executive authority. 

Article 17. Tax agent

17.1. The tax agent - person who in accordance with this Code is authorized to calculate taxes, withhold them from the taxpayer and make the payment to the budget.

17.2. The tax agent shall have the same rights as a taxpayer unless otherwise is stipulated by legislation.

17.3. The tax agent is responsible:

17.3.1. correctly and timely calculate, withhold from the taxpayer and transfer appropriate taxes;

17.3.2. to keep the record of taxes paid by the taxpayer, withheld and transferred appropriately, including those which are personal for each taxpayer;

17.3.3. to submit to state tax authorities documents necessary to control the correctness of tax calculation, withholding and payment;

17.3.4. within 30 days to inform the tax authorities with which registered in writing on impossibility to withhold the tax from the taxpayer and the amount of taxpayer`s debts;

17.3.5. to perform other duties set by this Code.

17.4. For failure to execute or insufficient execution of his duties the tax agent shall hold the responsibility in accordance with procedure stipulated by this Code and other legislation.

17.5. For failure to execute or insufficient execution of his duties by tax agent, due to the fault of person under whose management this tax agent is, the responsibility in accordance with this Code and other legislation shall be laid on person the tax agent reports to.

17.6. The tax agent, appointed in accordance with Article 149.1.3-1 of this Code, within 30 days after appointment, submits to the tax authorities a certificate in the form established by the relevant executive authority.

Article 18. Interrelated persons

18.1. Interrelated persons for the purposes of taxation are individuals and/or legal entities, relations between which might have direct effect on economic results of their activities or the activities of persons they represent.

18.2. For the purposes of this Article persons shall be considered as interrelated:

18.2.1. if one person directly or indirectly has a share in other person's property (authorized capital) and his share or vote is not less than 20 percent;

18.2.2. if one person reports to another person due to his ranking or one person is under the direct or indirect control of other person;

18.2.3. if persons are under the direct or indirect control of the third person;

18.2.4. if persons have a direct or indirect control over the third person;

18.2.5. family members indicated in article 13.2.7. of this Code.

18.3. For the purposes of this Article, one person is considered as the person controlling another person, if this person has the ability to restrict or direct the activities of another person.

Article 19. Permanent establishment.

19.1. The permanent establishment of legal or natural non-resident person in the Republic of Azerbaijan is the place in which such persons themselves or via their authorized representatives fully or partially conduct their entrepreneurial activities in the Republic of Azerbaijan for the cumulative period of not less than 90 days within any 12 months.

19.2. The permanent establishment shall include, but not to be limited to following:

19.2.1. the place of management;

19.2.1. subdivision;

19.2.3. office;

19.2.4. branch or agency;

19.2.5. construction and repair sites, installation and assembly facilities, as well as supervisory activities associated therewith;

19.2.6. platforms, sites, drilling equipment or vessels used for the exploration and production of natural resources, as well as supervisory activities associated therewith;

19.2.7. any fixed base (location) where a non-resident individual carries out entrepreneurial activity;

19.2.8. premises used for the provision of consulting services;

19.2.9. any places of employment in which other types of entrepreneurial activity conducted on the territory of the Republic of Azerbaijan;

19.2.10. persons executing functions of the permanent establishment for non-resident enterprises or non-resident individual in the Republic of Azerbaijan, or people acting on their behalf, authorized to make agreements on their behalf and usually conducting such responsibilities;

19.2.11. places of goods' manufacturing and provision, execution of works and services;

19.3. Different from provisions of article 19.2. of this Code, following shall not be considered as activities performed by permanent establishment:

19.3.1. storing and demonstration of goods and products belonging to non-resident enterprise;

19.3.2. storing stocks of goods or products belonging to a non-resident enterprise for eventual processing and subsequent export from the Republic of Azerbaijan by a third party;

19.3.3. purchase of goods or manufacturing of products by non-resident enterprise for its own needs;

19.3.4. implementation by non-resident enterprise of any preparatory or support activity for its own needs;

19.3.5. the joint execution of any types of activities specified in articles 19.3.1-19.3.4. of this Code.

19.4. For the purposes of this Article any place in the Republic of Azerbaijan where legal or natural non-resident person conducts activities for the cumulative period of not less than 90 days within any 12 months shall not be recognized as permanent establishment; in this event the income from Azerbaijanian source in accordance with articles 125 and 169 shall be taxed at the source of payment.

Chapter III. State Tax Authorities (Agencies)

Article 20. State Tax Authorities and their purpose

20.1. State Tax Authorities in the Republic of Azerbaijan are the appropriate body of executive power and tax bodies under its direct management.

Within their level of competence tax authorities are holding the authority of law enforcement agencies.

20.2. State authorities are conducting their activities independent from local authorities of executive power.

Decisions made by tax authorities within their level of competence shall be obliging for all legal entities and individuals.

20.3. Tax authorities are exempt from the payment of state fee for court applications proceedings.

20.4. The tax authorities shall exercise control over full and timely payment of taxes, with the exception of local taxes (municipal taxes), as well as road tax, VAT and excise tax, deduction of which is the responsibility of state customs authorities.

20.5. When it is stipulated by this Code, authorities of tax bodies on road fund tax and in the area of import and export operations shall be conducted by customs in events and in accordance with procedures established by the legislation.

20.6. Authorities indicated in article 20.5. of this Code shall act within their level of competence on the basis of this Code, Customs Code, other laws of the Republic of Azerbaijan and legislative acts approved in accordance with thereof. 

Article 21. Legal basis for the activity of the tax authorities

The Constitution of the Republic of Azerbaijan, this Code and legal acts adopted in accordance with them shall be the legal basis for the activity of the tax authorities.

Article 22. Social Protection of State Tax Employees and Material Incentives and Development Fund of State Tax Authorities

22.1. Social protection of State tax employees shall be guaranteed by the State, they shall be insured, on a compulsory basis, at the expense of the state budget. The procedure and conditions of compulsory insurance shall be established by the legislation.

Where a serious bodily injury is caused to a State tax employee, which prevents him from engaging in his professional activity, such employee shall receive from the budget the difference between official salary and pension.

Damage caused to the property of a State tax employee and his family members in relation with his professional duty shall be fully compensated from the state budget, the relevant amount further being collected from the person in fault.

22.2. In order to strengthen social protection of employees of tax authorities, including the strengthening of material-technical base of the tax authorities, raising scientific and technological potential in the tax field, the off-budget fund of these authorities shall be established at the expense of 50 percent of the amount of financial sanctions imposed by the tax authorities and collected to the state budget. The procedure for the formation of the off-budget fund of the tax authorities and the use of its funds shall be established by relevant executive authority. 

Article 22-1. Deductions from financial sanctions applied by tax authorities and other means

22-1.1. In order to strengthen the social protection of employees of relevant executive authorities, as well as to strengthen the material and technical base of the tax authorities, to increase the scientific and technical potential in the tax sphere, 50 percent of the amount of tax sanctions applied by tax authorities and received by the state budget and funds from the sale of unmarked with excise stamps or marked with counterfeit excise stamps of goods confiscated by court order, are transferred to the accounts of the relevant executive power authorities. The order of distribution and use of these funds is established by the relevant executive authority.

22-1.2. 50% of the amount of the financial sanction applied by the tax authorities for violation of the requirements of the Law of the Republic of Azerbaijan "On Social Insurance" and included in the fund provided for in Article 19 of this Law, are transferred to the accounts of the bodies (structures) defined by the relevant executive authority in order to strengthen the facilities and equipment of the bodies (structures) defined by the relevant executive authority and the social protection of their employees. The distribution of these funds and the procedure for their use are determined by the body (structure), defined by the relevant executive authority. 

Article 23. Rights of State Tax Authorities

23.1. State tax authorities shall have the following rights:

23.1.1. to perform the operative tax control, desktop and on site tax inspections in cases and in accordance with procedures established under this Code;

23.1.2. with respect to legal entities and individuals, to examine all financial documents, accounting books, reports, estimates, cash, securities, and other assets on hand, returns, declarations and other documents relating to the calculation and payment of taxes, receive, and also in the case of accounting in an electronic format require information stored on electronic media of the taxpayer or electronic media of its branches, creating the possibility of direct or remote access to such data, from officials and other employees of organizations and individuals information and oral and written explanations on questions arising in the course of such examination;

23.1.2-1. on the basis of international treaties, providing for the exchange of tax and financial data, to which the Republic of Azerbaijan is a party, to require the documents and information, arising from the requirements of such treaties, in electronic carriers and (or) hard-copy form from the persons;

23.1.3. to examine, in cases and manner, prescribed by Article 50-1 of this Code in order to determine the volume of production or sales, all production, storage, commercial and other premises (on the territories), maintained by organizations and individuals with the purpose of generating income or keeping taxable objects and conduct observation of such premises through chronometrical methods, to obtain documents and objects in cases, stipulated by the present Code, to conduct electronically and (or) in paper form inventory of property, owned or used by it (except for residential areas), or in accordance with the procedure established by respective executive power body;

23.1.4. to require the taxpayers to remedy the cases of violation of tax legislation and also, in cases when taxpayer shall be checked by auditor - auditor conclusion;

23.1.5. to review as stipulated in legislation the cases on violation of tax laws, to add interests for underpaid taxes of legal entities and individuals, to apply financial sanctions and administrative penalties to such persons;

23.1.6. to provide payment in accordance with procedure established by the legislation, to the state budget, interests, financial sanctions and administrative penalties that are not paid in due time;

23.1.6-1. to ensure the imposing of taxes, interests, financial sanctions and administrative penalties, taking as a basis the actual economic indicators, when reveling the scheme of tax evasion, the main purpose of which is to obtain tax advantages during on-site tax audit;

23.1.7. to issue to banks and other credit organizations the instruction, which shall be an executive (payment) document, to arrange for execution of administrative penalties for collection of arrears and tax interests, applied financial sanctions, calculated in accordance with legislation, to the state budget from the settlement, foreign currency and other accounts of taxpayers;

23.1.8. to file claim in the court of law on arresting the payment, current and other accounts of the taxpayer in cases and in accordance with procedure established by the legislation, to take measures on taxpayer's property inventory in accordance with this Code;

23.1.9. to question citizens on tax issues in cases and in accordance with procedures established by the Law of the Republic of Azerbaijan on «Investigation activity»;

23.1.10. to enter and conduct the inspection of premises (with the exception of living premises), facilities and lands in cases and in accordance with the Law of the Republic of Azerbaijan on «Investigation activity»;

23.1.11. to make test purchases of commodities lands in cases and in accordance with the Law of the Republic of Azerbaijan on «Investigation activity»;

23.1.12. to conduct interrogation in accordance with procedures established by the Criminal Code of the Republic of Azerbaijan;

23.1.13. if unmarked excise commodities and commodities subject to mandatory labeling, as well as literature (in paper and electronic formats), audio and video materials, goods and articles of religious significance and other informational materials of religious content are found to provide the inventory of such commodities and pass them to the taxpayer for responsible storing or his consent, in locations determined by executive representatives of tax authorities;

23.1.13-1. to exercise control in the sphere of preventing the intentional destruction, falsification, illegal manufacture, use and sale of control marks;

23.1.14. to invite specialists, experts, translators and witnesses in accordance with procedures established in this Code;

23.1.15. in accordance with legislation to organize sales of commodities without excise marks or marked by forged excise marks, as well as not marked with a mandatory mark or marked by forged mark, confiscated by a court decision;

23.1.15-1. apply to the court for the recovery of debts and accrued interests on calculated taxes, applied financial sanctions to the state budget, or distress sale of the property of the taxpayer at the specialized public auction in order to ensure payment of the debt and interest on accrued taxes, applied financial sanctions;

23.1.15-2. conclude with the taxpayers "Tax Partnership Agreement" in order to minimize tax risks, in the manner and form determined by the relevant executive power authority;

23.1.15-3. apply to the court for temporarily restriction of the right of the individual or the head of the executive body of the legal entity, being a taxpayer, to leave the country, as a method to ensure the payment of the debt and interest on accrued taxes, applied financial sanctions, if the taxpayer fails to fulfill tax obligation within the term established by this Code;

23.1.15-4. supervise compliance with the rules established by the relevant executive authority in relation to the regulation of the turnover of goods subject to marking with excise stamps and commodities subject to mandatory labeling, on the territory of the Republic of Azerbaijan;

23.1.15-5. to conduct tax monitoring in the financial institutions and to receive in connection with it the electronic and (or) paper-based documents and records of financial transactions, carried out in accordance with international treaties, providing for the exchange of tax and financial data, to which the Republic of Azerbaijan is a party;

23.1.16. to use other rights stipulated by this Code and other legislative acts of the Republic of Azerbaijan in accordance with objectives of state authorities.

23.2. Superior tax authorities hold the right to cancel unlawful acts and decisions of subordinate tax authorities and their officials.

Article 24. Responsibilities of State Tax Authorities

24.0. State tax authorities shall:

24.0.1. ensure that taxes are correctly calculated and paid in full and on time, to follow completely the tax legislation;

24.0.1-1. take a decision on the advance tax ruling in connection with the transaction, mentioned in the application of the taxpayers, filed an application in accordance with Article 15.1.2-1 of this Code;

24.0.1-2. carry out state supervision in the field of accounting in cases established by the Law of the Republic of Azerbaijan "On Accounting";

24.0.2. follow and observe the statutory rights of taxpayers;

24.0.2-1. after elimination of reasons that led to a temporary restriction of the right to leave the country of the individual or the head of the executive body of the legal entity, being the taxpayer, immediately make a decision on removal of this restriction;

24.0.2-2. sue in court in connection with the confiscation of goods, unmarked with excise stamp, included in the list by the tax authority, or marked with a forged excise stamp, as well as subject to mandatory labeling, but not unmarked or marked with a forged mandatory mark;

24.0.3. provide the taxpayers with free information either via mass media or individually on tax legislation and amendments to it, to explain the procedure for fulfillment of report applications, to give explanations on calculation and payment of taxes, to explain to taxpayers their rights and responsibilities;

24.0.4. keep the record of calculated and paid taxes and provide the information to relevant state executive authorities;

24.0.5. collect, analyze and assess information on the violation of tax legislation, and take measures and, if necessary, submit proposals to appropriate state bodies, for eliminating causes and circumstances contributing to tax violation;

24.0.5-1. when receiving the information on taxpayers evading taxes and tax law violations from the persons, to investigate the facts indicated in application during the next operative tax control or regular site inspection at such taxpayer and at the end of the tax control to inform applicants of the results;

24.0.6. register taxpayers, their affiliates, representations, or other subdivisions (objects), as well as POS-terminals. The procedure for electronic accounting of POS-terminals is defined by the body (structure), determined by the relevant executive authority;

24.0.6-1. issue the "Receipt of payment of a fixed simplified tax" to the individuals, mentioned in Article 218.4.4 of this Code, to engage in activities provided for in article 220.10 of this Code;

24.0.7. perform state registration and maintain state register of commercial legal entities and legal entities of public law and provide to relevant executive authorities the related information (except for the data on the founders (participants) of legal entities and their shares in the share capital) within procedures and terms stipulated under legislation;

24.0.7-1. conduct a registration of taxpayers in the manner prescribed by the relevant executive authority for the sale with the VAT refund in accordance with Article 165.3 of the present Code, provide the taxpayers, registered as sellers on the basis of their application with relevant software, provide the necessary infrastructure at customs border crossing points established in connection with the VAT refund system;

24.0.7-2. conduct a registration of taxpayers in the manner prescribed by the relevant executive authority, for the sale with the VAT refund during the shopping festivals in accordance with Article 165.4 of the present Code, provide them with respective software on the basis of application of taxpayers who are registered as sellers;

24.0.8. in accordance with provisions of this Code and legislation, comply with the rules of protection of information concerning taxpayers, including the tax, commercial and banking secrecy, and to ensure compliance with these rules;

24.0.9. provide taxpayers with acts on the results of tax inspections, and, in cases established by legislation, copies of decisions of tax authorities;

24.0.10. take measures established by legislation on crediting or return of overpaid amounts to the taxpayer, as well as return of taxes, financial sanctions, interests and administrative penalties erroneously levied from the taxpayers;

24.0.11. control the activities of subordinate tax authorities;

24.0.12. to hold other responsibilities established by this Code, other legislative acts of the Republic of Azerbaijan in accordance with objectives of tax authorities. 

Article 25. Rights and responsibilities of state customs authorities in the field of taxation

State Customs Authorities shall hold the rights and take responsibilities in the field of taxation during the movement of goods through the customs boundary of the Republic of Azerbaijan in accordance with this Code, Customs code and other legislation of the Republic of Azerbaijan.

Article 26. Relations between Tax Agencies and other Governmental Bodies

26.1. Tax agencies shall exercise their duties shall interact with central and local executive bodies and law enforcement, financial and other State authorities;

26.2. State governmental bodies shall be obliged to assist State tax authorities in application of their duties and in some cases provide, upon request, necessary information.

26.2-1. The body (structure), defined by the relevant executive authority, in connection with the fulfillment of duties by tax authorities after the end of the quarter before the end of the first month of the next quarter, electronically presents the information available in its information resources within the limits established by law and the body (structure), defined relevant executive authority to body (structure), defined by the relevant executive authority.

26.3. Customs bodies shall be obliged to furnish, on a regular basis, information at their disposal to appropriate body of executive power, stipulated by article 20.1 of this Code. 

Article 27. State Tax Officials

27.1. Officials of tax authorities are at the state service.

27.2. Officials of tax authorities are appointed and dismissed from their position in accordance with procedure established by the appropriate body of executive power.

27.3. Officials of tax authorities shall not have the right to be involved in any entrepreneurial activity or any other type of paid activity, with the exception of scientific, pedagogical and creative activity.

Article 28. Special Ranks of Officials of State Tax Authorities

28.1. The officials of tax authorities are given the special ranks in accordance with their position, qualifications and duration of services.

28.2. The procedure for giving and depriving of special ranking as well as other issues related with special ranking shall be established by legislation.

28.3. The officials of State Tax Authorities shall have the right to wear the special uniform and decorations in accordance with their special ranks. The sample of mentioned uniform and decorations shall be approved by relevant authority of executive power.

Article 29. Conflict of interests

29.0 The officials of tax authorities shall be prohibited from the conduct of their official duties in relation to the taxpayers when:

29.01. there is kinship between a official of tax authority and taxpayer;

29.02. official of tax authority or his family members have direct or indirect financial interest in taxpayer (taxpayer's activity).

Article 30. Commercial and (or) tax confidentiality

30.1. Tax authorities and their officials in the course of performing official duties (for the period of their work in tax authorities or after they were dismissed from their duties) shall maintain secrecy regarding all information on taxpayers.

30.2. Any information received by tax authority and its officials from taxpayer shall be considered as tax secret and information about private life with the exception of following:

30.2.1. disclosed by the taxpayer's consent;

30.2.2. on taxpayer's tax identification number;

30.2.3. on statutory fund (statutory capital) of enterprise;

30.2.4. on tax violation and responsibility for such violations;

30.2.5. tax payments arrears;

30.2.6. information in the state register of legal entities (except for information about the founders (participants) of business legal entities and their shares in the authorized capital.

30.3. According to the Law of the Republic of Azerbaijan "On trade secret" the information that constitutes a trade secret or tax secret of the taxpayer shall not be disclosed by the tax authorities, their officials with the exception of cases provided by law.

The disclosure of commercial and (or) tax confidentiality shall include, but shall not be limited to, mainly use or transfer to another person of commercial and (or) tax confidential information of the taxpayer that became open to the tax authority official, invited expert or specialist during application of their duties in tax inspection.

30.4. Information received by tax authorities that contain sensitive commercial and (or) tax information shall be under the special access and storing regime.

The access to information comprising the commercial and (or) tax confidentiality shall be available to officials by the lists approved by relevant body of executive power.

30.5. The loss of information comprising the commercial and (or) tax confidentiality or disclosure of such information stipulates the legal responsibility by the legislation.

30.6. Tax authorities and their officials indicated in article 30.1 of this Code, may in the order established by the legislation provide to other agencies information on taxpayer only in following cases:

30.6.1. to tax authorities and their officials for the purpose of carrying out their duties;

30.6.2. to relevant body of executive power for the purpose of prevention and investigation of tax law violations with criminal case;

30.6.3. to respective courts - for administration of justice;

30.6.4. to relevant government authorities of other states in accordance with international treaties to which the Republic of Azerbaijan is the party;

30.6.5. to state social security and medical insurance funds - to the extent necessary for the implementation of laws concerning social security;

30.6.6. to customs authorities - for the purpose of administering customs legislation;

30.6.7. to financial monitoring authority - to prevent the legalization (laundering) of money or other property derived from crime and terrorist financing;

30.6.8. to a body (structure), defined by the relevant executive authority for the purposes of applying legislation on the budget system;

30.6.9. a body (structure), defined by the relevant executive authority, to the extent necessary for mortgage lending and the provision of guarantees for loans received by entrepreneurs at the request of the body (structure) defined by the relevant executive authority;

30.6.10. credit bureaus to carry out activities stipulated in Articles 6.1 and 6.2 of the Law of the Republic of Azerbaijan "On Credit Bureaus".

30.7. Government authorities and their officials shall return the documents that contain commercial and (or) tax confidentiality to the tax authorities that provided them with such documents.

30.8. Information concerning taxpayer may not be disclosed to another person without taxpayer's written consent. 

Article 31. Responsibilities of tax authority officials

31.0. Officials of tax authorities shall:

31.0.1. follow this Code and other legislation of the Republic of Azerbaijan;

31.0.2. perform the rights and responsibilities of tax authorities within their competence;

31.0.3. be attentive to taxpayers, their representatives and other participants of tax relations.

Chapter IV. Tax control

Article 32. Tax control - forms of tax control

32.1. The tax control is provided by tax authority for the purposes of complete and timely collection of taxes. The tax control is a single system of control over the registration of taxpayers and taxable bases as well as compliance with tax legislation.

32.2. The tax control is provide by relevant executive authorities in cases and in accordance with procedures stipulated by this Code and the Customs Code of the Republic of Azerbaijan. Control over calculation in accordance with legislation, full and timely payment of local taxes (municipal taxes) is conducted by municipal tax authorities.

32.3. The tax control is provided by tax and customs authorities and their official within their level of competence in accordance with this Code, Customs Code of the Republic of Azerbaijan and other legislative acts.

32.4. Tax authorities perform the tax control via registration of taxpayers and taxable bases, review of registration and accounting data, interview of taxpayers and other persons, inspection of premises (territories) used for the generation of income and other instruments established by this Code.

Article 33. Registration of taxpayers

33.1. In order to ensure the tax control implementation, taxpayer legal entities shall be registered with tax authorities at place of registration (legal address, indicated in the state registration documents), at the place of received income from the Azeri source, if taxable income contains Azeri source and non-residents, who are not subject at the place of income payment, and individual entrepreneurs and residents - individuals, which shall submit declaration in accordance with provisions of the Code hereof - at place of residence, and private notaries - at the place of their business,

During state registration the commercial legal entities, legal entities of public law, as well as representations and affiliates of foreign commercial legal entities shall be assigned with taxpayer's identification number in accordance with provisions of legislation this shall be deemed as their tax registration. The state registration certificate issued for the purposes of this Code shall be deemed a certificate, which verifies the tax registration of the taxpayer.

33.2. Subject to the provisions of Article 34.3-1 of this Code, if a taxpayer has a branch, representative office or other business entity (object), the taxpayer shall be registered as taxpayer both at per place of its residence as well as the location of its branch, representative office or other business entity (object).

Taxpayer registration at the location of its affiliate, representative office or other economic enterprise (facility) shall be performed in accordance with procedures established by this Code, with note issued to the taxpayer.

Branches, structural and other separated units specified in Article 13.2.39.3 of this Code, which are engaged in entrepreneur activities of legal entities, as well as branches and permanent representations of non-residents, established in accordance with legislation of the Republic of Azerbaijan, are registered separately and issued the TIN.

Units, located out of location of budget and non-commercial entities of the Republic of Azerbaijan and established for the purposes of implementation of their functions, may be registered separately and may be issued the TIN.

33.3. The registration of legal entity as taxpayer with the tax authority or the individual who performs its entrepreneurial activity without the establishment of legal entity (individual entrepreneurs) shall be conducted independently from presence of circumstances established by this Code for the obligation on tax payments.

Diplomatic and consular representations of foreign states, operating on the territory of the Republic of Azerbaijan, as well as representations of international entities can be registered by state authority in accordance with this Article.

Foreigners and stateless persons, wishing to exercise entrepreneurial activities as an individual without forming a legal entity shall be registered with the tax authorities as taxpayers on the basis of certificates issued by the relevant executive authority.

33.4. The application on registration with tax authorities shall be submitted by taxpayers (except for commercial legal entities, legal entities of public law and also representations and branches of the foreign commercial legal entities) to the tax authority at the place of their location or residence. The application to the tax authority shall be submitted within 30 days from the date of state registration of non-profit legal entity, and when carrying out business activity in the Republic of Azerbaijan through a branch and representative office - within 30 days from the date of establishment of branch or representative office.*

The relevant authority of executive power that provides the state registration along with registration documents shall issue to persons indicated in paragraph 1 of this Article the note indicating the date when these documents have been issued.

The registration of permanent establishment shall be in accordance with procedure established for legal entities in the Republic of Azerbaijan.

Individuals, engaged in entrepreneur activities without formation of legal entity, shall submit the application to the tax authority until the day of start of entrepreneur activity.

Individuals, who have the income, not subject to withholding tax (withholding tax payment is not possible), or who have the royalty income, or natural resident-persons, who have incomes from the sources outside of the territory of the Republic of Azerbaijan, shall submit the application to the tax authority no later than on the date of occurrence of the right to obtain the income.

33.5. In cases stipulated by article 33.3. of this Code the tax authority shall within 5 days inform the individual entrepreneur on its registration.

33.6. Shall taxpayer have any difficulties related to determining the place for registration the decision shall be made by tax authority based on the data submitted by the taxpayer.

33.7. Large enterprises and entities with special tax regime, specified in Articles 13.2.50 and 13.2.51 of this Code, can be registered on centralized basis in following order:

33.7.1. Centralized registration of large taxpayers and enterprises with special tax regime shall be conducted by tax authorities defined by relevant executive bodies.

33.7.2. The assignment of identification numbers to large taxpayers and enterprises with special tax regime shall be implemented in accordance with this Code.

33.7.3. Persons registered by tax authority at the place of location, upon their enlistment as large taxpayers or enterprises with special tax regime, shall be subject to centralized registration on previous identification numbers.

33.7.4. Tax registration of branches, representations or other economic subjects (facilities) centrally registered as large taxpayers and enterprises with special tax regime shall be implemented in the order established by this Code.

33.7.5. Legal entities, registered by tax authority at the place of location, within 15 days from the start of activities under special tax regime shall apply for tax registration by the relevant tax authority, engaged in centralized registration of taxpayers.

33.7.6. Centralized registration of enterprises engaged in special tax regime activities, or removal from centralized registration shall be implemented within the period of 15 days from the date of application to the relevant tax authority, conducting their centralized registration, with statement of start of activities in special tax regime or stoppage of such activities.

33.7.7. The tax authority, identified by the relevant executive body, shall annually, before May 15, make the decisions on exclusion of registration from the place of location or centralized re-registration of enterprises enlisted as large taxpayers, as well as any decision from their exclusion from centralized registration.

33.7.8. Centralized registration of enterprises enlisted as large taxpayers shall be implemented on the January of the following year, when the decision was made to perform centralized registration.

33.7.9. Relevant executive authority shall annually before June 15 submit to the relevant executive authority information on large taxpayers and enterprises with special tax regime, which were excluded from registration or re-registered centrally, in accordance with the form agreed with relevant executive authority.

33.8. Regulations of registration of divisions of the foreign state resident, operating in the Republic of Azerbaijan without the establishment of permanent representation on the basis of international treaties with participation of the Republic of Azerbaijan concerning avoidance of double taxation, and also legal entity according to the article 13.2.5.3 of the present Code considered as the resident as per place of administration, shall be envisaged as follows:

33.8.1. Units not having permanent representations in the Republic of Azerbaijan, within 30 days from the start of activities in the Republic of Azerbaijan, and foreign legal entities, recognized as residents, shall submit applications to tax authorities at their location within 30 days from the date of recognition as residents in accordance with Tax Code of the Azerbaijan or provision of international treaties to evade double taxation to which the Republic of Azerbaijan is a signatory.

33.8.2. Application for registration of units, which do not form the permanent representation in the Republic of Azerbaijan, as well as foreign entities, recognized as residents at the place of operations, shall be signed by foreign legal entity or its authorized representative.

33.8.3. For registration in tax authorities of units, which do not form the permanent representation in the Republic of Azerbaijan, as well as foreign entities, recognized as residents at the place of operations no additional documents are required in addition to those stipulated under Article 33.8 of this Code.

33.8.4. To application submitted for registration of the unit, which is the resident of foreign state, not forming permanent representation in the Republic of Azerbaijan following shall be attached:

33.8.4.1. documents of registration in the county, in which the foreign legal entities was registered (incorporated) and extract from commercial registry, including information about individuals, directly or indirectly holding the share in the authorized capital of a foreign legal entity, being its founder(s).

33.8.4.2. decision of the competent authority of the resident of foreign state on establishment of unit, which is not forming permanent representation in the Republic of Azerbaijan;

33.8.4.3. foundation documents;

33.8.4.4. residency document approved by the tax authority;

33.8.4.5. document, verifying legal address in the Republic of Azerbaijan (leasing agreement, confirming the right of ownership or other documents);

33.8.4.6. copy of the document, verifying the identity of the head (founder) of the unit;

33.8.4.7. information on income sources in accordance with the form established by the relevant executive authority for units, which do not form permanent representation in the Republic of Azerbaijan.

33.8.5. The following documents shall be attached to the application on registration, submitted by foreign legal entity, recognized as resident at the place of operation:

33.8.5.1. documents of registration in the county, in which the foreign legal entities was registered (incorporated) and extract from commercial registry, including information about individuals, directly or indirectly holding the share in the authorized capital of a foreign legal entity, being its founder(s);

33.8.5.2. foundation documents;

33.8.5.3. document, verifying legal address in the Republic of Azerbaijan (leasing agreement, confirming the right of ownership or other documents);

33.8.5.4. copy of the document, verifying the identity of the head (founder) of the unit;

33.8.5.5. information on structures, which are under direct or indirect control in the Republic of Azerbaijan and other countries, as well as information on income sources in accordance with the form established by relevant executive authority.

33.8.6. Documents stipulated under articles 33.8.4.1-33.8.4.4, 33.8.5.1 and 33.8.5.2, shall be legalized by the relevant executive authority or representation of the Republic of Azerbaijan in foreign states (consulates of other states, representing interests of the Republic of Azerbaijan).

33.8.7. Documents specified in Articles 33.8.4 and 33.8.5, attached to the application along with translation into Azerbaijani, verified by notary office.

33.8.8. Removal from tax registration and annulling the TIN of the unit of the resident of foreign state, operating in the Republic of Azerbaijan without formation of permanent representation shall be conducted following cases:

33.8.8.1. in liquidation of the entity, which is the resident of foreign state, or the unit, which does not form the permanent representation;

33.8.8.2. if the operations of the unit, which does not establish permanent representation, forms permanent representation.

33.8.9. Removal of the tax registration and annulling of the TIN of foreign legal entity, recognized the resident at the place of operation, shall be performed in following cases:

33.8.9.1. during liquidation of the foreign legal entity, recognized as resident at the place of operation, in the state, in which it was registered (incorporated);

33.8.9.2. during change of the residency of the foreign legal entity, recognized as resident at operation location.

33.9. The registration of payers of local (municipal) taxes shall be conducted by municipal tax authority.

33.10. In compliance with this Code, the tax authority shall notify the body (structure), determined by the relevant executive authority in electronic form within one working day after registration of the taxpayer. 

Article 34. Procedure for registration, re-registration and cancellation of registration

34.1. The taxpayer (except for commercial legal entities, legal entities of public law and also representations and branches of the foreign commercial legal entities) shall submit the application to register with tax authority.

During the submission of application on registration taxpayers - legal entities, their branches and representations (except for commercial legal entities, legal entities of public law and also representations and branches of the foreign commercial legal entities) along with application shall submit the copies and information on location (address) and charter (statues), documents, verifying the appointment of the director and address of the legal entity, as well as document verifying the identity of the director confirmed in accordance with established procedures.

Legal entities subject to taxation (except for commercial legal entities, legal entities of public law and also representations and branches of the foreign commercial legal entities) shall be registered upon the assignment of TIN to their superior organizations.

The application is filled by the taxpayer or its authorized representative. The taxpayer (its manager) shall bear responsibility for accuracy of information, specified in application.

During the submission of application for the registration the taxpayer - individual entrepreneur along with application shall submit the copy of document that confirms his personality and information on his address.

During the registration of taxpayers who are individuals following shall be included in their personal details: last name, first name, middle name, date and place of birth, sex, address, the details of document that confirms the personality, information on citizenship.

The application for registration shall be confirmed by relevant executive authority.

Registration of individuals with the tax authorities shall be conducted in electronic and (or) in paper format. The rules for their registration, re-registration and de-registration are established by the relevant executive authority.

34.2. The tax authority registers the taxpayer within 1 day from the date when application on registration was submitted along with other documents specified in this article and at the same time sends the respective certificate in electronic form (except for the tax registration of individuals in electronic format) to the taxpayer. Tax registration of individuals in electronic format is made immediately and respective certificate is sent to them in real time to email address, specially formed for them. The Certificate, which is the main verification of the registration of taxpayer, shall be issued to the taxpayer only once and retained by him. If the Certificate is lost or became useless, new copy of certificate shall be issued by the application of the taxpayer. In this there is a record made on the issued copy, that it is the new copy of the certificate.

The form of taxpayer's registration certificate shall be approved by the relevant authority of executive power.

34.2-1. If the statement of the taxpayer specifies the issue of the certificate in hard copy, the relevant certificate shall be issued in hard copy.

34.3. In the case of change of the place of residence of the taxpayer he shall submit the application to the tax authority within 40 days from the date of such change. The re-registration (cancellation of registration with one tax authority and registration with other) of the taxpayer shall be performed by the tax authority with which the taxpayer was registered, within 15 days from the submission of application by taxpayer on change of his residence.

In the event of any change in information in the application form, submitted by the taxpayer for registration in the tax authority, or in foundation documents, he shall inform the tax authority about it within 40 days from the date of such change.

34.3-1. If the taxpayer is one business entity (object) and this entity (object) is located outside the location of the taxpayer, then the taxpayer is re-registered at the address of this business entity (object). If the taxpayer consists of two business entities (objects), then this taxpayer is re-registered at the address of the center of economic interests.

The procedure for re-registering a taxpayer for an economic entity (object) shall be determined by the body (structure), defined by the relevant executive authority. The provisions of this article do not apply to taxpayers who are registered centrally.

34.4. In the case of liquidation or re-organization of the legal entity, the decision by legal entity on liquidation of its branch or permanent establishment, seizure of activity through establishment, the seizure of activity by individual entrepreneur, the cancellation of registration shall be performed on the basis of taxpayer's application with consideration of time limits established in Article 34.3. of this Code.

In cases stipulated under Article 33.2. of this Code, during registration of legal entity at the place of location, as well as place of location of branch, representation or other production facility (facility), its branch, representation or other production facility (facility) can be assigned with Taxpayer Identification Number (TIN)

34.5. Registration, re-registration and cancellation of registration shall be performed free of charge.

34.6. Each taxpayer shall be given a taxpayer's identification number (TIN) for all types of taxes including payments connected with movement of commodities through customs borders of the Republic of Azerbaijan. This number shall be universal on the entire territory of the Republic of Azerbaijan.

The tax authority shall indicate the taxpayer's identification number in all notices sent to the taxpayer.

34.7. Taxpayers shall indicate TIN in financial, statistical reports, tax calculations, declarations, contracts, invoices, delivery notes, cashier checks, letters, as well as in customs, bank and other payment documents.

34.7.1. If TIN is not indicated in any payments, bank and customs documents of the taxpayer, acceptance of these documents for execution by relevant bank entities, tax and customs authorities is not allowed.

34.7.2. Changes in registration data of taxpayers shall be implemented on the basis of applications, submitted by them under the form, approved by relevant executive authority. If during the tax control measure, the information was received that is different from the taxpayer accounting data, a notification is sent to the taxpayer. If the taxpayer does not submit an application for changes within 5 business days after the notification is sent, the tax authority will make changes to the accounting data, informing the taxpayer within 3 business days.

34.7.3. Removal from registration of the individual, who is the taxpayer, is possible in following cases:

34.7.3.1. termination of activities;

34.7.3.2. if found by the court to be missing, deceased or incapable in accordance with procedures defined under legislation;

34.7.3.3. in case of death.

34.7.4. In the event of removal of the taxpayer from the registration, the certificate of its registration shall be submitted to the tax authority. The tax authority informs the bank office on recognition of the duplicate of certificate as invalid.

34.8. Relevant executive authority on the basis of registration data shall maintain the unified state registry of taxpayers in accordance with this Code.

34.8.1. Taxpayers, when included in the uniform state registry, shall use the data of registration application submitted to the tax authority. Unified state registry is maintained in paper and (or) electronic format.

34.8.2. Maintenance of the unified state registry of the taxpayers contains the following:

34.8.2.1. maintenance of the taxpayers registry log in chronological order;

34.8.2.2. maintenance of the liquidated taxpayers registry log;

34.8.2.3. maintenance of amendments in relation to changes in the registry data of registered taxpayers;

34.8.2.4. issuance of relevant information to registered taxpayers.

34.8.3. The relevant executive authority provides the maintenance of the databank of the uniform state registry of taxpayers, its safeguard and security, provides extracts (except for the data on the founders (participants) of commercial legal entities and their shares in the share capital) from the unified state registry of the taxpayers as a response to official enquiries in the order, established under this Code.

34.9. Unless otherwise stipulated by legislation, information on taxpayer from the moment of its registration shall be confidential tax information.

34.10. Organizations - tax agents, not registered as taxpayers, shall be registered with tax authorities at the place of residence in accordance with procedure stipulated by this article. 

Article 35. Obligations of banks connected with registration of taxpayers

35.1. Legal entities, as well as representations and affiliates of foreign non-commercial legal entities, which are state registered by tax authorities, shall submit to tax authority the application for opening of bank account along with application for state registration or at any time upon registration, and other taxpayers - upon obtaining of certificate of registration. The tax authority on the basis of this application issues to the taxpayer no later than within 2 days the duplicate certificate. The number of duplicate certificates issued to the taxpayer is not limited and each of them is numbered. The application form submitted by the taxpayer for obtaining of duplicate certificate, and form of duplicate certificate is approved by relevant executive authority. Certificate-duplicate for the purpose of opening bank account shall be given within the term established by this article, in case if a taxpayer has no debt on taxes, interests and financial sanctions to the budget.

Upon issuance to taxpayer of the duplicate certificate as per paragraph one of this Article, the tax authority shall within 1 day submit to the relevant executive authority via electronic and/or paper carriers the information in the form set by the relevant executive authority.

35.2. Banks open (except for cases of opening of the accounts which are not connected with business activity for the non-resident) bank accounts for legal entities, their branches and representative offices, individual entrepreneurs only upon submission of the certificate duplicate, issued by the tax authority.

35.2-1. When opening an account or providing financial services to legal entities and individuals, the banks ensure compliance with the requirements of normative legal acts of the Republic of Azerbaijan and international treaties, providing for the exchange of tax and financial data, to which the Republic of Azerbaijan is a party.

35.3. If the duplicate certificate was not used for opening an account within 10 days from the date of issuance it shall be deemed as invalid.

35.4. The duplicate certificate comprised of two parts. One part is remained in the bank, in which the taxpayer has opened an account, and part, called the «notification», banking authority, upon making of relevant markings shall send to issuing tax authority.

Upon obtaining from the banking institution of notification, specified in this Article, the tax authority shall insert the data in the notification into tax registration database and within 1 day shall submit this information to relevant executive authority via electronic and/or paper carriers.

35.5. Duplicate certificate allow opening of accounts only in the bank (branch of bank) specified on them.

35.6. If within 10 days «notification» of the duplicate certificate is not returned by the banking entity, the tax authority shall clarify the reason of it with the taxpayer and relevant banking entity. If duplicate certificate is not used within 10 days, the issued duplicate certificate shall be re-called and on the basis of official information from the bank that account was not opened, the relevant record is made in the registration data of the taxpayer on considering it invalid. 

Article 36. Tax audit and tax monitoring in financial institutions

36.1. Inspections conducted by tax authorities can be on-site and off-site inspections.

36.2. During tax inspections tax authorities and their officials shall clarify all circumstances that can be important for making of right decision including the circumstances in taxpayer's favor.

36.3. On site tax inspection shall cover the period of no more than 3 calendar years in taxpayer activities for taxes on profit, income, property, road and land. On other taxes - the taxpayer activities for the period of no more than 3 years, including the year of inspection.

If during the performance of tax inspection tax authorities have documented evidences in the necessity of receiving the information on the taxpayer which is connected with third persons and is relevant to the inspection, tax authorities may require such persons to provide documents related with inspected taxpayer's activity. For such actions the motivated decision of tax authority is necessary.

The person, to which was sent the request or his authorized representative must approve the relevant documents or information and submit them to the tax authority within 10 working days of receiving the request.

36.4. It is not allowed to tax authorities to have on-site inspections on the same taxes, paid or to be paid by the taxpayer for already checked tax period with exception of cases when such inspection is conducted in connection with liquidation of legal taxpayer person or application of physical entity, carrying out business activity without establishment of the legal entity concerning termination of entrepreneur activity, and in cases stipulated by Article 38.3. of this Code.

36.5. Taxpayers who disagree with the results of tax inspection may require for the out of turn inspection. In such case the additional tax inspection shall not be conducted by the officials of tax authority who had conducted the previous inspection.

36.6. Taxpayers hold the right to apply to courts for the reasons of inspections conducted by tax authorities.

36.7. The tax authority may conduct tax monitoring in financial institutions in order to ensure compliance with international treaties, providing for the exchange of tax and financial data, to which the Republic of Azerbaijan is a party to.

36.8. Tax monitoring in financial institutions, registration of results, requirement of documents and decision-taking based on the results of considered materials, including the application of the financial sanction are carried out in the manner provided for in Articles 36-49 of this Code. 

Article 37. Off-site tax inspection

37.1. An off-site tax inspection shall be carried out without site visits on the basis of documents in the possession of the tax authorities, provided by taxpayer as well as other documents and information from a known source that reflect the calculation and payment of taxes, and documents on taxpayer's activity.

37.2. Off-site tax inspection shall be conducted within 30 working days from the date of submission of the tax declaration referred to in Article 72 of this Code by the taxpayer to the tax authority. The new cameral tax audit can not be carried out when this period expires for that declaration, as well as for the adjusted declaration, filed for notification referred to in Article 37.2-1 of this Code.

37.2-1. When a tax authority finds out an additional document or other information with a known source for the calculation of the tax, after the completion of the off-site tax audit, the notification shall be sent within 5 business days to the taxpayer for submission of adjusted report, provided for in Article 72.5 of this Code, within 10 business days.

37.3. If unmatched or mistaken information is found in documents submitted to tax authorities for implementation of desktop inspection, tax authority shall be entitled to enquire the taxpayer to submit additional information, documents and explanations.

37.4. If incorrect tax calculation in tax declaration is found as a result of off-site inspection (increased or decreased amount of tax), the decision of the tax authority shall be sent by tax authorities to the taxpayer within 5 business days in accordance with form established by the relevant state executive authority. The decision of the tax authority shall include reasons of calculation and taxpayer's right to appeal in accordance with Article 62 of this Code.

In the cases mentioned in the first part of this article, and (or) if the tax return, the documents and information needed to conduct an off-site tax inspection have not been submitted without a valid reason, the tax authorities may calculate taxes in accordance with Article 67 of this Code.

37.5. Until application from the taxpayer is submitted in accordance with Article 15.1.13 of this Code on implementation of new chronometer inspection, the results of last chronometer inspection can be taken as basis for calculation of taxes (except for the cases of suspension by the taxpayer of its activities in accordance with this Code , implementation of a site tax inspection covering the period of the chronometer inspection).

37.6. If during the off-site tax inspection the tax authority does not follow the rules established in articles 37.3. and 37.4. of this Code, the taxpayer holds the right to remedy mistakes within 30 days (including the incorrect calculation of taxes, reduction of tax amounts and other) that were allowed during the inspection and can be established during desktop inspection, and within this time period the taxpayer does not hold any responsibility (with exception of payment of interests) for violations of tax legislation. 

Article 38. On-site tax inspection

38.1. On-site tax inspection, including e-audit shall be conducted on the basis of decision by the tax authority.

The on-site tax inspection can be ordinary or special.

The tax authority shall notify the taxpayer in writing about the ordinary on-site tax inspection not later than 15 days before the date of the inspection.

38.2. The notification sent to the taxpayer shall include the information on reasons and date of the inspection as well as rights and responsibilities of the taxpayer and tax authorities.

Ordinary on-site tax audit shall be conducted not more than one time in a calendar year. On-site tax audit shall not continue for more than 30 days. In exceptional cases by the resolution of supervising tax authority the timing for tax inspection can be extended for the period of up to 90 days.

On the basis of justified decision of the higher tax authority the term of preparation of the report on results of on-site tax inspection may be extended for the period not more than 30 days in the following cases:

    • when receiving the documents from the foreign state, required for objective and full conducting of on-site tax inspection, including the reply to inquiry of tax authority;
    • when inspecting the articles taken as samples, conducting of expertise in the course of on-site tax inspection or making the special conclusion with use of various spheres of knowledge;
    • when persons, sending the replies fail to forward the replies to inquiries in due time, made by tax authorities in connection with on-site tax inspection.

38.3. Special tax inspection shall be conducted in following cases:

38.3.1. If tax return documents, necessary for tax calculation and payment are not submitted in time or not submitted at all upon the warning of tax authority;

38.3.2. if inaccurate and (or) distorted information is found in the report made on the results of tax inspection.

38.3.3. When exceedingly paid amount of VAT, interest and financial sanction is assigned for the payment of other taxes, interests and financial sanctions or assigned as payments on future liabilities. In such case the out of turn tax inspection can be conducted only on taxable VAT operations of the taxpayer;

38.3.4. when application is submitted by the taxpayer to return exceedingly paid amounts of tax, interests and financial sanctions;

38.3.5. when tax authority obtained information from known source on indications of hiding (decreasing) of incomes or object of taxation by the taxpayer in the event that there exists information on tax violations by taxpayers registered for VAT purposes in accordance with Article 157.2;

38.3.6. when in accordance with criminal legislation there is a decision of the court or law-enforcement agency on implementation of tax inspection;

38.3.7. in case of failure to provide the documents, specified in article 42.4 of this Code, in due period stipulated by this article or provision of inaccurate or distorted information;

38.3.8. in the event of application for liquidation, reorganization of the taxpayer legal entity or seizure of business operations of the individual, operating without formation of legal entity;

38.3.9. if taxpayers who disagree with the results of the tax audit, require in writing to conduct an extraordinary on-site tax audit. In this case the extraordinary on-site tax audit can not be conducted by tax officials, who carried out previous audit.

38.4. The on-site tax inspection shall be conducted at taxpayer's business day and business hours.

38.5. In the course of on-site tax inspection the inventory shall be performed according to justified decision of the tax authority in the following cases:

38.5.1. if in the course of last tax inspection the obvious non-keeping of accounting records by the taxpayer was found;

38.5.2. if in the course of last tax inspection, the obvious non-keeping of accounting records by the taxpayer required according to legislation was found and when arisen inaccuracies were not corrected after notification of the tax authority, and the report was not prepared according to stipulated regulations;

38.5.3. if in the course of on-site tax inspection of the taxpayer there were found non-marked goods, liable to marking by excise marks, goods subject to mandatory marking, but not marked, and also literature, audio and video materials, religious goods and products, and other religious information materials, subject to mandatory marking, but not marked (in hard and electronic media);

38.5.4. when inspecting the correctness of calculation and payment of the property tax of the taxpayer.

38.6. Regulations of inventory performance in the course of on-site inspection will be stipulated by the respective executive power body.

38.7. Based on a reasoned decision of the tax authority that made the decision on inspection, regular or special site tax audit shall be suspended (delayed) in the following cases, but not more than for 9 months:

38.7.1. if during a site tax inspection in respect of the taxpayer, the entity is not present at the address registered with the tax authorities or if it is impossible for whatever reason to identify the location or the seat of the entity - till determination of the place of stay of such entity;

38.7.2. in case of temporary disability of the taxpayer manager (his deputy or a person responsible for tax or financial matters) or an individual entrepreneur - till complete rehabilitation;

38.7.3. if invited expert or examination initiated by the tax authority - till submission of the inspection conclusion of specialist or expert;

38.7.4. on receipt from the foreign country of the documents necessary for a fair and complete site tax audit, including the response to the request of the tax authority - till receiving a response from a foreign country;

38.7.5. in the cases provided for in Article 43.11 of this Code - before the entry into force of the Court's decision.

38.8. Rules for electronic audit shall be established by the relevant executive authority. 

Article 39. Documenting the results of on-site tax inspection

39.1. An inspection report shall be prepared on the results of an inspection, such report being signed by a responsible official of the tax agency and the manager (person in charge) of the taxpayer. The taxpayer may include his comments in the report, refuse to sign the report and these shall be registered in the report.

39.2. Inspection report shall include all violations of tax legislation and specific articles of this Code as well as other legislative acts determined during the inspection and proved by documents or absence of any violations.

39.3. The form of tax inspection report and requirements for its filling shall be determined by the relevant executive authority.

39.4 One copy of the Tax inspection act shall be transferred or sent to the taxpayer (his authorized representative) in the manner allowing to confirm the date of submission no later than within 5 days from the date of act.

39.5. The taxpayer holds the right, if he is not in agreement with the report of tax inspection or any part thereof, within 30 days from the date of receipt of tax inspection report to submit to relevant tax authority in writing the reasons for the refusal to sign such report or his comments for the report or any of its parts. The taxpayer holds the right to enclose to his written comments (objections) the copies of documents that confirm the reasonability of such objections or motives for not signing the inspection report and pass them to the tax authority.

39.6. No later than in 15 days upon the expiration of time specified in article 39.5. of this Code the head of tax authority (his deputy) shall review the documents provided by the taxpayer or collected from the taxpayer in accordance with procedures stipulated by this Code, the tax inspection report, issues of non-compliance with tax legislation and remedial activity on violation determined as well as application of relevant sanctions (penalties).

39.7. If taxpayer provides written explanations or objections on the tax inspection report the materials of inspection shall be reviewed in the presence of taxpayer's officials or individual entrepreneur and/or their representatives.

The tax authority shall inform the taxpayer on the venue and time of the tax inspection materials revision. If taxpayer, regardless of the advance notification did not show up without excuse, then materials of inspection, including the objections by the taxpayer, explanations, other documents and materials shall be reviewed in his absence. 

Article 40. The access of officials of tax authorities to the areas and premises for the performance of on-site tax inspection

40.1. The access of tax authority officials performing the on-site tax inspection on the territory or premises (with exception of living premises) used by the taxpayer for the performance of entrepreneurial activity shall be provided via submission by such officials of their office identification documents, decision of the head of tax authority (his deputy) on performance of on-site inspection or the court order.

40.2. The tax authority officials who perform the inspection shall not be entitled to enter living accommodations (premises) without the consent of individuals who live there.

40.3. Should any obstruction be caused to the official of tax authority on getting the access to the territory or premises (with exception of living accommodations/premises) specified in article 40.1 of this Code the report shall be drawn up which shall be signed by officials conducting the survey and the taxpayer. On the basis of this act the tax authority shall be entitled to define the payable tax amounts in accordance with the procedures stipulated under Article 67 of this Code.

Should the taxpayer refuse to sign the report the relevant note shall be included thereof. The copy of the report shall be submitted to the taxpayer.

40.4. Unlawful obstructions to the access of tax authority officials who perform the on-site tax inspection to the territory of premises (with exception of living buildings (areas)) used by the taxpayer for entrepreneurial activity shall be considered as violation of tax legislation and involves the responsibility established by legislation.

Article 41. Revision

41.1. The tax authority official, who performs the on-site tax inspection for the purposes on findings of all circumstances necessary for the integrity and fairness of inspection, holds the right to revise the territories, premises as well as documents of the taxpayer inspected.

41.2. The revision of territories, premises, documents and belongings without performance of on-site tax inspection is not allowed except for the following cases:

41.2.1. if documents or belongings were received by the tax official during the previous inspection, or;

41.2.2. if there is a consent of the owner of documents or belongings.

41.3. The revision shall be performed in the presence of witnesses.

41.4. During the revision the person inspected and/or his representatives as well as experts may participate at the revision site.

41.5. Protocol shall be made upon the completion of the revision.

Article 42. Document inquiry

42.1. The tax authority official, who performs the on-site tax inspection shall be entitled in accordance with the procedure established by this Code, together with the notice sent to the taxpayer in accordance with Article 38.1 of this Code, to require from the taxpayer to provide documents, necessary for inspection, as well as electronic files.

The person, who was required to provide documents or electronic files, shall be obliged to submit such documents to the tax authority within a period of 15 business days.

The person, who was required to provide documents or electronic files during the operating tax control, shall be obliged to submit such documents or electronic files within 1 business day.

The documents are submitted in the form of duly certified copies.

42.2. Should the taxpayer fail to provide the tax inspection official with documents required within timeframes specified in article 42.1. of this Code or inform the tax official on the absence of such documents or electronic files that act shall be made who will be signed by the tax authority officials performing the inspection and the taxpayer. Should the taxpayer refuse to sign this act the relevant note shall be made thereof. The copy of this document shall be submitted to the taxpayer. If it is not possible to receive required documents or their copies during the on-site inspection from other sources, on the basis of above act the tax authority shall be entitled to determine the amounts of taxes that shall be paid in accordance with the procedure stipulated under Article 67 of this Code.

42.3. The refusal of the taxpayer to provide the documents or electronic files required by the tax officials performing the on-site inspection within timeframes stipulated in article 42.1. of this Code shall involve the responsibility established by the legislation. If there is a refusal to provide documents or electronic files in accordance with provisions of this Article, the tax authority official performing the on-site tax inspection shall collect the necessary documents in accordance with article 43 of this Code.

42.4 Documents required for performance of tax control and implementation of enquiries made under international treaties to which the Republic of Azerbaijan is a party, or their appropriately approved copies on the basis of enquiry of the tax authority shall be submitted by the taxpayer within 10 business days. 

Article 43. Withdrawal of documents and belongings for sampling purposes

43.1. The withdrawal of documents and belongings for sampling purposes shall be allowed only during the on-site tax inspection and operational tax control.

43.2. If during the on-site tax inspection revision of documents presented for the purposes of taxation by the taxpayer shall require more time as well as if any violations to the tax legislation are determined in submitted documents or if specified violations are connected with belongings the tax authority official performing the on-site inspection shall have the right to withdraw documents and belongings provided to him in accordance with Article 42 of this Code. The withdrawal of documents and belongings for sampling purposes by the tax authority official performing the on-site tax inspection shall be based on the motivated decision of the head of tax authority (his deputy).

The volume, quantity, timing of withdrawal and procedure for revision shall be established in accordance with this Article.

43.2.1. During the on-site inspection items are taken as samples for following purposes:

43.2.1.1. inspections for compliance of the value of goods (works and services), assigned for costs, deducted from income, its physical and quality indicators, origin and other indicators;

43.2.1.2. inspection of compliance of profits obtained from provision of goods (works, services) and registered physical and quality indicators of these goods (works, services), type, origin and other indicators;

43.2.1.3. determination of market values of these goods (works, services);

43.2.1.4. evidences of violation of tax legislation, including storage, sell and imports of excise goods, not marked by excise labels or marked by forged excise labels, goods subject to mandatory labeling, but not marked, and literature (in hard and soft copy), audio and video materials, goods and products for religious purposes and other information materials of religious content, subject to mandatory labeling, but not marked;

43.2.1.5. other cases required for taking of items as samples for evidencing the violations of tax legislation.

43.2.2. In cases and under purposes stipulated by Article 43.2 of this Code, the tax authority representatives conducting the inspection, shall inform in writing the head of the tax authority or his deputy on taking of sample items at the same day.

43.2.3. The information of the officer of tax authority, implementing on-site tax inspection, motivating the inventory of items for sampling, shall be reviewed by the head (deputy) of the tax authority and only after this decision on inventory of items for sampling can be taken.

43.2.4. The form of decision on taking of items for sampling during the on-site tax inspection shall be approved by the relevant executive authority.

43.2.5. Items, confiscated as samples during on-site tax inspection, dependent of their properties shall be packed by the tax offices and if required they shall be locked by the inspector.

43.2.6. Size, volume of inventory of items for sampling during implementation of on-site tax inspection as well as other conditions in connection with inventories shall be defined by codes and standards, existing on the territory of the Republic of Azerbaijan.

43.2.7. Items confiscated as samples can be taken for the period not exceeding 30 days, considering the time required for studies of these items.

43.2.8. Storage of items taken as samples and their preservation, their study by organizations established and performing in accordance with legislation at the expense of the tax authority.

43.2.9. In cases when items confiscated as samples did not lost their consumer properties, they shall be returned to the taxpayer. But if products confiscated as samples have lost the consumer properties they shall be compensated by the tax authority.

43.3. Copies of documents verified by the taxpayer to be taken.

43.4. Documents and items as samples are withdrawn during working time (actual hours of business) of the taxpayer.

43.5. It is not allowed to withdraw the documents and belongings that are not necessary for tax calculation during the on-site inspection.

43.6. The withdraw of documents and belongings as samples shall be done in the presence of persons and/or their representatives from whom documents and belongings are being withdrawn and witnesses. When necessary, expert can be invited to participate during the withdrawal of documents and belongings.

43.7. The tax authority official before withdrawal of documents shall present the motivated decision of the head tax authority (his deputy) on withdraw, as well explains to participating persons their rights and responsibilities.

43.8. The protocol shall be drawn up on withdraw of documents and belongings for sampling purposes with consideration of requirements of article 48 of this Code.

43.9. The copy of the protocol on withdrawal of documents and belongings for sampling purposes shall be issued to the person from whom the documents and belongings were withdrawn for sampling purposes. It shall be mentioned in the protocol and confirmed by the signature of person from whom documents and belongings were withdrawn.

43.10. In cases, when the taxpayer during the on-site tax inspection does not provide documents and items for sampling, the refusal acts is made in accordance with the form, approved by relevant executive authority, which is signed by the tax officer, other persons participating in inspection (witnesses, experts, specialists) as well as the taxpayer or his representative.

43.11. Should the taxpayer fail to provide documents and belongings for sampling purposes in accordance with procedure established in this Code the withdrawn shall be made by the court order based on the motivated appeal of the tax authority performing the on-site tax inspection. 

Article 44. Expert analysis

44.1. When necessary expert may be invited to participate in on-site tax inspection.

The expert analysis shall be appointed if necessary skills are required, to clarify issues.

44.2. Issues laid upon the expert and his conclusions shall not exceed the expert's special skills.

Expert shall be invited on contractual basis. The contract may stipulate rights and responsibilities of parties, issues laid upon the expert, expert's responsibility for erroneous or false conclusion and other issues stipulated by civil legislation.

44.3. The expert analysis shall be appointed by the decision of tax authority performing the tax inspection.

The decision shall include the reasons for the appointment of expert analysis, last name, name and middle name of the expert or name of organization that conducts the expert analysis, issues laid upon the expert and materials to be provided to the expert.

44.4. The expert holds the right to review inspection materials provided to him and apply for the provision of additional materials.

44.5. If the questions posed to the expert go beyond the scope of his special knowledge or submitted materials and documents are not suitable or not sufficient for a conclusion, the expert refuses to provide a conclusion.

44.6. The authorized representative of the tax authority who made the decision on appointment of the expert analysis shall advice about such decision the taxpayer who is going to be checked and explain to him his rights stipulated in article 44.7. of this Code.

44.7. During the appointment and conduct of expert analysis the inspected person holds the right:

44.7.1. to object the appointment of certain expert;

44.7.2. apply for the appointment of experts from the persons he indicates;

44.7.3. to provide additional issues to get expert opinion of the expert on such issues;

44.7.4. to participate directly or via authorized representative during the expert analysis by providing the advance notice to the tax authority official performing the tax inspection;

44.7.5. to review the expert conclusion.

44.8. The expert shall provide conclusion on his behalf and sign this conclusion. In the conclusion the expert describes surveys that he had conducted, his opinion and answers to the questions that were laid. If during the expert analysis the expert will determine circumstances that were not laid upon him he shall have the right to include his opinion on such circumstances into his expert conclusion.

44.9. Copy of conclusion of the expert or his notification on the impossibility to provide such conclusion shall be issued to the person inspected who holds the right to give his explanations and state his objections, as well as to ask to raise additional issues to the expert and appointment of additional analysis.

44.10. The additional expertise shall be appointed in the case if the expert conclusion is not clear enough or complete and this expert analysis shall be assigned to the same or other expert.

The expert analysis shall be repeated if the conclusion of expert is not reasonable and there are some suspicion for its accuracy. The analysis in such case shall be assigned to another expert.

The additional and repeated expert analysis shall be assigned in the order established by this article.

44.11. Should claim of the inspected party on rights stipulated under Articles 44.7 and 44.9 of this Code be declined, head (deputy) of the tax authority shall make the motivated decision indicating reasons for declining the claim and submits the copy of decision to inspected party. 

Article 45. Invitation of specialist to provide assistance in tax inspection

45.1. The specialist can be invited by the decision of the head of tax authority (his deputy) when the performance of on-site tax inspection will require special knowledge and experience in areas that are not linked with the area of expertise of the tax authority.

45.2. The specialist shall have special knowledge and experience and shall not have any interests in the results of case. The conclusion of specialist that does not comply with these requirements shall not be used by tax authority.

45.3. Specialist shall be invited on contractual basis. The contract may stipulate rights and responsibilities of parties, issues laid upon the specialist, specialist's responsibility for erroneous or false conclusion and other issues stipulated by civil legislation.

45.4. Specialist invited in accordance with article 45.1. of this Code shall provide the conclusion on issues laid upon him. The specialist conclusion shall be made in writing, signed by him and attached to the on-site tax inspection report.

45.5. If taxpayer does not agree with the conclusion of specialist attached to the inspection report he may make relevant comments in the report.

45.6. The compensation for losses caused to the tax authority or the taxpayer as the result of wrong or false conclusion shall be considered in accordance with civil legislation.

Article 46. Participation of translator

46.1. When necessary the translator may be invited for on-site tax inspection. The invitation of translator shall be done based on the decision of the head of tax authority (his deputy).

46.2. Translator shall be the person who doe not have any interest in the outcome of the case and knows languages he needs to translate from and into.

This provision shall also be true for person who understands the deaf and dumb signs of individuals.

46.3. Translator shall be invited on contractual basis. The contract may stipulate rights and responsibilities of parties, translator's responsibility for erroneous or false conclusion and other issues stipulated by civil legislation. 

Article 47. Participation of witnesses

47.1. During the on-site tax inspection witnesses may be invited in cases stipulated by this Code.

47.2. The number of witnesses invited shall not be less than two people.

47.3. Only individuals who do not have any interests in the outcome of case shall be invited as witnesses.

47.4. Tax authority officials can not be invited as witnesses.

Witnesses shall confirm in protocol the fact, content and results of actions taken in their presence.

Witnesses have the right for record their comment on taken actions in protocol.

If necessary, witnesses can give their explanations to specified actions.

The same person can not be invited by tax authorities as a witness for more than once in a tax year.

Article 48. General requirements to the protocol made during the actions on tax inspection

48.1. In cases stipulated by this Code protocols shall be made during the tax inspection. Protocols shall be prepared in Azeri language.

48.2. The protocol shall include the following:

48.2.1. name of the protocol;

48.2.2. venue and the date of concrete action;

48.2.2. the time of action start and completion;

48.2.3. position and name of the person who made the protocol;

48.2.4. The name of the person involved in the action or participating during the action, and when necessary- his address, citizenship, information on his knowledge of Azeri language;

48.2.6. the content of action, the order of its execution;

48.2.7. facts and circumstance clarified during the implementation of action;

48.2.8. if samples of goods are withdrawn for sampling purposes in accordance with this Code the protocol shall include the quantity, volume and other specific characteristics of such goods.

48.3. The protocol shall be read by all persons who participated in the action. Specified persons shall have the right to make comments that shall be included in the protocol and attached to the case.

48.4 The protocol shall be signed by the tax authority official who developed it as well as all other persons who participated in the action.

Article 49. Making the decision based on the results of tax inspection materials revision

49.1. Based on the revision of tax inspection materials the head of the tax authority (deputy head) shall make one of the following decisions within 10 days:

49.1.1. on calling the taxpayer to account for violation of tax legislation;

49.1.2. on refusal to call the taxpayer to account for violation of tax legislation;

49.1.3. on additional measures for inspection;

49.1.4. keeping in force the decision, taken on the result of the previous tax audit;

49.1.5. full or partial cancellation of the decision, taken on the result of the previous tax audit, or amending the decision;

49.1.6. making a new decision.

49.1-1. Provisions of articles 49.1.4 .- 49.1.6. of this Code shall be applied to decisions made on the basis of the results of consideration of the field tax audit materials on the basis, provided for in Article 38.3. of this Code.

49.2. The decision on calling the taxpayer to account for violation of tax legislation shall contain the circumstances of the taxpayer's violation of tax legislation, documents and other information that confirm the indicated circumstances, explanations of the taxpayer and results of revision of such explanations, with indication of articles of relevant laws that stipulate the applied measures of responsibility for tax legislation violation. The specific violations of tax legislation for which the taxpayer is being called to account shall be explained to the taxpayer.

49.3. On the basis of decision on calling the taxpayer to account for violation of tax legislation no later than 10 days the taxpayer shall be sent the request on payment underpaid taxes, interests, amounts of financial sanctions, administrative penalties as well as the remedial of indicated violations.

49.4. The copy of the decision of tax authority and requirement shall be issued to the taxpayer or his representative with registration of the date of receive. When due to the deliberate actions of the taxpayer or his representative the copy of the tax authority decision and/or request can not be issued, documents shall be deemed issued from the moment from the date they are received by registered mail.

49.5. The failure of tax authority officials to comply with requirements of this article may provide the basis for cancellation of the tax authority's decision by the supervising tax authority or the court.

49.6. On tax violations determined for which the taxpayer to be called to administrative account the authorized tax official, who conducts the inspection shall create a separate protocol on administrative violation. The revision of cases on such violations and application of administrative sanctions to taxpayer's officials and individual entrepreneurs shall be conducted by tax authorities pursuant with the Code of the Republic of Azerbaijan for Administrative Offences.

49.7. The provisions of this article shall also be applicable to tax agents. 

Article 50 Operative tax control

50.1. The operative tax control is the form of tax control implemented in stores used for generation of incomes for legal entities and individuals engaged in entrepreneur activities, in trading and similar premises (territories) (with exception of residential premises (areas) and transportation means (with exception of personal transportation not used for entrepreneur activities), having the following purposes:

50.1.1. identification of taxpayers, not registered by tax authorities, in cases and in accordance with procedures defined by this Code or taxpayers who did not receive the «Dot Mark» in accordance with Article 221.4.7 of this Code;

50.1.2. detection of facts of sale, storage for sale or transportation from the manufacturing facility of excisable goods and goods subject to mandatory labeling, as well as literature (in paper and electronic formats), audio and video materials, goods and articles of religious significance and other informational materials of religious content not marked by excise labels or marked with forged excise labels.

50.1.2-1. exercising control in the field of preventing the intentional destruction, falsification, illegal manufacture, use and sale of control marks;

50.1.3. compliance of rules on payments with population;

50.1.4. detection of facts of acceptance of foreign currency as means of payment and purchase and sale or exchange of currency values at commercial, catering and service establishments with violation of rules established by legislation;

50.1.5. compliance with the rules on collection of once paid duties;

50.1.6. identification of persons engaged in activities requiring special permit (license) without such permit (license);

50.1.7. reveal of attraction of individuals to any work (services) by the employer without entering of the employment contract into legal force in accordance with procedures stipulated under the Labor Code of the Republic of Azerbaijan;

50.1.8. definition and precise specification of production scope or sales turnover;

50.1.9. supervise compliance with the rules established by the relevant executive authority in relation to the regulation of the turnover of excisable goods and goods subject to mandatory labeling on the territory of the Republic of Azerbaijan;

50.1.10. identification of taxpayers who did not receive "receipt of payment of a fixed simplified tax" under Article 221.8 of the present Code;

50.1.11. control over compliance with the requirements established by law in connection with the implementation of cashless payments;

50.1.12. control over cases of concealment of funds from the accounting or non-registration;

50.1.13 control of the acquisition of goods on the basis of delivery note or electronic delivery note or e-tax invoice established by this Code.

50.2. Following shall serve as basis for operative tax control:

50.2.1. facts, established during the on-site tax inspection implemented by the tax authority;

50.2.2. information obtained from sources known by tax authorities;

50.2.3. if the taxpayer did not follow the requirements of the tax authority on prevention of violations of tax legislation within the timeframe established by this Code;

50.2.4. If tax authorities had sufficient facts on violation of legislation on issues stipulated under Article 50.1 of this Code by legal entities and individuals.

50.3. Operative tax control is implemented on the basis of motivated decision of the tax authority. Such decision shall indicate the territory of taxpayer location, as well as issue (issues) covered by the operative tax control, term of operative tax control and officer (officers) of the tax authority performing the operative tax control.

50.4. The operative tax control starts without preliminary notification to the taxpayer and implemented in actual business hours. The officer of the tax authority, implementing operative tax control, upon the start of control shall immediately submit the decision of the tax authority to the taxpayers, as per Article 50.3 of this Code.

50.5.Officers of the tax authority implementing operative tax control within their competence shall implement the access to the territory or premises of the taxpayer (with exception of living premises (areas), inspection of territories and premises (with exception of living premises), as well as review of the documents and items, require the submission of documents, inventory of documents and items for sampling, attraction of experts, specialists, translators and observers as well as enlistment of excise goods, not marked by excise label or marked by forged excise label, as well as goods, not marked by mandatory label or marked by forged label, in accordance with procedures stipulated by this Code.

50.6. By the results of operative tax control, tax authority officers shall make the act in accordance with the form defined by the relevant executive authority. During the operative tax control measures apply the provisions of Articles 39-43 and 46-49 of this Code.

50.7. If by the results of the operative x control the taxpayer is attracted to administrative liability in accordance with Code of the Republic of Azerbaijan on administrative violations, separate protocol shall be made on administrative violation. Review of cases on violations and application of administrative punishments towards the responsible taxpayer- its officer and the taxpayer- individual entrepreneur shall be made in accordance with Code of the Republic of Azerbaijan on Administrative Violations.

50.7. Taxpayers performing cash operations on the territory of the Republic of Azerbaijan shall perform such payments with use of cash registers in accordance with procedures established by relevant executive authority.

50.8. Cash register receipts shall contain the following information:

50.8.1. Taxpayer name;

50.8.2. TIN;

50.8.3. date and time of receipt printing;

50.8.4. name of the economic entity (object), accounting code in the tax authority and address of the location;

50.8.5. name, unit of measurement, quantities of goods or services (works), price per unit and total amount (including the amount of VAT or simplified tax);

50.8.6. quantities and number of receipts printed over the day;

50.8.7 type and manufacturer's number of cash register;

50.8.8 sign (indication) of the fiscal regime of cash register.

50.8.9. product quick response code (Quick Response Code). 

Article 50-1. Inspection by chronometer method

50-1.1. The purpose of the inspection by chronometer method being a kind of operative tax control is the definition and precise specification of production or sales turnover in the production, storage, trade and other areas (on territories) used for the generation of income by taxpayers or related to the content of the objects of taxation, in cases:

50-1.1.1. if taxable turnover in the taxpayer tax returns compared to the previous reporting period decreased by 30 percent or if the tax authorities have information, the source of which is known, on the disparity of circulating amounts to economic indicators of the taxpayer activity, number of employees, amount of inventory, the selling price and value of assets;

50-1.1.2. if revealing the fact of repeated violation of rules on settlements with the population;

50-1.1.3. if the tax authority received the requirement from the taxpayer to conduct new inspection by chronometer method on the basis of Article 15.1.13 of this Code.

50-1.2. The requirement of the taxpayer in accordance with Article 15.1.13 of this Code on performing new inspection by the chronometer method may be filed by the taxpayer at any time, but no earlier than one month after the last inspection by chronometer method, and the next time not earlier than 2 months after the last inspection. The expiration period, specified in this article, does not include the term, provided for in Article 16.3 of this Code.

50-1.3. Inspection by chronometer should not interfere with normal activities of the facility and conducted using the rules provided for in Article 50.3-50.6 of this Code, within a period not exceeding 15 working days.

50-1.4. Prior to the inspection at the site, where should be conducted inspection by chronometer method, the tax authority has the right in order of control to make test purchases of goods (works, services) in order to determine the cost of goods (works, services).

50-1.5. If during the inspection by chronometer method is found that prices applied by taxpayers to the goods (works, services) are greater than 30 percent (in either direction) from the prices generated by the test purchase of goods, the volume of production or sales turnover shall be calculated taking into account the prices generated by test purchases of goods.

50-1.6. The results revealed during the inspection by chronometer method at the end of the working day are recorded by the relevant act. Final results of inspection by chronometer method are summarized based on daily performance as the average daily figure, about which is drawn up the respective act. 

Article 50-2. Control over the goods subject to mandatory labeling

50-2.1. The list of goods subject to mandatory labeling produced in the Republic of Azerbaijan or imported into the country, the application of mandatory labeling to these goods, the procedure for issuing them to taxpayers and keeping records shall be determined by the body (structure), defined by the relevant executive authority.

50-2.2. The production of mandatory marking, its issuance to taxpayers and the maintenance of its accounting shall be organized by the body (structure), defined by the relevant executive authority.

50-2.3. Import, storage (except for personal use) or sale of unmarked goods subject to mandatory labeling is prohibited.

50-2.4. A state duty is provided in the amount, specified by the Law of the Republic of Azerbaijan -œOn State Duty" for the issuance of mandatory marking. 

Article 51. Inadmissibility of causing the unlawful damage during the tax inspection

51.1. During the tax inspection it is inadmissible to cause any unlawful damage to the taxpayer or property owned, used or operated by him.

51.2. Losses caused as a result of unlawful actions of tax authorities of their officials during the tax inspection shall be compensated to the taxpayer in full extent, including the missed profit (missed income).

51.3. Tax authorities and their officials shall be responsible for the damage caused to the taxpayers in the result of unlawful actions, in accordance with existing legislation.

51.4. Losses caused to the taxpayer by the lawful actions of tax authority officials with exception of cases stipulated by legislation shall not be compensated. 

Article 52. Financial sanctions procedure for violation of tax legislation

52.1. Upon the decision on attraction of the taxpayer to liability for violation of the tax legislation, relevant tax authority, in accordance with procedures established by the Article 65 of this Code, or via the court shall accept from liable party all financial sanctions in accordance with this Code.

52.2. Claims on acceptance of financial sanctions by tax authorities are considered in accordance with Civil Code of Practice of the Republic of Azerbaijan.

52.3. The execution of the court decision on payment of financial sanctions is implemented in accordance with procedures prescribed by law.

Article 52. Consideration of cases in courts and execution of verdicts on application of financial sanctions for violations of tax legislation

52.1. Cases on application of financial sanctions initiated by tax authorities shall be proceed in accordance with Civil Process Code of the Republic of Azerbaijan.

52.2. The execution of court verdict on financial sanctions entered into force shall be provided in accordance with procedures established by the legislation.

Chapter V. Responsibility for violation of tax legislation

Article 53. General basis of responsibility for violation of tax legislation

53.1. Taxpayers, tax agents and their representatives as well as tax authority officials shall be responsible for violation of tax legislation in accordance with the procedures set by this Code, Code of the Republic of Azerbaijan for Administrative Offences, Criminal Code of the Republic of Azerbaijan and other legislation of the Republic of Azerbaijan.

For the violation of tax legislation financial sanctions and interests, established by this Code shall be applied to the taxpayers and tax authorities.

53.2. No person can be called to account for the same action (inaction) involving violation of tax legislation twice.

53.3. Every taxpayer shall be deemed innocent in violation of tax legislation until his guilt is proved in accordance with procedures of this Code or the verdict of court entered into force.

The taxpayer is not obliged to prove his innocence in violation of tax legislation.

The obligation for proving the circumstances confirming the fact of the violation of tax legislation by the taxpayer shall be laid on the tax authorities.

Any unproved doubts in taxpayer's guilt for violation of tax legislation shall be interpreted in taxpayer's favor.

The taxpayer shall hold the right to remedy mistakes during consideration of taxable base, calculation and payment of tax.

Provisions of this article shall also be applied to tax agents.

53.4. During consideration of circumstances of tax violations, factors like deliberate or mistaken misconduct, the age of the person responsible for application of administrative responsibility, presence of mitigating or burdening circumstance shall be established by this Code, as well as by the Code of Administrative Offences of the Republic of Azerbaijan.

53.5. When violation of tax legislation is connected with transportation of goods through the customs borders of the Republic of Azerbaijan it shall be considered in accordance with the procedure established by Customs Code of the Republic of Azerbaijan.

53.6. If the person has committed several violations of tax legislation, then financial sanctions will be applied separately as per each violation.

53.7. If person to whom financial sanctions are applied for violation of tax legislation did not have similar violations within 1 year from the date the sanction was applied it shall be deemed as not penalized.

53.7 Drawing of the taxpayer or tax agent to liability for violation of tax legislation does not release them from execution of the tax liabilities and legal requirements of the tax authorities' officials.

Attraction a taxpayer or tax agent to liability for violation of tax legislation does not release them from execution of the tax and legal requirements of tax officials.

53.8. Unless otherwise is stipulated under international treaties to which the Republic of Azerbaijan is a party to, agreements on production sharing, main export pipeline and other similar agreements, approved by the legislation, bringing to administrative account of taxpayer official (officials) due to failure to submit tax reporting on activities in the framework of these agreements in due time without valid reasons, and those that are not registered as a taxpayer for failure to submit in due time or submission of a knowingly false information and documents, required to reply to requests for exchange of information received from foreign countries on the basis of international treaties, providing for the exchange of tax and financial data to which the Republic of Azerbaijan is a party to, or presentation with deliberate distortion, is implemented in accordance with the Code on Administrative Violations of the Republic of Azerbaijan. 

Article 54. Circumstances that exclude the calling to account for violation of tax legislation

54.0. Person can not be called to account for violation of tax legislation if at least one of the following is involved:

54.0.1. the absence of the event of violation related to the tax legislation;

54.0.2. the absence of the fault of the person in the violation related to the tax legislation;

54.0.3. the individual had conducted the violation related to the tax legislation at the age that do not allow his attraction to account.

54.0.4. expiration of the date for calling to account for violation of tax legislation.

Article 55. Circumstances that exclude the guilt of the person for violation of tax legislation

55.1. Following circumstance shall exclude the guilt of the person for violation of tax legislation:

55.1.1. violation of tax legislation as the result of natural disaster or other emergency or force majeure circumstances;

55.1.2. violation of tax legislation by the taxpayer (individual) who at the moment of misconduct was not conscious (was not controlling his actions) or did not manage his actions due to the ill condition;

55.1.3. execution by the taxpayer or tax agent of written instructions and explanations provide by the tax authority or other authorized state authority or their officials within their level of competence;

55.1.3-1. committing the violation of the tax legislation, based on a decision of the advance tax ruling or as a result of its implementation;

55.1.4. finding of lawful basis in taxpayer's actions during re-consideration of decisions of tax authorities;

55.1.5. credit of overpaid amounts, including overpaid amount by tax agents, for any taxes to balance the underpayments on other taxes;

55.1.6. remedial by the taxpayer of any tax violations connected with the erroneous calculation of taxes and failure to comply with tax liabilities before the tax inspection.

55.2. In presence of circumstances established in article 55.1. of this Code the person shall not hold the responsibility for violation connected with tax legislation with exception of payment of interest in cases stipulated by article 55.1.6. of this Code.

Article 56. The expiration of the date for calling to account for violation of tax legislation and application of financial sanctions

56.1. The person can not be called to account for violation of tax legislation and not tax liabilities may arise if the period of 3 years had passed from the date of the tax violation.

56.2. Tax authorities may appeal to court in order to apply financial sanctions not later than within 3 months from the moment of determination the tax violation. 

Article 57. Financial sanctions for offenses relating to the failure to submit the reports and other information

57.1. Except for persons provided for in Article 57.1-1 of this Code, to the taxpayer, who did not submit in timely manner the tax report or note specified under Article 16.2 of this Code without valid reasons, on the basis of the decision of the head (deputy) of the tax authority, the financial sanction shall be applied in the amount of 40 manats.

57.1-1. To individuals who use the land, suitable for agriculture and owned by them and able-bodied members of families of farms for failure to submit the report and certificate provided for in paragraphs 4 and 5 of part two of article 10 of the Law of the Republic of Azerbaijan "On social insurance" without any reason - a financial sanction is applied in the amount of 3 percent of the minimum monthly wage, if such cases occurred for the first time during the calendar year, and in the amount of 6 percent, if such cases occurred two or more times. (effective since 1 January, 2020).

57.2. Against the taxpayer, who has not provided the information stipulated under Article 89.3 of this Code, within timeframes established without any valid reasons, on the basis of the decision of the head (deputy) of the tax authority shall be applied the financial sanction in the amount of 100 manats.

57.3. For failure to submit the documents in due terms (including information in electronic format), specified in Articles 23.1.2 and 23.1.2-1 of this Code, or presentation with deliberate distortion, including failure to comply with the requests of the tax authorities made pursuant to Article 42.4 of this Code within the period specified in this article, as well as for failure to keep the documents and information without a good reason within the period, specified in article 71.4 of this Code, the financial sanction in the amount of 1000 manat shall be applied to the taxpayer.

57.4. To the taxpayer, not submitted in due terms the certificate referred to in Article 16.1.4 of this Code or specified incorrect information in the certificate, by a decision of the head of tax authority (his deputy), the financial sanction in the amount of 500 manat shall be applied. 

Article 58. Financial sanctions for decreasing taxes and other tax violations

58.1. If the taxpayer (except for cases stipulated by the Article 58.1-1 of this Code) has reduced the amount of tax (including the tax at the sources of payment), specified in the report, compared to the amount, which shall be specified in the report, as well as if he did not submit the report and did evaded from transfer of required amount of tax to the state budget, towards him the financial sanction is applied at the rate of 50 percent of the reduced or evaded tax amounts (except for additional tax amount, calculated as a result of on-site tax audit).

58.1-1. If the tax reduction (including tax at the source of payment), compared to the amount of tax to be specified in the report, as well as evasion from paying the tax amount due to the budget by failing to report, were found on the basis of information provided by taxpayers in electronic form to the tax authority, financial sanction is applied to these taxpayers in the amount of 25% of the reduced or evaded tax amount (except for the amount of additional tax calculated as a result of field tax audit).

58.2. For non-submission of application on tax registration within the period, specified in Article 33.4 of this Code, or information on location or residence within the period specified in Article 34.3, as well in the event of non-submission of information on changes in other registration documents (requisites, indicated in the application of taxpayer for registration), as well for transportation of passengers and cargoes with automobile transport means without the «Dot Mark», stipulated under Article 221.4.7 of this Code, the penalty is applied against the taxpayer in the amount of 40 manats.

58.3. When committing expense transactions by the taxpayer in cash from his cash desk in violation of the order of money writing-off from the account, stipulated by the Civil Code of the Republic of Azerbaijan, from the date of the issue to the credit organizations or individuals, engaged in banking operations, of the order on withdrawal of debts and interest, penalties on taxes to the state budget in the manner, specified in Article 65 of this Code, and in the absence of accounts at credit institutions or entities, carrying out banking operations - from the date of expiry of the period specified in the notice prescribed by Article 65.1 of this Code - the financial sanction in the amount of 50 percent of cost operations shall be applied.

58.4. In the case that taxpayer's VAT registration was mandatory in accordance with Article 155 hereof, financial sanction amounting to 50 % of the VAT amount to be paid by a taxpayer to the Budget for the whole period when a taxpayer was engaged in a business activity without VAT registration shall apply for the business activity carried out without VAT registration.

58.5. Financial sanction amounting to 100% of the amount of taxes shown on the electronic tax invoice produced to a taxpayer shall apply for submission of electronic tax invoice on VAT, in the event that registration for VAT purposes in accordance with Articles 157 and 158 did not come into effect or was cancelled.

58.6. For payment by the taxpayer referred to in article 175.8 of this Code, the amount of VAT later than on the date of payment of the cost of goods (works and services) in accordance with Article 175.1.3 of this Code, the taxpayer shall be subject to financial sanctions amounting to 50 percent of unpaid VAT.

58.7. Except for the case of the commercial activities, referred to in Article 13.2.63 of this Code, for violation of rules of carrying out of cash settlements, thus implementing of cash settlements with population without use of cash registers or accountable forms (without installation of cash registers, in case of lack of accountable forms in the form established by the legislation or without cash payment), with use of cash registers, which have not been registered by tax authorities or not complying with technical requirements, without use of accountable forms established under legislation, or with use of accountable forms, which do not comply with forms approved as appropriate, non-issuance of receipts or other accountable forms to be issued to the buyer, bank statements, to be issued to the customer by the bank departments on currency exchange or issuance with indication of amount lower than paid actually, rules of maintenance of registration of cash operations with population in the event of temporary seizure of use of cash register the financial sanctions shall be applied as follows:

58.7.1. upon a single violation within a calendar year - in the amount of 1000 manats;

58.7.2. upon a repeated violation within a calendar year - in the amount of 3000 manats;

58.7.3. for a third or any subsequent violation within a calendar year - 1200 manats, in relation to those provided for in Article 218.1.2 of this Code - in the amount of 6000 manats.

58.7-1. For violation of the requirements of the Law of the Republic of Azerbaijan "On Cashless Settlement", the following taxpayers are subject to a financial sanction in the amount of 10 percent of the total amount of the operation conducted in violation of the Law, if such case is committed for the first time in a calendar year, at a rate of 20 percent - in case of second commitment during the calendar year, at a rate of 40 percent - in case of three or more commitments during the calendar year:

58.7-1.1. the taxpayer, effected the payment in violation of the requirements of Articles 3.3, 3.4.4 and 3.4.7 of this Law;

58.7-1.2. the lessor, accepted money in cash, the person, issued the loans in cash in violation of the requirements of Article 3.4.1 of this Law;

58.7-1.3. the insurer or reinsurer, issued insurance payments in cash and accepted insurance contributions in cash in violation of the requirements of Article 3.4.2 of this Law;

58.7-1.4. the person, accepted service fee and other charges in a cash form in violation of the requirements of Article 3.4.3 of this Law;

58.7-1.5. the person, accepted payment for fixed telephone and utility services in cash in violation of the requirements of Article 3.4.5 of this Law;

58.7-1.6. a person, paid or accepted an interest-free cash (with the exception of cases when money is provided by a person who is not a taxpayer), other deductions in cash in violation of the requirements of Article 3.4.6 of this Law;

58.7-1.7. the person, accepted the payment for training in violation of the requirements of Article 3.4.8 of this Law;

58.7-1.8. the person who accepted payments in cash in violation of the requirements of Article 3.4.9 of this Law.

58.8. For evasion of funds owned by the taxpayer from accounting at the time of field tax audit and operational tax control, ignoring the recording of income and expenses in the manner prescribed by this Code, as well as in the absence of an electronic invoice or electronic tax invoice, confirming the purchase of goods in the possession of the taxpayer, the act of purchase in cases established in the manner approved by the body (structure), determined by the relevant executive body, import customs declaration in respect of imported goods, and when producing these goods by the taxpayer - in the absence of at least one of the documents drawn up in the manner prescribed in Article 130.1-1 of this Code:

58.8.1. for concealment from accounting or non-registration of funds in the amount of more than 1000 manats, a financial sanction is applied in the amount of 10 percent of the part exceeding 1000 manats, should such event reoccur during the calendar year - in the amount of 20 percent of the part exceeding 1000 manats;

58.8.2. in the absence of at least one of the documents stipulated in Article 58.8 of this Code, confirming the purchase or posting of goods as received, to the buyer, committing such case for the first time in a calendar year - at a rate of 10 percent of goods purchased, committing such case for the second time in a calendar year - at a rate of 20 percent, committing such case three or more times in a calendar year - at a rate of 40 per cent

58.8.3. in the case of non-accounting of income and expenses in the manner prescribed by this Code, to the buyer - in the amount of 10 percent of unformed expenses.

58.9. In the event of introduced changes to indicators of control and measurement devices, damaging of seals on process equipment during the period from application of the seal until its removal, as per Article 194.2 of this Code, found discrepancies in excise marking of products or mandatory labeling of products, incomplete registration, in inventory of excise marks and mandatory labeling, as well as delivery of finished products outside of production area with violation of Article 191.2 of this Code the financial sanctions shall apply to the taxpayer at the amount of 5000 manats.

58.10. For establishing conditions for hiding (reduction) of incomes of individuals via their involvement by employer to perform any works (services) without entering of the employment contracts into legal force, in accordance with Labor Code of the Republic of Azerbaijan, financial sanction is applied against the employer for the first violation during the calendar year - at a rate of 2000 manat, for the second violation during the calendar year - at a rate of 4000 manat, for the third or more violations during the calendar year - in the amount of 6000 manat for each such person.

58.11. Against taxpayer the financial sanction shall be applied at the amount of 100 percent of funds paid to his business account (except for correspondent accounts, opened by resident banks in non-resident banks) open for business in non-resident banking institutions and other non-resident credit institutions without obtaining of the duplicate certificate from the tax authority.

58.12. The taxpayer for entrepreneurial activity without obtaining of the "Receipt for payment of a fixed simplified tax" from the tax authority in accordance with Article 221.8 of the present Code:

58.12.1. committing such cases for the first time in a calendar year, shall be subject to the financial sanction in the amount of 40 percent of the monthly fixed tax amount, established for this type of activity;

58.12.2. committing such cases, two or more times in a calendar year, shall be subject to the financial sanction in the amount of 100 percent of the monthly fixed tax amount, established for this type of activity.

58.13. If it is necessary to submit an electronic invoice or electronic tax invoice in accordance with this Code, then for the provision of goods without the submission of an electronic invoice or electronic tax invoice, a financial sanction shall be applied to the person who provided the goods in the amount of 10 percent of the provided goods - for the first violation during the calendar year, in the amount of 20 percent - for the second violation during the calendar year, in the amount of 40 percent - for the third or more violations during the calendar year.

58.14. For sale, storage for the purpose of selling goods subject to marking with an excise stamp, as well as goods subject to mandatory labeling, without mandatory labeling, release outside the production building, financial sanction is applied in the amount of one-time cost of these goods at market price for the first violation during the calendar year, in the amount of two-fold value of these goods at the market price for the second and more violations during the calendar year.

58.15. For the declaration or reduction of income exempt from tax by persons who have acquired tax concessions and exemptions provided for in this Code, a financial sanction of 6% of the amount of undeclared or reduced income (without deducting expenses) is applied to the taxpayer. (effective since January 1, 2020 for producers of agricultural products).

58.16. For the purposes of Article 58.8.2 of this Code, the cost of goods is the purchase price of the goods and if it is impossible to determine the purchase price of the goods, then the wholesale market price. 

Article 59. Interest on overdue debts and overpaid taxes

59.1. For failure to pay the tax or current tax payment in period stipulated by the present Code, the interest at rate 0,1 % of the amount of tax or current tax payment shall be withheld from the taxpayer or tax agent for each day of delay.

59.2. Interest rates established by article 59.1. of this Code shall be applied in respect of overdue amounts of tax current tax payments for the whole period of delay but not more than for 1 year. This interest shall be applied to delayed payments of tax amounts, found during the site tax inspection, from the date of payment of such tax amounts to the taxpayer.

59.3. If taxes are overpaid or the amount of tax not charged correctly, unless otherwise stipulated by this Code, interest shall be paid to the taxpayer at the rate of 0.1 percent of relevant amounts beginning from the date that an application on the refund of the excess amount is filed up to the date that such amount is refunded.

If overpaid amounts of tax are refunded to the taxpayer within 45 days (within 20 days - in cases established by Article 179.1 and within 4 months - in cases established by Article 179.2 of this Code) from the date of application, interests shall not be paid to the taxpayer. 

Article 60. Financial sanctions, applied in credit organizations and financial institutions

60.1. Following financial sanctions shall be applied to banks and institutions carrying out certain banking accounts:

60.1.1. for opening a current bank account, or other account, for a physical or legal entity involved in entrepreneurial activity in accordance with this Code, in the absence of a duplicate certificate issued by the tax authority in accordance with Article 35 of this Code has been issued to such legal entity, individual entrepreneur, branch and permanent establishment by the relevant tax authority - the amount of 400 manats for each account set;

60.1.2. for not executing a request of individuals or legal entities involved in entrepreneurial activity for payment of taxes from the resources available in such taxpayer's running or other accounts in national or foreign currency, as well as instructions of tax authorities on deductions from taxpayers' accounts, debts, interests and financial sanctions on taxpayer taxes in the order of payment stipulated by the Civil Code, or the freezing of funds in the amount prescribed by this Code - in the amount of 50 percent of the value of transactions made in violation of the order of priority, or the amounts specified in the instruction of the tax authorities to freeze funds in the amount prescribed by this Code. Therewith the sum of applied financial sanction should not exceed 50 percent of the amount specified in these payment orders or instructions of the tax authority.

In the case of undoubted deduction of funds from the taxpayer's currency account the bank freezes on the currency account the funds at the value of 105 percent of the amount specified in the instructions at the rates established by the Central Bank at the date of payment. The instruction shall be fulfilled upon converting the currency funds of the taxpayer into manats.

60.1.3. For not execution of instructions of tax authorities on stopping the operations on payment and other accounts of natural or legal entities involved in entrepreneurial activity- at the amount of 10 percent of the value of operations conducted on these accounts.

60.1.4. For failure to fulfill the requirements of Article 76.2-1 of this Code - in the amount of 30 percent of the total amount of conducted transaction, and if the transactions on these accounts have not been conducted - in the amount of 400 manats for each such account.

60.2. In cases stipulated in article 60.1.2. of this Code upon the submission of relevant instructions to the banks and other credit institutions managing various types of banking activity the interest shall not be charged from taxpayer effective from the date of such instruction.

60.3. In financial institutions, the following financial penalties shall apply:

60.3.1. for non-compliance with the normative legal acts of the Republic of Azerbaijan and international treaties, providing for the exchange of tax and financial data, to which the Republic of Azerbaijan is a party to, at the opening of financial institutions accounts for legal entities and individuals, or providing them with financial services - for each of such account or transaction in the amount of 500 manats;

60.3.2. for failure to submit the electronic report, referred to in Article 16.1.11-4 this Code in the prescribed manner and timeframes - in the amount of 10000 manats;

60.3.3. for failure to fulfill the requirements of Article 76-1 of this Code - in the amount of 30 percent of the total amount of transaction, and non-implementation of transactions on these accounts in the amount of 400 manats for each such account;

60.3.4. the reveal of violations of the requirements of international treaties, providing for the exchange of tax and financial data, to which the Republic of Azerbaijan is a party to, on the basis of the notification of the competent authority of the other country, which is a party to these treaties - in the amount of 1000 manats for each such account. 

Article 61. The responsibility of tax authorities and their officials

61.1. Tax authorities and their officials shall hold the responsibility in accordance with provisions of existing legislation for any losses caused to the taxpayers as the result of their unlawful activities (decisions) or lack of action, as well as unlawful activities (decisions) or lack of action of officials and other employees of indicated authorities during execution of their duties.

61.2. Losses caused to the taxpayers as a result of activities (decisions) or lack of action indicated in article 61.1. of this Code shall be compensated on the basis of court verdict.

Unless otherwise is stipulated by this Code, the amounts of overcharged tax sanctions, interests and administrative penalties in the cases of absence of tax debts shall be refunded or credited to future payments within 45 days from the date of submission of relevant application by the taxpayer.

61.3. For any unlawful activities (decisions) or lack of action, as well as not execution or inappropriate execution of their duties, officials and other employees of tax authorities shall be called to account in accordance with existing legislation.

Chapter VI. Appealing of decisions (acts) of tax authorities and actions (inactions) of their officials

Article 62. Procedure for appealing

62.1. Each taxpayer or any liable person shall have the right to object the decisions (acts) of tax authorities, as well as actions or inactions of officials of the tax authorities.

62.2. Decisions (acts) of tax authorities, activities or lack of action of their officials can be appealed at the supervising tax authority (supervising official) and/or in court.

The submission of appeal to the supervising tax authority (supervising official) does not exclude the right of simultaneous or subsequent submission of similar appeal to the court.

62.3. The appeal to the supervising tax authority (supervising tax official) shall be submitted within 3 months from the date when the taxpayer or any other liable person had determined or was to determine the violation of his rights.

Should the taxpayer or other liable person miss the time period indicated in paragraph 1 of this article for good reasons, this time period can be re-established by supervising tax authority or supervising official of the tax authority.

Article 63. Revision of appeal by the tax authority

63.1. The appeal on the decision (act) of tax authority, activity or lack of action of its officials shall be reviewed by the supervising tax authority or its official within 30 days from the date of receipt and a written respond should be sent to the person, who submitted the complaint.

The person who submitted the appeal shall be informed on the decision in writing within the period of 10 days.

63.2. When taxpayer does not agree with amount of tax calculated that he has to pay he may without stopping the tax payment submit the lodge to the relevant executive authority performing the tax control or the court.

The taxpayer holds the right not to pay financial sanction during the revision of his lodge.

63.3. The appeal by the taxpayer of other liable person to the tax authority (official) shall not stop the execution of action (decision) being appealed, with exception of cases stipulated by paragraph 2 of article 63.2. of this Code.

If the decision (action) being appealed does not comply with legislation of the Republic of Azerbaijan, the tax authority (official) who reviews the appeal, stops completely or partially the execution of such decision (action). The decision on stopping the execution of such action (decision) shall be made by the head of tax authority who took such action or by the supervising tax authority.

63.4. When the amounts of tax, interest or financial sanction, the calculation or application of which has been appealed, are being paid as a result of their calculation (application), the tax, interests or financial sanction were cancelled in whole or in part and as a result of satisfaction of such appeal the taxpayer shall be entitled to:

63.4.1. to receive compensation for erroneously charged amount in accordance with article 61.2 of this Code;

63.4.2. to receive interests from these amounts in accordance with this Code.

Article 64. The revision of court appeals

Lodges (appeals) on decisions (actions) of tax authorities, activities or lack of action of their officials, which are submitted in the court, shall be reviewed in accordance with procedure established by the Administrative-Procedural Code of the Republic of Azerbaijan.

Chapter VII. General provisions on tax payments

Article 65. The procedure on collection of tax debts

65.1. If the taxpayer fails to meet the tax obligation within timeframe specified by this Code, the tax authority shall send to the taxpayer the notification on payment within 5 days of taxes, interests and applied financial sanctions, calculated or re-calculated in accordance with this Code.

65.2. Except as provided for in Articles 65.2.1.1 and 65.2.1.4 of this Code, in other cases on the charged or overcharged taxes, interests and applied financial sanctions, tax authority gives to the credit organization or person engaged in banking operations, the order, being the executive (payment) document to freeze the funds at the current or other accounts of the taxpayer in national or foreign currency in the amount of 105% of the debt and covering debit operations.

65.2.1. The tax authority issues to the credit organization or person engaged in banking operations the order, being the executive (payment) document to recover debts for taxes, interest and financial penalties to the state budget from the current and other accounts of the taxpayer in the national or foreign currency:

65.2.1.1. in case of taxpayer's failure to effect payment of calculated and declared tax by the due date, subject to Article 65.1 of this Code;

65.2.1.2. if after receipt of the notice referred to in Article 65.1 of this Code, the taxpayer within 30 calendar days shall not apply to the court or body (structure), determined by the relevant executive authority, with complaint as per the taxes, interests and financial sanctions applied by the tax authority;

65.2.1.3. according to the relevant judgment of the court or body (structure), determined by the relevant executive authority, if any;

65.2.1.4. in case of availability of the written consent of the taxpayer.

65.2.2. If after receipt of the notice referred to in Article 65.1 of this Code, the taxpayer within 30 calendar days applies with a complaint to the court or body (structure), determined by the relevant executive authority, in connection with calculations of tax authorities, a credit institution or a person engaged in banking operations, according to the valid judgment of the court or body (structure), determined by the relevant executive authority, and in accordance with Article 65.2.1.3 of this Code provides for execution of issued order.

65.2.3. Tax authority ensures the collection of VAT tax arrears only from VAT deposit account of the taxpayer to the state budget. In the absence of the taxpayer funds on the VAT deposit account, sufficient for the payment of VAT tax arrears, in order to recover VAT tax arrears to the state budget in the manner prescribed by this Code may be issued an order for the other accounts of this entity.

65.2.3-1. In other circumstances, with the exception of cases provided for in Articles 65.2.1.1 and 65.2.1.4 of this Code, the tax authority decides to freeze funds in the amount of 105 percent of the amount of tax arrears, interest and financial sanctions on VAT, accrued or overaccrued by the tax authority in the deposit account of the taxpayer.

65.2.3-2. If the taxpayer does not file a complaint on calculations of the tax authority to the court or body (structure), determined by the relevant executive authority within 30 calendar days from the date of receipt of the notification referred to in Article 65.1 of this Code, the tax authority charges the debt, interest, and applied financial sanctions on VAT to the state budget from the VAT deposit account.

65.2.3-3. If the taxpayer submits a complaint on calculations of the tax authority to the court or body (structure), determined by the relevant executive authority within 30 calendar days from the date of receipt of the notification specified in Article 65.1 of this Code, then in accordance with Article 65.2.3-1 of this Code, the collection of debts, interest, and applied financial sanctions on VAT from a frozen deposit account of the VAT is carried out in accordance with the decision of the body (structure), determined by the relevant executive body authorities, adopted in accordance with the Law of the Republic of Azerbaijan "On Administrative Procedure".

65.3. Should the taxpayer have monetary means on current or other accounts in national or foreign currency the instruction of the tax authority shall be fulfilled by the bank or other crediting organization at the date when such instruction is obtained.

65.4. Should the taxpayer not have any monetary means on current or other accounts in national or foreign currency or monetary means are not sufficient to cover tax debts and interests, payment of applied financial sanctions or freeze the funds in the amount prescribed by this Code, the instruction of the tax authority shall be kept by the bank or other crediting organization and is fulfilled as monetary means are deposited on taxpayer's account.

65.5. Should the debts not be paid within 90 days from the date of obtaining of instruction by the bank or other crediting organization and in the event when no information on registration of property for coverage of debts is issued within next 5 banking days in accordance with this Code, the instruction is returned and can not be applied again for the same debt.

In the event when bank or crediting organization have received notification from the tax authority on issuance of decision to conduct the property inventory or on refusal of the relevant executive authority to conduct the property inventory, as stipulated in Article 89.15 of this Code, the instruction is left at force until the taxpayer has fulfilled his tax obligations on this debt.

65.6. Instruction of tax authorities on payment to the state budget of tax debts and interests, applied financial sanctions shall be implemented by the bank or other crediting organization in accordance with order on payments stipulated by the Civil Code of the Republic of Azerbaijan.

65.7. If the instruction of tax authorities on deduction to the state budget of tax debts and interests, applied financial sanctions is directed at taxpayer's currency bank account, the bank or crediting entity shall freeze funds in the account in accordance with procedures stipulated in Article 60.1.2. of this Code, providing the immediate notification to the taxpayer on this. Upon implementation by the taxpayer of conversion operation, bank or crediting entity shall fulfill the instruction of the tax authority.

65.7-1. If the taxpayer has not converted the funds in his bank account in a foreign currency within 10 banking days from the receipt of the instruction of the tax authority, the instruction is executed with the bank converting the frozen funds in foreign currency during the next working day at the rate announced by the Central Bank of the Republic of Azerbaijan. If the bank does not have a national currency in an amount sufficient to convert foreign currency, the order is executed with the conversion operation in accordance with the available national currency and executed each time the national currency is received into the bank account.

65.8. If instruction of the tax authority on payment to the state budget of tax debts, interests and financial sanctions is issued to a number of banks or crediting entities, and tax debts, interests and financial sanctions are paid to the state budget from any current or other accounts in national or foreign currency of the taxpayer or frozen, tax authority shall provide the immediate recall of instructions issued to other banks or crediting entities.

Before recall of the order of the tax authority, credit organizations or persons engaged in banking operations, shall suspend execution of the order on such funds with freezing funds in the amounts charged (paid) to the state budget in the account of the taxpayer on the basis of the document confirming the charging (payment) to the state budget of taxes arrears, interests and financial sanctions.

65.9. Returning of exceeding funds paid to the state budget from current or other accounts in national or foreign currency of the taxpayer shall be implemented in accordance with procedure established by Article 87 of this Code.

Article 66. Illegal income

If income, classified as illegal not to be confiscated in accordance with legislation of the Republic of Azerbaijan, illegality of such incomes shall not affect its taxation.

Article 67. Procedure for determining the taxable base in certain cases

67.1. In the cases referred to in Articles 37.4 and 50.1.1 of the Code, as well as in cases when the documents required for implementation of field inspection were not submitted, did not allow the access to the territory or premises (except living premises (areas)), does not maintain the accounting at all or in accordance with established procedures, in the event of destruction (loss) of accounting and reporting documents, as well as if it is impossible to determine tax articles for any other reason, the tax authority shall be entitled to calculate the tax amounts to be paid, using following matching information:

67.1.1. tax declarations submitted by the taxpayer to the tax authority for previous reporting periods;

67.1.2. official data on taxpayer income, including indirect incomes;

67.1.3. official data on taxpayers costs, including costs for purchasing of goods (movable property and real estate), works and services for individual consumption;

67.1.4. official data on tangible and intangible assets owned or used by the taxpayer;

67.1.5. official data on physical capacity of produced and (or) provided works (works, services) by the taxpayer;

67.1.6. official data on import and export operations of the taxpayer;

67.1.7. official data on funds located at taxpayer's bank accounts, including the data on movements of funds on banking accounts;

67.1.8. the results of the chronometer inspection, conducted at the taxpayer;

67.1.9. any other information, received by the tax authority from known source.

67.2. Determination of the tax, which shall be subject to payment by the taxpayer, is provided on the basis of similar information, information held by tax authorities about the taxpayer, engaged in entrepreneurship, similar activities of the taxpayer with consideration of following indicators:

67.2.1. production of analogue on same kinds of products;

67.2.2. provision of analogue or same kinds of products, implementation of works and provision of services;

67.2.3. territory of the activity.

67.3. If taxes are calculated on the basis of similar information and information on same taxpayer, the tax amount is defined by multiplying of the amount of income or costs, deducted from the taxpayer's income, to the rate of the specific weight of the tax within the reporting period in the income or costs deducted from the income taxpayer, engaged in similar activities.

67.4. If similar information on the taxpayer can not be obtained, taxes are calculated on the basis of registration and reporting information of the taxpayer, engaged in similar activities.

67.5. If on the basis of similar information it is impossible to calculate the income tax of individuals, working on contract basis, or if the work of individuals is not documented, the tax authority calculates the amount of the income tax on the basis of mean monthly wage along the country over previous year.

67.6. If in the tax authority for calculation of tax there are several sets of similar information on the taxpayer, the tax is calculated on the basis of similar information, providing basis for calculation of tax at the highest amount.

67.7. In calculation of the tax on the basis of similar information overpaid taxes, interests and financial sanctions of the taxpayer are taken into consideration.

67.8. For taxpayers submitting to the tax authority the information on absence of entrepreneur activities, property, land and taxable operations in accordance with Article 16.2 of this Code, taxes are not calculated on the basis of similar information.

67.9. Upon the submission of declarations on taxes calculated on the basis of similar information, calculated taxes are re-calculated with consideration of declarations.

67.10. Taxation on the basis of similar information is performed in accordance with Article 65 of this Code.

67.11. If any operation is conducted between mutually connected persons, when determining the taxable income generated by people not connected with each other the tax authority may distribute incomes and costs between such persons.

67.12. If the person declares the receiving of amount which is not enough to cover his personal needs including the payment of property fees, the tax authority shall determine the income and taxes on the basis of costs incurred for previous periods, including credits and debts.

67.13. In cases when for the purposes of taxation barter operations are considered as sale of goods (works, services) at market prices, relevant operations shall be registered by electronic tax invoices.

When the amounts of barter operations in electronic tax invoices are reduced, the tax authority determines the taxable base with consideration of market prices, calculates the amount of tax and applies sanctions stipulated for the violation of tax legislation of the Republic of Azerbaijan.

67.14. In the cases referred to in Article 67.1 of this Code, if definition of income or expense by the taxpayer is possible, the tax on profit (income tax) shall be calculated in accordance with Article 83.9 of this Code.

67.15. When a tax authority finds out during a tax audit that the goods, specified in the taxpayer's accounting data, are not actually in its possession, taxes are calculated for the reporting period in which this circumstance was discovered and during the field tax audit - during the last reporting period, covered by the audit. 

Article 67-1. Taxation in the industrial or technology park

67-1.1. If a resident of the industrial or technology park will provide utility and other objects of taxation located in the industrial or technology park before the expiration of the grace period set forth in this Code:

67-1.1.1. to a new resident who has bought utility and other objects of taxation and pledged to begin production or continue the production of goods (works, services) in accordance with the existing investment project of the former resident, the tax benefits are granted within the remainder of this period;

67-1.1.2. to a new resident who has bought utility and other objects of taxation and pledged to organize the production of other types of goods (works, services) in accordance with the new investment project and to make investments in the amount of not less than the amount set by the relevant executive authority, tax benefits are granted for the full period provided for in this Code.

67-1.2. If a resident of the industrial or technology park provides utility and other objects of taxation located in this industrial or technology park after expiry of the grace period set forth in this Code:

67-1.2.1. to a new resident who has bought utility and other objects of taxation and continues to produce the goods (works, services) in accordance with the existing investment project of the former resident, the tax benefits are not available;

67-1.2.2. to a new resident who has bought utility and other objects of taxation and pledged to organize the production of other types of goods (works, services) in accordance with the new investment project and to make investments in the amount of not less than the amount set by the relevant executive authority, tax benefits are granted for the full period provided for in this Code.

67-1.3. If a resident of the industrial or technology park will create another production area in the industrial or technology park according to a new investment project, the tax benefits established by this Code, shall be calculated from the date of registration of the resident in the industrial or technology park on the new investment project in an order stipulated by the relevant executive authority. In this case, the tax benefits set out in this Code shall apply to the activities of the new investment project.

67-1.4. If during the period of application of tax benefits, the resident of industrial or technology park operates outside the industrial or technology park, it shall account for revenue and costs associated with these activities separately. In this case, a resident of the industrial or technology park shall pay taxes on the income from activities outside of the park, in the general procedure established by the Tax Code.

67-1.5. In the case provided for in Article 67-1.3 of this Code, during the period of application of tax benefits, the resident of industrial or technology park shall account for revenue and costs associated with the activities of other production area, established in the industrial or technology park under the new investment project separately.

Article 67-2. Taxation of legal entities and private entrepreneurs, received the investment promotion certificate

67-2.1. If the entity who has received the investment promotion certificate will submit economic and other objects of taxation before the expiration of the grace period, set by this Code, then tax benefits in respect of a new entity who has acquired economic and other objects of taxation and undertakes to initiate or continue the production of goods (works, services) according to the current investment project, shall be provided for the remainder of this period.

67-2.2. If the entity who has received the investment promotion certificate, creates production site according to a new investment project, then tax benefits established by this Code, shall have effect from the date of receipt of the investment promotion certificate by the entity under new investment project.

67-2.3. If during the period of application of tax benefits, the entity who has received the investment promotion certificate, is engaged in activities not related to the investment project, then it shall keep records of income and expenses in connection with this activities separately and pay taxes on the income from this activity in the general procedure established by this Code.

67-2.4. If the minimum amount of the investment project is not invested and the investment promotion document is canceled in cases provided for in the procedure, established by the body (structure), determined by the relevant executive authority, except for paying interest on taxes, starting from the date of execution of the investment project, the calculation and payment to the state budget of taxes on income and operations to which the tax exemptions established by this Code are applied, is made by persons to whom an investment promotion document has been issued. At the same time, the amount of taxes to be recalculated is determined in the reporting period, when the investment promotion document was canceled, or if this circumstance was discovered during tax audits, in the last reporting period, covered by the audit.

Article 68. Procedure on determining the time period

68.1. The duration of any period established by this Code shall start from the day which follows the day of execution of legal activity of actual event that stimulate the counting of such period.

68.2. Any period shall expire at the end of the last day of the period stipulated by this Code. If any period stipulated by this Code is a non-business day it shall be postponed to the following business day.

Article 69. Exchange of foreign currency into manats

69.1. If any taxable operation is implemented in foreign currency the exchange of such currency into manats shall be conducted in accordance with the official exchange rate of the Central Bank of Azerbaijan on the date of operation.

69.2. The exchange rate difference arising from operations with foreign currency related to taxation is determined by the difference between the exchange rate on the day of the transaction and the exchange rate on the day of payment for the value of goods (work, services). The exchange rate difference in receivables and payables arising from goods (works and services) received and provided at the end of the reporting year in foreign currency should be related to profit or loss estimated at the rate, announced by the Central Bank of the Republic of Azerbaijan. The taxpayer's cash in foreign currency at the end of the calendar year is determined on the basis of the official exchange rate, announced by the Central Bank of the Republic of Azerbaijan

Article 70. Correspondence with taxpayers

70.1. If the requirement of tax authority to the taxpayer or the requirement of the taxpayer to the tax authority is not in writing or electronic format and was not submitted by one party to another party, such requirements shall not have any legal force for neither the tax authority nor taxpayer.

70.2. Any decision, act, notice, request, letter or other documents (their copies) sent by the tax authority to the taxpayer must be signed by the head of the tax authority (his deputy) with his name specified and seal affixed. It is not necessary to affix a seal to the documents, sent electronically.

70.2-1. documents (their copies) are considered to be duly served, if the tax authority sends (delivers) to the taxpayer in accordance with one of the following forms:

70.2-1.1. in the case of transfer to the taxpayer (his authorized representative) personally - on the day of issue personally;

70.2-1.2. in the case of mailing to the address, specified in the documents on the state registration of a legal entity that is a taxpayer, or the records of an individual who is a taxpayer, as the last address, after 5 working days from the date of submission to the post office.

70.2-1.3. in the case of sending to the electronic cabinet by electronic means - after 3 working days from the day of dispatch by electronic means.

70-2.2. if documents (their copies) are submitted personally in accordance with article 70.2-1.1 of this Code , they shall be submitted to the taxpayer (his authorized representative) in a way confirming the date of submission;

70.2-3. the procedure provided for in Articles 70.2-1.2 and 70.2-1.3 of this Code does not apply to cases of lack or late receipt of the administrative act by the taxpayer (his authorized representative).

70.3. Documents on tax calculation or other documents developed in accordance with tax legislation can not be considered as invalid or having any procedural violations if:

70.3.1. their content complies with tax legislation and;

70.3.2. they indicate the recipient person or the person whose taxes are calculated. 

Article 71. Compiling and maintaining records by taxpayers

71.1. Any person shall be obliged to document any operation that:

71.1.1. entails a tax obligation for that person;

71.1.2. entails an obligation to withhold tax for that person; or

71.1.3. entails an obligation for that person to submit information.

71.2. Taxpayers shall be obliged to maintain records indicated in article 71.1. of this Code in accordance with established procedure.

71.3. If a taxpayer's documents have been drawn up in a foreign language, tax authorities require the translation of such documents into Azerbaijani.

71.4. Accounting documents, including information in electronic and (or) paper format should be kept for at least 5 years in a readable form within the time prescribed by law.

Article 71-1. Electronic delivery notes

71-1.1. In the cases established by this Code, a person providing goods, performing work and rendering services to private entrepreneurs and legal entities, shall issue electronic delivery note to them. Persons, who have not registered with the tax authorities as taxpayers, have no right to issue the electronic delivery note.

71-1.2. The form, rules of application, accounting and the use of electronic delivery notes are established by respective executive authority.

Article 72. Procedure of submission and preparation of tax reports

72.1. For the purposes of this Code, a tax report shall consist of a tax declaration.

72.2. In accordance with the provisions of this Code and other legal normative acts, taxpayers that are required to submit a tax report shall submit such tax report to the relevant State tax authorities, within the term stipulated in this Code, in accordance with the form and in the place determined by the relevant central executive authorities.

Tax reports can be provided by the taxpayer personally or by any other means allowing confirmation of submission of the report (including submission or sending in the form of electronic document in accordance with the respective legislation to the post service).

Submission of tax reports in the form of electronic document shall be performed in an order stipulated by the executive authority. Provisions of articles 72.3, 72.4, 72.6.3 and 72.6.4 of this Code shall not be applied to the taxpayers, filed the documents in the form of electronic document.

72.3. A tax report shall be signed by the taxpayer or his/its duly authorized representative.

72.4. In accordance with legislation an independent auditor providing a taxpayer with the service of preparing a tax report shall sign and seal the tax report and indicate his Taxpayer's ID. If such report is prepared by more than one person, it shall be signed by the chief person.

72.5. If data in the reports for previous reporting period is varying from data on initial control documents, with exception of cases stipulated under Article 163 of this Code, taxpayers shall submit corrected report for subject reporting period. If the amount of tax to be paid to the budget in accordance with corrected report exceeds the tax amount to be paid in accordance with the report provided earlier, the additional calculated amount shall be paid with interests accrued, and if such amount is less-calculated amounts of tax or interests are decreased. Corrected reports or reports not submitted in timely manner can be furnished by the taxpayer before the date of field tax inspection commencement.

72.5-1. In the case of a voluntary tax declaration, taxpayers submits to the tax authority the report on this in the form prescribed by the relevant executive authority.

72.5-2. According to a report, provided in the case of a voluntary tax declaration, the taxpayer pays to the budget only the amount of calculated tax.

72.6 Stipulating acceptance by a tax authority of a tax report after conducting its office (field) inspection or any other actions shall be unallowable and shall entail responsibility as provided by the legislation. Only in the following cases tax report shall not be accepted by a tax authority, if:

72.6.1. Tax ID number of a taxpayer is not mentioned or mentioned incorrectly;

72.6.2. The tax period is not reflected;

72.6.3. the tax report, submitted in the form of paper document is not approved by a taxpayer-legal entity with signatures and seal;

72.6.4. the tax report is not signed by a taxpayer-individual;

72.6.5. if the tax report submitted in the form of electronic document by taxpayers - legal entities and individuals is not corresponding to the requirements of respective legislation or regulations.

72.7. In the event that tax report submitted in accordance with this Code or other legislative acts was not accepted in cases mentioned in Articles 72.6.1 -72.6.5 of this Code, the taxpayer shall, within 3 working days from the date of submission of the tax report, be sent a notice of this, as well as of submission of the report to the tax authority after having removed inaccuracies established.

Article 73. Submission of information on payments

A person who pays for any work performed or services rendered, or who makes any other payments shall, if so required by legislation, submit information to State tax authorities on such payments, as well as to the person that receives the income.

Article 74. Extension of the term for submitting tax reports

74.1. If, before the end of the term for submitting reports, a taxpayer places a request for the extension of the term for submitting a profit or income tax report and pays the due tax in full amount, the term for submitting reports shall be deemed to have been extended for up to three months.

The extension of the term pursuant to this Article shall not change the term for the payment of tax.

74.2. If the amount of tax as per the report exceeds the amount paid, the relevant difference shall be paid to the budget along with interest calculated from the last day of the tax payment term.

Article 75. Responsibilities of Banks and other credit organizations, managing various types of banking activities for taxpayers

75.0. Banks and institutions managing various banking accounts shall be obliged to:

75.0.1. open a current or other accounts in national or foreign currency for legal entities and individuals carrying out business activity without establishment of legal entity, only upon the presentation of a document proving that a taxpayer's identification number has been issued to such person by the relevant State tax authorities; advise State tax authorities of such accounts opened by a taxpayer; and not carry out operations on accounts unless bank documents reflect the taxpayer's identification number;

75.0.2. execute a request of legal entities and individuals carrying out business activity without establishment of legal entity for payment of taxes from the resources available in such taxpayer's current or other accounts in national or foreign currency;

75.0.3. transfer tax amounts to the relevant budget (to another banking institution providing a cash service to the bank or to the budget) on the date that resources are written off from a current or other accounts in national or foreign currency of legal entities and individuals carrying out business activity without establishment of legal entity.

Article 76. Provision of information by banks and other credit organizations, carrying out certain banking activities

76.1. By sending a written notice during tax control or for the purpose of exchanging information with the competent authorities of another state under international agreements joined by the Republic of Azerbaijan, to credit institutions or persons carrying out banking operations, the tax authorities are entitled to receive information on the bank account and taxpayer's transactions (persons), serviced by this bank or credit institution.

76.2. Upon receipt of notification sent in the manner according to Article 76.1 of this Code, a credit institution or a person carrying out banking operations, in the form approved by the relevant executive authority, shall, within five working days send (transfer) to the account holder an official information on provision of the information specified in this notification to the tax authority and within 15 days must submit the necessary information to the tax authority.

76.2-1. Banks and credit organizations engaged in certain types of banking operations, in accordance with the international agreements signed between the Republic of Azerbaijan and other countries, by the relevant executive authority must provide information on the financial operations carried out by legal entities and individuals of these countries on the territory of the Republic of Azerbaijan, to authorized bodies of these foreign states within the procedure and order, prescribed by the relevant executive authority.

76.3. Information on bank accounts or transactions, obtained in accordance with this Article, under the provisions of respective international treaty can be transferred to appropriate authorities of the other state. In other cases provision of the information about accounts or transactions to other authorities or citizens is prohibited. 

Article 76-1. Provision of information by financial institutions

In accordance with international treaties, providing for the exchange of tax and financial data, to which the Republic of Azerbaijan is a party to, financial institutions must provide information on the financial transactions carried out by legal entities and individuals of these foreign countries in the territory of the Republic of Azerbaijan, to authorities of these countries by the relevant executive authority in the extent and the procedure established by the respective executive authority. 

Article 77. Tax obligation

77.1 A taxpayer's obligation to pay taxes (including current tax payments), established in the cases and in the manner set forth in this Code, calculated interests and applied financial sanctions shall be deemed its tax obligation.

77.2. Bases for the emergence, alteration and annulment of a tax obligation, as well as rules and conditions for the fulfillment of a tax obligation shall be determined exclusively under this Code.

77.3. Taxpayers shall be responsible for relevant tax obligations from the moment that obligations to pay tax arise in accordance with the provisions of tax legislation.

77.4. The tax obligation shall be completed in following cases:

77.4.1. with payment of taxes;

77.4.2. with appearance of circumstance connected with completion of tax obligation pursuant to tax legislation, as well as when writing off tax arrears, interests and financial sanctions on the basis of the law;

77.4.3. with death of the taxpayer or his recognition as dead in accordance with civil legislation of the Republic of Azerbaijan. The property tax debts of the person who died or recognized as dead shall be compensated from and within the amount of his property.

77.4.4. with liquidation of legal entity - upon the calculation of budget payments (payments to non-budgetary funds) by the liquidation commission (abolisher, liquidator) in accordance with this Code.

77.4.5. if the requirements of the taxpayer-debtor, liquidated due to bankruptcy as established by the legislation of the Republic of Azerbaijan, the repayment of which is refused according to court judgment, are considered annulled.

Article 77-1. The decision on the advance tax ruling

77-1.1. The taxpayer submits the application to the tax authority for taking a decision (hereinafter, for the purposes of this article - a decision) on the advance tax ruling in the manner provided for in Articles 29 and 30 of the Law of the Republic of Azerbaijan "On Administrative Procedure".

77-1.2. The following documents shall be enclosed to the application:

77-1.2.1. documents relating to taxable transactions, in respect of which a decision is required;

77-1.2.2. taxpayer's notes about the legal implications of the use of tax liabilities and tax legislation for taxable transactions;

77-1.2.3. other information deemed necessary for a decision.

77-1.3. Documents attached to the application must be prepared in the official language. Originals of documents prepared in a foreign language must be accompanied by officially certified translation into the state language.

77-1.4. The decision is taken within 30 business days after the submission of documents and information referred to in Articles 77-1.2 and 77-1.3 of this Code.

77-1.5. The tax authority checks the compliance of the application and attached documents with the requirements of Articles 77-1.1 - 77-1.3. If shortcomings are found in the application and documents attached thereto that can be eliminated and which are not the reason of refusal of the decision-taking, the tax authority within 10 working days from the date of registration of the application shall notify the taxpayer about their elimination.

77-1.6. The taxpayer is obliged to eliminate these shortcomings within 10 working days from the day of receipt of the notification. In this case, the period related to the decision-making shall be suspended and the suspension period shall not be included in the decision-making period. The period term is renewed after the application of the taxpayer on shortcomings elimination.

77-1.7. The decision is made by the tax authority separately with respect to each taxpayer and for each taxable transaction, certified by the signature and seal of the head of tax authority and shall be compulsorily valid for a period of 3 years, except for cases of changes in regulatory legal acts prior to the transaction, regulating the relations, associated with the transaction in respect of which a decision is made.

77-1.8. In the absence of shortcomings in the application and attached documents, submitted by the taxpayer or elimination of identified shortcomings within the period specified in Article 77-1.6 of this Code, the tax authority verbally or by letter notifies the taxpayer of the obligation to pay the state duty established by the Law of Republic of Azerbaijan "On state duty".

77-1.9. The state duty for decision-making is payable by the taxpayer in accordance with Article 77-1.8 of this Code, within 3 business days after the receipt of the tax authority' notification and then the document, evidencing payment is submitted to the tax authority.

77-1.10. Following the submission of the document, evidencing the state duty payment, to the tax authority the decision is made within the period established by this Code and submitted to the taxpayer or sent by registered mail.

77-1.11. Execution of the decision is legally binding for the tax authority only for the transaction specified in the application and for the taxpayer, which will carry out the transaction, referred to in the decision, provided that the taxpayer has already carried out this transaction.

77-1.12. The transaction, for which a decision is taken, is not binding for the taxpayer.

77-1.13. The tax authority refuses to take a decision in the following cases:

77-1.13.1. when the declaration and the documents attached thereto contain information that does not correspond to the law (with the exception of the case provided for in the second sentence of Article 77-1.5 of this Code);

77-1.13.2. if under a transaction specified in the application there is a decision of the tax authority on the establishment of the tax liability, according to the present Code and if the terms for the transaction have not changed;

77-1.13.3. if the transaction specified in the application has already been made or in connection with this transaction there is a decision of the tax authority or a court decision, entered into legal force;

77-1.13.4. upon reveal by the tax authority that the creation of tax avoidance scheme in a transaction in respect of which an application is filed for a decision-making, the taxpayer intended to obtain a tax advantage;

77-1.13.5. if the value of transactions applied for a decision-making is less than 10.000.000 (ten million) manats;

77-1.13.6. if a document confirming payment of the state duty is not provided to the tax authority within the period specified in Article 77-1.9 of this Code;

77-1.13.7. when the taxpayer do not comply with the requirements established by this Code during application for a decision-making, including, if the application is not accompanied with the information and documents required in connection with the establishment of the legal consequences of the application of the tax liability and tax law, or if the accompanying information and documents are inadequate to establish the legal consequences of the application of the tax liability and tax legislation;

77-1.13.8. if the establishment of the legal consequences of the application of the tax liability and the tax legislation of a transaction by which a decision is provided, is not within the authority of the tax authority.

77-1.14. In case of any change in normative legal acts, regulating relations with regard to the transaction over which the decision is made, before the transaction is completed, the tax authority's decision on the advance tax ruling has no legal force.

77-1.15. The taxpayer has a right to file a complaint against the decision made by the tax authority in accordance with this article, as well as the refusal of this decision in the administrative procedure and in court. 

Article 78. Fulfillment of tax obligations

78.1. Fulfillment of tax obligations shall be the payment of payable tax amounts within the established term. The fulfillment of tax liabilities is obligatory regardless of the existence of funds on taxpayer's accounts or any property.

78.2. Fulfillment of tax obligations shall be implemented in the order established by this Code.

78.3. Fulfillment of tax obligations shall be carried out directly by the taxpayer, unless otherwise provided for in this Code

78.4. Fulfillment of tax obligations shall not be assigned to other persons.

Article 79. Fulfillment of tax obligations upon the liquidation of an enterprise (organization)

79.1. The tax obligations of a liquidated enterprise (organization) shall be fulfilled by the liquidation commission (abolisher, liquidator) at the expense of the enterprise's (organization's) monetary resources, including income received from the sale of its property. Unless otherwise provided for in this Article, the liquidation commission (abolisher, liquidator) shall also fulfill the tax obligations of the enterprise's (organization's) branches, and separate divisions. The obligations of a branch or separate division of the liquidated enterprise (organization) shall be fulfilled directly by that enterprise, or, upon the liquidation of that enterprise, by the liquidation commission (abolisher, liquidator) of that enterprise.

79.2. If the liquidated enterprise's (organization's) monetary resources, including resources received from the sale (for the purpose of the fulfillment of tax obligations) of its property, are not sufficient for the complete fulfillment of such enterprise's (organization's) tax obligations, the remaining debt on the tax obligations shall be paid by the founders of the enterprise, if, pursuant to the law, regulations or other foundation documents, the enterprise's founders are jointly responsible for its obligations. The payment of debt obligations upon the liquidation of a personal enterprise shall be the responsibility of the owner of its property.

79.3. In the case of enterprise bankruptcy his obligations shall be fulfilled in order established by the legislation.

Article 80. Fulfillment of tax obligations upon the reorganization of an enterprise (organization)

80.1. The tax obligations of a reorganized enterprise (organization) shall be fulfilled by its newly appointed successor (successors) in accordance with this article.

80.2. The fulfillment of a reorganized enterprise's tax obligations (liabilities) shall be vested in its successor (successors), whether or not such successor (successors) is (are) aware of the factors or circumstances in the reorganized enterprise's non-fulfillment or improper fulfillment of its obligations before the reorganization has been completed.

80.3. Reorganization of an enterprise shall not alter the term for payment of such enterprise's (organization's) tax obligations by its successor (successors).

80.4. An enterprise established as a result of a merger of several enterprises (organizations) shall be considered the successor with respect to the tax obligations of each of those enterprises (organizations).

80.5. If an enterprise (organization) is split up into several enterprises (organizations), the organizations (enterprises) established as a result of such split-up shall be considered the successors with respect to the tax obligations of the divided enterprise (organization).

80.6. When there are several enterprises, the share of each successor in the fulfillment of a reorganized enterprise's tax obligations shall be determined according to the procedure established by the relevant central executive authorities.

80.7. An enterprise established as a result of altering an enterprise's organizational-legal status shall be considered the successor with respect to the tax obligations of such reorganized enterprise.

If reorganization, when one or more enterprises (organizations) are split off from an enterprise (organization) is not directed in the non-fulfillment of the reorganized enterprise's tax obligations, the enterprises (organizations) so split off shall not be successors with respect fulfilling the reorganized enterprise's (organization's) tax obligations.

80.8. If one legal entity is transformed into another the successor of the reorganized legal entity shall be a new legal entity.

80.9. If one of number of legal entities are excluded from a legal entity the reorganized legal entity shall not be considered a successor for the purposes of taxation, provided however that this is not directed to non compliance of tax obligations of this reorganized legal entity.

Article 81. Fulfillment of the tax obligations of deceased, incompetent or missing individuals

81.1. The tax obligations of a deceased, incompetent or missing individual, as well as related interests and sanctions, shall be fulfilled by his heir (heirs) or successor (successors) within the limits of the value of the property and in accordance with such heir's (heirs') or successor's (successors') share in that property as of the day that the inheritance was received.

81.2. Where there is no heir (heirs) or successor (successors), the deceased person's tax liabilities and related interests and sanctions shall be written off (annulled).

81.3. The tax liabilities of an individual who is deemed, by a court decision, incompetent or missing shall be paid for by the guardian of that person at the expense of the relevant property.

81.4. If the property of an individual who is duly considered incompetent or missing is not sufficient to pay for all his tax liabilities, as well as interest and fines, such interest and fines shall be debited by the relevant central executive authorities in the manner stipulated in Article 93 of this Code.

81.5. If the status of being incompetent or missing is terminated, by a decision, with respect to an individual, such person's tax liabilities that were written off before shall be re-established; no interest or fine shall, however, be assessed for the period starting from the date that the person began to be considered incompetent or missing up to the date that the status of being incompetent or missing was terminated.

Article 82. Procedure for calculation and payment of tax by the taxpayer

82.1. Unless otherwise provided for in tax legislation, a taxpayer shall independently calculate the tax amount payable during a tax accounting period on the basis of the taxable base, the tax rate and tax exemptions.

82.2. The calculation of taxes payable in certain cases stipulated in this Code or other normative acts of tax legislation may be vested in a State tax agency or tax agent.

82.3. Taxes shall be calculated in the manner established in this Code or other normative acts of tax legislation with respect to the relevant tax.

82.4. A tax amount which is payable within an established term shall be paid (transferred) by the taxpayer or person who is legally liable in cases established by legislation.

Article 83. Calculation of taxes by tax authorities

83.1. Pursuant to this Code, assessment of a tax shall mean the entry of a tax amount payable by a taxpayer for a specific tax period into the accounting records of the State tax service authorities. Re-assessment of already assessed tax amounts by State tax authorities shall also be deemed the assessment of taxes.

83.2. State tax service authorities shall, pursuant to this Code, have the right to assess the tax liability of each taxpayer according to one or more of the following sources:

83.2.1. data contained in taxpayers' tax declarations or returns;

83.2.2. information on payments pursuant to Article 73 of this Code;

83.2.3. audit materials

83.2.4. any other information known to tax authorities from known source, including the similar data, stipulated under Article 67 of this Code.

83.3. The tax authority shall be entitled to re-calculate taxes, interests and financial sanctions, calculated by results of field and off-site inspection (except for the calculation of off-site tax inspection on the occasion referred to in Article 37.2 of this Code), within 3 years upon the end of the reporting period in accordance with Article 85.4 of this Code.

83.4. In the event that tax legislation does not require tax payment with the submission of a declaration, as well as in cases when the State tax authorities consider a previous tax assessment to be erroneous, the tax authorities shall assess tax and send, within 5 business days a tax assessment notification to the taxpayer in accordance with Article 84 of this Code. Tax authorities may, before the end of the claim period stipulated in Article 85 of this Code, assess a tax amount or make adjustments to a previously calculated tax amount.

83.5. In cases when this Code had established the payment of tax with submission of tax return, the development of the return reflecting tax payment application shall be the notification on calculation and payment of such tax.

83.6. When during taxation in accordance with Articles 5.0.1, 212.4 or 221.4.1. of this Code the taxpayer did not submit the tax return and the tax authority did not calculate the payable tax amounts on the basis of other data pursuant to procedures of this Code it is considered that the tax authority had calculated the annual tax obligations of the taxpayer at the volume of tax withheld or paid from taxable base received by the taxpayer within a year, and provided the notification on tax calculation to the taxpayer.

83.7. If there is concrete information about a taxpayer's intention to evade taxes by violating jurisdiction, transferring fixed assets to another person or taking other steps to prevent the withholding of a tax where taxes are not immediately paid, the State authorities shall be entitled to assess tax before the date that it is usually paid, provided that such action is necessary to ensure withholding of the tax. The tax authority shall make a reasoned decision.

83.8. The taxpayer may, on the basis of the following arguments, appeal to a court against the assessment of a tax under the Article 83.7 for following reasons:

83.8.1. the tax amount exceeds the amount that shall be paid ; or

83.8.2. there is no reason for an early tax assessment.

83.9. When it is not possible to determine the profit (income) of taxpayer such profit (income) shall be calculated in accordance with rules established by relevant authority. 

Article 84. Notification of the assessment of a tax

84.0. A taxpayer shall be served a notice about the assessment of a tax. Such a notice shall indicate the following:

84.0.1. the taxpayer's name or the name of the entity;

84.0.2. the Taxpayer's ID;

84.0.3. the date of notification;

84.0.4. the object that the notification relates to and the tax year, or tax years, covered by the notification;

84.0.5. the amount of the estimated tax and interest;

84.0.6. a request for payment of the tax and the payment term;

84.0.7. the place and procedure for payment of the tax;

84.0.8. the circumstances (events) on which the tax assessment was based;

84.0.9. the procedure for lodging a complaint.

Article 85. Terms of tax obligations fulfillment and alteration of such terms

85.1. Terms of tax payments shall be established with reference to each tax. Alteration of specified terms of tax payment maybe admitted only in an order stipulated by this Code.

85.2. Payment of taxes in violation of payment terms will be resulted in payment of penalties (percents) by the taxpayer in an order and subject to provisions stipulated by this Code.

85.3. Terms of tax payments shall be defined by the calendar date or expiration of terms, calculated by years, quarters, months, decades, weeks and days and also by the event which should arise or occur, or actions to be performed.

85.4. Tax authorities are entitled to calculate, recalculate taxes, penalties and financial sanctions of the taxpayer within 3 years after termination of taxable reporting period, to impose calculated (recalculated) sums of taxes, penalties and financial sanctions within 5 years after termination of taxable reporting period.

85.5. A taxpayer has the right, within 3 years after the expiration of the tax report period, to demand calculation of taxes, interests and financial sanctions incorrectly deducted, and, within 5 years, demand re-calculation of the calculated amount and return or replacement of the overpaid taxes, interests and financial sanctions.

85.5-1. The restrictions set forth in Articles 85.4 and 85.5 of this Code in connection with the term shall not apply to the contribution to compulsory state social insurance.

85.5-2. If the taxpayer lodged a complaint to the court on taxes, interest and financial sanctions, accrued by the tax authority, the time passed from the date of appeal to the date the court decision entered into legal force, as well as the deadlines established by articles 38.7.1, 38.7.2, 38.7.4 and 38.7.5 of this Code, shall not be included in the period established by Articles 85.4 and 85.5 of this Code.

85.6. Terms of fulfillment of tax obligations may be extended for later periods, than specified by this Code, in the following cases:

85.6.1. cause of damage to the taxpayer as a result of natural disaster or any other force-majeure circumstances. In this event the taxpayer shall submit to the relevant tax authority the notes of the event occurred and the amount of damage incurred;

85.6.2. threat of bankruptcy as a result of tax lump-sum payment by him. In this case the taxpayer shall submit the notes on debts and credits on the date of application with indication of the cash money, funds on current or other accounts in national or foreign currency, surnames of debtors and creditors, TIN.

85.7. Alteration of terms of tax payments shall not be resulted in annulment of current obligation and establishment of new tax obligation.

85.8. Terms of fulfillment of tax obligations cannot be extended if criminal proceedings regarding violation of tax legislation is instituted against the taxpayer.

85.9. Extension of the terms of tax obligation fulfillment shall be granted on the basis of justified written application of the taxpayer submitted to tax authority, specifying that such extension will be ensured by the taxpayer by respective guarantee or surety. Application shall be submitted before the payment period, established by the type (types) of tax for the relevant reporting period. Relevant tax authority shall review the application within 30 days and if required, decision is taken for extension period.

85.10. In the presence of grounds, stipulated by the article 85.6 of this Code, the terms of fulfillment of tax obligations may be extended for the period 1-9 months within tax year. A taxpayer shall not be calculated interests for that period.

85.11. The decision of respective executive power body on extension of fulfillment of tax obligation shall specify the reference to the amount of tax debt, type (type) of taxes, terms of payment to be extended, terms and procedure of payment, imposed penalties and also notes about guarantee or surety.

In the event of staged implementation of tax liability within periods stipulated under Article 85.10 of this Code, the decision of tax authorities on extension of the period for implementation of tax liability shall include the procedure on staged implementation of tax liability

85.12. The decision about extension of terms of tax obligation fulfillment will be effective from the day specified in this decision.

85.13. Consideration of the invalidity of contract in accordance with procedures stipulated under legislation does not mean the cancellation of the tax obligations of the taxpayer».

85.14. The extended period for execution of the tax obligation is cancelled before the expiry in following events:

85.14.1. in advance execution tax obligations by the taxpayer;

85.14.2. in cases stipulated in Article 85.8 of this Code;

85.14.3. non-compliance with provisions of the decision of tax authority on extension of the tax obligation execution period.

85.15. In cases stipulated under Article 85.14 of this Code, the tax authority, which has taken the decision on termination of the extended period for tax obligation execution, shall inform the taxpayer about it within 5 days. The taxpayer within 30 days from the date of receiving of information shall make the payment of debts and interest accrued to the amount until the date of payment within 30 days.

85.16. The relevant tax authority shall each quarter (periodically) inform the relevant executive authority on the amount of tax obligations, the period of which is extended.

Article 86. Places where taxes are paid

86.0. Taxes shall be paid at the following places:

86.0.1. the place indicated in the notice; or

86.0.2. at place of registration of the taxpayer - unless otherwise stipulated by this Code;

86.0.3. withholding taxes,- by tax agencies at the location of registration;

86.0.4. when no place is indicated in the relevant tax legislation, the place of residence of the physical taxpayer, or the place of activity of a legal taxpayer. 

Article 87. Refund of overpaid taxes, interests and financial sanctions

87.1. Where tax, interest or financial sanction is paid in excess of the assessed tax amount, with exception of administrative penalties such overpayments shall be:

87.1.1. shall be accounted at the balance of other taxes, interests, financial sanctions and administrative penalties;

87.1.2. shall be credited to future obligations, with the taxpayer's consent;

87.2. If an excess tax amount, interest or financial sanctions paid by a taxpayer is credited against his/its other tax liabilities, on their request a taxpayer is issued the extract from the file and revision protocol, as well as once in a quarter within 20 days until the quarter end he is sent the notification. Extract from the personal sheet or verification act shall not be given for the period not covered by tax inspection during preliminary investigation carried out by the respective executive authority on cases related to offences provided by Article 213 and 213-1 of the Criminal Code of the Republic of Azerbaijan in accordance with Criminal Procedure Code of the Republic of Azerbaijan.

87.3. Unless otherwise provided for in this Code, refund such excess amount to the taxpayer, upon the taxpayer submitting a written application, within 45 days.

87.4. Rules for the refund of overpaid taxes, interests and financial sanctions to the taxpayer shall be established by relevant executive authority.

Article 88. Rules for the payment of tax arrears

88.0. Tax arrears payable to the Budget shall be paid in the following order:

88.0.1. the amount of taxes assessed, consecutively from the date of formation;

88.0.2. the amount of interest assessed;

88.0.3. the amount of financial sanctions assessed.

Article 89. Seizure of property

89.1. In the event that a taxpayer did not fulfil his/her tax obligation within the term provided by this Code, his/her property may be distrained as a method to ensure the payment of his/her tax burden, interests calculated on the tax burden in connection with the non-fulfilment of the same obligation, and of applicable financial sanctions.

89.2. The seizure of property is the limitation of taxpayer's rights to his property within which he can not manage the property or part of it, and possession and use of this property is performed under the control of the tax authorities.

89.3. In the event of non-payment by the taxpayer of its debts on taxes, interests and financial sanctions within terms specified in the notifications, as per Article 65.1 of this Code, the tax authority is entitled to demand from the taxpayer the submission to the tax authority of information on assets in the form set by the relevant executive authority. For delayed submission of information the taxpayer shall be liable in accordance with provisions of this Code.

When the tax authority had enough reasons to think that the taxpayer evades from execution of obligations on taxes, the tax authority sends the notification to the taxpayer requesting the immediate payment of tax obligation.

When the taxpayer does not execute tax obligations as stipulated in paragraph 2 of this article the tax authority on the basis of motivated decision can implement the seizure of taxpayer's property.

The implementation of property seizure at night time (from 20:00 P.M. to 8:00 A.M.) shall not be allowed with exception of certain cases.

89.4. The seizure is implemented on the entire property of a legal entity and for individual it shall exclude the property, which can not be seized in accordance with legislation of the Republic of Azerbaijan.

89.5. Only property shall be distrained that is required and sufficient for execution of tax obligation, calculated interests and applied financial sanctions on tax debts due to non-fulfillment of this obligation, suitable for sell/marketable and retaining its commodity properties.

89.6. The seizure of property with consideration of article 89.5 of this Code shall be implemented in following order:

    • cash monetary funds;
    • the property that does not participate directly in production of goods, for example, securities, foreign currency, non-production premises, light transport, design goods for office premises.
    • manufactured goods, as well as other material valuables not involved and/or not intended for direct production purposes;
    • raw materials intended for production purposes as well as machinery, equipment, buildings, facilities and other fixed assets;
    • other property with making a distraint.

89.7. The seizure of property shall be implemented based on the resolution of the chief of tax authority. The resolution shall indicate the name of the taxpayer and address where the property is located.

89.8. The seizure of property shall be implemented by the tax authority in the presence of taxpayer, witnesses and experts, if necessary.

The tax authority implementing the seizure of property does not hold the right to refuse to the taxpayer (his authorized representative) to participate in property seizure.

Persons who participate in seizure as witnesses, experts as well as the taxpayer shall be made aware of their rights and responsibilities.

89.9. Tax authority officials who perform the seizure of property shall submit to the taxpayer (his representative) the decision on seizure of property by the chief of tax authority and documents confirming their authority.

89.10. During the seizure tax authority officials shall develop a protocol on seizure of property, list of the property seized along with the photo of the property shall be attached to this protocol.

The seizure protocol shall contain the precise information about the names, quantity, individual characteristics and if possible the price of property. All goods to be seized shall be demonstrated to the witnesses and the taxpayer (his representatives).

A taxpayer shall be warned by a tax authority about his responsibility under the legislation of the Republic of Azerbaijan for the violation of limitations established in Article 89.2 and 89.11 hereof with respect to his registered property.

89.11. Deals on seized property made by the taxpayer through violation of procedures established by this article shall be deemed as invalid.

89.12. The decision on seizure of property shall lose its force from the moment of its cancellation in established order or execution of tax liability.

89.13. Distraint of excisable goods, not marked with excise stamps or marked with forged excise stamps, shall be implemented as follows:

89.13.1. Distraint of excisable goods not marked with excise stamps, or marked with forged excise stamps, as well as goods not marked with a mandatory stamp or marked with a forged stamp, is a limitation of the rights of the taxpayer on these goods, under which the taxpayer does not hold the rights on ownership, use, disposition of the attached excisable goods, not marked with excise stamps or marked with forged excise stamps, as well as goods not marked with a mandatory stamp or marked with forged stamp.

89.13.2. In the event of reveal of storage or sale of excise products not marked with excise labels or marked with forged excise labels, as well as goods not marked with mandatory stamps or marked with forged stamps (potable alcohol, beer, all types of alcoholic beverages and tobacco products), the total quantity, quantity of excise goods, not marked with excise marks or marked with forged excise marks, as well as goods not marked with mandatory stamps or marked with forged stamps (potable alcohol, beer, all types of alcoholic beverages and tobacco products), shall be documented with act of relevant form, approved by the relevant executive authority, indicating the requisites of legal entities and individual, engaged in entrepreneur activities, as well as their authorized representatives, act shall be verified by signatures of representatives of tax authority, as well as responsible authority of the facility and witnesses. The taxpayer or his authorized representative may record their comments in the act, refuse to sign the act with relevant notes made in this act.

89.13.3. The list of excise goods, not marked with excise labels or marked with forged excise labels, as well as goods not marked with mandatory stamps or marked with forged stamps (potable alcohol, beer, all types of alcohol beverages and tobacco products), in accordance with relevant form approved by the relevant executive authority. The list contains the information on name, distinguishing properties, origin, purchasing and sell prices of these goods, name of the tax authority, first, middle and last names of authorized officers, performing the listing, data and location of listing, data on the taxpayer or his representative, information on observers and invited experts.

89.13.4. Origin, purchasing and sell prices of excise goods, not marked with excise labels or marked by forged excise labels, as well as goods not marked with mandatory stamps or marked with forged stamps (potable alcohol, beer, all types of alcoholic beverages and tobacco products) are determined by the primary documents or explanatory note received from the management (or in his absence-from seller).

89.13.5. On state official, involved in administrative violations, stipulated by the Code of the Republic of Azerbaijan on Administrative Violations, protocol shall be made in accordance with specified Code.

89.13.6. Copies of drafted act and distraint list shall be passed to official.

89.13.7. Representative of tax authority, implementing the listing of excise goods, not marked with excise labels or marked with forged excise labels, is not authorized to prohibit the taxpayer or his representative to participate in listing the products.

89.13.8. Representative of tax authority, implementing the listing of excise goods, not marked with excise labels or marked with forged excise labels, within the listing process of these goods shall explain to the taxpayer or his representative their rights and responsibilities.

89.14. The leaving of listed products at taxpayer's responsible storage shall be implemented as follows:

89.14.1. Listed products are left for responsible storage of the taxpayer or in the event of his consent at locations, determined by authorized officials of the tax authority.

89.14.2. Deals made by the taxpayer with violation of these rules shall not be deemed valid in accordance with procedures, stipulated under legislation.

89.14.3. In the event of refusal of the taxpayer to accept the products for responsible storage or in the event of absence of appropriate conditions for the taxpayer for storage of products, actions performed with participation of authorized representative (representatives) of the tax authority, taxpayer (or his representative), two observers and authorized representative of the facility, shall be made by protocol, goods are packaged at the same location, locked and withdrawn from the facility for responsible storage by other taxpayer or authorized offices, designated by the tax authority.

89.14.4. The protocol on withdraw of goods from the facility shall include the following:

89.14.4.1. position, surname, name and patronymic of the person, who made the protocol;

89.14.4.2. date and place of protocol;

89.14.4.3. information on person from whom products are withdrawn;

89.14.4.4. information on observers participating during the development of protocol;

89.14.4.5. information on distraint and quantity of withdrawn products.

89.14.5. Protocol on withdrawal of products is signed by tax authority officers, as well as the taxpayer (or his representative), responsible person of the facility and observers. In the event if the taxpayer or his representative refuse to sign the protocol, relevant notes shall be made in this protocol.

89.14.6. Before the review of the case on administrative violation confiscated products are handed for responsible storage by the other taxpayer or authorized representative designated by the tax authority.

89.14.7. During handover of confiscated products for responsible storage and by the taxpayer, he shall be warned on liability in accordance with procedures stipulated under the legislation for allowance of their loss, use, replacement or hiding.

89.14.8. The prepared acts and protocols shall be considered in accordance with this Code.

89.15. Distraint of state property, privatization of which is prohibited by the legislation of the Republic of Azerbaijan, as well as the property of the taxpayers, privatization of which is conducted with resolution of the executive authority, but the decision on privatization of which is not taken or privatization is not completed, shall be conducted based on the permit of the relevant executive authority.

The tax authority, within 15 days from the date of issuance of the resolution on collection by banks and other credit organization to the state budget of debts, interests an applied financial sanctions on taxes, shall officially apply to the relevant executive authority with the purpose of notification of consent for distraint of property specified in this Article. In the event of issuance of permit for distraint of property within one month, the distrain is performed by the tax authority in accordance with procedures stipulated under this Code.

89.16. During the distraint, the taxpayer funds shall be paid to relevant state deposit account no later than within one business day from the date of listing. Tax authority submits to taxpayer the copy of the document verifying the payment of funds to deposit. In listing of jewels, made of gold, silver and pearl, those shall be packaged, sealed and submitted for responsible storage of the taxpayer (or legal and/or authorized representative) or other party defined by the tax authority. 

Article 90. Procedure on tax exemption by taxpayer's property

90.1. If the taxpayer fails to fulfill his tax obligations within 30 days upon the seizure of property, the tax authority in order to ensure the payment of taxes, interests and arrears on financial sanctions to the state budget may appeal to the court for taking the decision on selling the seized property in necessary quantities on the special auction.

If working life of the seized property expires before the expiration of the period, specified in the present article, the tax authority will be entitled to apply to court.

90.2. The court shall review the application of the tax authority, indicated in article 90.1 of this Code in accordance with procedure of the Civil Code of the Republic of Azerbaijan.

90.3. Calculation of interest on the debt satisfied by a court judgment after the entering into effect of the court judgment on the sale of the registered property of a taxpayer in a specialized open auction (hereinafter «the Auction») by a specialized organization (hereinafter «the Auction organizer») established at the commodity exchange shall be stopped and executive officer ensures the payment of tax arrears to the state budget subject to the provisions of Article 90.4 of this Code.

The distrained property of the taxpayer may be sold by an electronic auction on the basis of the application of the executive officer. Rules of organization and holding of an electronic auction shall be approved by appropriate executive authority.

The relevant executive authority not later than on the 20th day of the month following the end of each quarter, shall submit to the relevant executive authority the information in electronic form on the funds received from the sale of the distrained property of the taxpayer, as well as on the applications filed by the executive officer for the sale of distrained property at auction (including electronic auction) or in retail chains (including retail chains that sell in electronic form) in the form established by the relevant executive authority.

The relevant executive authority provides quarterly data on revenue received from the sale of distrained taxpayer's property at the auction to the relevant body of executive power.

Registered property of a taxpayer with the purpose of selling at an auction shall be evaluated by an appraiser in accordance with the Law of the Republic of Azerbaijan «On Valuation activity», with the exception of cases when controlled prices according to the legislation are applied

An appraiser shall be invited by executive officer in an order established by the legislation within 10 (ten) days from the date of receipt of the writ of execution issued under the court judgments. Services of the appraiser shall be paid by the taxpayer pursuant to the decision of court.

Such property shall be sold in the following order:

90.3.1. Property sale at auction - the unconditional sale of the inventoried property of the taxpayer on the basis of effective court decision. In this case the buyer, proposing the highest price shall receive the right of ownership on property.

90.3.2. Specialized organization acts as auction organizer. Specialized organization performs the auction on the basis of application of executive officer.

90.3.3. Following documents should be attached to the application of executive officer:

90.3.3.1. a copy of the court decision, entered into force in accordance with the Civil Procedure Code of the Republic of Azerbaijan, on sale of taxpayer's property at auction;

90.3.3.2. a copy of execution documents on start of execution, issued in accordance with court's decision;

90.3.3.2-1. photo of property, information about the address of its location;

90.3.3.3. information on starting sale price of the property;

90.3.3.4. number of bank account, to which funds from sales of property shall be transferred;

90.3.3.5. copy of the Act made by the executive officer on arrest of property;

90.3.3.6. during sells of real estate, copy of documents on this property required in accordance with legislation;

90.3.3.7. in the event of sells of separate structure - copies of documents, verifying the right to use the land site or right of ownership of this land site, at which the structure is located;

90.3.3.8. in the event of sell of long term lease- copy of the agreement and copy of the document verifying the state registration of this agreement in cases, stipulated under the legislation;

90.3.3.9. in the event of sell of rights on facility with incomplete construction - additionally, copy of the document, confirming the right of ownership, lease or use of the land plot, and construction permit.

If the expiry period of the inventoried property is less than 60 days upon the effective date of the court decision or if it is a food product, the executive officer shall submit the document to the auction organizer within 3 days.

90.3.4. Upon receiving of documents stipulated in Article 90.3.3 of this Code, the auction organizer no later than within 20 days, and for the fast expiry date and sell of foodstuff property, as well as food and non-food products being under risk of spoilage no later than 5 days before the auction date shall publish announcement on auctioned property in mass media, including websites and social networks.

90.3.5. The announcement shall contain the following information:

90.3.5.1. the list, photo of property being sold by each lot, location;

90.3.5.2. the start sell price of each property in accordance with the list;

90.3.5.3. day, deadline and place of acceptance of applications and other documents for participation in the auction;

90.3.5.4. information on property owner;

90.3.5.5. amount of down payment, calculated at 5 percent of starting sale price of real estate, at the volume of 10 percent of the starting sell price of movable property,and bank account to which the payment shall be made;

90.3.5.6. bank accounts to which payments for property sales shall be transferred, and amount of funds which will be transferred to these accounts;

90.3.5.7. date, time and place of auction, contact telephone number;

90.3.5.8. name of the auction organizer, address, contact telephone and other requisites.

90.3.6. From the moment of publication of information, persons, who obtained the right to participate in auction in accordance with legislation, shall be allowed to check the property taken on auction.

Upon the check of the property, persons allowed to the auction within 5 days before the auction shall submit to the auction organizer in writing their final decision on whether to participate in the auction.

90.3.7. In the auction can participate the persons, applied to participate, who prepared the documents required within the required timeframe indicated in the announcement, as well as persons who provided the prove of down payment transfer to the bank account shown in the announcement.

90.3.8. Application for participation in the auction, signed by person or his authorized representative (additionally verified by the seal of legal entity), in accordance with sample established by the customer shall be submitted to the auction organizer with following documents attached to the application:

90.3.8.1. document verifying the transfer of down payment to the bank account indicated in the announcement;

90.3.8.2. for individuals - notarized copy of the identification document;

90.3.8.3. for legal entities and (or) individual entrepreneurs- notary approved copy of certificate of taxpayer registration.

90.3.9. Persons are not allowed to the auction if following circumstances are established by the auction organizer:

90.3.9.1. re-organization, liquidation or bankruptcy of legal entities;

90.3.9.2. inaccuracy of information submitted by the person;

90.3.9.3. documents are submitted upon the expiry of the application period;

90.3.9.4. the application is submitted by the person without relevant authority;

90.3.9.5. not all documents indicated in the list are submitted, or submitted documents have not been prepared in complying order.

90.3.10. Auction organizer refuses to accept the documents with indication of causes. Documents of persons, application and documents of which have not been accepted, with written indication of causes of refusal shall be returned within the following business day.

90.3.11. Persons submit to the auction organizer the application to participate in auction and attached documents, as well as 2 copies of the list of submitted documentation.

Each application and attached documents shall be registered by the auction organizer in dedicated log maintained in sequential manner with indicated date and time of application.

Auction organizer returns to the applicant one copy of the list of submitted documents with indication of the date and time of application submission, as well as number in registration log.

90.3.12. Auction participants are provided with the ticket indicating their number in the auction.

90.3.13. The person shall be entitled to re-call its application before the end of application acceptance period. For this he shall apply to the auction organizer in writing.

In the application acceptant log relevant notes are made to indicate the re-call of the application for participation in the auction.

In accordance with provisions of auction, persons, who re-called their applications at auction, shall be reimbursed for the down payment.

90.3.14. The decision of the auction organizer to allow in auction the persons, applied to participate in the auction, shall be documented by the protocol. In this protocol shall be indicated the surnames of persons, application of which have been accepted or rejected. Motivations of rejections of applications shall be notified to persons in writing.

Relevant persons gain the status of auction participant upon the signing of protocol on acceptance of applications.

90.3.15. Auction organizer shall take all necessary measures for appropriate filing of all submitted applications and attached documents.

90.3.16. The Customer within 10 days of the date of submission of executive document for implementation shall form the auction commission (hereinafter referred to as commission) with 5 members and approves its work procedures.

90.3.17. The commission membership shall include the auction customer, auction organizer, one of each representative of relevant executive authorities. The Chairman of the commission shall be the Customer.

90.3.18. The Commission shall have the quorum if two-thirds of its membership is present during the meetings. The decisions of the commission are made on the basis of majority votes. Each member of the Commission shall have one vote. In equal distribution of votes the vote of the chairman shall be decisive.

90.3.19. Auction organizer:

90.3.19.1. provides the organization and conduct of auction;

90.3.19.2. verifies the fact of implemented or not implemented sale;

90.3.19.3. suspends the auction, in the event of arising of disputes during the auction, until the dispute resolution. If dispute can not be resolved, declares the auction abortive;

90.3.19.4. makes the protocol on results of auction and submits to the customer for approval;

90.3.20. Auction is held in following order:

90.3.20.1. Starting price is announced for the property being sold. During the announcement of starting price or sale price increased upon raise, persons, participating in the auction raise their tickets expressing the agreement to purchase the property at the announced price;

90.3.20.2. The auction principal repeats every new announced price three times. If the number of auction participants, who agree to purchase the property at announced sale price is two or more, these price is escalated by customers by raise. If only one customer agrees to purchase the property at the announced sale prices, such customer is considered the winner of auction. In this the auction principal informs on sell of property, its sell prices and winner's ticket number.

90.3.20.3. If after 3 time announcement of starting sale price or reduced price on following auction on property non of the participants does not raise the ticket, auction is considered abortive

90.3.20.4. if the first auction was not held or not held separate sale of the property on the inventory, then 10 days before the next auction in the mass media, including on websites and social networks shall be published announcement of the auction referred to in Article 90.3.5. At the second auction the price can be reduced by 20 percent of the original selling price of the property, not sold at the first auction or unsold by separate parts along the inventory, and on the third auction the price can be reduced by 40 percent;

90.3.20.5.in addition to that the period between the second and next auctions shall not exceed 10 days, and in the event of expiry (or expiry within this period) the timeframe between the auctions shall not exceed 3 days;

90.3.20.6. it is prohibited to submit to the auction the foodstuffs with expired period. If such property in accordance with legislation is suitable for animal forage, it shall be re-evaluated within 5 days and sold in accordance with procedures stipulated under legislation;

90.3.20.7. Upon the end of auction the auction organizer shall made the protocol on results of auction in two original copies and in accordance with legislation the sale and purchasing agreement is signed between the commission chairman, customer and buyer;

90.3.20.8. protocol is signed by the winner or his representative, chairman and members of the commission in two copies. The protocol contains brief information on customer and winner, list of sold property and sale price, bank account to which the sale price will be paid, receiving of down payment made by the winner of auction within its obligations under the signed protocol, as well as other rights and responsibilities of parties. One copy of the protocol shall be given to the winner. Auction winner and auction organizer shall sign the protocol at the completion day of auction. Signed protocol shall be submitted to the seller no later than within 3 days. The sale and purchasing contract indicated the name of facility (listing), price of its purchasing, customer and winner information as well as other data in accordance with legislation. The Contract shall be signed within 5 days from the signing date of protocol.

90.3.20.9. if the winner denies to sign the protocol made in accordance with legislation, the down payment is not refundable. The Customer denying to sign the protocol, shall return to winner the double amount og down payment, as well as compensate the losses incurred as a result of participation in auction. The size of loss is determined by the agreement between the customer and winner. If parties could not reach the agreement, amount of loss in determined by the court on the basis of application by one of the parties;

90.3.20.10. if auction has not taken place the down payment is not returned. The down payment of parties participating in the auction but not winning shall be returned within 5 banking days;

90.3.20.11. if auction has not taken place the auction organizer shall prepare a protocol.

90.3.21. Information on results of auction within 15 calendar days from the date of auction shall be published in mass media, where the organizer has announced the holding of auction.

90.3.22. No later than within five banking days from the moment of agreement between the winner of auction and customer, funds to be paid by the auction winner shall be transferred to the bank account indicated by the seller. The auction organizer shall submit to the customer the documents that verify costs associated with implementation of auction.

90.3.23. Upon the submission of payment document (documents), verifying the complete payment of the value of property (or certain lot) the right of ownership on property (lot) is transferred to the winner of auction.

90.3.24. Officials of of justice authorities, including executive officers , tax authorities and auction organizer are not entitled to participate directly or indirectly in the role of buyers during sales of listed property at open auction.

90.3-1. In cases and in order stipulated by the Law of the Republic of Azerbaijan «On execution», distrained property of the taxpayer may be sold in distribution networks, specified by the execution office (including commercial networks who sell in electronic form).

90.3-2. Organizer of the auction shall have the official internet site, where the announcement of the auction, as well as information about the property to be auctioned, should be published in details.

90.3-3. The auction organizer (including the organizer of the electronic auction) not later than on the 20th day of the end of each month shall submit to the respective executive authority the monthly information about the auction, held or not held auctions, as well as on the funds, received from the sale of distrained property, in the form established by the relevant executive authority.

90.3-4. Retail chains (including retail chains realizing sale in electronic form) not later than on the 20th day of the end of each month shall submit to the respective executive authority the monthly information about the property for sale, sold property or returned due to the impossibility of its sale, as well as about the funds received from the sale of the distrained property, in the form established by the relevant executive authority.

90.4. Amounts received from selling of property shall be directed first to compensate the costs on application of measures for collection and sale of property and then for payment of debts to the state budget, incurred on taxes, interests and financial sanctions. The remaining part of assets, if not any new taxpayer debts have been formed, shall be returned to the taxpayer within 3 banking days.

If funds obtained from sale of property are not sufficient for payment of debts to state budget on taxes, interest and financial sanctions or property was not sold in auction in accordance with procedures of legislation, the executive officer may confiscate the other property of the taxpayer at the volume of balance of these debts in accordance with provisions of the legislation to ensure the payment of arrears to the state budget.

90.5. Provisions of this article shall be also applied for tax agents.

90.6. The officials and other employees of tax authorities are not allowed to participate as buyers in auctions neither directly nor through their representatives.

On the basis of enquiry of tax authority the auction facilitator in the form, determined by the relevant executive authority, shall submit the information to the tax authority on presentation on auction and sale of the auctioned property of persons

Article 91. Joint Liability for Unpaid Taxes

If a taxpayer's tax liabilities remain unpaid after the seizure of property, a person that purchased a taxpayer's assets in the course of an operation which is not deemed an operation between interrelated persons and was conducted during a three-year period preceding the date that the arrest was implemented, shall be jointly responsible for tax payment in the amount that remains after the deduction of any amounts paid by such person for the purchase of said assets.

Article 92. Responsibility for failure to withhold taxes at the source of payment or their non-transfer to the budget

Legal entities and their respective employees or individuals, that pay income without withholding tax on income (profit) at the source of payment in the cases stipulated by this Code shall bear responsibility, in accordance with the provisions of this Code, for failure to withhold or transfer the taxes to the budget.

Article 93. Writing off bad tax debts

93.1. Bad debts on taxes, interests and financial sanctions shall be written off by the tax authorities in the following cases:

93.1.1. the expiration of the period of fullfilment of tax obligations, stipulated by this Code;

93.1.2. the tax liabilities cease to be effective on the basis provided in this Code;

93.2. In other cases amounts of debts on taxes, interests and financial sanctions recognised as bad debts by the court judgement shall be written off in accordance with existing legislation. 

Article 94. Responsibility to prove

94.0. The responsibility to prove the errors in calculation of taxes in cases stipulated by this Code shall be laid upon:

94.0.1. tax authorities- if error is made by the taxpayer,

94.0.2. taxpayer- if error is made by the tax authority.

Special Section

Chapter VIII. Income tax of individuals

Article 95. Taxpayers

Payers of income tax shall be resident and non-resident individuals.

Article 96. Taxable Base

96.1. The taxable base with respect to the personal income tax of residents shall be the taxable income determined as the difference between their gross income for tax year and expenses (or deductions) stipulated by this Code for this period.

The payment (excluding expenses) for notarial acts, carried out by private notary within one month, as well as for services provided in connection with notarial acts, is subject to taxation.

The taxable base shall be the taxable income if tax is withheld at payment source.

96.2. A non-resident taxpayer engaged in activity in the Republic of Azerbaijan through a permanent establishment should be a payer of income tax with regard to taxable income connected with the permanent establishment.

Taxable income shall be a difference between gross income generated in a specific period from Azerbaijani sources with regard to the permanent establishment and the amount of expenses with respect to the generation of said income during that period.

96.3. Non-resident's gross income not stipulated in Paragraph 96.2 of this Article, but stipulated in article 125 of this Code, shall be subject to taxation at the source of payment without consideration of amounts deducted from income.

96.4. A non-resident individual receiving employment income or income from the transfer of property shall be a payer of income tax with regard to gross income for the calendar year from a source in the Republic of Azerbaijan, reduced by the amount that are attributable to the income for that period, stipulated by this Code.

96.5. If the participating interest of a legal entity in the charter capital or shares are sold at a price that exceeds the proportionate value of the participation share of net assets or shares, then the taxable income is the difference between the actual sale price and the nominal value of the share in the charter capital or shares, and where the participating interest or share sold at a price lower than the proportionate value of the share of the net assets or shares (preferential price), then the difference between the proportionate value of the net assets at the date of conclusion of the sale contract and the nominal value of the share in the charter capital. If participating interests or shares are bought at a price exceeding its nominal price, then expenses deducted when providing these participating interests or shares, are recorded at the actual purchase price of these assets.

Article 97. Income

97.1. Income of a resident shall consist of income generated in and outside the Republic of Azerbaijan.

97.2. Income of a non-resident shall consist of income generated from the sources in the Republic of Azerbaijan.

97.3. Income shall cover:

97.3.1. income received as the result of employment;

97.3.2. income from activity which is not related to employment;

97.3.3. all other kinds of income except for tax-exempt income and growth arising from the revaluation of fixed assets (funds).

Article 98. Income received as the result of employment

98.1. Income in the form of salary, any payments or benefits, received from such employment, including those received from the former work-place or future employment is recognised as income received by the individual from employment.

98.2. For the purposes of Article 98.1. of this Code, the amount of income shall be equal to the amount, remained after deduction from the following amounts of any expenses, paid by the employee for such received income:

98.2.1. in the event of loans granted to the individual at the interest rate which is lower than the inter-bank credit market interest rate - the difference between the amount to be paid at the market rate of inter-bank credit trade for such loans, and amount to be paid in accordance with lower rates;

98.2.2. in the event of the sale of goods, works, services or gratuitous transfer thereof by an employer to his employee - the fair market value of these goods, works, services;

98.2.3. in the event of reimbursement of expenses to an employee - the amount of reimbursement;

98.2.4. in the event of writing off of the employee's debt or obligation to his employer - the amount of such debt or obligation;

98.2.5. insurance premiums paid by the employer;

98.2.6. in any other case - unless otherwise stipulated in instructions, the market value of a benefit pursuant to Article 14 of this Code;

98.2.7. if the accountable funds issued by the employer to the employee (accountable person) are not returned in the manner established by the body (structure), determined by the relevant executive authority, then the amount of these funds.

98.3. Reimbursement of actual travel allowances, and also daily allowances paid to the members of deck crew instead of travel allowances at sea transport, fixed by the respective executive power body or other expenses, shall not be included in income.

98.4. The amounts and costs stipulated in Article 98.2 of this Code shall include excise, value added tax and any other tax which is subject to payment by employer in relation to the Contract value.

98.5. The income received by employer as the result of costs stipulated in article 109.3 of this Code shall not be a taxable income. 

Article 99. Income from activity that is not connected with employment

99.1. Income from activity that is not connected with employment shall consist of incomes from entrepreneurial and non-entrepreneurial activity:

99.2. Income from entrepreneurial activity, including:

99.2.1. income from the realization of assets used for the purposes of entrepreneurial activity;

99.2.2. income received due to the restriction of entrepreneurial activity or agreement to its closing;

99.2.3. amounts that are received from the realization of fixed assets and which are included in income pursuant to Article 114.7. of this Code;

99.2.4. expenses reimbursed, deducted from income according to Article 141 of this Code or from decrease of resources;

99.3. Income from non-entrepreneurial activity, including:

99.3.1. interest income;

99.3.2. dividends;

99.3.3. income from the lease of property;

99.3.4. royalty;

99.3.5. amount of taxpayer's written-off debt, except those included in article 98.2.4. of this Code;

99.3.6. gains received from the sale of assets not used for entrepreneurial activity;

99.3.7. amount of presents and heritage received in calendar year, with exception of those specified in article 98.2.2. of this Code;

99.3.8. any other income that indicates the increase of the net price of taxpayer's assets (in the event of submission or calculation of amortization for the taxation purposes) - other than salaries and wages;

99.3.9. difference between insurance premiums paid for life insurance and insurance payments;

99.3.10. payment for notarial acts carried out by private notary, as well as for services provided in connection with notarial acts;

99.3.11. remuneration received by persons, engaged in advocacy, for services rendered in connection with this activity;

99.3.12. winnings, received from betting games, conducted in connection with sports games. 

Article 100. Adjustment of income

Dividends, interests, rents, royalties, revenues from provision of real estate and winnings from betting games, conducted in connection with sports games, received by an individual, taxed at the payment source in the Republic of Azerbaijan in accordance with Articles 122, 123, 124 , 150.1.9 and 150.1.10 of this Code shall be deducted from the total income. 

Article 101. Income tax rates

101.1 Taking into account the provisions of Article 101.1-1 of this Code, the tax on the monthly income of individuals employed shall be calculated in accordance with the table below:

Table 1

Amount of monthly taxable income

Amount of tax

up to 2500 manats

14 percent

over 2500 manats

350 manats + 25% of the amount exceeding 2500 manats

Income tax from the incomes of individuals, working under contracts in two or more places, shall be calculated separately from the amount paid by each employer, and paid to the state budget.

Income tax of individuals, subject to withholding tax in accordance with Articles 150.1.1, 150.1.2, 150.1.3 and 150.1.7 of this Code shall be calculated in accordance with Table 1, stipulated under this Article and paid to the state budget.

101.1-1. The tax on the monthly income from employment of individuals working for taxpayers operating in the non-oil-and-gas industry and in the non-public sector is withheld starting from January 1, 2019 for 7 years in accordance with the following table:

Table 2

Amount of monthly taxable income

Amount of tax

up to 8000 manats

0 percent

over 8000 manats

14% of the amount exceeding 8000 manats

101.1-2. Income tax of individuals working in two or more places for hire is calculated and paid to the state budget separately from the amount paid at each workplace.

101.1-3. Tax on taxable income of individuals at the source of payment in accordance with Articles 150.1.1 and 150.1.2 of this Code shall be calculated at the rates provided for by Articles 101.1 and 101.1-1 of this Code and shall be paid to the appropriate authorities. When applying Articles 150.1.3 and 150.1.7 of this Code, the income tax shall be calculated by using the income tax rate provided for in Article 101.1 of this Code to the income of the person receiving the pension and providing the service, respectively.

101.1-4. For the purposes of this Code, the criteria of activities in the oil and gas industry and the non-public sector are determined by the body (structure) defined by the relevant executive body.

101.2. The annual income from non-business activity shall be taxed a 14 percent rate.

101.3. Taxable income of individuals engaged in business activities without establishing a legal entity is taxed at a rate of 20 percent.

101.4. From the subject of taxation established in respect of private notaries by the second paragraph of Article 96.1 of this Code, tax is withheld at a rate of 10 percent.

101.5. The tax at the rate of 10 percent shall be withheld from the sum, remaining after deduction of cash (cash investments), paid in connection with the participation, from the winnings (awards), received in the form of money from the betting games, conducted in connection with sports games, lotteries, as well as from other events and competitions (except for cash received from betting, contests and competitions organized outside the Republic of Azerbaijan).

101.6. Individuals who are not registered with the tax authority as taxpayers are taxed at a 2% rate without deducting expenses from income derived from the provision of goods referred to in Article 3.5 of the Law of the Republic of Azerbaijan "On Cashless Payments" (except for income exempted from taxes by this Code). 

Article 102. Exemptions and privileges on income tax

102.1. The following income of individuals shall not be subject to income tax:

102.1.1. wages obtained abroad by employees of diplomatic services, assigned to work in foreign states within rotation program, persons exercising administrative and technical maintenance of the diplomatic service, trade representatives in embassies and consulates of the Republic of Azerbaijan, operating in foreign countries, and employees of their bodies, and military personnel, engaged in the protection of diplomatic missions and consulates of the Republic of Azerbaijan, which operate in foreign countries and international organizations and need protection, income from official employment, received by employees of diplomatic and consular services, which are not the citizens of Azerbaijan;

102.1.2. income from the work-place of a person who is not a resident of the Republic of Azerbaijan - if this income is paid by an employer or in the name of an employer who is not a resident of the Republic of Azerbaijan and is not paid by a permanent establishment of a non-resident;

102.1.3. income received as gift, moneyed assistance, lump-sum grant and inheritance in calendar year:

102.1.3.1. part of the value of gifts, financial assistance, lump-sum grant for the payment of education and medical treatment fees amounting to up to 1000 manats, part of the value of the moneyed assistance, lump-sum grant for the payment of medical treatment abroad amounting up to 2000 manats, part of the value of succession amounting up to 20000 manats.

Persons, who received payments for education or medical treatment services, such privilege is provided only in cases, when they submit relevant documents, verifying the payments of these amounts as appropriate;

102.1.3.2. in the event that a gift or inheritance is received from family members of the taxpayer- the entire value of such gift;

102.1.4. except for temporary disability allowances (earning capacity), government allowances, irreplaceable government transfers, government pensions, government living allowances, in case of termination of labor contract due to reduction of the number of employees and staff, allowances paid to employees in accordance with Labor Code of the Republic of Azerbaijan, as well as one-time individual payments or moneyed assistances from the resources of the State Budget based on the Laws of the Republic of Azerbaijan and decisions of the appropriate government authorities.

102.1.5. alimony;

102.1.6. if monthly income, gained in connection with a paid job at the main workplace (where the labor record is maintained) of an individual is up to 2500 manats, then the part in the amount 200 manats, if annual income is up to 30000 manats, then in the amount of 2400 manats.

102.1.7. income from the realization of movable tangible assets, except for precious stones and metals, precious stone and metal products, fine art works, antique items as well as property which is used in the entrepreneurial activity of a taxpayer.

102.1.8. funds paid by money or in kind in the event of insurance case for compensation of damage to the life of an insured and beneficiary, as well as damages to his property and property interests, and also all types of mandatory insurance and voluntary medical insurance premiums paid by employer, insurance premiums paid by employer to insurers of the Republic of Azerbaijan on accumulative life insurance and pension insurance under contract concluded for not less than 3 years, from the part not exceeding 50 percent of the taxable income of the insured, any amounts paid to the insured and beneficiary after 3 years term from the moment of entering the accumulative life insurance and pension insurance contract into effect.

102.1.9. income from the realization of immovable property which was the place of residence of a taxpayer for not less than 3 years;

102.1.10. compensation payments related to the compensation of losses caused;

102.1.11. income received directly from production of agricultural products;

102.1.12. income of individuals from craft production of copper, tin and pottery products, house appliances, gardening instruments, national music instruments, toys, souvenirs, house appliances made of reeds and cane, involved in embroidery and production of house appliances from wood;

102.1.13. the amount of wins received from lotteries officially registered with the financial market supervisory authority, as well as obligations of the internal state winning bonds;

102.1.14. Compensation payment to individuals:

102.1.14.1. the amount of additional payments stipulated under the legislation, as well as daily traveling expense payments to the crews of marine transport, established by the relevant executive authority instead of daily traveling expenses to the workers, which are always on road during business hours, or their work at field site and field organizations;

102.1.14.2. amounts of travelling expenses established by the decision of the relevant executive power;

102.1.14.3. lump sump amounts paid during the termination of the labor contract as a result of downsizing of staff, or death of employee;

102.1.14.4. amounts of expenditure, paid in accordance with procedures approved by the legislation at the expense of the employer for medical examination of employees involved in difficult, health deteriorating and hazardous areas;

102.1.14.5. the amount of free of charge treatment milk and other equivalent products provided to employees, engaged in areas with health deteriorating, heavy work conditions and underground work, as well as the value of special cloth, shoes and other personal protection equipment, issued to the employees within required time and required assortment;

102.1.14.6. amounts of scholarships paid at the expense of enterprises and organization to students, doctoral candidates and masters, directed to receive the education out of work;

102.1.14.7. indexation sums of not received or deposited wages;

102.1.14.8. lump sump aid provided on the basis of decisions of relevant executive authorities, as well as foreign states and other organizations due to natural disasters and other emergency circumstances;

102.1.14.9. amounts of compensation paid to donors for the blood;

102.1.14.10. payment for the diving job;

102.1.14.11. allowance for burial;

102.1.14.12. amounts of lump sump financial aid, provided by relevant executive authorities;

102.1.14.13. financial aid, paid by public entities, charity societies and funds;

102.1.14.14. unemployed benefits;

102.1.14.15. all types of payments to military servicemen, prosecutor office employees and military servicemen who are not employees of the prosecutor's office, employees of law-enforcement agencies and special courier services, having special ranking (with exception of official payments and for military (special) rankings), as well as all types of wages, remuneration and other financial payments to persons cooperating with investigation authorities, intelligence and counter-intelligence services;

102.1.14.16. additional amount paid to some category of military servants for their special service conditions;

102.1.14.16. Amount of allowance paid by the employer in accordance with legislation of due to call of the employee for military and alternative service;

102.1.14.18. additional amounts paid to cadets;

102.1.14.19. payment for parachute jump;

102.1.14.20. lump sump payment for continuous long-term service on navy ships and navy detachment agencies;

102.1.14.21. lump sump payment for continuous service in airborne troops;

102.1.14.22. lump sump payment to graduates of military facilities;

102.1.14.23. lump sump payment to navy servicemen;

102.1.14.24. payments to persons at military ship;

102.1.14.25. lump sump payment for provision of high military readiness and excellent discipline of troops;

102.1.14.26. payment allowance to military with service for fixed period instead of tobacco products;

102.1.14.27. lumps payment to ensigns, warrant officers and military officers serving above fixed period for establishment of initial conditions for the families;

102.1.14.28. transportation costs compensated to military for travels during the services;

102.1.14.29. funds for field (steppe) services;

102.1.14.30. compensation to military for leased accommodation;

102.1.14.31. monetary compensation issued to military instead of food;

102.1.14.32. monetary compensation issued to military for tailoring of uniform.

102.1.15. the complete value of prizes received as goods on competitions and tournaments. The value of monetary prizes received on international competitions and tournaments - up to 4000 manats, and for those received in in-country competitions and tournaments- up to 200 manats.

102.1.16. lump sum, paid as a result of voluntary retirement of the state employee reaching pensionable age;

102.1.17. monthly allowance to official salary of the deputies of Milli Majlis and judges of the Republic of Azerbaijan for compensation of costs related with implementation of delegated authorities and monthly allowance to official salaries of the officials of executive power authorities of the Republic of Azerbaijan, appointed to positions by the decisions of relevant executive authority, as well as other state authorities (agencies), the Central Bank of the Republic of Azerbaijan, legal entities of public law, established by the body (structure), determined by the relevant executive authority for compensation of representation costs, related with implementation of their duties;

102.1.18. compensation payable to individuals under the Law of the Republic of Azerbaijan "On land acquisition for state needs";

102.1.19. winnings, received from sports betting games conducted in the manner specified in Article 53-1 of the Law of the Republic of Azerbaijan "On Physical Culture and Sport".

102.1.20. amount of pension, allowances and other payments to the former President of the Republic of Azerbaijan and the members of his family;

102.1.21. income (other than income tax withheld from wages), obtained from the activity in the industrial or technological parks by individuals involved in entrepreneurial activities without forming a legal entity, being a residents established in accordance with the decision of the relevant executive authority of industrial and technological parks - within 7 years from the reporting year of registration in the industrial and technological park, in accordance with the law;

102.1.22. annual interest income, paid by the local bank or the branch office of a foreign bank, operating in the Republic of Azerbaijan, under deposits of individuals as well as dividends, discounts (difference as the result of the bonds placement at a price below the nominal value), paid by the issuer under the securities and interest income - within 7 (seven) years since February 1, 2016;

102.1.22-1. Dividend incomes of individuals who are founders (shareholders) or shareholders of a resident company which keeps records income and expenses in the manner prescribed by this Code, not registered for VAT purposes and the volume of operations of which is below 200,000 manats in any month(s) of a consecutive twelve-month period;

102.1.23. 50% of the income of the private entrepreneur, received the investment promotion certificate, from the receipt of this document - 7-year period;

102.1.24. The amount of income tax payable to the budget by an individual entrepreneur operating in the field of trade and (or) public catering for the sale of goods by way of retail trade, starting from January 1, 2019, shall be reduced by 25 percent of the tax established in accordance with the proportion of the total income of payments made by non-cash through the POS-terminal, established by the Law of the Azerbaijan Republic "On Protection of Consumer Rights", for a period of 3 years.

In determining the right to receive such benefits, the amount of payments made by persons registered with the tax authority via POS terminal is not taken into consideration;

102.1.25. Revenues from writing off tax debts to the state budget in accordance with the law;

102.1.26. Part of up to 10 manat of prizes received in cash from the lotteries registered with the financial market supervision authority;

102.1.27. 50 percent of the income of the taxpayer from the provision of the share of participation or shares owned for at least 3 (three) years;

102.1.28. Material assistance (support) paid by the body (structure) determined by the relevant executive authority;

102.1.29. Revenues received as a result of repayment by the borrower of debts, in the case of payment of the loan under the guarantee issued by the body (structure) defined by the relevant executive authority, in the manner established by the body (structure) defined by the relevant executive body;

102.1.30. 75 percent of the income from entrepreneurial activities of individual entrepreneurs who are the subject of micro-entrepreneurship;

102.1.31. Revenues from innovation activities of start-ups that are a subject of micro- or small business and function as individual entrepreneurs, from the date of receipt of the "Startup"certificate - for 3 years;

102.1.32. Part of the income received by an individual entrepreneur who is a member of SME cluster for goods (work, services), presented on the basis of an agreement concluded with SME cluster company and aimed at capital expenses - for 7 years.

102.1.33. Incomes of employees of the body (structure), defined by the relevant executive authority, attracted by them to paid public works in accordance with the Law of the Republic of Azerbaijan "On Employment", in connection with this activity;

102.1.34. revenues of non-resident individuals, involved in the selling of goods, performance of works and provision of services in connection with the 2019 UEFA Europa League final held in the Republic of Azerbaijan and 2020 UEFA Football Championship games, as well as income of players and employees of non-resident football clubs in this activity, earned in connection with these games, on the basis of a confirmation document from the authority (structure), established by the relevant executive authority, in the manner prescribed by the relevant executive authority (effective from March 1, 2019 to August 1, 2020).

102.2. The monthly taxable income from any type of employment shall be reduced by the amount of 400 manats for following persons:

102.2.1. National Heroes of the Republic of Azerbaijan;

102.2.2. Heroes of the Soviet Union and Social Labor;

102.2.3. persons awarded with all three degrees of the Honorary Order;

102.2.4. disabled war veteran of disability groups I and II;

102.2.5. widow (widower and children) of war participants who were killed at war or died later;

102.2.6. income of persons who were awarded orders and medals for heroic labor in the home front during the years of 1941-1945.

102.2.7. persons who received the status of war veterans in accordance with legislation;

102.2.8. persons who acquired radiation and radiation sickness or had these diseases as a result of accidents at Chernobyl AES, radiation accidents in civil or military atomic facilities, as well as tests, training or other work related to any kind of nuclear facilities (installations) and nuclear weapons and space technology;

102.3. The monthly taxable income of disabled people of I and II groups (except for veterans of war), persons under age of 18 with limited levels of health from any type employment shall be reduced by the amount of 200 manats.

102.4. The taxable income of the following persons from employment shall be reduced by the amount equal to 100 manats:

102.4.1. parents of war participants who were killed at war or died later, including parents and wives (husbands) of people in state service who died during the performance of their duties. Such privilege shall be granted to the wives (husbands) of these persons, provided that they have not married again;

102.4.2. parents and wives (husbands), including children living together with them, of persons who were killed as a result of the intervention of Soviet troops on January 20, 1990 and during the protection of the integrity of the territory of the Republic of Azerbaijan. Such privilege shall be given to the wives (husbands) of these persons, provided that they have not married again;

102.4.3. military officials involved in the training and test gatherings and military servicemen who were sent to Afghanistan and other countries where war operations were conducted;

102.4.4. any of the parents (according to their own decision), wife (husband), guardian or patron taking care of a child with limited level of health with whom they live together, who need a permanent care and who is an invalid from childhood or belongs to the 1st group of disability;

102.4.5. displaced people and persons of similar status. This privilege in accordance with housing legislation or civil legislation deals is not applicable to persons, residing permanently as a result of obtaining of personal dwelling space.

102.5. The taxable monthly income of a spouse caring for three persons, to include pupils and students under the age of 23, shall be reduced by an amount equivalent to 50 manats of such spouse.

This rule shall be valid for children until the end of the year they reach the age of 18, for students - age of 23, or in the event a of death of children or persons under patronage.

The taxable income of individuals shall be reduced beginning from the year when children are born or when patronage starts.

When the number of persons under patronage lessens (except in the case of death) during a year the deduction of an amount for the support of persons under patronage shall be terminated starting from the month following the month in which the number of such persons lessened.

102.6. The following shall not be persons under patronage:

102.6.1. persons who receive a scholarship, pension and unemployment insurance compensation (other than children);

102.6.2. persons who are on state maintenance (students of technical vocational colleges, children maintained in nurseries and kindergartens);

102.6.3. students of special schools and children maintained at boarding schools for whose maintenance guardians are not charged, as well as children maintained at boarding schools attached to state maintained schools.

102.7. If an individual has several grounds for the right to privilege in accordance with articles 102.2, 102.3 and 102.4 of this Code such person shall be entitled to one of these privileges which is greater in amount.

102.8. During calculation of tax levied from the salary, an individual's right to tax privileges stipulated in this Article shall arise upon the submission of documents determined by the relevant central executive authorities of the Republic of Azerbaijan and shall be exercised at the main workplace (where such individual's labor record is maintained).

Chapter IX. Profit tax from legal entities

Article 103. Taxpayers

103.1. Resident, as well as non-profit organizations receiving income from business activity and non-resident enterprises in the Republic of Azerbaijan shall be payers of profit tax.

103.2. Any foreign person who is not an individual shall be treated as an enterprise for the purposes of this Article, unless it proves that it should be treated as a joint ownership pursuant to Article 137 of this Code.

103.3. Provisions of Articles 103.1 and 103.2 of this Code shall not be applied for the purposes of Article 13.2.39.3. of this Code. (81)

Article 104. Taxable Base

104.1. The profit of a resident-enterprise shall be a taxable base. Profit shall be defined as difference between all income, including income received through its permanent missions outside the Republic of Azerbaijan, dividends, interests, royalties received outside the Republic of Azerbaijan (except for the income that is exempt from tax) and expenses (deductions) stipulated in Chapter X of this Code from the income (except expenses incurred for income exempt from tax).

104.2. A non-resident enterprise operating in the Republic of Azerbaijan through its permanent establishment shall pay tax on its profit, i.e. on gross income generated from Azeri sources in relationship with the permanent establishment less the amount of expenses incurred with respect to such income as outlined in this Code.

104.3. The gross income of a non-resident enterprise not connected with the permanent establishment shall, if so provided in Article 125 of this Code, be taxed at the source of payment without expenses being deducted.

104.4. A non-resident enterprise generating income through the transfer of property not connected with the permanent establishment shall pay tax on said gross income received during a calendar year from an Azerbaijani source. Said tax shall be paid after the deducting the expenses as outlined in this Code and which relate to such income.

104.5. Gain arising from the revaluation of fixed assets (funds) (positive difference arising from the revaluation) is not the object of taxation of income tax.

104.6. If the participating interest of a legal entity in the charter capital or shares are sold at a price that exceeds the proportionate value of the participating share of net assets or shares, then the taxable income is the difference between the actual sale price and the nominal value of the share in the charter capital or shares, and where the participating interest or share sold at a price lower than the proportionate value of the share of the net assets or shares (preferential price), then the difference between the proportionate value of the net assets at the date of conclusion of the sale contract and the nominal value of the share in the charter capital. If participating interests or shares are bought at a price exceeding its nominal price, then expenses deducted when providing these participating interests or shares, are recorded at the actual purchase price of these assets. 

Article 105. Tax Rates

105.1. An enterprise's profit shall be taxed at the rate of 20 percent.

105.2. The gross income (with deduction of VAT and excises) of non-resident, not connected with the activity of his permanent establishments but received from Azerbaijani source shall be taxed at the rates stipulated in Article 125 of this Code. 

Article 106. Exemptions and privileges

106.1. The following shall be exempt from tax:

106.1.1. income of charitable organizations - except for the income from entrepreneurial activity

106.1.2. grants, membership fees and donations received by non-commercial organizations;

106.1.3. income of international, interstate and intergovernmental organizations - except for the income received from the entrepreneurial activity;

106.1.4. income of state power authorities, budget-funded organizations, local governments and legal entities of public law established on behalf of the state and local managing authorities (except for the income from entrepreneurial activity);

106.1.5. income of the Central Bank of the Republic of Azerbaijan, its structures, body (structure) established by the relevant executive authority operating in the field of mortgage lending and issuing guarantees for loans received by entrepreneurs and the State Oil Fund of the Republic of Azerbaijan (with exception of profits made from allocation of its funds, as well as the Fund of Deposit Insurance;

106.1.6. received insurance payments (with exception of amounts of losses connected with each insurance case);

106.1.7. profit of educational institutions, including educational institutions established for training of persons with health disabilities - with exception of part of the profit, allocated for the payment of dividends;

106.1.8. income from writing-off tax debts to the state budget in accordance with legislation of the Republic of Azerbaijan;

106.1.9. value of assets donated free of charge by the decision of a legal entity from its own balance or one of a resident subsidiaries under its full ownership to the balance of another entity in cases stipulated by the relevant executive authority;

106.1.10. value of the fixed assets donated free of charge by the decision of the relevant executive authority from the balance of one legal entity to the balance of another entity;

106.1.11. operations on the provision in any form of fixed assets, movable property and other assets, in accordance with the agreements on exploration, development and production sharing of oil and gas resources, export pipelines and other similar agreements to the party representing the Republic of Azerbaijan in the production sharing agreements;

106.1.12. part of the income of management companies or operators of industrial or technological parks, established in accordance with the decision of the relevant body of executive power, which they intended to build and maintain infrastructure of industrial and technology parks;

106.1.13. income derived from activities in the industrial or technological parks by legal entities, being the residents, established in accordance with the decision of the relevant body of executive power of industrial and technological parks - within 7 years from the reporting year of registration in the industrial or technological park in accordance with the law;

106.1.14. income of legal entities involved in the production of agricultural products (including by industrial method), obtained from this activity - 10-year period beginning from January 1, 2014;

106.1.15. income of preschool educational institutions and orphanages received from this activity - 10-year period beginning from January 1, 2014;

106.1.16. compensation payable to legal entities under the Law of the Republic of Azerbaijan "On land acquisition for municipal needs";

106.1.17. 50% of the profit of the legal entity, received the investment promotion certificate, from the receipt of this document - 7-year period;

106.1.18. with the exception of legal entities, 51% or more percent of stakes (shares) of which are directly or indirectly owned by the state, and public legal entities established on behalf of the state, part of the taxpayer's profit for the reporting year not exceeding 10 percent, transferred to enterprises, institutions and organizations that operate in the field of science, education, health, sports and culture and meet certain criteria, established by the body (structure) defined by the relevant executive authority - for 10 years from 1 January 2019. The provisions of this article shall apply only to expenses incurred on a cashless basis.

106.1.19. 50 percent of the income of the taxpayer from the provision of the participating share or shares owned for at least 3 (three) years;

106.1.20. 75 percent of income from business activities of legal entities that are subject of micro-entrepreneurship;

106.1.21. profit of SME cluster company - for 7 years from the date of inclusion of SME cluster company in the Register of cluster companies;

106.1.22. part of the profit, received by a legal entity that is a member of SME cluster for goods (work, services) provided on the basis of an agreement concluded with SME cluster company and aimed at capital expenditures - for 7 years;

106.1.23. profit from innovation activities of start-ups that are a subject of micro- or small business and function as legal entities, from the date of receipt of the certificate "Startup" - for 3 years;

106.1.24. income of the body (structure) defined by the body by the relevant executive authority from the organization of paid public works in accordance with the Law of the Republic of Azerbaijan "On Employment";

106.1.25. revenues of UEFA, non-resident legal entities created by it, non-resident football clubs (associations), earned in connection with the 2019 UEFA Europa League final held in the Republic of Azerbaijan, on the basis of a confirmation document from the authority (structure), established by the relevant executive authority, in the manner prescribed by the relevant executive authority; (effective from March 1, 2019 to August 1, 2020)

106.1.26. revenues, earned by UEFA, non-resident legal entities created by it and representing it, as well as by non-resident football clubs (associations) in connection with the 2020 UEFA Football Championship games, held in the Republic of Azerbaijan, on the basis of a confirmation document from the body (structure), established by the relevant executive authority, in the manner prescribed by the relevant executive authority. (effective from March 1, 2019 to August 1, 2020)

106.2. Income tax rate for production enterprises owned by public organizations of disabled people, or children with health limitations shall be reduced by 50 percent if not less than 50 percent of employees at such enterprises are disabled people, or persons under age of 18 with health limitations.

When establishing the right for the privilege the average number in the list of employees shall not include disable people or persons under age of 18 with health limitations who work on contract terms at two jobs, as contractors and other agreements civil legislation.

106.3. Enterprises on the territory of the Republic of Azerbaijan shall pay the profit tax at the following tax rate stipulated under Article 105.1 of this Code:

106.3.1. In cities Gandja, Sumgayit, Mingechevir and Ali Bayramli (including districts under the supervision of the above towns) - 80 percent;

106.3.2. In highland regions and Nakhichevan Autonomy Republic - 40 percent;

106.3.3. In other regions (with exception of Baku and Absheron region) - 60 percent.

106.4. Enterprises engaged in activities indicated in this Article should pay the profit tax at the following tax rate stipulated under Article 105.1 of this Code:

106.4.1. on tourist activities - 80 percent;

106.4.2. in activities engaging in craft production of copper, tin and pottery products, house appliances, gardening instruments, national music instruments, toys, souvenirs, house appliances made of reeds and cane, involved in embroidery of ceramics, hand carpet production, and production of house appliances from wood- 40 percent

106.5. Should enterprise be entitled for privileges stipulated under articles 106.2-106.4 of this Code, it shall be provided with one most favorable privilege.

106.6. Privileges stipulated under Articles 106.3 and 106.4 of this Code shall be provided to enterprises only when on territories where privileges are provided the taxpayer implements its activities with own production facilities, property and labor. Should enterprise with privileged activity be involved in any other additional activity it shall control types of activities for which privilege is or is not applied separately. Otherwise, no privilege is applied.

106.7. For persons registered for tax purposes in cities and districts indicated in articles 106.3.1, 106.3.2, 106.3.3 of this Code but engaged in activities in the city of Baku and Apsheron region tax rate shall be applied established for the city of Baku.

106.8. The list of highland regions is made by the relevant executive authority.

106.9. The amount of income tax payable to the budget by a legal entity engaged in goods retail and/or public catering business, starting from January 1, 2019, is reduced by 25 percent of the tax established in accordance with the proportion of the total income of payments made via POS-terminal, established by the Law of the Azerbaijan Republic "On Protection of Consumer Rights", for a period of 3 years.

In determining the right to receive such benefits, the amount of payments made by persons registered with the tax authority via POS terminal is not taken into consideration.

106.10. Dividend income of legal entities that are founders (participating interest holders) or shareholders of a resident company which keeps records of income and expenses in the manner prescribed by this Code, not registered for VAT purposes and has the volume of transactions below 200,000 manats in any month (months) of a consecutive twelve-month period is exempted from tax.

Chapter X. Articles concerning income taxes of natural and profit taxes of legal entities

Article 107. Area of Application

This section shall be applied for the purposes of the income tax and profit tax.

Article 108. Expenses connected with the generation of income

Except for non-deductible expenses determined under this Article, all expenses as well as mandatory payments stipulated under the law connected with obtaining income shall be deducted from such income. 

Article 109. Non-Deductible Expenses

109.1. Expenses incurred on the acquisition and installation of fixed assets as well as other expenses that are characterized as expenses incurred on capital pursuant to Article 143 of this Code shall not be deducted.

109.2. Expenses that are not connected with economic activity shall not be deducted.

109.3. Deductions shall not be allowed with respect to representation or entertainment expenses, as well as expenses connected with food (with exception of costs on preventive health food, milk and equivalent products, as well as costs on food for the offshore crews within norms established by the relevant executive authority) and accommodation.

109.4. If the expenses of a taxpayer whose entrepreneurial activity is of entertainment nature are incurred within the framework of such activity, expenses incurred on entertainment shall be deducted from the income.

109.5. No deductions shall be allowed with respect to the expenses of an individual incurred on personal consumption or receipt of the salary (wages), except for the cost of payment cards obtaining.

109.6. Deductions to reserve funds shall be made from income only in accordance with articles 111 and 112 of this Code.

109.7. No deductions shall be allowed with respect to the actual travel costs exceeding the limit established by relevant authority of the executive power.

109.8. A cash register receipt or check (except for checks and other accountable forms, issued by persons provided for in Articles 16.1.11-6.1 - 16.1.11-6.3 of this Code) shall not be considered to be a document, confirming expenses, incurred in connection with the purchase of the goods (works, services). 

Article 110. Limitation of Interest Deduction

110.1. The actual amount of interest on debts received from abroad, as well as paid to each other by related persons (when using the calculation method - the amount of interest to be paid), is deducted from income in the period to which the interest falls, in the same currency in an amount not exceeding 125 percent of the average level of interest on loans issued for a similar period in interbank credit bargaining or, if the auction was not conducted, on interbank loans published by the Central Bank of the Republic of Azerbaijan.

110.2. For operations on loans received from persons, provided for in Article 14-1.2 of this Code, the provisions of Article 14-1 of this Code shall apply.

110.3. Regardless of other provisions of this article, if loans received abroad (except for loans issued by foreign banks and credit organizations, as well as loans on bonds traded in foreign stock exchanges), exceed the taxpayer's net assets (capital) by more than two times, then it is not allowed to deduct from the income the interest accrued on the part of the loan that exceeds the net asset (capital) more than twice. The provisions of this article do not apply to resident banks and credit organizations. 

Article 111. Deduction of bad and doubtful debts

111.1. A taxpayer shall be entitled to a deduction for doubtful debts connected with goods, work and services that have been realized where income from them was previously included in the gross income received from entrepreneurial activity.

111.2. Doubtful debt deduction shall be allowed only if the debt is written off as worthless in taxpayer's books.

111.3. For tax purposes banks and credit entities engaged in certain types of banking activities shall be entitled dependent from classification of assets in accordance with legislation, to deduct from income amounts assigned in compliance with the procedure established by the financial market supervisory authority, for establishment of special reserve funds in accordance with procedures established by the relevant executive authority. 

Article 112. Deductions for allocations to reserve insurance funds

A legal entity engaged in insurance activity shall be entitled to deduct allocations to reserve insurance funds within the norms established by the legislation of the Republic of Azerbaijan.

Article 113. Deductions for expenditures on research, project-research and experimental-design work

Expenditures on research, project-research and experimental-design work connected with the receipt of gross income (except for the expenditures on the acquisition of fixed assets, their installation and other expenses of a capital nature) shall be deductible.

Article 114. Amortization charges and deductions for depreciated assets

114.1. Amortization charges for fixed assets used in entrepreneurial and non-entrepreneurial economic activity, specified in article 99 of this Code, shall be deductible in accordance with the conditions of this Article.

114.2. Land, arts, buildings, facilities representing rare historical or architectural monuments, as well as other wear-proof assets, determined under this Article shall not be depreciated:

114.2.1. equipment, exhibits, equipment, samples, operational and non-operations models, mock-ups and other visual aids used in cabinets and laboratories of for scientific, educational and practical purposes;

114.2.2. productive livestock (pedigree cows, buffalos, mares, camels, pigs, deer, sheep, goats; pedigree bulls, studs, camels and other similar productive cattle);

114.2.3. exhibits of fauna located in zoos and other similar facilities;

114.2.4. perennial plants;

114.2.5. library funds, film funds (vide, audio, photo), stage requisites, museum exhibits;

114.2.6. completely depreciated main assets if suitable for operation;

114.2.7. main assets undergone conservation;

114.2.8. motor roads of general use;

114.2.9. public park equipment;

114.2.10. main assets at stores, not issued for operations.

114.3. Annual amortization rates as per depreciated assets shall be classified as follows:

114.3.1. Buildings, facilities and installations, structures - up to 7%;

114.3.2. Machinery and equipment - up to 20%;

114.3.2-1. Computing machinery, which is the product of high technology - up to 25 per cent;

114.3.3. Transport means - up to 25%;

114.3.4. Draft animals - up to 20%;

114.3.5. Costs on geological exploration and preparation work for production of natural resources - up to 25%;

114.3.6. non-tangible assets - for those with undetermined period of use- up to 10 percent, for those with determined period of use- at years on amounts pro-rata to period of use;

114.3.7. Other fixed assets- up to 20%;

114.3.8. for production capital investments, as well as property subject to leasing, actual amount of which is paid in current year (with exception of capital investments of subjects of natural monopolies as well as enterprising subjects engaged in production of commodities, implementation of works, provision of services, pricing for which is regulated by the state), with increase for up to 2 times of annual amortization levels, stipulated under Articles 114.3.1., 114.3.2., 114.3.3. and 114.3.7 of this Code.

Capital construction, reconstruction in the form of new construction of premises - workshops, directly using in the process of production, expansion and technical renovation of operating plants, and also purchase of units, equipment, intraproduction transport means and fixed assets, their other facilities (or parts) are considered as capital investments.

Regulations, specified in the article 114.3.8 of this Code are not applied to:

    • · enterprises and organizations, being forbidden to carry out direct production activity according to the legislation;
    • · capital investments at the expense of sponsor`s financial assistance and other gratuitous allowances.

114.3-1. Subjects of micro-entrepreneurship regarding fixed assets used in business activities are entitled to deduct depreciation deductions from income using the coefficient 2 to the depreciation rates established by Article 114.3 of this Code.

114.3-2. Small businesses in respect of fixed assets used in business activities are entitled to deduct depreciation deductions from income using the coefficient 1.5 to the depreciation rates established by Article 114.3 of this Code.

114.4. Amortization charges on each main category is calculated by applying the amortization levels established for fixed assets, related to each category, indicated in Article 114.3. of this Code, to the balance value of the category as for the end of the tax year.

If amortization charges applied are lower than those that are established for the tax year on fixed assets related to any category, the difference created as the result of this can be added to the amounts of amortization deducted from income in future tax years.

114.5. Amortization for buildings and structures (hereinafter - buildings) shall be charged for each building separately.

114.6. For the purposes of calculation of amortization the residual value on main assets (main asset) at the end of tax year shall be the amount established in following order (not less than zero):

    • To add value of main assets (main asset) obtained within current year in accordance with Article 143 of this Code and above limit part of repair costs for previous year established on the basis of Article 115 of this Code to the residual value of main assets (main asset) at the end of previous year (value upon the deduction of amortization amount calculated for subject year), minus residual value of main assets, submitted, liquidated within the tax year or having residual value of less than 500 manats or 5 percent of initial value. Gain arising from the revaluation of fixed assets (funds) (positive difference arising from the revaluation), for the purpose of depreciation calculation is not included in the depreciated cost of fixed assets (funds) at the end of the tax year.

114.7. If the amount obtained from provision of main assets (main asset) exceeds the residual value of these main assets (main asset), the difference shall be included as income.

114.8. If the residual value of main asset at the year-end is less than 500 manats or 5 % of initial value, the amount of residual value shall be deducted from income.

114.9. If amount obtained from provision of main assets (main asset) is less than the residual value of these main assets (main asset), the difference shall be deducted from income.

114.10. Notwithstanding any other provisions of this article, only 40 percent of depreciation of assets, acquired or installed at the expense of funds, allocated to state enterprises at the expense of state budget investment expenditures, calculated in accordance with the annual amortization established by Article 114.3 of the present Code, shall be deducted from the income.

Article 115. Deductions for repair expenses

115.1. The amount of repair expenses deductible each year shall be limited to the balance value as of the previous year-end for each category of fixed assets - 2 percent of remaining value at the end of year of category of main assets, specified in Article 114.3.1 of this Code, 5 percent of main assets at the end of year of assets, shown in Articles 114.3.2 and 114.3.3, 3 percent of the remaining value at the year end of the category of main assets specified in Article 114.3.7, and zero (0) percent on main assets, to which the depreciation is accounted, in accordance with value. In event when the actual amount of repair expenses is less than amount established by this limit than the actual amount of repair expenses shall be deductible from income.

In such case the maximum value of expenses in following tax years shall be increased by the difference between the amount of actual repair costs and amount calculated on established limit.

115.2. Amount, exceeding the limit established under Article 115.1 of this Code shall be assigned for increase of residual value of main assets (main asset) at the end of current tax year.

Costs associated with maintenance of main assets, which are not depreciated, for which the wear (depreciation) is not accounted shall not be deducted from income and their balance value is increased.

115.3. The procedure on deduction from income of costs for the repair of leased fixed assets shall be established in accordance with Articles 115.4 - 115.8 of this Code.

115.4. The amount of costs deducted from incomes for maintenance of leased main assets shall be limited by interest range stipulated under Article 115.1 of this Code from the remaining value at the end of previous year for each category of main assets.

115.5. Terms, provisions of transfer of main assets for leasing, as well as costs for their maintenance shall be agreed between the Lesser and Lessee in the contract made, as stipulated under the legislation.

115.6. If repair work is conducted at the expense of Lesser, or Lessee, during the compensation of leasing payment, provisions of Article 115 of this Code shall not be applied to Lesser.

115.7. If the residual value of each category of main assets by the end of previous year is equal to zero, the actual amount of repair costs shall be assigned to residual value of relevant category of main assets and depreciation is calculated in accordance with provisions of this Code.

115.8. Provisions of this Code shall only limit the amount deducted from income for repair and do not prevent from implementation of repairs at the expense of other sources of taxpayers. 

Article 116. Deduction of insurance payments from income

116.1 Insurance payments that are paid by insured and reinsured parties under insurance agreements shall be deducted, with the exception of insurance payments on property damage insurance to employees' favor, as well as life insurance made by foreign insurers.

116.2. Insurance contributions, calculated from a part not exceeding 50 percent of taxable income and made on the basis of insurance contracts for accumulative life insurance and pension insurance, concluded by the physical entities with the insurers of the Republic of Azerbaijan for a period of not less than 3 years and providing the payment of insurance money after a 3-year period from the date of entry into force of the insurance contract, for tax purposes are deducted by the employer from income obtained in connection with employment of this physical entity.

The insurance contributions paid on accumulative life insurance and pension insurance, to be deducted by the employer from income obtained in connection with employment of this physical entity, shall be deducted only in case of transfer to a bank account of the insurer by the bank.

116.3. In the event of early termination of the insurance contract under article 116.2 of this Code, paid insurance contributions are taxed at the source of payment by the insurer. 

Article 117. Expenses on geological exploration and preparatory work for the production of natural resources

117.1. Expenditures on geological exploration and preparatory work for the production of natural resources shall be deductible from gross income as amortization charges at the rates stipulated in Article 114 of this Code.

117.2. This Article shall apply also to expenditures on intangible assets incurred by the taxpayer in connection with the acquisition of rights to geological surveying and processing or exploitation of natural resources.

Article 118. Deductions of expenses on intangible assets from income

118.1. Intangible assets shall include expenses of legal entities and individuals on intangible objects used for more than one year in economic activity.

118.2. Expenditures on intangible assets shall be deductible from income as amortization charges at the rate stipulated in Article 114 of this Code.

118.3. When costs on purchasing and production of intangible assets are deducted from income during calculation of taxpayer's taxable income, specified costs shall not be related to the value of intangible assets to be amortized.

Article 119. Limitation of deductions from income

119.1. No deduction from the income with respect to the following taxes, interests and financial sanctions and penalties shall be allowed :

119.1.1. profit tax or any other tax calculated on income which has been paid in the territory of the Republic of Azerbaijan or other countries;

119.1.2. interests, financial penalties and administrative fines, calculated in the manner prescribed by this Code and other laws (except for interest, penalties (fines) for civil legal contracts related to the receipt of income, compensation for damages caused due to the delay of performance and other similar penalties).

Article 120. Losses upon the realization of property

Losses arising upon the realization by an individual of property (except for property used for economic activity or property the income upon the realization of which is exempt from tax) shall be compensated from the gains received upon the realization of such property. If the losses cannot be compensated in the year in which they took place, they shall be carried forward for a period of up to three years and compensated from the income received from the gains upon the realization of property.

Article 121. Loss Carry-Forward

121.1. Part of expenses exceeding the profit, which is allowed to exclude from the profits of the enterprise, shall be switched to the next period continuing for up to five years, and shall be compensated at the expense of the profits of these years with no limitation on years.

121.2. With respect to individuals, expenses deductible from gross income generated from the non-entrepreneurial economic activity, which exceed said gross income may not be deducted from salaries and wages, but shall be carried forward for a period of up to three years and shall be covered at the expense of the gross income generated from entrepreneurial economic activity of future periods.

121.3. Losses incurred up to the date when the taxpayer became a payer of the profit (income) tax, as well as the amounts resulting from the application of lower rate of depreciation and repair expenses provided for in Articles 114 and 115 of this Code, and carried forward to the next years are not compensated at the expense of income of the next year, except for cases specified in Article 157.3.3 of this Code. 

Article 122. Withholding of tax from dividends at the source of payment

122.1. Dividends paid by resident enterprises shall be subject to taxation at the source of payment at a rate of 10 percent.

122.2. If dividends are taxed pursuant to Article 122.1 of this Code from natural and legal entities, then the specified income of natural and legal entities shall not be taxed again.

Such income shall not be liable to taxation when paying it repeatedly as dividends.

122.3. Distribution of profit under the agreements on exploration, development and production sharing of oil and gas resources, export pipelines and other similar agreements, as well as transfers of net profit of subsidiaries wholly owned by this legal entity and income of this entity, accumulated in the centralized fund of the legal entity are not taxed.

122.4. The issuance of assets acquired in the course of the Company's operations, including cash (except for issuing loans to the founder or compensation for loans issued) to the founder for purposes that go beyond the goals of business activities, as well as repayment of the founder's own debts to other persons, are considered to be equal to dividend payments for taxation purposes, and herewith by Article 121.1 of this Code are subject to tax withholding at the source of payment. 

Article 123. Withholding of tax on interest at the source of payment

123.1. If the income from interest, paid by a resident or non-resident's permanent representation, or on behalf of such representation, including the interest on the loan to be paid on financial leasing operations, is derived from Azerbaijani source in accordance with Article 13.2.16 of this Code, except for interest, paid on credits (loans), deposits (accounts), to residents - credit organizations or persons, engaged in banking transactions, resident persons, carrying out financial leasing or permanent representations in the Republic of Azerbaijan of non-resident banks or non-resident, carrying out financial leasing, then tax at source of payment will be deducted at the rate of 10 percent, taking into account the benefit provided for in Article 102.1.22 of this Code.

123.2. If the actual owner of interest is an individual, interests from which taxes are levied in accordance with Article 123.1 and 123.4 of this Code, upon their payment to individual shall not be taxed.

123.3. If the actual owner of interest is a taxable resident enterprise or the permanent establishment of non-resident then the specified enterprise or permanent establishment of non-resident receiving the interest in accordance with Article 123.1 of this Code, from which taxes are levied shall reduce the amount of tax paid at the source if documents are provided to confirm the payment of tax at the source of payment.

123.4. Income received as difference between the insurance premiums, paid by the insured or in his favor, and insurance payments for accumulative life insurance, shall be taxed at the rate of 10 percent.

Article 124. Withholding of tax from rent payment and royalty at the source of payment

124.1. If the income from the rent payment of movable and immovable property, income from royalty paid by the resident or permanent establishment of non-resident in the Republic of Azerbaijan or paid on his behalf received in accordance with article 13.2.16. of this Code from Azerbaijani source such income shall be taxed at the source of payment at the rate of 14 percent.

If leasing payment is paid by individual, who is not registered as taxpayer, Lessor in accordance with this Article shall pay the tax at the rate of 14 percent and upon the registration shall submit the declaration in accordance with Articles 33 and 149 of this Code.

124.2 If tax is withheld from individual receiving the leasing payment or royalty, or paid in accordance with Article 124.1 of this Code, the tax is not withheld from such incomes.

124.3. Amounts paid to resident enterprises in the Republic of Azerbaijan and permanent establishments of non-residents shall not be a taxable base under this Article.

124.4. For the purposes of taxation of real estate (other than housing, that is not used for business purposes) in the Republic of Azerbaijan, the sum of the monthly lease payment is established in accordance with Article 14 of this Code, taking into account the market value. 

Article 125. Withholding of tax on income of non-residents at the source of payment

125.1. Gross income of a non-resident from an Azerbaijani source that is stipulated in Article 13.2.16. of this Code and that is not attributable to the permanent establishment of the non-resident located in the territory of the Republic of Azerbaijan shall be subject to taxation at the source of payment without deduction of costs at the source of payment at the following rates:

125.1.1. dividends - according to Article 122 of this Code;

125.1.2. interests - according to Article 123 of this Code;

125.1.3. leasing payments, including payments on financial leasing operations, as well as insurance payments of resident-enterprise or entrepreneur under risk insurance or reinsurance agreements - 4 percent;

125.1.4. payments by a resident enterprise or an individual enterprise for telecommunication or transport services during international communications or shipments between the Republic of Azerbaijan or other states - 6 percent;

125.1.5. income of legal entities and individuals registered as a taxpayer from the performance of work or the provision of services and other income received from an Azerbaijani source - in the amount of 10 percent, except for income specified in Articles 125.1.1 - 125.1.4, 125.1.6 - 125.1.8 and 125.1-1;

125.1.6. income in the form of wages paid by a resident enterprise or an individual enterprise - at the rates specified by Article 101 of this Code;

125.1.7. rent payment and royalty - in accordance with Article 124 of this Code;

125.1.8. from the amount remaining after deduction of cash (cash investments), paid in connection with the participation, from the winnings (awards), received in the form of money from betting games, conducted in connection with sports games, lotteries, as well as other events and competitions, held in connection with sport - in according to Article 101.5 of the present Code;

125.1.9. payments referred to in Article 13.2.16.14-1 this Code - 10 percent.

125.1-1. When transferring the funds by the residents of the Republic of Azerbaijan to the account, formed in an electronic wallet (e-purse) owned by non-resident persons, a local bank, carrying out the transaction, branch of a foreign bank in the Republic of Azerbaijan or the national postal operator deducts from that resident withholding tax payment at a rate of 10 percent of the transferred amount.

125.2. For the purposes of this Article, payments made by or on behalf of the permanent establishment of a non-resident in the Republic of Azerbaijan of on his behalf, shall be considered to be made by a resident enterprise.

125.3. In case if the international treaties on avoidance of double taxation with participation of the Republic of Azerbaijan stipulate the low tax rate or full exemption from taxes, then tax amount which was overcharged from the source of payments will be refunded in an order stipulated by the article 87.4 of this Code.

125.4. provisions of this article do not apply to dividends and interest income of UEFA, non-resident legal entities created by it, non-resident football clubs, earned in connection with the 2019 UEFA Europa League Final game in the Republic of Azerbaijan, as well as dividend income of entities representing UEFA due to the 2020 UEFA Football Championship, on the basis of a confirmation document, issued by the authority (structure), established by the relevant executive authority, in the manner prescribed by the relevant executive authority. (effective from March 1, 2019 to August 1, 2020)

Article 126. Taxation of net profit of non-resident's permanent establishment at the source of payment

In addition to profit tax of non-resident's permanent establishment from any amount of net income of this permanent establishment at the source of payment, transferred (issued) to the favor of such non-resident tax shall be withheld at the rate of 10 percent.

Article 127. Foreign Tax Credit

127.1. Amounts of income tax or profit tax of resident enterprise paid outside the Republic of Azerbaijan from the incomes of not Azerbaijani source shall be credited upon the payment of tax in the Republic of Azerbaijan.

127.2. The amounts of the credit stipulated in Article 127.1 of this Code shall not exceed the amount of tax charged on that income or profit in the Republic of Azerbaijan at the rates in effect in the Republic of Azerbaijan.

Article 128. Income received in countries with concessive taxation

128.1. If a resident directly or indirectly holds more than 20 percent of the basic charter capital or possesses more than 20 percent of the voting shares of a foreign legal entity that, in turn, received income from a state with concessive taxation, said income of the resident shall be included in its taxable income.

128.2. A foreign state shall be considered a state with concessive taxation, if in that country the tax rate is 2 or more times lower than that determined under this Code, or if there exist laws on confidentiality of information about companies, which allow secrecy to be maintained concerning financial information and (or) the actual owner of property or income (property) receiver.

128.3. Annual list of countries or territories with preferential tax treatment shall be approved by the relevant executive authority.

Article 129. Tax year

A tax year shall be a calendar year.

Article 130. Procedure for income and expenditures accounting

130.1. With a view to reflecting clearly taxable income (or profit), the taxpayer shall be obliged to maintain accurate and timely records of income and expenditures on the basis of documented data and shall assign, using methods provided for in this Chapter, said income and expenditures to relevant reporting periods during which they were received or incurred. The method used by taxpayer shall take account of all requirements concerning the moment of expenditures and receipts and procedure for their accounting. Taxpayer can use cash basis or accrual basis method as an accounting method.

Legal entities and individuals shall keep the records of profit and losses according to the current legislation of the Republic of Azerbaijan. With taxation purposes the profit and losses are established on the basis of this Code.

130.1-1. Rules of accounting of income and expenses for tax purposes in the spheres of economic activity shall be established by the relevant executive authority.

130.2. Taxpayer shall be obliged to ensure that all operations connected with its activity are accounted in such a manner that their beginning, course and end can be discerned.

130.3. Subject to the provisions of this Article, taxable income shall be calculated by the method used by the taxpayer for his own book-keeping, provided that adjustments necessary for meeting the requirements of this Code are incorporated.

130.4. Taxpayer may use cash method or accrual method of tax accounting, provided that the same method is applied by taxpayer during a year.

130.5. If the accounting method of taxpayer is changed, adjustments to accounting operations affecting the tax amount shall be effected in the year that the accounting method changed, so that none of the operations is left out or included twice. 

Article 131. Procedure for accounting of income and expenditures using the cash basis method

Taxpayer using cash method shall account for income at the moment that it actually receives such income or such income is transferred to its disposal and for expenses - at the moment that these expenses are actually incurred.

Article 132. Timeof receipt of income when using the cash basis method

132.1. The moment of receipt of income shall be considered the time that cash monies are received. Should non-cash payment be made, the time of the receipt of income shall be the time said monies are transferred to taxpayer's bank account or to another account at his disposal or from which he is entitled to receive said resources.

132.2. In the case of annulment or discharge of taxpayer's obligation, i.e. in the event of mutual offsetting, the time of the receipt of income shall be considered the time that the obligation is annulled or discharged.

Article 133. Time of carrying out expenses when using the cash basis method

133.1. When taxpayer uses the cash method for tax accounting purposes, the time of carrying out expenses shall be the time that these expenses are actually incurred unless otherwise provided for in this Article.

133.2. If taxpayer pays out cash monies, the time of incurring expenses shall be the time the monies are paid. Should non-cash payment be made, the time of incurring expenses shall be the time that the bank receives the order of the taxpayer to transfer said funds.

133.3. In the case of the annulment or discharge of taxpayer's financial obligation, i.e. in the event of mutual offsetting, the time of carrying out expenses shall be the time that the financial obligation is annulled or discharged.

133.4. When paying interest on a debt obligation or making payments for rental property (if the term of the debt obligation or rental agreement extends over several reporting periods) the amount of interest (or rent) actually paid, which is deductible for the tax year shall be deemed as the amount of interest (or rent) calculated for that year.

Article 134. Income and expenditures accounting method using the accrual basis

Taxpayer maintaining records using the accrual basis method shall record income and expenditures based on the time of the acquisition by taxpayer of the right to that income or of the acknowledgment of the expenditures, respectively, regardless of the time that the income is received or the expenditures are incurred.

Article 135. Time of the receipt of income when using the accrual basis method

135.1. The right to receive income shall be considered to have been acquired if the relevant amount is subject to unconditional payment to taxpayer or taxpayer has fulfilled all its obligations under the transaction.

135.2. If taxpayer fulfills work or provides services, the right to receive income shall be considered to have been acquired at the time when the fulfillment of such work under the agreement has been fully completed.

135.3. If taxpayer receives income, or has the right to receive interest income or income from the lease of property, the right to receive income shall be considered to be acquired at the time of expiration of the term of the debt obligation or lease agreement. If the term of the debt obligation or lease agreement extends over several reporting periods, the income shall be distributed among these reporting periods according to the procedure for the calculation of this income.

Article 136. Time of carrying expenditures when using the accrual basis method

136.1. When taxpayer uses the accrual basis method in tax accounting, the time of carrying expenditures in respect of a transaction (agreement) shall, unless otherwise provided by this Article, be considered when all the following condition are fulfilled:

136.1.1. taxpayer's acceptance of a financial obligation can be recognised indisputably;

136.1.2. the amount of the financial obligations can be valued with sufficient accuracy; and

136.1.3. all of the parties to the transaction (agreement) have actually fulfilled all their obligations under the transaction (agreement) or the relevant amounts are subject to unconditional payment.

136.2. In relation to the above mentioned, financial obligations shall be such obligations assumed according to a transaction (agreement), for the fulfillment of which the other party to the transaction (agreement) will be required to pay relevant income in monetary or other form.

136.3. When paying interest or rental on a leased property the debt obligation term or lease agreement term shall cover few reporting periods, the income shall be distributed among these reporting periods in accordance with the procedure for their calculation.

Article 137. Distribution of income from joint ownership

In the case of joint ownership agreements or agreements that involve ownership by more than one person without establishing a legal entity, income and expenditures resulting from said agreements shall be attributed to owners according to the agreement and tax shall be imposed according to the participating interest of such owners.

Article 138. Income and deductions under long-term contracts

138.1. «Long-term contract» - shall mean a contract on production (manufacture), installation or construction, or the performance of related service, which is not completed within a tax year. Contracts to be completed within 6 months of the date on which work under such contracts commenced shall be an exception.

138.2. If taxpayer uses the accrual method of accounting, income and deductions with respect to long-term contracts shall be accounted for during the tax year in accordance with the actual percentage of completion of such contracts.

138.3. Percentage of a completion of a contract shall be determined by comparing the expenditures borne by the end of the tax year against the total expenditures under the contract.

138.4. Provisions of Article 138 of this Code shall not be applied to simplified tax payers for operations in building constructions. 

Article 139. Procedure for Accounting Stocks of Commodities and Materials

139.1. Taxpayer shall be obliged to include in stocks of commodities and materials any goods in its possession and to be used for subsequent sale or for production of goods, doing work or providing services.

139.2. When accounting for commodity and material stocks, taxpayer shall be obliged to reflect in tax accounting the value of goods produced or acquired by it, such value being determined on the basis of the production cost or purchase price of these goods, respectively. Taxpayer shall also be obliged to include storage or transportation costs on these goods in their value.

139.3. When recording commodity and material stocks, the taxpayer may assess the value of obsolete, defective or out-of date goods (or products), that cannot be transferred at a price higher than their production cost or purchase price for the same reasons, on the basis of the price at which said goods (or products) can be transferred.

139.4. The taxpayer holds the right to keep the accounting of commodity and material stocks using the method of valuation at average cost if he is not keeping the individual record of goods on which he has the authority.

Article 140. Financial lease

140.1. For the purposes of this article, the items of financial leasing are movable and immovable property, that are attributed to fixed assets. If the lessor provides tangible property on the basis of financial leasing agreement, then for taxation purposes, the lessee be considered the owner of the property, and lease payments - are payments on a loan, issued to the lessee. Only legal entities and individual entrepreneurs act as a lessee under a financial leasing agreement.

140.2. Lease of assets shall be considered a financial lease in the following cases:

140.2.1. the assets are to be transferred to ownership upon the termination of the lease period or the lessee is entitled to purchase the assets at a determined or presumed price upon the termination of the lease period; or

140.2.2. the lease term exceeds 75% of the service period of the leased assets; or

140.2.3. the residual value of the leased assets upon the termination of the lease is less than 20 % of their value at the beginning of the lease;

140.2.4. the current discounted value of payments over the entire lease term is greater than or equal to 90% of the fair market value of the assets as of the beginning of the lease.

140.2.5. the leased property has been prepared for the lessee by the order of the lessee and may not be used, upon the termination of the lease term, by any person other than the lessee.

140.3. The Article 140.2.4. of this Code shall not apply to a lease that started during the final quarter of the term of utilization of assets.

140.4. In case when no interest rate is mentioned on loan payments in a financial leasing contract or to non-residents carrying out financial leasing, as well as to interdependent persons the interest rate used for establishment of current value of financial leasing payments shall be taken for the period to which payments are applied in the same currency at volume of 125 percent of the average interest on inter-bank trade on credits with similar periods, or, if no trade was conducted - on inter-bank credits.

140.5. For the purposes of this Article, the lease term shall include any period for which the lessee is entitled to extend the lease.

140.6. In the cases where the lessee is the owner of the assets before the start of the financial lease, the transaction property shall, in addition to the regime of granting loan stipulated in Article 140.1. of this Article, be regarded as a sale by the lessor and purchase by the lessee. 

Article 141. Compensated deductions and reduction of reserves

141.1. If previously deducted expenses, losses, or doubtful loans are reimbursed, then the amounts received shall be deemed income for the moment in which they were reimbursed.

141.2. When reducing reserves, previously deducted from the income, the amount reduced shall be included in income.

Article 142. Income and losses upon the realization of assets

142.1. Income from the realization of assets shall consist of the positive difference between the proceeds from the realization of such assets and the cost of the assets as determined in accordance with Article 143 of this Code. Upon the transfer of assets on a gratuitous basis or at a reduced price, the income of the person transferring the assets shall be determined as the positive difference between the market value of the property so transferred and its cost as determined in accordance with Article 143 of this Code.

142.2. Losses from the realization of assets shall consist of the negative difference between the proceeds from the realization of such assets and their cost as determined in accordance with Article 143 of this Code.

142.3. This Article shall not apply to the assets subject to amortization under the method of classification into categories stipulated by Article 114 of this Code. 

Article 143. Cost of assets

The cost of assets shall include expenses for their acquisition, production, construction, assembly and installation as well as other expenses that increase their value with the exception of expenses for which the taxpayer is entitled to a deduction, and the growth that occurs in revaluation of fixed assets (funds) (positive difference arising from the revaluation).

In the event of obtained assets to cover credits, the interest on credits do not increase the value of assets and shall be deducted from profits as per Article 108 of this Code. 

Article 144. Non-recognition of profit or losses

144.1. No profit or loss shall be taken into account in the following cases when determining taxable income:

144.1.1. assets are transferred between spouses;

144.1.2. assets are transferred between former souses as part of a divorce proceedings;

144.1.3. assets are impartially liquidated or alienated where the proceeds are reinvested in an asset of the same or similar nature before the end of the second year following the year in which the liquidation or alienation took place.

144.2. The cost of the replacing asset described in Article 144.1.3. of this Code shall be determined with reference to the cost of the replaced asset at the time of the liquidation or alienation.

144.3. The cost of an asset acquired in a transaction in which profit is not taken into consideration for tax purposes under Articles 144.1.1. or 144.1.2. shall be the cost of the transfer or on the date of transaction.

144.4. This Article shall not apply to assets depreciated by the method of classifying into categories under Article 114 of this Code, except for the cases where all assets in a category are transferred at the same time.

Article 145. Liquidation of legal entity

145.1. The liquidation of a legal entity shall be treated as a nullification of all participating interests of the participants therein, unless otherwise stipulated in this article.

145.2. If a legal entity is liquidated and its asset is transferred to a participant that is a legal entity or before the liquidation the participant held 100% of the participating interests in this legal entity:

145.2.1. the transfer shall not be treated as the taxable transfer by the liquidated legal entity;

145.2.2. the cost of the assets transferred to the participant shall be equal to the cost of such assets to the liquidated legal entity prior to the transfer;

145.2.3. the distribution of the assets shall not be a dividend subject to provisions of article 13.2.15 of this Code;

145.2.4. no profit or loss shall be taken into consideration upon the cancellation of the participant's interest in the liquidated legal entity;

145.2.5. the balance value of fixed assets of any category shall be transferred to the recipient of such fixed assets.

145.3. This Article shall not apply to the assets depreciated by the method of classifying into categories under Article 114 of this of this Code, unless all assets in the category are transferred at the same time.

145.3. Article 145.2 of this Code shall apply only if the tax agency proves that the main objective of a complete liquidation was not tax evasion. 

Article 146. Establishment of a legal entity

146.1. The transfer of assets shall not be deemed their alienation in the following cases:

146.1.1. an individual, or a group of individuals, transfers one or more assets (with or without any liability) to a legal entity in exchange for a participating interest in that legal entity;

146.1.2. an individual or a group of individuals, owns 100% or more of the participating interests immediately after the exchange.

146.2. The cost, to the transferee, of the assets to which Article 146.1. of this Code applies shall be equal to the cost, to the transferor, of those assets at the time of the transfer.

146.3. The cost of a participating interest received by exchange stipulated in Article 146.1 of this Code shall be equal to the cost of the assets transferred less any liability transferred.

146.4. This Article shall not apply to the assets depreciated by the method of classifying into categories under Article 114 of this Code, unless all assets in the category are transferred at the same time.

146.4. If the liabilities transferred exceed the cost of the assets transferred, this Article shall not apply to the difference between these amounts.

Article 147. Reorganization of a legal entity

147.1. The cost of the property and participating interests held by a legal entity or entities that are parties to the reorganization shall be equal to the cost of said property and interests immediately before the reorganization. The balance value of fixed assets connected to any depreciation category shall be transferred to person who purchased these fixed assets.

147.2. The transfer of property or participating interests between the legal entities that are the parties to reorganization shall not be treated as a surrender of property.

147.3. Any exchange of participating interests in a resident legal entity which is a party to a reorganization for participating interests in another resident legal entity which is also a party to that reorganization shall not be deemed taxable alienation of a participating interest.

147.4. The cost of the participating interests exchanged under Article 147.3. of this Code shall be equal to the cost of the original participating interests.

147.5. The distribution of participating interests connected to the exchange of participating share of resident legal entity who is the party of reorganization to the participating interests in other legal entity- party of reorganization shall not be considered as dividends for the parties of reorganization.

147.6. The value of original participating interests, under article 147.5. of this Code shall be divided immediately after distribution of original and distributed participating shares proportional to their market value.

147.7. Reorganization of legal entity shall be:

147.7.1. merger of two or more resident legal entities;

147.7.2. exchange of 50% or more of the voting participating interests and 50% or more of the value of all the participating interests of a resident legal entity solely for the participating interests of the party of reorganization;

147.7.3. acquisition by other resident legal entity of 50% or more of the assets of a resident legal entity by another resident legal entity solely in exchange for voting participating interests with no preferential rights as to dividends of the party of reorganization;

147.7.4. a split-up (division) of a resident legal entity into two or more resident legal entities;

147.7.5. establishment of a new entity by split-off;

147.7.6. distribution by legal entity, owning at least 50 percent of shares in the company, of all its rights between members of such legal entity.

The provisions of Articles 147.7.1 - 147.7.6 of this Code shall apply provided that the tax agency proves that the main objective of such merger, acquisition, takeover, split-up and split-off was not tax evasion.

147.8. Any legal entity party to reorganization, or any legal entity who owns the resident legal entity- party to the reorganization, or any legal entity belonging to such person shall be deemed as party to reorganization.

147.9. For the purposes of Article 147.8 of this Code, the owner of a legal entity shall mean an owner of 50% or more of the voting participating interests and 50% or more of the value of all the remaining participating interests in the legal entity.

147.10. This Article shall not apply to the fixed assets depreciated by the method of classifying into categories under Article 114 of this Code, unless all assets in the category are transferred at the same time.

Article 148. Significant change of ownership over a legal entity

148.0. Where there has been a change in the principal ownership of a legal entity for 50 or more percent as compared with the ownership one year earlier, the carry-forward of a loss, deduction or credit from a previous taxable year shall not allowed in the following cases:

148.0.1. the legal entity carries out the same entrepreneurial activity during three years after the change occurred;

148.0.2. the legal entity does not start a new entrepreneurial activity during one year after the change occurred.

Article 149. Filing of Tax Returns

149.1. The following taxpayers shall submit tax returns to tax authorities within the terms stipulated in Article 149 of this Code:

149.1.1. resident enterprises;

149.1.2. non-residents who have permanent establishments in the Republic of Azerbaijan;

149.1.3. non-residents, taxable income of which is generated from the Azerbaijani source and specified income of which is not taxed at the source of payment;

149.1.3-1. tax agent, appointed by a non-resident person, specified in Article 149.1.3 of this Code;

149.1.4. private notaries, individuals with incomes, for which the withholding tax is not stipulated (not possible), or individuals-residents, obtaining profits from the outside of the Republic of Azerbaijan, including those obtaining profits from royalty;

149.1.5. non-profit organizations that receive income from business activities.

149.2. Persons mentioned in Article 149.1 hereof (except for private notaries) shall submit their tax return no later than March 31 of the year following the accounting year. Private notaries must submit a tax return to the tax authority no later than the 20th of next month at the end of each quarter.

149.3. The taxpayer, in case of suspension of activity in the Republic of Azerbaijan, as well as upon termination of the activity of an individual who is a taxpayer, must submit a declaration to the tax authorities within 30 days. For the purposes of this article, the reporting period covers the period from the beginning of the tax year to the day from which the taxpayer suspended its activities or the activities of an individual were terminated.

149.4. Upon the liquidation of a legal entity the liquidation commission (abolisher, liquidator) or taxpayer shall immediately notify the State tax authorities of such liquidation in the manner established by legislation. Liquidation commission (abolisher, liquidator) shall give to the tax authority the declaration from the date of liquidation, shown in the decision on liquidation of legal entity, and if this date is not shown for the permanent representation of non-resident, within 30 days upon the date of legalization of the decision by representation of the Republic of Azerbaijan in foreign states (consulates of other state representing the interests of the Republic of Azerbaijan).

149.5. an individual who is not required to file a declaration may file a declaration claiming recalculation of tax and refund of resources.

149.6. A non-resident taxpayer which has no permanent establishment in the Republic of Azerbaijan and receives income taxed at the source of payment in accordance with articles 125.1.3., 125.1.4., 125.1.5. and 125.1.7. of this Code shall be entitled to the tax refund by filing a declaration about such income. Such declaration shall be filed within the term stipulated by the first sentence of article 149.2 of this Code. Such taxpayer shall be taxed at the rates as determined for the income of the permanent establishment of a taxpayer in the Republic of Azerbaijan in accordance with Article 105.1 of this Code. The expenses of taxpayer incurred in connection with the permanent establishment shall be deductible under the same procedure established for permanent establishments, provided that the tax does not exceed the amount of tax withheld at the source of payment in accordance with Article 125 of this Code. 

Article 150. Procedure for withholding tax at the source of payment

150.1. The following persons (tax agents) shall be obliged to withhold tax at the source of payment:

150.1.1. legal entities which make payments to individuals working as employees;

150.1.2. entrepreneurs who make payments to individuals working as employees, and private notaries;

150.1.3. legal or individuals paying out pensions to other persons, with the exception of paid under the State social security system;

150.1.4. resident legal entities paying dividends to legal entities and individuals;

150.1.5. legal or individuals paying interests to legal entities or individuals;

150.1.6. legal or individuals making payments stipulated in Articles 124, 125 or 126 of this Code;

150.1.7. legal entities or individual entrepreneurs making payments to individuals for services (works) provided, not registered by tax authorities as a taxpayers, without provision of TIN;

150.1.8. insurers paying premiums, in case of early termination of the insurance contract under article 116.2 of this Code;

150.1.9. notary certifying the contracts for the provision of land, residential and non-residential premises (except in the case of provision of residential premises, where the individual was registered at the place of residence for at least 5 (five) years, provision in cases stipulated in Articles 102.1.3.2, 102.1.18, 106.1.16, 144.1.1 and 144.1.2 of this Code, as well as in cases of provision of construction sites, as per which was calculated the simplified tax in accordance with Article 221.5 of the present Code, by the person in charge for the construction of buildings);

150.1.10. person, issuing payments to the person, receiving winnings (awards) in cash from betting games, conducted in connection with sports games, lotteries, as well as from other events and competitions;

150.1.11. in case of payment of income (award) from the lottery, other events and competitions by the legal entity resident and individual entrepreneurs, institutions, making withdrawals, in the event of payment of such income by non-residents entities, who do not have permanent representation in the Republic of Azerbaijan, local bank, where there is a bank account of the person, receiving this income, branch office of the foreign bank in the Republic of Azerbaijan or the national operator of postal communication;

150.1.12. local banks, branch of the foreign bank in the Republic of Azerbaijan or the national postal operator, issuing to legal entities and individual entrepreneurs money in cash, available on their bank accounts;

150.1.13. specialized organizations confirming the results of the provision of residential and non-residential premises, as well as land plots in the open auction, the protocol established in Article 8.0.2 of the Law of the Republic of Azerbaijan "On the State Register of Real Estate", except for the following:

150.1.13.1. property included in the inventory in connection with the payment of tax debt;

150.1.13.2. assets provided in the framework of the bankruptcy process in accordance with the Law of the Republic of Azerbaijan on Banks;

150.1.13.3. non-performing (toxic) assets provided in accordance with the procedure established by the body (structure) determined by the relevant executive authority, within the framework of a resolution of banks that have lost their solvency and health measures;

150.1.13.4. privatization of state property, to which the claim is directed in the manner prescribed by law, as well as the alienation of property rights and lease on municipal property.

150.1.14. legal entities and individual entrepreneurs who make payments to individuals who are not registered with the tax authority as a taxpayer for the provision of goods specified in Article 3.5 of the Law of the Republic of Azerbaijan "On Cashless Payments" (except for income exempted from this Code).

150.2. Persons indicated in article 150.1 of this Code shall be responsible for withholding and transferring taxes to the budget. If tax amounts are not withheld or not transferred to the budget, legal entities or individuals paying income shall be obliged to pay to the budget the taxes not withheld and associated sanctions and interests.

150.3. Legal entities, private entrepreneurs and private notaries, withholding tax at the source of payment in accordance with Article 150.1 of this Code shall be obliged to:

150.3.1. to the calculation of income tax on the calculated monthly income of individuals in accordance with Articles 150.1.1, 150.1.2 and 150.1.8 hereof, and payment of the calculated tax to the budget not later than the 20th day of the next month;

150.3.2. to the payment of taxes to the Budget not later than the 20th day of a month after the quarter when the income was paid, in accordance with Articles 150.1.3 to 150.1.7 hereof.

150.3.3. declaration of taxes withheld at the source of payment in the form prescribed by the relevant executive authority shall be submitted to the tax authority by:

150.3.3.1. persons withholding the tax at the source of payment in accordance with Articles 150.1.3.-150.1.8 of this Code - not later than on 20th of next month;

150.3.3.2. VAT payers and the payers of the simplified tax, withholding the tax at source of payment in accordance with Articles 150.1.1 and 1501.2 of this Code - not later than on 31st January of the year following the reporting year;

150.3.3.3. excluding VAT payers and payers of the simplified tax, other taxpayers withholding the tax at source of payment in accordance with Articles 150.1.1 and 150.1.2 of this Code - not later than on 20th of next month after the end of the quarter.

150.3-1. Having calculated the sum of the simplified tax in accordance with the requirements of Articles 220.8 and 220.8-1 of this Code, the notary and specialized trading organizations are obliged to transfer it to the state budget within 1 (one) business day and provide to the tax authorities a declaration in the form, prescribed by the relevant executive authority, up to 20th day of the month following the reporting month.

150.3-2. The persons referred to in Article 150.1.10 and 150.1.11 of this Code are required to calculate the tax in accordance with Article 101.5 of this Code, to transfer calculated tax to the state budget and to submit to the tax authority the declaration in the form prescribed by the relevant executive authority up to 20th day of the month following the reporting month.

150.3-3. The persons referred to in Article 150.1.12 of this Code are required to calculate the simplified tax in accordance with Article 220.12 of this Code, to withhold funds from the bank accounts of the receiving entity and not later than on the 20th day of the month following the reporting month, to transfer the calculated tax to the state budget and submit a declaration in the form prescribed by the relevant executive authority to the tax authority.

150.3-4. The persons specified in article 150.1.14 of this Code are obliged to calculate income tax in accordance with Article 101.6 of this Code, to transfer the assessed tax to the state budget not later than on the 20th day of the month following the reporting quarter, and submit a declaration in the form prescribed by the body (structure), determined by the relevant executive authority, after the end of quarter to the tax authority not later than on the 20th day of the next month.

150.4. The tax agent shall withhold the tax from the taxpayer at his place of employment. If the taxpayer doesn't use rights provided by Article 149.5 of this Code, the withheld tax shall be considered to be the total amount of income tax. 

Article 151. Current tax payments

151.1. Legal entities and individual entrepreneurs shall be obliged to make current payments to the budget no later than the fifteenth day of the month following each quarter. Enterprises and organizations, which are owned by municipalities, shall pay taxes to local (municipal) budget. The amount of each payment shall be 1/4 of the tax amount calculated in tax year. Private notaries must pay the tax, calculated according to the rate established in Article 101.4 of this Code, to the state budget not later than the 20th of next month.

151.2. The taxpayer may determine the amounts of current tax payments by multiplying the volume of his income in relevant quarter to coefficient of tax weight in the gross income for previous year (with no consideration of amounts to be deducted from income).

151.3. In this, the taxpayer selects annually until April 15 one of the two modes for calculation of the amount of payable taxes within the year and informs the tax authority. In the event that a taxpayer has chosen the method provided by Article 151.2 hereof for the determination of the amount of current tax payments, within 15 days after the end of each quarter, he shall submit a certificate to tax authorities about current tax amount calculated on the profit or income, otherwise the tax authority shall apply the method provided by Article 151.1 hereof. In case, when the taxpayer will not inform about mode applied for calculation of the amount of current tax payments, the tax authority will apply the first method and such method shall not be changed until the end of tax year.

151.4. Current tax payments shall be the amounts of tax withheld from the taxpayer within tax year.

151.5.Current tax payments not applying in previous tax year, but acting in the next tax year of the legal entities and individuals (further - taxpayers previously not active), carrying out business activity without establishment of the legal entity, and also new established and acting taxpayers are to be determined shall be implemented as follows:

151.5.1. Current tax payments on income tax or profit tax of taxpayers, previously not active shall be calculated on quarterly basis, within the calendar year on the basis of tax rates stipulated under this Code.

151.5.2. The amount of current tax payments should not be less than 75 percent of the amount of the amount of profit or income tax.

151.5.3. Taxpayers not involved previously activities, within 15 days upon the end of quarter shall perform current tax payment and provide to the tax authority the note on current tax amount, calculated within the quarter from the income or profit.

151.5.4. If current tax payments are not paid by the taxpayer, previously not active, within timeframe defined under Article 151.5.3 of this Code, for unpaid current tax payments the interest shall be paid for each extended day of payment in accordance with procedures stipulated under Article 59 of this Code.

151.5.5. The interests established under Article 151.5.4 of this Code shall be applied towards current tax payment for delayed taxes, revealed as a result of tax inspection, conducted for entire period of payment but less than for a year.

151.5.6. Current tax payments are assigned to the amount of tax withheld from the taxpayer, not previously involved in activities, over tax year.

151.5.7. If payers of simplified tax are payers of profit tax or income tax, the amount of current tax payment is defined in accordance with this Code.

151.5.8. In the event is taxpayers, not previously involved in activities did not submit the relevant note, stipulated under Articles 16.2 and 151.5.3 of this Code, the tax authority shall calculate the amount of current tax payments on the basis of similar information on taxes in accordance with Article 67 of this Code and shall submit the relevant notification to the taxpayer.

151.6. Upon the ending of reporting period, current tax payments shall be re-calculated and if in this the calculated amount of current tax exceeds the tax amount indicated in the report, the exceeding amount of current tax as well as interests accrued shall be decreased.

Article 152. Tax Payment on Results of Year

152.1. Taxpayers shall carry out final calculations and pay taxes before the date established for the submission of tax returns.

152.2. Enterprises owned by municipalities shall transfer the profit tax to local budget and other enterprises to the state budget. individuals shall pay the profit tax to the state budget.

Chapter XI. Value Added Tax

Article 153. Concept of value added tax

The value added tax (hereafter referred to as the VAT) is the difference between the amount of tax calculated from taxable turnover and the tax amount which is creditable according to electronic tax invoices submitted in accordance with provisions of this Code or documents reflecting the payment of VAT in import. The amount of tax calculated from trade markup is the value added tax on the retail sale of agricultural products, produced in the territory of the Republic of Azerbaijan. 

Article 154. Taxpayers

154.1. Any person who/which is registered or to be registered as VAT payer shall be VAT payer.

154.2. A person registered as VAT payer shall be considered a taxpayer from the date that the registration takes effect. A person who must file for registration, but has not been registered, shall be considered taxpayer from the beginning of the accounting period following the period in which the obligation to apply for registration arose.

154.3. All persons importing taxable goods into the Republic of Azerbaijan shall be considered payers of VAT on goods so imported.

154.4. A non-resident person who performs work, or provides a service, without being registered for VAT purposes and who is subject to tax in accordance with Article 169 of this Code shall be considered taxpayer on such work or service.

154.5. The joint entrepreneurial activity implemented without establishment of legal entity, stipulated by article 137 of this Code, for the purposes of VAT shall be considered as activity implemented by an individual. For the purposes of this article, -œindividual- means the person keeping records of joint business activities.

154.6. Producers of excisable, subject to compulsory marking and persons engaged in building construction activity, which are not exercised their right to be simplified taxpayer, are considered as VAT payers. 

Article 155. Requirement for submission of application on registration

155.1. Entities engaged in business activity, whose volume of taxable operations in any month (months) of consecutive 12-month period exceeds 200.000 manats, including entities who are engaged in trading activities and (or) catering activity and did not use the right established by Article 218.1 of this Code (except those specified in Articles 218.4.1, 218.4.2 and 218.4.3 of this Code), within 10 days after the date referred to in Article 157.3.1 of this Code must submit an application for registration for VAT purposes.

If the total cost of the operation per one transaction or contract exceeds 200,000 manat, this operation is considered as operation subject to VAT, and the person performing this operation prior to the date of carrying out of operation, must submit an application for registration for VAT purposes.

155.2. A non-resident's providing goods, performing work and rendering services shall, when determining the total volume of taxable transactions for the purposes of Article 155.1. of this Article, shall be taken into account through permanent establishments in the Republic of Azerbaijan.

155.3. The person specified in Article 154.5 of this Code, in the case provided for in Article 155.1 of this Code, or the person keeping the record of joint business activities, in the case when the participant is a VAT payer, must submit an application for registration. 

Article 156. Voluntary registration

156.1. A person engaged in business undertakings who does not need to be registered may voluntarily hand in a tax authority an application about registration with the purposes of VAT.

156.1-1. Persons engaged in passenger and cargo transportation (including by taxi) on the territory of the Republic of Azerbaijan by motor vehicles owned or used by them, or performing these transportations through other persons on the basis of an agreement, and meeting the following requirements, can enjoy the rights established by this article:

156.1-1.1. paying the cost of services rendered and the cost of purchased goods (works and services) in a cashless manner;

156.1-1.2. registering the income from services rendered to other taxpayers and expenses for receiving income on the basis of electronic delivery notes;

156.1-1.3. keeping records of operations on the services provided in a single centralized electronic system and providing the tax authority with a remote access to this system.

156.1-2. The persons referred to in Article 156.1-1 of this Code shall submit to the tax authority at the place of registration a VAT registration application no later than January 31 of each year and the registration of these persons for VAT purposes becomes effective from the first day of this month.

156.2. The application, the form of which shall be determined by the appropriate executive authority, may contain the following information, along with other information:

156.2.1. type of the business undertakings intended;

156.2.2. expected quarterly turnover;

156.2.3. types of goods provided, works executed and services rendered;

156.2.4. amount of financial resources to carry out the activity;

156.2.5. sources of goods, works and services;

156.2.6. number of employees to be used during the activity;

156.2.7. value of production equipment and other assets to be used during the activity. 

Article 157. Registration

157.1. An application for compulsory or voluntary registration for VAT purposes shall be submitted in the pro-forma determined by the relevant executive authorities.

157.2. When persons is undergoing the VAT registration the tax authority shall register such person in the state register of VAT payers and no later than within 5 business days from the date of submitted application issue the registration notification in the form set by the relevant executive authority, indicating in this notification the name of the taxpayer and other relevant data, date of entering of validity into force and his TIN.

In the event that the information provided by a person in the application was found to be wrong, the tax authority shall make up a substantiated report in the form as provided by the forth paragraph of Article 157.2 hereof on the results of the investigation. The statement shall be drawn up in two copies and one copy given to the person. The person shall, within 5 days after receiving the statement, remove the inaccuracies and submit the application to the tax authority, if there are no inaccuracies in the application submitted, the person shall be registered and a notification of his registration sent to the person.

If the person did not remove inaccuracies as provided in the second paragraph of this article and was not registered, by tax authority shall be submitted the notification on rejection without registration.

Form of the statement drawn up on the results of the investigation shall be established by the appropriate executive authority

Notification on registration of VAT payer shall be issued to the VAT payer just once and kept by him. If the notification on registration of VAT payer is lost or became unusable the copy of notification shall be issued on the basis of the copy of notification.

157.3. The registration shall take effect as of the following dates, whichever is earlier:

157.3.1. for mandatory registration:

  • if the amount of taxable operation during any month (months) of consecutive 12-month period exceeds 200.000 manat - on the first day of the following month;
  • if the total value of operation subject to VAT per one operation or contract exceeds 200.000 manat - up to the date of operation.

157.3.2. for voluntary registration - on the first day of the accounting period following the month in which the application for registration was submitted;

157.3.3. since the date indicated in taxpayer's application for registration, not to exceed 3-year period specified in Article 85.4 of this Code.

After 3-year period referred to in Article 85.4 of this Code, VAT precise definition and offset by the taxpayer is not allowed.

The provisions of this article do not apply to persons referred to in Article 218.4.1 of this Code.

157.4. Tax agency shall be obliged to start and maintain a list of registered VAT payers. In the event of adding of taxpayers into the VAT registry, information is used which is contained in the application for registration, submitted to the tax authorities.

157.5. The tax agency shall, on its own initiative, register and send a registration notification to any taxpayer who/which is subject to registration for VAT purposes, but has not applied for such registration (with exception of taxpayers specified in paragraph two of Article 158.2 of this Code).

157.6. Should any change occur to the information of VAT payer, relevant amendments are made to the state registry of VAT payers.

157.7. If the registration of VAT payer was annulled, the information on VAT payer is erased for the state registry of VAT payers and issued registration notification is re-called.

157.8. On the basis of official enquiries in cases defined under current Code, the applicant can be issues with "Extract from the VAT payer registry. 

Article 158. Cancellation of registration

158.1. If taxpayer, including entities, specified in Articles 218.1.2 and 218.1.3 of this Code, ceases his/its activity charged for VAT (except for cases envisaged in Article 16.3 of this Code), he/it shall be obliged to place an application for the cancellation of registration on VAT. In such case the cancellation of registration for the purposes of VAT shall enter into force from the date when taxpayer's taxable operations are ceased.

Persons referred to in Article 218.4.1 of this Code may submit an application for de-registration at any time after 3 years from the date of entry into force of the last registration for VAT purposes.

158.2. Taxpayer who/which has registered voluntarily and whose total taxable operation during the preceding 12 months do not exceed the volume equal to 100.000 manats may apply for the cancellation of registration at any time within one year after his/its last registration for VAT purposes, with exception of situations stipulated by article 158.1. of this Code. The cancellation of registration for VAT purposes shall enter into force from the date of submission of application to the tax authority on cancellation of registration.

Tax authority shall send to relevant executive authority the information on cancellation of VAT registration within one business day.

158.3. The tax agency shall remove from the registry of VAT payers the name and other details concerning the person whose registration for VAT purposes has been cancelled.

Article 159. Taxable bases

159.1. Provision of goods, works, rendering of services, trade markup applicable in the course of the retail sale of agricultural products, producing in the territory of the Republic of Azerbaijan and taxable import are subject to taxation.

159.2. Taxable transactions shall include any shipment of goods, performance of work and rendering of services within the framework of an individual business activity or a joint entrepreneurial activity carried out without the establishment of a legal entity, provided that they are conducted in the territory of the Republic of Azerbaijan pursuant to Article 167 or 168 of this Code, except for the shipping goods, performing work and rendering services that are exempt from tax under this section's provisions. Performance of works and provision of services outside the territory of the Republic of Azerbaijan shall not be included in taxable operations in accordance with article 168 of this Code.

159.3. Import of goods shall, with the exception of the import exempted from tax pursuant to this Section, be considered taxable as import. Goods that are temporarily imported by transit or goods that are not considered imported goods pursuant to customs legislation shall not be considered importation goods for VAT purposes.

159.4. Taxpayer's supply of goods, performance of works and provision of services (including on a non-compensated basis) to its own employees or for non-economic activity, as well as barter operations shall be viewed as a taxable operation.

159.5. If taxpayer makes a purchasing of goods (works, services) by paying the VAT and receives or holds the right to receive a credit, the use, loss, damage, writing-off without full depreciation or theft of goods, with exception of emergency situations of such goods (works, services) for non-commercial activity shall be considered as a taxable operation.

159.6. If taxpayer's registration is cancelled, the goods that remain in his/its ownership at the time of cancellation shall be considered goods realized at such time and within the limits of a taxable operation.

159.7. Regardless of other provisions of this article, the delivery of goods by the person who made the purchase of goods in the result of VAT taxable operations but does not hold the right for VAT compensation on the basis of article 175 of this Code, shall not be considered as taxable operation. If partial VAT compensation was not provided during purchasing the amount of taxable operation proportional to the uncompensated part.

159.8. VAT operations by persons not registered as VAT payers, as well as their operations exempted from VAT or with zero (0) VAT rate, but conducted with application of VAT shall be subject to taxation.

159.9. Minimum turnover taxable for VAT purposes shall be calculated by persons engaged in activities on apartment construction, via application of rates set by the relevant executive authority by territorial zones of cities and districts of the country, to the amount of 225 manats for each square meter of the taxable facility, as per Article 219.3 of this Code.

159.10. In accordance with Articles 164.1.11, 164.1.15, 164.1.16, 164.1.20 - 164.1.25, 164.1.33 and 164.1.35 of this Code, provision of imported goods, exempted from VAT in the territory of the Republic of Azerbaijan, is considered as a taxable transaction. 

Article 160. Provision of enterprise

160.1. Provision of all assets of the enterprise or independent subdivision of the enterprise by one taxpayer to the other taxpayer within one operation shall not be considered the taxable operation.

160.2. In the case indicated in article 160.1 of this Code the person who purchased or accepted the enterprise (the independent subdivision of the enterprise) shall accept all rights and obligations related with this enterprise of the person who provided the enterprise. This provision shall not relieve the person who provided the enterprise (independent subdivision of the enterprise) from the payment of taxes, interests or financial sanctions associated with previous periods.

160.3. This article shall only be applied if parties providing and purchasing (accepting) the enterprise (independent subdivision of the enterprise) inform the tax authority in writing on application of provisions of this Article not later than within 10 days from the provision of enterprise. 

Article 161. Value of a Taxable Operation

161.1. The value of a taxable operation (including other taxes, fees and other fees, except for the road tax (without the consideration of VAT) shall be determined on the basis of the amount of the fee which is paid or payable to taxpayer by customer or any other person.

161.2. If taxpayer receives, or is entitled to receive, goods, work or services in exchange for a taxable consideration, the market value (without the consideration of VAT) of such goods, works and services (including any duties, taxes and other fees) shall be included in the value of the taxable operation.

161.3. Pursuant to Articles 159.4, 159.5 and 159.6 of this Code, the amount of the taxable operation shall be equal to the cost of such goods, work or services (including any taxes and payable duties), without the consideration of VAT. The cost of taxable operation shall be determined in accordance with the procedure established in article 159 of this Code. This procedure shall be applied during the cancellation of registration in accordance with article 159.6 of this Code.

Article 162. The value of the Taxable Import

162.1. The value of the taxable import shall consist of the value of the goods determined in accordance with the customs legislation of the Republic of Azerbaijan and taxes and duties (without the consideration of VAT and road tax) to be paid after these goods are imported to the Republic of Azerbaijan.

162.2. When rendering a service, which is considered a part of import pursuant to Article 171.2. of this Code, the value (without the consideration of VAT) of such service shall be added to the value stipulated in Article 162.1. of this Code.

Article 163. Adjustment of the Taxable Turnover

163.1. This Article shall apply to the operations on provision of goods, works and services in the following cases:

163.1.1. the operation is fully or partially cancelled, including the full or partial return of goods;

163.1.2. the nature of operation has changed;

163.1.3. the agreed compensation (advance payment) for the operation has been altered because of the reduction of prices or any other reason;

163.1.4. new facts supporting the adjustment of the taxable income arise after the submission of electronic tax invoice by taxpayer and such adjustment is effected in the relevant instructions.

163.2. If, as a result of any of the cases stipulated in Article 163.1, taxpayer

163.2.1. has submitted electronic tax invoice for VAT and has not correctly indicated the VAT amount in that electronic tax invoice, or;

163.2.2. has not correctly indicated the VAT amount in VAT tax return, adjustments shall be effected in accordance with Article 174.2. and 175.5. of this Code. The adjustment shall be effected in the tax period in which the change in assessment occurred.

Article 164. Exemption from tax

164.1. Along with the export of goods, the following types of the provision of goods, performance of work and provision of services, as well as the following types of import shall be exempt from the payment of VAT:

164.1.1. the value of state enterprise property purchased within privatization program, as well as part of the rent payment for leasing of state property, which shall be paid to the budget;

164.1.2. provision of financial services (including the financial leasing);

164.1.3. supply (sending) and import of the national and foreign currency as well as of securities (except for numismatic purposes);

164.1.4. import of gold to be deposited with the Central Bank of the Republic of Azerbaijan and the State Oil Fund of the Republic of Azerbaijan, as well import of and currency valuables of the Central Bank of the Republic of Azerbaijan, monetary means, anniversary coins and other similar valuables of the Republic of Azerbaijan, manufactured abroad;

164.1.5. investment of any property in the form of share into the charter fund (capital) of enterprise, with exception of imported property (investment of property as a share, if it is not directly related to acquisition of other property);

164.1.6. state fees, payments for permits, charges levied by state power authorities, financial markets supervisory authorities, local management authorities and other authorized agencies and services provided by the above in the exchange of amounts received, fee charged by private notaries (for the conduct of notarial acts and services provided in connection with a notarial acts), within withheld amounts.

164.1.7. purchasing of goods, execution of works and services as well as their export on the expense of credits and loans international organizations, governments of foreign countries, on the expense of credits and loans provided by foreign legal entities and individuals on the basis of intergovernmental and interstate agreements, as well as the share of Azerbaijani party if such share not exceeds 49 percents in projects implemented on the expense of such credits and loans;

164.1.7. turnover on all types of purchasing and sale of mass media products, editing, publishing, polygraph activity connected with production of mass media publishing (with exception of advertisement services);

164.1.8. editing, publishing and printing activities in connection with the production of text-books kits (except work books) and children's literature for educational institution;

164.1.9. ritual services of funeral bureaus and cemeteries;

164.1.10. import of goods, provision of works and services by the Central Bank of the Republic of Azerbaijan and the State Oil Fund of the Republic of Azerbaijan, connected with obligations stipulated by legislation;

164.1.11. operations on provision of fixed assets of any kind, movables and other assets to the State Oil Fund of the Republic of Azerbaijan or party representing the Republic of Azerbaijan, the transfer of which to the Republic of Azerbaijan, including the legal entities representing it, are stipulated according to agreements on exploration, development of oil-gas resources and production sharing, export pipelines and etc., as well as operations of their import;

164.1.12. services on subway transportation of passengers;

164.1.13. provision of paid pre-school educational services (except for the provision of services in connection with other activities);

164.1.14. operations on the value of assets set by articles 106.1.9-106.1.11 of this Code and their provision in any form;

164.1.15. import of machinery, technological equipment and plants by managing organizations or operators of industrial and technological parks on the basis of a confirming document of the relevant executive authority for the establishment and construction of infrastructure, production areas of industrial or technological parks, established in accordance with the decision of the relevant body of the executive power, as well as for research and development activities;

164.1.16. import of machinery, technological equipment and plants by legal entities and individuals, engaged in entrepreneurial activities without forming a legal entity, being a residents established according to the decision of the relevant executive authorities of industrial and technological parks, on the basis of a confirming document of the relevant executive authority for the construction of production facilities of industrial or technological parks, established in accordance with the decision of the relevant executive authority, the research and development work - within 7 years from the date of registration of the resident in the industrial or technological parks;

164.1.17. provision of participation interests or shares of a legal entity;

164.1.18. turnover of agricultural products producers (including by industrial process) for the sale of agricultural products produced by them - 10-year period beginning from 1 January 2014.

164.1.19 imports of technical equipment and tools of all types, spare parts to them, weapons and ammunition used for military purposes by the relevant executive authority, imports of technology, equipment and component parts for the purpose of defense-oriented development and production;

164.1.20 commodities imported by humanitarian organizations duly registered in the Republic of Azerbaijan, as well as imports by other legal entities and individuals, subject to receipt of a consent from the organization, established by the relevant executive authority, for humanitarian aid purposes;

164.1.21. commodities, imported in connection with gratuitous assistance, including technical assistance, and for charity purposes of countries, governments and international organizations;

164.1.22. commodities, imported by individual not for production or commercial purposes, through the customs border in cases and in the manner, prescribed by the relevant executive authority;

164.1.23. equipment and materials, imported in connection with export-oriented oil and gas activities (subject to provision of the list of equipment and materials, imported to the Republic of Azerbaijan in connection with export-oriented oil and gas activities, approved by the relevant executive authority to the customs authorities);

164.1.24. goods (except for excisable goods), imported to a special economic zone;

164.1.25. imports of fixed assets being a subject-matter of leasing agreements;

164.1.26. import of machinery, manufacturing equipment and facilities on the basis of a confirming document of the relevant executive authority, by legal entities and private entrepreneurs who have received the investment promotion certificate - 7-year period from the date of receipt of the investment promotion certificate;

164.1.27. import and sale of grain, production and sale of grain flour and bread - within 4 years since 1 January 2017;

164.1.28. import by a resident of the industrial park, engaged in the activities, defined by the relevant executive authority in the industrial park, established in accordance with the decision of the relevant executive authority, of all kinds of goods for the purposes of those activities, on the basis of the confirming document of the relevant executive authority - for a 5-year period since 1 May 2016;

164.1.29. import and sale of breeder animals;

164.1.30. import and sale of seeds and seedlings;

164.1.31. import and sale of mineral fertilizers, pesticides;

164.1.32. import and sale of equipments for seed breeding, poultry and beekeeping, as well as laboratory equipments and machines for cleaning, sorting or calibration of seeds, grains and legumes;

164.1.33. import of veterinary drugs used for prevention, diagnosis and treatment of agricultural animals and birds;

164.1.34. import and sale of direct agricultural irrigation and other facilities, vehicles, equipment and techniques;

164.1.35. import of raw materials and materials determined by the relevant executive authority;

164.1.36. provision of non-performing (toxic) assets by the insolvent banks, as part of the resolution and rehabilitation measures in accordance with the procedure established by the relevant executive authority, and provision of bank assets as part of a bankruptcy procedure - for 3 years from 1 January 2017;

164.1.37. sale of poultry meat - for 3 years from 1 January 2017;

164.1.38. aircraft, their spare parts, engines and power plants imported for civil aviation purposes;

164.1.39. import of liquefied gas-powered buses designed to carry more than 10 people, including the driver - from January 1, 2020 for 5 years;

164.1.40. import of machinery, technological equipment and facilities for production or processing purposes by a SME cluster company on the basis of the confirming document of the body (structure), defined by the relevant executive body, supporting the development of micro, small and medium-sized businesses - from the date of inclusion of the SME cluster company in the SMEs Cluster Register for 7 years;

164.1.41. import of buses powered only by an electric engine;

164.1.42. operations on submission of manpower in connection with the organization of paid public works by the body (structure), determined by the relevant executive authority in accordance with the Law of the Republic of Azerbaijan "On Employment";

164.1.43. production and sale of bran - for 2 years since 1 March, 2019;

164.1.43. selling of goods, performance of works and provision of services, as well as the import of goods by UEFA, non-resident legal entities and non-resident football clubs (associations), created by it in connection with the 2019 UEFA Europa League Final game, held in the Republic of Azerbaijan, on the basis of a confirmation document from the authority (structure), established by the relevant executive authority, in the manner prescribed by the relevant executive authority; (effective from March 1, 2019 to August 1, 2020)

164.1.44. selling of goods, performance of works and provision of services, as well as the import of goods by UEFA, as well as legal entities, representing it, created and authorized by it in connection with the 2019 UEFA Europa League Final, held in the Republic of Azerbaijan, on the basis of a confirmation document from the authority (structure), established by the relevant executive authority, in the manner prescribed by the relevant executive authority. (effective from March 1, 2019 to August 1, 2020)

164.2. Relevant executive authority shall be entitled to grant the VAT exempt for import of goods and equipment used for production purpose, providing advance technologies, stipulated for specific period with provision of development of specific area, in the event of impossibility to satisfy the production needs from local resources.

Article 165. Taxation at a zero (0) rate

165.1. Zero (0) rate VAT shall be applied for the provision of following works, services and transactions:

165.1.1. Goods and services intended for use of diplomatic and consular representations accredited in the Republic of Azerbaijan of international organizations and foreign states, as well as for personal use of diplomatic and administrative-technical associates of certain rank, who are not the citizens of the Republic of Azerbaijan, as well as their family members;

165.1.2. import of goods, provision of goods, works and services to grant recipients on the expense of grants, received from abroad on the basis of the contract (decision) of the grant;

165.1.3. export of goods and services specified in Article 168.1.5 of this Code (including the production goods or goods, not intended for commercial purposes, acquired by foreigners and stateless persons in the Republic of Azerbaijan at taxpayers, registered as merchants in the order of refund of value added tax in accordance with Article 165.3 of the present Code);

165.1.4. international and transit cargo and passenger transportation, as well as services for transshipment of cargo, directly related to transit cargo transportation, except for international postal services. Fulfillment of works, rendering of services directly connected with international and transit flights;

165.1.5. delivery of gold and other valuables to the Central Bank of the Republic of Azerbaijan;

165.1.6. purchasing of goods (works, services) and their import at the expense of credits and loans of international entities, governments of foreign states, as well as at the expense of credits and loans, provided by foreign legal entities and individuals on the basis of interstate and intergovernmental treaties, by the persons receiving such credits and loans, as well as if the share of the Azeri party does not exceed 49 percent in projects, implemented by these credits and loans.

165.1.7. provision of goods, works and services to the industrial park resident, who is involved in activities, defined by the relevant executive authority in the industrial park, established according to the decision of the executive authority, by contractor and to the contractor by subcontractor, who has direct contract with that contractor for the purposes of this activity, based on the confirming document of respective executive authority - for a period of 5 years since May 1, 2016;

165.1.8. selling of goods, performance of works and provision of services by non-resident individuals, attracted by UEFA in connection with the 2020 UEFA Football Championship games held in the Republic of Azerbaijan, on the basis of a confirmation document from the authority (structure), established by the relevant executive authority, in the manner prescribed by the relevant executive authority. (effective from March 1, 2019 to August 1, 2020)

165.2. According to the article 165.1.1 of this Code, Zero (0) rate VAT will be applied to countries imposing Zero (0) rate VAT to works, services and operations specified in the article 165.1.1.

165.3 The relevant executive authority will establish rules on the VAT refund for foreign and stateless persons paid on goods, purchased on the territory of the Republic of Azerbaijan, not intended for production or commercial purposes.

165.4. The procedure for refund of VAT paid on goods, purchased by individuals on the territory of the Republic of Azerbaijan during the shopping festivals, organized in the order, established by the relevant executive authority, not intended for production or commercial purposes, shall be determined by the relevant executive authority.

165.5. The procedure for refund of VAT paid by individuals consumers for goods (except for oil and gas products) received from individuals, engaged in retail trade or public catering in the territory of the Republic of Azerbaijan, is defined by the body (structure), determined by the relevant executive authority. The amount refundable in accordance with this article consists of 15% VAT paid by cashless transfer, 10% VAT paid in cash. When refunding the part of VAT paid in accordance with this article, the submitted check of the POS terminal must meet the requirements of article 50.8 of this Code. 

Article 166. Date of Taxable Operations

166.1. Unless otherwise provided for in this Article, the date of taxable operations in the event of payment for such operation within 30 days, shall be the date of payment, and in case of payment after 30 days - the date of submission of VAT electronic tax invoice. If a VAT electronic tax invoice is not submitted within 5 days after the expiration of the terms, specified in Articles 166.1.1 and 166.1.2 of this Code, the taxable operation shall be deemed as carried out as follows:

166.1.1. if the payment of goods, works or services is made within 30 days, then at the date of payment, if payment is made after 30 days, at the date of delivery or the provision of goods, works or services; or

166.1.2. if delivery of goods involve their shipment and payment is made within 30 days, then at the date of payment, if payment is made after 30 days, at the date of commencement of the shipment of goods.

166.2. If the payment has been effected before the time stipulated in Articles 166.1.1 or 166.1.2 of this Code, where the a VAT electronic tax invoice has not been submitted within 5 days from the payment, the taxable transaction shall be considered to have been carried out at the time of payment. If two or more payments are made for a taxable transaction, each payment shall be deemed as effected for a separate transaction, within the limits of the payment amount.

166.3. If services are rendered on a regular or continuing basis, the time of rendering services shall be the time when a VAT electronic tax invoice is submitted for any part of the operation, and, if advance payment has been made, at the time when any part of the operation has been paid for.

166.4. Where the provisions of Articles 159.3 and 159.5 of this Code are applied, the time of carrying out a taxable operation shall be the time when the use, or production of the goods, works and services begins. In the cases stipulated in Article 159.4. of this Code, the time of carrying out a taxable operation shall the time when goods are supplied, works are performed and services are provided for employees. Where the provisions of Article 159.6. are applied, the time of the supply of goods shall be the time immediately preceding the time when the cancellation takes effect. 

Article 167. Place of transfer of goods

The transfer of goods shall be deemed to take place at the place they are transferred. If conditions of supply involve lifting and transportation, the transfer shall be considered to be effected at the time when the lifting or transportation of the goods starts. If, however, the supplier is to install or fix up the goods, the transfer shall be considered to be effected at the place the goods are installed or fixed up.

Article 168. Place of performing works or rendering services

168.1. For the purposes of this Chapter the place of the performance of works (provision of services) shall be as follows:

168.1.1. the place where immovable property is located - if works (services) are directly connected with that property. Such words (services) shall be considered construction, installation, maintenance, refurbishment words, agent and expert services, related to immovable property and other similar works (services);

168.1.2. the place where the works are performed (services are rendered) actually - if they are connected with movable property;

168.1.3. the place where services are actually rendered - if they are rendered in the area of culture, arts, physical fitness or sports, or in another similar area;

168.1.4. the place where transportation is actually provided- if works (services) are directly connected with that property;

168.1.5. location of registration place of the entity buying works or services, and if works or services are directly linked with permanent representation of the buyer- location of such permanent representation;

Provisions of this article shall be applied to following services:

    • transfer of ownership or transfer of rights on the use of patents, licenses, trade marks, copyrights and other similar services;
    • provision of advertisement, legal, accounting, engineering services as well as data processing and similar services;
    • provision of services on workforce;
    • leasing of movable property (with exception of transportation means of transportation enterprises);
    • services of agent who on behalf of the main party of agreement invites legal or individuals for the provision of services specified in this article;
    • provision of telecommunication services (receiving, transmission and distribution of signals, documents, photos, voice or information of any kind via telegraph, radio, optic or other electromagnetic system, including obtaining or granting rights for such transmission, receiving and distribution shall be considered telecommunication services;
    • services on radio and television transmission, postal services;
    • provision of services via computer, Internet and other electronic networks, e-mail and other similar means or granting of rights to use such networks or services;
    • provision of works and services by sellers (suppliers) of e-commerce, as well as conducting lotteries and other contests and competitions, organized in an electronic manner.

168.1.6. the place of activity of the person who performs the work or renders the services.

168.2. When applying the article 168.1. of this Code the place of execution of work or rendering of service listed in more than one article shall be determined by the first in order of articles' list. 

Article 169. Taxation of non-residents

169.1. If a non-resident who has not registered for VAT purposes in the Republic of Azerbaijan performs work or provides a service in the territory of the Republic of Azerbaijan for a tax agent stipulated in Articles 169.2 or 169.5 of this Code, the performance of work or provision of services (including the provision of services and execution of works in the order of e-commerce, with the exception of services on the order of air-tickets and hotel service outside of the Republic of Azerbaijan) for the purposes of this Chapter shall be taxed in accordance with this Article.

169.2. For the purposes of this Article, any person registered for VAT purposes or any resident legal entity shall be considered a tax agent.

169.3. Where Article 169.1 of this Code is applied, the tax agent shall charge and pay VAT from the amount to be paid to non-resident. The amount of tax shall be determined by applying the tax rate provided for in Article 173.1. of this Code to the amount payable to non-resident (without VAT).

VAT for the amount payable to non-resident shall be calculated and paid in accordance with the procedure, established by this Article when making a payment for the provision of works and services via e-commerce to non-resident, non-registered for VAT purposes, by persons who are not registered with the tax authorities.

If the buyer of works and services by way of e-commerce, as well as participant of lotteries and other contests and competitions, organized in the electronic order outside the Republic of Azerbaijan, is a person who is not registered with the tax authorities, the VAT, calculated by branches of local or foreign bank in the Republic of Azerbaijan, making payments, shall be paid to the budget at the expense of the customer funds. VAT, withheld by the branches of local or foreign bank in the Republic of Azerbaijan, registered for VAT purposes, from the person who is not registered with the tax authorities, will not be refunded.

169.4. If the tax agent has been registered for VAT, the tax withheld shall be payable at the time o filing of the VAT return for the month in which the operation took place. The payment document verifying the payment of the calculated tax shall be considered to be a electronic tax invoice giving the tax agent the right to a VAT credit according to Article 175 of this Code.

169.5. If the tax agent has not been registered for VAT purposes, he shall pay calculated tax within 7 days upon payment to non-resident in accordance with this Article and before the 20th of following month submit the VAT declaration in accordance with the form approved by relevant executive authority. Amount to be paid to non-resident by the tax agent in accordance with this Code shall not be assigned to taxable operations, defining operation for calculation of VAT for registration of tax agent for VAT purposes. If the tax agent has made the payment to the budget of VAT calculated on the amount to be paid to non-resident, the payment document shall contain the note on payment of tax from the amount to be paid to non-resident.

169.6. When property owned by non-resident is imported, the tax agent shall be entitled to claim, upon the permission of non-resident who/which is the owner of property, a VAT credit to the tax withheld from the importation. In this case the tax agent shall be considered taxpayer and be responsible for the payment of VAT when further realizing (except for exporting) that property.

169.7. The tax agent no later than within 20th of the following month upon the payment to non-resident, shall submit to the tax authority the declaration on payment of VAT in accordance with the form established by the relevant executive authority.

Article 170. Time of Import

An import of goods shall be considered to take place at the time when customs duties are collected on such goods pursuant to customs legislation. If goods are exempt from tax, an import of goods shall be considered to take place when such goods are removed from the customs control.

Article 171. Mixed operations

171.1. Supply of goods, performance of works or provision of services that is subsidiary to the main supply of goods, performance of works or provision of services shall be considered a part of such operations.

171.2. Performance of work or provision of services by an exporter, which are subsidiary to the import of goods, shall be considered a part of the import of goods.

171.3. When operation which involves independent elements is divided into taxable but VAT exempted operations those shall be considered as separate operations.

Article 172. Operations by Agent

172.1. Supply of goods, performance of works and provision of services by a person who is an agent (proxy) for another person (principal) shall be considered an operation conducted by principal.

172.2. Article 172.1. of this Code shall not apply to services rendered by agent to principal.

172.3. Article 172.1. of this Code shall not apply to the supply of goods to the Republic of Azerbaijan by a person who/which is a resident agent of a non-resident person not registered for VAT in the Republic of Azerbaijan. In such cases supply of goods shall, for the purposes of VAT, be considered to be carried out by an agent.

The amount of VAT that shall be paid on lotteries, tourist agency services, commission sales, sell of used goods, and other areas, determination of taxable base of which in accordance with general rules involves difficulties, shall be determined in this Article.

172.4. The basis for VAT taxation on operations performed via the agent of other person, shall be defined as follows:

172.4.1. During provision of goods, implementation of works or provision of services via the agent of other person, the price of indicated goods (works, services) shall be recognized as a price of taxable operations and basis for taxation.

Award (Premium), paid to the agent for provided services, along with inclusion into the taxable operation of the agent, shall be assigned for costs deducted from the income of other party.

The invoice received by the agent from other person does not allow him to compensate the amount of VAT.

172.4.2. The time of taxable operations for other person shall be considered the time of transfer to the agent of goods (works, services).

In the event of transfer of goods (works, services) in batches (parts) the time of taxable operations is established for each batch.

172.4.3. If the agent is the VAT payer he shall submit only the electronic tax invoice on services provided to other person. The tax receipt shall entitle the other person, who is the payer of VAT to compensate the paid VAT to the agent.

Irrespective of VAT inclusion to the cost of goods (works, services) delivered to the agent by other person, the agent shall not be entitled to issue electronic tax invoice to the buyer (customer) of the goods (works, services).

172.4.4. For the agent the taxation basis shall be the value of services provided by him to other persons on provision of goods (works and services), the time of taxable operations is an actual time for provision of these services, and the value of taxable operations is the award (premium), which he shall obtain (obtained) from other party.

172.5. In operations of other person, implemented via the agent, specific of VAT calculation shall be defined as follows:

172.5.1. Value of taxable operations for persons implementing the lottery, shall be the amount remained after deduction of the amount of prize fund from the amount, received from sale of lotteries.

172.5.2. If in accordance with provisions of lottery the prize fund is completely or partially comprised of goods, the amount of VAT paid for goods, purchased for prize fund is not compensated.

172.5.3. The basis for taxation of parties providing tourist services on routes, starting from the territory of the Republic of Azerbaijan to other countries (with exception of services, provided outside of the Republic of Azerbaijan), shall be the value of tourist services, and for persons (agents), providing tours, the value of services provided for their supply.

172.5.4. The basis of taxation for committent during sale of goods in commission shall be the value of goods, transferred to the commissioner (with deduction of commissions).

172.5.5. The electronic tax invoice of the commissioner, transferred by the committent, does not entitle the commissioner to pay the VAT amount.

172.5.6. The commissioner, independent whether the VAT is included in the value of commissioned goods, can not transfer the electronic tax invoice to the buyer of goods.

172.5.7. If the committent is non-resident, in accordance with Article 172.3 of this Code good sales operations are recognized as operations conducted by the agent, thus commissioner.

In this instance the taxation base for the commissioner shall be the amount of goods, sold under the commission, as well as value of services, provided to the commissioner. Amount of taxable operation of the commissioner - is the sale price (without VAT), established by the committent for goods, sold under the commission, and award (premium) for services, which was received from the committent for services provided.

For the commissioner the time of taxable operations shall be the time of provision to the purchasers (clients) of goods (works, services). In the event of transfer of goods (works, services) in batches (parts) the time of taxable operations is established for each batch.

If the commissioner has paid to the customs authorities the VAT for imported goods, documents verifying the implementation of this obligation shall entitle the commissioner, who is the VAT payer to compensate the price of this VAT. If the commissioner is a taxpayer, goods, provided under the commission shall be subject to VAT on general basis.

If goods imported under the commission were not sold by the commissioner, who is the payer of VAT, and by the assignment of committent completely or partially transferred to other person on the territory of the Republic of Azerbaijan, the amount for the unsold part of goods from the amount paid to customs authorities for VAT, shall be paid by the commissioner to the budget.

172.5.8. During implementation of taxable operations, performed by other person via agent, transfer of VAT to the budget, compensation of VAT during the determination of payments to the budget and application of electronic tax invoices, with consideration of provisions of this Article shall be defined on general basis in accordance with this Code.

172.6. If persons, who are subject to VAT except operations specified in this Article perform any other operations, registration of such additional operations shall be performed separately.

Article 173. VAT rate

173.1. VAT shall be 18 percent of each taxable operation and taxable import.

173.2. The taxable turnover shall be the total value of taxable operations during an accounting period.

Article 174. VAT on taxable turnover payable to the budget

174.1. The sum of VAT payable to the budget in respect of taxable turnover in accordance with Article 166 of this Code shall be determined as the difference between the sum of tax charged in accordance with article 173.1. of this Code on the taxable turnover and the sum of tax creditable under Article 175 of this Code.

174.2. In the event that VAT payable under Article 163 of this Code exceeds the VAT indicated in taxpayer's tax returns, the difference shall be considered a VAT payable during the accounting period in which cases stipulated in Article 163.1. of this Code and shall be added to the tax amount payable in the accounting period pursuant to Article 174.1 of this Code.

174.3. Taxpayers, engaged in the retail trade, charged VAT from the trade markup, applied during the retail sale of agricultural products, produced in the territory of the Republic of Azerbaijan, shall keep separate records of these products. In the case of ignorance of this registration, regardless of the provisions set forth in other articles of this Code, VAT in retail sale of these products shall be calculated from the total turnover. 

Article 175. VAT creditable in the determination of payments to the budget

175.1. Subject to the provisions of this Article, the amount of tax paid to the deposit account of VAT as per payments and operations performed within such account made by cashless transfer (with exception of payments made in cash to the bank account of the provider of goods, works and services) on invoices issued to taxpayer shall be considered the amount of credited VAT and in this case the time for imposing tax on the following operations shall be taken into account:

175.1.1. on operations involving supply of goods, performance of works and provision of services which are considered operations conducted during an accounting period pursuant to Article 176 of this Code;

175.1.2. on import of goods during an accounting period pursuant to Article 170 of this Code.

175.1.3. if in accordance with invoice issued to the taxpayer two or more payments have been made, each payment shall be considered as performed for separate operations at the value of payment. The amount of VAT shall be paid for in accordance with procedure set by this Code and the relevant executive authority not later then on the day of payment of the value of goods (works and services), purchased by electronic tax invoice, issued to the taxpayer. If in this two or more payments are made of the value of goods (works and services), the amount of VAT shall be paid to VAT deposit account in accordance with amount of payment made.

When the cost for goods, works and services is not included in the production expenditures, for the use of such goods, works and services for commercial purposes provisions of articles 175.1, 175.1.1, and 175.1.2 of this Code shall be applied.

175.2. The amount of VAT paid by cashless transfer by VAT deposit account (with exception of payments made in cash to the bank account of the provider of goods, works and services) by the taxpayer on invoices submitted for taxable operations, which are partially used for entrepreneur services and other part for other purposes, as well as on the import of goods compensating the amount of VAT determined by the weight of goods (works, services) used for entrepreneurial activity.

175.3. No VAT compensation shall be made for costs stipulated in article 109.3. of this Code, with the exception of specified in article 109.4. of this Code.

175.4. In the case where taxpayer carries out taxable operations and operations exempt from tax pursuant to Article 164 of this Code, the amount allowed as a VAT credit shall be determined on the basis of the proportion between the taxable and total turnover. When a taxpayer conducts both VATable and VAT exempt transactions, in the case of accounting for recognized goods (works, services) separately with VAT payment and VAT exemption based on documented information on goods (works, services) related to these transactions, the amount VAT paid for goods (works, services) for VAT transactions is fully covered in accordance with article 175.1 of this Code

175.5. If under circumstances indicated in Article 163 of this Code the amount of VAT to be paid to the budget is not indicated correctly, the amount of VAT to be paid to the budget shall be indicated in the declaration, provided by the taxpayer for reporting period, in which such circumstances have occurred.

175.6. In cases when goods (works, services) are bought by the persons carrying out operations, exempted from VAT or not liable to VAT, the amount of VAT paid in an order stipulated by this Article, is not liable to compensation. When purchasing goods (works, services) from the funds allocated from the state budget (excluding subsidies and funds to be refundable), the paid VAT amount is not refundable.

175.7. Operations, as per which VAT is deducted at Zero (0) rate, are considered the operations liable to VAT, and VAT amount, paid by cashless transfer by VAT deposit account (with exception of payments made in cash to the bank account of the provider of goods, works and services) when buying goods (works, services) by the persons, carrying out such operations are to be compensated according to the provisions of this Code.

175.8. The amount of VAT should be transferred to VAT deposit account by VAT payers, as well as non-registered for VAT purposes legal entities and budget organizations, with more than 50 percent of state ownership, according to electronic tax invoices issued to them on the acquisition of goods, services (works), as well as by persons, who purchased the residential and non-residential premises from the persons engaged in construction of buildings. Rules for maintenance of the VAT deposit account, VAT movements, compensation for VAT with operations performed on this account and their payments to state budget shall be set by the relevant executive authorities. 

Article 176. Electronic tax invoices

176.1. Subject to the provisions of article 176.4. of this Code, a person registered as VAT payer and conducting a taxable operation shall be obliged to issue a electronic tax invoice to the person receiving goods, works and services. A person who is not registered for VAT has no right to issue a electronic tax invoice.

176.2. An electronic tax invoice (except for electronic tax invoice issued to foreigners and stateless persons and during shopping festivals also to all individuals with a VAT refund condition) being a form of strict reporting, drawn up on the pro-forma determined by the relevant executive authorities and contain the following information:

176.2.1. last name, initials or name of taxpayer and purchaser (customer);

176.2.2. identification number of taxpayer and purchaser (customer);

176.2.3. name of the goods supplied, works performed and services rendered;

176.2.4. amount of the payment for the taxable operation, as well as volume of the taxable operation;

176.2.5. excise amount on excise goods;

176.2.6. tax amount payable on the given taxable operation;

176.2.7. date of issuing the electronic tax invoice;

176.2.8. number of the electronic tax invoice;

176.2.9. name of the tax authority that issued the registration notification of the taxpayer registered for VAT purposes, date of issuance and number of notification;

176.2.10. position, full name of the executive who signed the invoice.

176.2-1. The unified form of electronic tax invoice for the refund of the value added tax paid by foreigners and stateless persons for goods purchased in the territory of the Republic of Azerbaijan, not intended for production or commercial purposes, shall be approved by the relevant executive authority.

176.2-2. The unified form of electronic tax invoice for the refund of the value added tax paid by individuals for goods that are not intended for production or commercial purposes and purchased in the territory of the Republic of Azerbaijan during the period of shopping festivals, is established by the relevant executive authority.

176.3. Taxpayer shall be obliged to draw up and issue to purchaser of the goods (works or services) a electronic tax invoice upon delivery or not later than 5 days after the delivery thereof.

176.3-1. Terms of application, registration and use of electronic tax invoices shall be established by relevant executive authority.

176.4. In the course of retail supply of goods or services to customers that are not VAT payers, delivery note or electronic delivery note or receipt or check can be issued instead of electronic tax invoice. Documents, authorizing transactions, carried out in cash can not be the basis for tax compensation for the purposes of Article 175 of this Code and notwithstanding the provisions set forth in other articles of this Code, produced compensation is recognized as invalid.

176.5. Import documents provided by customs authorities and confirming the payment of import tax independent of form of payment shall provide the basis for tax compensation for the purposes of Article 175 of this Code. 

Article 177. Filing of tax returns and payment of VAT

177.1. Each VAT payer shall be required:

177.1.1. to file a VAT return with a tax agency for each accounting period;

177.1.2. to pay tax for every accounting period within the term established for the filing of VAT.

177.2. A tax return shall be submitted for each accounting period not later than the 20th day of the month following the accounting period.

In case of liquidation of a legal entity-taxpayer or if activity of an individual engaged in business undertakings without having established a legal entity is terminated, a VAT declaration should be submitted to the tax authority within 30 days provided that it is not later than the term provided by this Code. In this case, tax period shall cover the period from the beginning of a term considered as accounting period till the date when the taxpayer stopped his activity.

177.3. Articles 177.1 and 177.2 of this Code shall not apply to persons who are taxpayers only on the import of goods pursuant to Article 154.3. of this Code.

177.4. VAT on taxable import shall be calculated and collected by customs agencies in the manner established for the payment of customs duties pursuant to this Code and customs legislation.

177.5. During the registration for previous dates in accordance with article 157.3.3. of this Code the taxpayer shall be obliged to pay VAT from taxable operations from the moment the registration had entered into force and shall hold the right to for compensation of tax amounts in accordance with procedure established by taxpayers. These operations shall be deemed as implemented within the month in which the declaration was submitted. In such event the taxpayer shall hold the right to submit VAT electronic tax invoices for operations that were reflected in declaration.

177.6. VAT shall be paid to the state budget.

Article 178. VAT accounting period

A VAT accounting period shall be a calendar month.

Article 179. Relations with the budget when the amount of creditable tax exceeds the amount of calculated tax

179.1. With respect to taxpayer whose taxable turnover taxed at a zero rate is at least 50% - the credited tax amount which exceeds the calculated tax amount in the accounting period shall be returned by the State tax agency within 20 days after the receipt of taxpayer's application.

179.2. For other taxpayers, the part of the tax refund amount exceeding the tax amount accrued during the reporting period is returned no later than four months from the filing date of the electronic application by the taxpayer to the tax and customs authorities.

179.3. In any case when certain amounts are refunded to taxpayer erroneously, the tax agency may demand the return of such amounts according to the procedure established for the collection of tax. 

Article 180. Liability of Taxpayers and Supervision by Tax Authorities

180.1. Taxpayers and their officials shall be liable for calculating the VAT correctly and paying it to the Treasury in a timely manner. They shall also be liable for filing tax returns with tax authorities within the established term, pursuant to the tax legislation of the Republic of Azerbaijan or, in the event VAT collection is vested in customs authorities, pursuant to customs legislation of the Republic of Azerbaijan.

180.2. Administration and supervision with respect to tax collection shall be carried out by State taxation and customs authorities, within the power vested in them, in accordance with this Code and customs legislation of the Republic of Azerbaijan.

Article 181. Refund of VAT in the case of a gratuitous transfers

181.1. A person who receives goods or benefits from work or services provided free of charge by an international organization, foreign legal entity or individual pursuant to international or intergovernmental agreements to which the Republic of Azerbaijan is a party, shall be entitled to a refund of the VAT paid on said goods, work or services, within 45 days upon submitting electronic tax invoices to tax authorities.

181.2. The refund shall be made only if the request for the refund is filed before the end of the month following the month in which the taxable operation or the taxable import takes place.

Note: If as of 1 January 2003, the total amount of taxable operations of the taxpayer does not exceed 5000-fold size of non-taxable amount of monthly income for the previous 12 full calendar months, the taxpayer within 45 days can apply for revocation of registration for VAT, except for cases stipulated by the Article 158.1 of the Tax Code of the Republic of Azerbaijan. Cancellation of registration for VAT purposes shall be carrying out in accordance with the second sentence of Article 158.2 and 158.3 of the Tax Code.

If the tax declarations submitted after the date of entry into force of the law (No. 383) of 1 January 2003 cover the activity relating to the period prior to January 1, 2003, then tax rates in effect during this period shall be applied.

If electronic electronic tax invoices for transactions undertaken by the taxpayer in cash before January 1, 2003 and subject to VAT are reflected in the declarations submitted to the tax authorities within the set deadline for the period in which these operations were carried out, they give rise to a tax reimbursement.

Chapter XII. Excise taxes

Article 182. Concept of excise

182.1. Excise shall be an indirect tax included in the sale price of excise goods.

182.2. Excise goods produced in or imported into the Republic of Azerbaijan shall be subject to excise tax, except for goods that are exempt form tax.

Article 183. Taxpayers

183.1. Unless otherwise provided for in this Chapter, all legal entities or individuals engaged in the production of excise goods in the Republic of Azerbaijan, or importation of such goods into the Republic of Azerbaijan, as well as residents of the Republic of Azerbaijan involved in the production of excise goods directly or via contractor outside of the territory of Azerbaijan, who are not registered as taxpayers at the manufacturing location of such goods, shall be payers of excise tax.

183.2. With respect to goods produced from raw materials delivered by customer, manufacturers (contractors) of goods shall be considered as excise taxpayers. In such case the manufacturer (contractor) holds the right to request the compensation for the amount of excise from the customer.

183.3. If the manufacturer of the excise goods and the customer are the resident interdependent persons, then the owner of the goods (the customer) is payer of excise taxes.

Article 184. Taxable base

184.1. The taxable base shall be the following:

184.1.1. release of excise goods produced in the territory of the Republic of Azerbaijan outside the boundaries of the building they were produced;

184.1.2. with respect to imported goods - a taxable operation shall include an import of excise goods pursuant to the customs legislation of the Republic of Azerbaijan.

184.2. For the purposes of this article the production facilities shall stores, secondary storage areas and other similar premises.

Article 185. Amount of taxable operation

185.1. With respect to oil products and tobacco products produced in the territory of the Republic of Azerbaijan, the amount of the taxable consideration shall be determined (excluding the VAT, road tax and excise amounts) on the basis of the compensation (including barter) received, or receivable, by the taxpayer from a customer or any other person, the amount of such compensation being not less than the wholesale market price of the relevant goods. Taxable operation for other goods with excise tax produced in the territory of the Republic of Azerbaijan shall be considered as the amount of goods produced.

185.2. With respect to import goods (with exception of light vehicles, buses, leisure and sports yachts and other floating transports stipulated for these purposes and also platinum, gold, jewellery and other domestic items made thereof, and processed, sorted, framed and fixed diamond), the amount of the taxable consideration shall be the customs value of the goods determined in accordance with the customs legislation of the Republic of Azerbaijan (but not less than the wholesale market price, excluding the excise and VAT) plus the amount of duties and taxes payable on the import of goods into the Republic of Azerbaijan (excluding excise, road tax and VAT).

Taxable operation on light vehicles, buses, leisure and sports yachts and other floating transports, specified for these purposes is their engine volumes.

Taxable operation on imported platinum shall be each gram of transaction platinum, for gold, jewellery and other domestic items made thereof shall be the amount of gold in a thousand weight unit, and for processed, sorted and fixed diamond shall be carat of a diamond.

185.3. Except for returnable containers, the price of the packaging shall be taken into consideration when determining the amount of the taxable consideration.

Article 186. Time of the taxable operation

186.1. With respect to goods produced in the territory of the Republic of Azerbaijan, the time of the taxable operation shall be the time when the goods are released outside the boundaries of the building they are produced.

186.2. With respect of the import of goods, the time of the taxable operation shall be the time when the import is effected in accordance with the customs legislation of the Republic of Azerbaijan.

Article 187. Taxation of export

Export of excise goods shall be taxed at a zero rate.

Article 188. Excise exemptions

188.1. The following shall be exempted from excise:

188.1.1. import of 1.5 liter of alcoholic beverage, 200 pieces of cigarettes, 20 grams of gold, jewellery and other domestic items thereof, and processed, sorted, framed and fixed 0.5 carat diamond by an individual for personal consumption and, with respect to persons entering the territory of the Republic of Azerbaijan by automobiles, one tank of fuel stipulated by the technical passport of the vehicle;

188.1.2. goods transported through the territory of the Republic of Azerbaijan by transit;

188.1.3. temporary import of goods into the Republic of Azerbaijan, in cases envisaged by Articles 192 and 194 of the Customs Code of the Republic of Azerbaijan;

188.1.4. goods that are intended for re-export and secured under a pledge;

188.1.5. platinum, gold and processed, sorted, framed and fixed diamond being imported to add into the assets of the Central Bank of the Republic of Azerbaijan, gold being imported to add into the assets of the Oil Fund of the Republic of Azerbaijan;

188.1.6. goods, imported in connection with the 2019 UEFA Europa League Final and the 2020 UEFA Football Championship games held in the Republic of Azerbaijan, on the basis of a confirmation document from the authority (structure), established by the relevant executive authority, in the manner prescribed by the relevant executive authority. (effective from March 1, 2019 to August 1, 2020)

188.2. Exemptions from excise provided in Article 188.1. of this Code shall apply only if the conditions for the exemption from customs duties are complied with. If, for the purposes of customs duties, goods imported are subject to the regime of the refund of the duty, or if the payment of the custom duty is required upon the violation of the conditions of the exemption, such regime shall be applied to the collection of excise taxes. 

Article 189. Credit of excise for production needs

189.1. A person purchasing excise goods (raw materials) and using these goods for the production of other excise goods shall be entitled to a credit in the amount of the excise paid on the purchase of the raw materials or to a refund of the excise amount.

189.2. A credit or refund of excise according to this Article shall be allowed provided that the producer of the raw materials submits a supporting electronic tax invoice or, when importing raw materials, relevant documents. The amount shall be returned to taxpayer within 45 days after the filing of a relevant document with tax authorities.

Article 190. Tax rates and the list of excise goods

190.1. Following goods shall be subject to excise tax:

    • alcohol, beer and all types of alcoholic beverages;
    • tobacco products;
    • oil products;
    • light vehicles (with exception of motor transport means for special purposes, equipped with special markings and equipment);
    • leisure and sports yachts as well as other floating transports stipulated for these purposes;
    • imported platinum, gold, jewellery and other items made thereof, processed, sorted, framed and fixed diamond;
    • imported leather and fur products;
    • energy (alcohol or non-alcohol) drinks;
    • buses (except for liquefied gas powered buses);
    • liquid for electronic cigarettes.

190.2. The relevant executive authority shall determine rates of excise tax for excise goods imported into the Republic of Azerbaijan (with exception of light vehicles, buses, leisure and sports yachts and other floating transports stipulated for these purposes and also platinum, gold, jewellery and other domestic items made thereof, processed, sorted, framed and fixed diamond, leather and fur items).

190.3. To potable alcohol, beer, alcoholic beverages, tobacco products, energy (alcohol and non-alcohol) beverages and e-cigarette liquids, produced in the Republic of Azerbaijan, following excise rates are applied:

190.3.1. potable alcohol (including ethyl alcohol non-denatured with alcohol content of not less than 80 percent; ethyl alcohol non-denatured with alcohol content of less than 80 percent) - 2.0 manats for liter;

190.3.2. vodka, strong drinks and strong beverage materials, liqueurs and liqueur products - 2.0 manats per liter;

190.3.3. cognac and cognac products - 6.0 manats per liter;

190.3.4. sparkling wines - 2.5 manats per liter;

190.3.5. wine and vineyard materials - 0.1 manats per liter;

190.3.6. beer (with exception of non-alcoholic beer) and other beverages containing beer - 0.2 manats per liter;

190.3.7. cigars, cut-end cigars, and cigarillos (slim cigars ) - 20.0 manats for 1000 pcs.;

190.3.8. cigarettes made of tobacco and their substitutes - 20 manats for 1000 pcs;

190.3.9. alcohol energy drinks - 2.0 manats per liter;

190.3.10. non-alcohol energy drinks - 3.0 manats per liter;

190.3.11. cigars, including cut-end cigars - 1.0 manat for each piece;

190.3.12. liquid for electronic cigarettes - 20.0 manats per liter.

190.3-1. The amount of excise for goods specified in Articles 190.3.1-190.3.10 and 190.3.12 of this Code is calculated at the excise rate with application to the product of actual volume (quantity) of these goods.

190.4. Following excise duties shall apply to cars, buses, recreation or sports type yachts and other floating facilities intended for these purposes being imported into the Republic of Azerbaijan, as well as imported platinum, gold, jewellery and other domestic items made thereof, processed, sorted, framed and fixed diamond, leather and fur items:

190.4.1. For cars, recreation or sports type yachts and other floating facilities intended for these purposes:

Taxable items

Excise tax rate

Cars:

 

- engine capacity up to 2000 cubic centimetres

Per each cubic centimetre of the engine capacity's 0.30 manats

- engine capacity up to 3000 cubic centimetres

600 manats + 5 manats for each cubic centimetre of the engine capacity's part from 2001 to 3000 cubic centimetres

- engine capacity up to 4000 cubic centimetres

5600 manats + 13 manats per each cubic centimetre of the engine capacity's part from 3001 to 4000 cubic centimetres

- engine capacity up to 5000 cubic centimetres

18600 manats + 35 manats per each cubic centimetre of the engine capacity's part from 4001 to 5000 cubic centimetres

- engine capacity over 5000 cubic centimetres

53600 manats + 70 manats per each cubic centimetre of the engine capacity's part over 5000 cubic centimetres

Recreation or sports type yachts and other floating facilities intended for these purposes

6 manats per each cubic centimetre of the engine capacity

190.4.1-1. For buses:

Taxable items

Excise tax rate

Buses:

 

- engine capacity up to 4000 cubic centimetres

Per each cubic centimetre of the engine capacity- 2 manats

- engine capacityup to 6000 cubic centimetres

8000 manats + 4 manats for each cubic centimetre of the engine capacity's part from 4001 to 6000 cubic centimetres 

 

- engine capacityup to 8000 cubic centimetres

16000 manats + 6 manats for each cubic centimetre of the engine capacity's part from 6001 to 8000 cubic centimetres

- engine capacityup to 10000 cubic centimetres

28000 manats + 8 manats for each cubic centimetre of the engine capacity's part from 8001 to 10000 cubic centimetres

 

- engine capacityexceeding 10000 cubic centimetres

44000 manats + 10 manats for each cubic centimetre of the engine capacity's exceeding 10000 cubic centimetres

190.4.1-2. Should the manufacturing date of buses imported into the Republic of Azerbaijan be more than 1 year or the distance covered by them exceeds 100000 kilometres, then the excise tax is calculated on the basis of article 190.4.1-1 of this Code, applying a coefficient of 1.5 to the assessed amount.

190.4.2. per each gram of imported platinum - 4.0 manats;

190.4.3. by the amount of gold in thousand weight units of imported jewellery and other domestic products made thereof:

190.4.3.1. if the amount of gold in a thousand weight units is 375 (three hundred seventy five), per each gram - 1.5 manats;

190.4.3.2. if the amount of gold in a thousand weight units is 500 (five hundred ), per each gram - 2.0 manats;

190.4.3.3. if the amount of gold in a thousand weight units is 585 (five hundred eighty five), per each gram - 2.4 manats;

190.4.3.4. if the amount of gold in a thousand weight units is 750 (seven hundred fifty), per each gram - 3.0 manats;

190.4.3.5. if the amount of gold in a thousand weight units is 958 (nine hundred fifty eight), per each gram - 5.0 manats;

190.4.3.6. if the amount of gold in a thousand weight units is 999 (nine hundred ninety nine), per each gram - 6.0 manats;

190.4.4. for each carat of processed, sorted, framed and fixed diamond imported being 400 manats (excise rate), shall be calculated as follows:

190.4.4.1. if the amount of one piece of diamond is less than 1 carat, excise rate shall be reduced pro rata the actual amount of the diamond;

190.4.4.2. if the amount of one piece of diamond is more than 1 carat, excise rate shall be calculated by applying the following factors to the multiplication of the excise rate to the diamond's actual amount:

190.4.4.2.1. if 1 to 2 carats - 2.0;

190.4.4.2.2. if 2 to 3 carats - 3.0;

190.4.4.2.3. if 3 to 4 carats - 4.0;

190.4.4.2.4. if 4 to 5 carats - 5.0;

190.4.4.2.5. if over 5 carats - 10.0.

190.4.5. 10 percent of the customs value of imported leather-fur products, which is not less than the wholesale market price.

190.5. Excise rates on petroleum materials, light vehicles, leisure and sports yachts and other floating transports stipulated for these purposes produced in the Republic of Azerbaijan shall be established by the relevant executive authority. 

Article 191. Accounting period and payment of excise

191.1. The accounting period for excise shall be determined on the basis of calendar month. With respect to the production of goods - when carrying out taxable operations during each accounting period excise shall be paid no later than 20th of the month following the accounting month.

191.2. If a taxpayer has fallen into arrears on excise tax for any period, the excise tax shall, starting from the time that the arrears started until the time of settlement, be paid when carrying out the taxable transaction. Moreover, the taxpayer shall not have the right to remove the goods out of the building where the goods are produced before said excise tax is paid on such goods.

191.3. When excise goods are imported excise shall be collected under the procedure established for the collection of customs duties.

191.4. Excise shall be paid to the state budget.

Article 192. Filing of returns

192.1. In the cases stipulated in Article 191.1. of this Code, taxpayer shall be required to file a tax return according to the procedure established by the relevant central executive authorities within the term determined for the payment of the tax, such return indicating taxable operation during each accounting period.

In case of liquidation of a legal entity-taxpayer or if activity of an individual engaged in business undertakings without having established a legal entity is terminated, an excise tax declaration should be submitted to the tax authority within 30 days provided that it is not later than the term provided by this Code. In this case, tax period shall cover the period from the beginning of a term considered as accounting period till the date when the taxpayer stopped his activity.

192.2. Excise taxpayer shall submit an application for a credit mentioned in Article 189 of this Code together with the tax return.

Article 193. Refund of excise during re-export

193.1. With respect to imported goods intended for further re-export, excise shall be paid upon the import of the goods and be subsequently refunded, in the amount corresponding to the actual quantity of the re-export, from the customs authorities collecting that excise within 15 days.

193.2. Article 193.1. of this Code shall not apply to the import goods that are exempted from the collection under Article 188.1.4. of this Code. 

Article 194. The tax control over excise goods

194.1. The list of goods produced in the Republic of Azerbaijan or imported into the country subject to excise stamps marking, the procedure for applying excise stamps to these goods is determined by the body (structure), defined by the relevant executive authority. The issuance of the order for manufacturing of excise stamps, their sale and maintenance of their accounting is carried out by relevant executive authority. Import, storage (except for storage of goods of personal consumption) or sale of such excisable goods without a stamp shall be forbidden and shall involve the responsibility envisaged by the legislation. State tax authorities shall be required to confiscate, in the manner established by legislation, goods to be so stamped which are sold without an excise stamp.

194.1-1. Terms of the regulation of turnover of excisable commodities in the Republic of Azerbaijan, shall be established by the relevant executive authority and a person who violates the requirements of these regulations shall be liable in cases stipulated by the Code of Administrative Offences and the Criminal Code of the Republic of Azerbaijan.

194.1-2. For issuing the excise stamp, a state duty is levied in the amount established by the Law of the Republic of Azerbaijan "On State Duty".

194.2. Tax authorities shall be entitled to prevent the export (issuance) of excise goods outside of production boundaries without registration, marking and payment of excise in case stipulated by Article 191.2. of this Code, in accordance with procedure established via installation of control posts, measurement devices and putting a seals in appropriate premises and stores (except for personal premises), in case of establishment by taxpayers of violation of requirements provided by this Code, of taxpayers that produce excise goods to be stamped, as well as other measures.

194.2.1. Control posts are established by the decision of relevant executive authority and shall be equipped with telephone and other required equipment at access and exit gates of production sites of taxpayers engaged in production of goods subject to excise.

194.2.2. In establishment of control posts the inspection of technical integrity, compliance with process equipment standards, instrumentation and laboratory devices of taxpayers manufacturing products subject to excise, their sealing shall be implemented by relevant executive authority.

194.2.3. Employees of control posts provide the inventory of remaining excise marks, seal instrumentation on production measurement, raw material and final product stores, process equipment at production sites, as well as marking during the sale of products subject to marking, with review of initial support documentation (delivery note, electronic delivery note, bill of lading, electronic tax invoice and etc.), control their transportation from production sites, transfer of final product to store and issuance to customers, compliance with marking application rules.

194.2.4. Sealing of instrumentation on volumes of production, raw material and final products stores, process equipment at production sites shall be implemented by employees of control posts together with manufacturer's representative and performance of relevant records in accordance with forms approved by tax authority, including the records of instrumentation on volumes of production at the day end, break between the shifts, as well as in the event of suspension of validity of licenses or their cancellation, absence of excise marks for marking of final products, absence of raw materials, support and packaging materials, as well as in the event of long-term stand-by of equipment for technical reasons.

194.2.5. Shutting of production capacities in the event of suspension of production shall be performed by sealing of process lines and equipment at places to make their use impossible.

194.2.6. Sealing and removal of seals shall be documented by the relevant act with participation of control post employees and manufacturer representative.

194.2.7. If during the commencement of the operations control post employees are absent, seals can be removed by responsible employees of the manufacturer informing the tax authority, and relevant protocols shall be made with indication of reasons and date.

194.2.8. Employees of control posts shall check the conformance of quantities, volumes, weights specified in documents issued for sells of products with their actual numbers, volumes and weights and indicators in documents shall be registered in dedicated logs. Upon this the employees of control posts on initial confirmation documents of goods (delivery note, electronic delivery note, bill of lading, electronic tax invoice and etc.) shall authorize the issuance.

194.2.9. In the event of changes to indicators of instrumentation, damage to seals on process equipment within the period between application of the seal and its removal, found deviations in marking of production by excise marks, as well as delivery of final products outside of the production site with violation of Article 191.2 of this Code employees of control post shall develop the relevant protocol and immediately inform the tax authority.

194.3. Rules for control of excise goods to be marked in accordance with Article 194.2 of this Code shall be established by the relevant executive authority.  

Article 195. Electronic tax invoices

195.1. Unless otherwise is provided for in Article 195.3 of this Code, taxpayer supplying excisable goods shall write out and issue electronic tax invoices to the receivers of the goods in accordance with the existing normative-legal acts.

195.2. An electronic tax invoice shall be an invoice drawn up in the pro-forma established by the relevant central executive authorities and reflecting such information as stipulated in Article 176.2. of this Code.

195.3. When goods are supplied on a retail basis, check or receipt may be used instead of electronic tax invoices. Receipts, checks, unduly drafted electronic tax invoices, documents, issued for cash transactions, can not serve as the basis for reimbursement of excise duty for purposes of Article 189 of this Code, and regardless of the provisions contained in other articles of this Code, made reimbursement is recognized as invalid.

Chapter XIII. Property Tax

Article 196. Taxpayers

The payers of property tax are the individuals and enterprises specified in article 197 of this Code being the objects of taxation. 

Article 197. Taxable base

197.1. Following shall be a taxable base:

197.1.1. buildings and their parts (hereinafter referred to as buildings) as personal property of resident or non-resident individual, located in the Republic of Azerbaijan, as well as value of automobiles and moving equipment (hereinafter referred to as transport means), as well as any water and air transport facilities, owned by a resident individuals, irrespective of where they are located and whether or not they are used;

197.1.2. transport means on the balance of enterprises;

197.1.3. average annual value of fixed assets on the balance of enterprises;

197.1.4. for enterprises-non-residents, carrying out the business activity by permanent representation in the Republic of Azerbaijan, - only the average annual value of fixed assets connected with permanent representation.

197.2. The value of fixed assets that constitute a taxable base and are accumulated by enterprises for carrying out a joint activity without creating a legal entity shall be included in the tax return for the purpose of taxation by the joint activity participants consolidating such assets. The value of the fixed assets created (acquired) as a result of the joint activity shall be included in the tax return in accordance with the participating shares in the property determined under contract by the joint activity participants.

Article 198. Tax rates

198.1. individuals shall pay the property tax in following order and at following rates:

198.1.1. from each square meter of building area in their ownership (as regards residential premises - the part exceeding 30 square meters), the rates specified in the following table shall apply (if the building is located in Baku, then using coefficients of not less than 0.7 and not more than 1.5 to these rates, established by the relevant executive authority):

Populated areas

Residential and non-residential premises, privately owned by the individuals (in manats)

Baku

0,4

Gyanja, Sumgait cities and Absheron region

0,3

Other cities (except of regional subordination towns), regional centers

0,2

Cities, towns and villages of regional subordination (except of settlements and villages of Baku and Sumgait cities, as well as Absheron region)

0,1

198.1.2. for water and air transport facilities:

198.1.2.1. 0.02 manat per 1 cub. sm. of the water transport facility's engine;

198.1.2.2. 0.02 manat per 1 cub. sm. of the air transport facility's engine;

198.1.2.3. 1% of the market value for water and air transport facilities without engines.

198.2. Enterprises shall pay tax at the rate of 1% of the value of the fixed assets determined under Article 202 of this Code.

198.3. individuals and enterprises shall pay the property tax for automobile transport facilities for the engine volume of such facilities (for 1 cub.sm) at following rates.

Taxable facility

In percentages of conventional financial unit

Light vehicles

0.2

Buses and cargo vehicles

0.4

198.4. Tax rates indicated in articles 198.1. and 198.2. of this Code shall be applied to the residual value of property. 

Article 199. Tax privileges and exemptions

199.1. Budget-funded institutions and organizations, state power and governing bodies, the Central Bank of the Republic of Azerbaijan and its offices, public legal entities, established on behalf of the state (except for property tax payable for property, used for business purposes), state funds and public entities for disabled people, children with limited levels of health.

199.2. Buildings of art workshops or parts of buildings where such workshops are located that belong to individuals involved in entrepreneurial activity without establishing the legal entity on craft production of copper, tin and pottery products, house appliances, gardening instruments, national music instruments, toys, souvenirs, house appliances made of reeds and cane, involved in embroidery and production of house appliances from wood shall not be taxed;

199.3. The amount of property tax that shall be paid by persons indicated in article 102.2 of this Code, as well as people on pension or obligatory military service, their family members for the period of such service shall be reduced for the amount of 30 manats, with exception of cases of their leasing, rent or use for entrepreneurial or other commercial activity.

199.4. For the purposes of taxation the value of enterprise property shall be reduced for the amount of value of following facilities:

199.4.1. facilities used for the purposes of environment, fire protection and civil defense;

199.4.2. product lines, railways and motorways, communication and power lines, melioration and watering facilities, satellites and other space objects;

199.4.3. mechanical transport means;

199.4.4. facilities of enterprises involved in education, health, culture and sports that used only for the purposes of such areas of activity;

199.4.5. fixed assets, amortized in accordance with Article 114.3.2. of this Code.

199.5. Trolley buses and tramps used for the transportation of passengers in cities shall be exempted from property tax.

199.6. The amount of property tax that shall be paid for automobile transport means of persons indicated in article 102.2. of this Code shall be reduced for 10 times of conventional financial unit.

199.7. Legal entities and individuals engaged in entrepreneurial activities without forming a legal entity, being a resident of industrial or technology parks created in accordance with the decision of the relevant executive authorities are exempt from tax on property in the industrial or technology parks for 7 years from the reporting year of registration in the industrial or technology park in accordance with the law.

199.8. Management company or operator of industrial or technological parks, established in accordance with the decision of the relevant body of executive power are exempt from paying taxes on property located in the industrial or technology parks.

199.9. Legal entities and individuals engaged in the production of agricultural products (including by industrial process) are exempt from property tax for property used in the process of this activity within a 10-year period beginning from 1 January 2014.

199.10. Amount of the property tax on water transport facilities being in the company's records and used for the transportation of passengers and goods shall be reduced by 25 per cent.

199.11. A legal entity and an individual entrepreneur who received an investment promotion document are exempt from paying property tax for 7 years from the date of receipt of this document for property acquired (received, imported, produced, constructed or installed) at the expense of investment funds within the framework of the relevant investment project. The exemption established in accordance with this article does not apply to property acquired before the date of receipt of the investment promotion document, or property used by a legal entity or an individual entrepreneur in business activities. The exemption provided for in this article also extends to buildings that were involved in business activities as part of an investment project and were not previously used in business activities of the taxpayer.

199.12. The tax on property paid for state-owned property, the privatization of which has been completed, from January 1, 2019 to January 1, 2022, is refundable based on a taxpayer's application under the following conditions or upon his consent relates to the fulfillment of his subsequent tax obligations:

199.12.1. the amount of tax calculated and paid for other taxes in the reporting year should not be less than the amount of taxes calculated and paid to the state budget for this reporting year for property the privatization of which has been completed;

199.12.2. the taxpayer on the date of filing an application for the refund of the paid property tax should not have any dues for taxes, interest and financial sanctions to the state budget.

199.13. The right to a benefit, as defined by article 199.12 of this Code, is applied for the same property for only one reporting year.

199.14. Micro entrepreneurial businesses are exempt from property tax.

199.15. SME cluster companies are exempt from paying property tax for 7 years for property used in the SME cluster activities from the date they are entered in the Register of SME Cluster Companies .

199.16. The body (structure), determined by the relevant executive authority, within the framework of the resolution and measures to rehabilitate the banks that have lost their solvency, for property acquired on the basis of a decision of the body (structure), determined by the relevant executive authority, in exchange for problem assets (debts) and his property (on the balance sheet) is exempt from property tax since January 1, 2019 for a period of 2 years. 

Article 200. Procedure for the calculation and payment of the property tax of individuals

200.1. The property tax shall be calculated on a buildings according to each square meter of the property area.

For premises owned by individuals, the property tax shall be calculated by the municipality of the area at which they are located.

200.2. Property tax on a building that has several owners shall be calculated, in accordance with the area of each owner in that building, on the basis of procedure established in Article 200.1. of this Code.

200.3. Tax authorities shall calculate tax on water and air transport facilities, as of January 1 of each year, on the basis of the relevant information submitted by authorities registering such facilities. In the absence of such registration the owner of this property each year before January 1 shall provide to relevant authorities documents that include all necessary data (year of manufacturing, price at the moment of purchasing and technical characteristics) on all water and air transport owned.

Tax on a water or air transport facility that has several owners shall be collected from the person who has registered such facility under his own name.

200.4. Municipalities shall submit tax payment notifications to taxpayers not later than August 1.

200.5. The annual tax amounts shall be paid, in equal portions, before September 15 and before November 15. If property tax was not paid by the previous owner of property it shall be paid by new owner within timeframes stipulated by this Article.

200.6. The tax on the property of individuals shall be paid into local (municipal) budget.

200.7. The property tax on automobile transport means shall be paid on the date of their registration, re-registration or implementation of annual technical inspection. In the absence of documents, confirming the tax payment, registration, re-registration and technical inspection shall not be conducted. 

Article 201. Calculation and payment of the property tax of enterprises

201.1. The average annual value of the property of enterprises shall, for taxation purposes, be determined pursuant to Article 202 of this Code.

201.1.1. If the property of the enterprise is insured for an amount exceeding its depreciated cost, property tax is calculated using property tax rates established under Article 14.3.4 of this Code. If the value of the insured property is set taking into account the market price, then the provisions of Article 202 of this Code are not applied.

201.2. The tax period on property tax shall be established as a calendar year.

201.3. Property taxpayers shall pay 20 percent of annual tax amount not later than 15 of the second month of each quarter.

legal entities, who were not the payers of property tax in previous accounting year, who are the payers of such tax in the following year, as well as newly established and payers of property tax, no later than by 15 of the second month of each end of quarter, in which the property was purchased, shall make the current tax payments at the rate of 20 percent of the annual amount of property tax, which shall be subject to calculated for such property.

Current tax payments on property tax are applicable to tax amount, withheld from the taxpayer for the tax year.

201.4. The amount of tax that shall be paid to the state budget for accounting period shall be determined with increasing value from the start of year with consideration of previous payments.

In the event of failure to pay current taxes within timeframe established under Article 201.3 of this Code, for each day of delay of the tax payment the interest shall be charged to taxpayer in accordance with procedures specified in Article 59 of this Code.

Current tax payment on property tax upon expiry of reporting year shall be recalculated and if the amount of current tax is higher than the tax amount in the report, the exceeded amount of current tax and relevant amount of interest shall be reduced.

201.5. Enterprise shall submit to the tax authority the annual declaration on property tax no later than March 31 of the year following the reporting year.

A taxpayer-legal entity shall, within 30 days from the date of adoption of decision on its liquidation, and in case when such date is not mentioned for a permanent representative office of a non-resident, from the date of legalization of such decision at representatives of the Republic of Azerbaijan in foreign countries (at consular offices of other countries representing interests of the Republic of Azerbaijan), submit property tax declaration to tax authority, and in this case accounting period shall cover the period from the beginning of the tax year till the date when the business activity of the taxpayer was terminated

201.6. Taxes on annual return shall be paid before the submission deadline for such returns. The amount of calculated tax shall be deducted from income, which shall not be limited by Article 199 of this Code.

201.7. The property tax of enterprises shall be paid into the state budget.

201.8. The property tax payment by enterprises for automobile transport means shall be made to the state budget at the date established for their registration, re-registration or technical inspection. If tax is not paid in timely manner the interest shall be charged pursuant to the provisions of this Code.

In the absence of document, confirming the tax payment, registration, re-registration or technical inspection of the vehicle shall not be conducted. 

Article 202. Procedure for determining the average annual value of the property of an enterprise

202.0. For taxation purposes, the average annual value of an enterprise's property (with exception of automobile transport means) shall be calculated in the following way:

202.0.1. The residual value of enterprise property (with exception of transport means) for the start (cost remained after deduction from the residual value, fixed by the end of the previous tax year, of depreciation cost calculated for this year) and end of reporting year shall be summed and divided by two. When calculating the average annual residual value of the enterprise property, gains arising from the revaluation of fixed assets (equipment) (positive difference resulting from revaluation) is not included.

202.0.2. If enterprise was established or became a taxpayer of assessed tax within a accounting year, the residual value of its property (with exception of automobile transport means) for the balance of the date of establishment or becoming liable to payment of assessed tax and the end of reporting period shall be summed, divided by 24 and multiplied by the number of month following the month when enterprise was established or became a taxpayer of assessed tax until the end of the year.

202.0.3. If enterprise is liquidated during the accounting year or is a simplified taxpayer, the residual value of its assets (excluding vehicles) by the beginning of the year and the date of liquidation or registration as a simplified taxpayer shall be summed, divided by 24 and multiplied by the number of months from the beginning of the year before the month of liquidation of the enterprise or registration as a simplified taxpayer

Chapter XIV. Tax on land

Article 203. Tax on land

203.1. The land tax shall be calculated in the form of fixed payment for land area independent from the results of economic activity of land owners and users.

203.2. Resident and non-resident individuals, as well as the resident and non-resident entities within one month after receipt of the documents proving their ownership for the land and their use must be registered: individuals and municipal entities - with the municipalities and other entities - with the tax authority.

Article 204. Taxpayers

The payers of tax on land are the individuals and enterprises who own or use land plots on the territory of the Republic of Azerbaijan. 

Article 205. Taxable base

Land plots granted to the ownership or use of enterprises and individuals pursuant to the legislation of the Republic of Azerbaijan shall be objects of taxation.

Article 206. Tax rates

206.1. Except as provided for in Article 206.1-1 of this Code, the land tax rate for agricultural land shall be equal to 2 manats per each 100 m2.

206.1-1. Land tax rate for agricultural land, which is used for its intended purpose in accordance with certificate, issued by the relevant executive authority or the use of which can not be intended for irrigation, melioration and other agro-technical reasons, shall be fixed at the rate of 0.06 manat for 1 conventional point. Agricultural lands, used as intended or the use of which for intended purpose is impossible, shall be determined in the manner and on the basis of the criteria, approved by the relevant executive authority.

206.2. Conventional points shall be determined by the relevant executive authority with consideration of evaluation procedures depending on the purpose, geographical location and the quality of agricultural lands in administrative regions.

206.3. With the exception of land provided for in Article 206.1 and 206.1-1 of this Code, for every 100 square meters of land, the rates specified in the following table shall apply:

Areas

Industrial, construction, transport, telecommunications, trade and housing servicing and other dedicated lands (in manats)

Lands of housing funds, agricultural lands and lands occupied by summer cottages of citizens (in manats)

up to 10000 м2

for part exceeding 10000 м2

up to 10000 м2

for part exceeding 10000 м2

Baku city, as well as its settlements and villages

10

20

0,6

1,2

Gyanja, Sumgait, Khyrdalan cities and settlements and villages of Absheron region

8

16

0,5

1,0

Other cities and regional centres

4

8

0,3

0,6

Cities of regional subordination, settlements and villages

2

4

0,1

0,2

Article 207. Tax privileges

207.1. The following shall be exempt from the payment of tax on land:

207.1.1. commonly used land belonging to populated areas;

207.1.2. lands owned or used by government authorities and local management authorities, budget funded organizations, Central Bank of the Republic of Azerbaijan and its structures, public legal entities, established on behalf of the state (except for land used for business purposes), as well as the State Oil Fund of the Republic of Azerbaijan;

207.1.3. land pertaining to the state, forest and water reserves, as well as land located under the Azerbaijani sector of the Caspian Sea, that were not handed over to individuals and legal entities;

207.1.3. lands of state, forest and water funds, lands under the sector of the Caspian Sea (lake) belonging to the Republic of Azerbaijan ;

207.1.4. state border lines and lands designated for defense purposes.

207.2. The amount of tax for lands owned by persons stipulated in article 102.2. of this Code, shall be reduced by 10 manats.

207.3. Legal entities and individuals engaged in entrepreneurial activities without forming a legal entity, being a resident of industrial or technology parks created in accordance with the decision of the relevant executive authorities are exempt from tax on land in the industrial or technology parks for 7 years from the reporting year of registration in the industrial or technology park in accordance with the law.

207.4. Management company or operator of industrial or technology parks, established in accordance with the decision of the relevant body of executive power are exempt from paying taxes on land using in the industrial or technology parks.

207.5. A legal entity and private entrepreneur, received the investment promotion certificate, are exempt from paying land tax for the relevant land in their ownership or use within 7 years from the date of receipt of this document.

207.6. SME cluster companies are exempt from land tax for land owned or used for 7 years from the date of entry into the Register of SME Cluster Companies.

207.7. The body (structure), determined by the relevant executive authority, within the framework of the resolution and measures to rehabilitate the banks that have lost their solvency, for the land, purchased on the basis of the decision of the body (structure), determined by the relevant executive authority, in exchange for problem assets (debts) and his property (on the balance sheet), is exempt from land tax from January 1, 2019.

Article 208. Procedure for the calculation and payment of tax on land

208.1. The land tax shall be established on the basis of documents that confirm the right of ownership and use of lands. For lands with located structures and facilities as well as plots necessary for sanitary protection of facilities the land tax shall be paid.

208.2. Enterprises shall annually calculate tax on land on the basis of the sizes of the land spot and the tax rates, and submit such tax returns to tax authorities not later than May 15 of each year. The amount of land tax paid in such manner shall be included in deductions from income that shall not be limited by article 119 of this Code.

208.3. Relevant agencies shall calculate tax on land on individuals annually before July 1 of and submit the payment notifications not later than August 1.

208.4. for land plots intended for placement of structures owned by the number of legal or individuals, the tax shall be calculated separately, proportional to areas of structure owned by such parties.

208.5. Tax shall be paid, in equal portions, before August 15 and November 15. If the land tax was not paid by previous owner of the land, it shall be paid by the new owner of land plot by the date established in this Article.

208.6. Land tax from enterprises and individuals in the case provided for in Article 206.1 of this Code, shall be paid to the state budget, and the land tax from individuals in other cases - to the local budget (municipal budget).

208.7. Amount of land tax calculated for land used by individuals for the purposes of entrepreneur activities as well as land owned by legal entities, shall be considered as deductions from profits, not limited by Article 119 of this Code. 

Chapter XV. Taxes to the Road Fund

Article 209. Taxpayers

Non-resident persons being owners of motor transport facilities imported into the territory of the Republic of Azerbaijan and being used for transportation of passengers and goods from the same territory, as well as persons engaged in production or import of motor petrol, diesel fuel and liquid gas in the Republic of Azerbaijan shall be payers of the road tax. 

Article 210. Taxable base

Transport facilities of a foreign country to be imposed the road tax while entering the territory of the Republic of Azerbaijan and leaving the territory of the Republic of Azerbaijan, as well as motor petrol, diesel fuel and liquid gas produced on the territory of the Republic of Azerbaijan and directed to domestic consumption (whole-sold) and imported into the territory of the Republic of Azerbaijan shall be subjects for imposition of the road tax. 

Article 211. Road tax rates

211.1. Road tax for motor transport means of foreign states, entering of the Republic of Azerbaijan and leaving the territory of the Republic of Azerbaijan, is calculated dependent on the type, engine cubic capacity and length of stay of vehicles in the territory of the Republic of Azerbaijan, number of seats, number of axles and the total weight of the vehicle with its cargo, distance on the territory of the Republic of Azerbaijan, transportation of hazardous materials, as well as for motor petrol, diesel fuel and liquid gas produced on the territory of the Republic of Azerbaijan and directed to domestic consumption (whole-sold) and imported into the territory of the Republic of Azerbaijan in accordance with following rates:

211.1.1. from motor transport means of foreign states, involved to road tax payment on entry into the territory of the Republic of Azerbaijan and the exit from the territory of the Republic of Azerbaijan in cases corresponding to Article 211.1.1 of this Code:

211.1.1.1. for motor cars, depending on engine cubic capacity and duration of presence in the territory of the Republic of Azerbaijan:

Period of presence on territory

With engine cubic capacity up to 2000 cc

With engine cubic capacity from 2000 to 4000 cc

With engine cubic capacity over 4000 cc

Up to 1 month

15 dollars USA

20 dollars USA

40 dollars USA

Up to 3 months

30 dollars USA

40 dollars USA

60 dollars USA

Up to 1 year

40 dollars USA

80 dollars USA

120 dollars USA

Over 1 year

40 dollars USA + 0,5 dollars USA for each day of stay over 1 year

80 dollars USA + 0,6 dollars USA for each day of stay over 1 year

120 dollars USA + 1,2 dollars USA for each day of stay over 1 year

211.1.1.2 For buses dependent on number of seats and period of presence on the territory of the Republic of Azerbaijan:

Period of presence on territory

With number of seats up to 12

With number of seats from 13 to 30

With number of seats from 31 and more

For 1 day

15 dollars USA

20 dollars USA

25 dollars USA

Up to 1 week

30 dollars USA

40 dollars USA

50 dollars USA

Up to 1 month

100 dollars USA

140 dollars USA

175 dollars USA

Up to 3 months

300 dollars USA

400 dollars USA

500 dollars USA

Up to 1 year

1050 dollars USA

1400 dollars USA

1750 dollars USA

Over 1 year

1050 dollars USA + 12 dollars USA for each day of stay over 1 year

1400 dollars USA + 15 dollars USA for each day of stay over 1 year

1750 dollars USA + 20 dollars USA for each day of stay over 1 year

211.1.1.3 for trucks, trailer transport means dependent on number of axis and period of presence on the territory of the Republic of Azerbaijan:

Period of presence on territory

Number of axis up to 4 (four)

Number of axis of 4 (four) or more

For 1 day

20 dollars USA

30 dollars USA

Up to 2 weeks

40 dollars USA

80 dollars USA

Up to 1 month

140 dollars USA

280 dollars USA

Up to 3 months

400 dollars USA

800 dollars USA

Up to 1 year

1400 dollars USA

2800 dollars USA

Over 1 year

1400 dollars USA + 15 dollars USA for each day of stay over 1 year

2800 dollars USA + 30 dollars USA for each day of stay over 1 year

211.1.1.4. The total amount of road tax for vehicles of foreign countries entering the territory of the Republic of Azerbaijan and staying in the country over the period specified in the declaration, to be paid according to the excessive time spent in the country at the exit from the territory of the Republic of Azerbaijan shall be calculated by deducting from the amount of road tax, calculated in accordance with Articles 211.1.1.1, 211.1.1.2 and 211.1.1.3 of this Code, of the amount of road tax, calculated at the entry into the country.

211.1.1.5. In cases when the exemption from road tax is stipulated for vehicles of foreign countries entering the territory of the Republic of Azerbaijan with "Permissive" forms, exchange of which is produced within the framework of quotas under the current intergovernmental agreements on international road transport between the Republic of Azerbaijan and foreign countries, after 30 days from the moment of entry depending on the over-stay in the country, they are involved in road tax payment in accordance with Articles 211.1.1.2 and 211.1.1.3 of this Code.

211.1.2. The road tax for motor petrol, diesel fuel and liquid gas produced on the territory of the Republic of Azerbaijan and directed to domestic consumption (whole-sold) and those imported into the territory of the Republic of Azerbaijan shall be calculated by adding 0.02 manats to the wholesale price (including VAT and excise tax) of each litre thereof. The road tax for imported motor petrol, diesel fuel and liquid gas shall be calculated by adding 0.02 manats to the customs value (including VAT and excise tax) of each litre thereof, that is not lower than the wholesale price of each litre thereof.

211.2. Tax, stipulated in Article 211.1.1.3 of this Code on the movement of heavy and oversized vehicles and transportation of cargo shall be paid at the following rates per 1 kilometer of the road in the territory of the Republic of Azerbaijan:

211.2.1. Total weight of a transport facility together with the cargo:

  • From 38 to 41 tons- $ 0.15 USA
  • From 41 to 51 tons- $ 0.30 USA
  • From 51 to 61 tons- $ 0.45 USA
  • From 61 to 71 tons- $ 0.60 USA
  • From 71 to 81 tons-$ 0.75 USA
  • more than 81 tons- $ 1.8 USA

211.2.2. If the weight of cargo per axle exceeds the limit allowed in accordance with the behind-the-axle distance, additional tax shall be imposed in the following manner:

  • up to 20% - $ 0.5 USA
  • - from 21 to 50% - $1.0 USA
  • from 50 to 70% - $2.0 USA

211.3. The tax amount specified in Article 211.1.1.3 of this Code for the transportation of dangerous cargo shall be increased as follows:

Period of presence on territory of the country

Number of axis up to 4

Number of axis up to 4 and more

for cargo involving little danger

for dangerous cargo

for cargo involving special danger

for cargo involving little danger

for dangerous cargo

for cargo involving special danger

for 1 day

20 US dollars

40 US dollars

80 US dollars

30 US dollars

60 US dollars

120 US dollars

up to 2 weeks

40 US dollars

80 US dollars

160 US dollars

80 US dollars

160 US dollars

320 US dollars

up to 1 month

140 US dollars

280 US dollars

560 US dollars

280 US dollars

560 US dollars

1120 US dollars

up to 3 months

400 US dollars

800 US dollars

1600 US dollars

800 US dollars

1600 US dollars

3200 US dollars

up to 1 year

1400 US dollars

2800 US dollars

5600 US dollars

2800 US dollars

5600 US dollars

11200 US dollars

over 1 year

1400 US dollars +15 US dollars for each day of stay over 1 year

2800 US dollars +30 US dollars for each day of stay over 1 year

5600 US dollars + 60 US dollars for each day of stay over 1 year

2800 US dollars +30 US dollars for each day of stay over 1 year

5600 US dollars +60 US dollars for each day of stay over 1 year

11200 US dollars +120 US dollars for each day of stay over 1 year

211.5. Depending on the time duration on the territory of the Republic of Azerbaijan the amount of tax calculated in accordance with articles 211.1.2., 211.1.3. and 211.4. of this Code for automobile transport means specified in articles 211.1.2. and 211.1.3. of this Code shall be increased for each day at following rates:

    • From 2 to 7 days- 20%;
    • From 7 to 30 days- 30%;
    • More than 30 days- 40%.

211.4. Control of the road tax calculated for motor petrol, diesel fuel and liquid gas produced on the territory of the Republic of Azerbaijan and directed to domestic consumption (whole-sold) shall be effected by state tax authorities, and control of calculation and payment of the road tax for motor petrol, diesel fuel and liquid gas imported into the territory of the Republic of Azerbaijan shall be effected by customs authorities.

Article 212. Road tax deduction

212.1. Tax for motor transport means of foreign states, established in accordance with Article 211.1 of this Code, is deducted by customs authorities in the entrance of these motor transport means to the customs territory of the Republic of Azerbaijan and if involved to road tax payment when leaving the territory of the Republic of Azerbaijan in accordance with Article 211.1.1 of this Code, and within one banking day is transferred to the state budget.

212.2. In the event of non-submission of documents, verifying the payment of annual road tax in accordance with procedures, specified in the Article 212.4 of this Code, registration, re-registration and technical check of motor transport by the relevant executive power authority, which implements the state registration of motor transport means, is not implemented.

212.3. Persons dealing with production of motor petrol, diesel fuel and liquid gas on the territory of the Republic of Azerbaijan shall calculate the road tax on a monthly basis and pay to the state budget not later than the 20th day of the following month, by submitting a road tax declaration on the form set by the relevant executive authority.

212.4. individuals, who own or use motor transport means on the territory of the Republic of Azerbaijan, shall pay the annual road tax to the state budget during the technical check of automobiles.

212.5. Information on newly registered transport means or transport means the registration of which was cancelled, every quarter no later than by 20th of each month, following the reporting quarter, submitted to the relevant executive authority, which implements the state registration of motor transport, to the relevant executive authority in accordance with the form, determined by the relevant executive authority.

212.6. Trucks, trailers and semi-trailers of foreign countries will be exempted from road tax for 3 years since 1 June 2016 in the order, established by the relevant executive authority in the following cases:

212.6.1. while railway cargo, transporting to other country from the nearest customs point by loading into trucks, vehicles with trailers and semi-trailers of the foreign countries in the end railway station on the territory of the Republic of Azerbaijan, determined by relevant executive power;

212.6.2. while transporting cargo by foreign countries' trucks, vehicles with trailers and semi-trailers from the territory of other country to the first railway station on the territory of the Republic of Azerbaijan determined by relevant executive power, passing the nearest customs point. 

Article 213. Royalty (Mining Tax)

Royalty shall be paid with a view to rational use of subsurface resources in the territory of the Republic of Azerbaijan and on the Caspian shelf.

Article 214. Taxpayers

Payers of royalty are the physical entities and enterprises extracting the minerals from subsurface strata of the earth on the territory of the Republic of Azerbaijan (including Caspian sea sector belonging to the Republic of Azerbaijan).

Article 215. Taxable Base

Minerals extracted from subsurface strata in the territory of the Republic of Azerbaijan, including the portion of Caspian Sea belonging to the Republic of Azerbaijan.

Article 216. Tax rates

216.1. Royalty is established dependent from the type of produced natural resources, with application to wholesale price, as follows:

Name of natural resources subject to royalty

Royalty rates (in percents)

Crude oil

26

Natural gas

20

Mining natural resources:

All types of metals

3

216.2. Royalty is calculated for each cubic meter dependent on the following types of produced natural resources at following rates:

Names of natural resources, subject to royalty tax

Royalty tax rates (in manats)

Non-metallic natural resources:

 

Zeolite

1,0

Barite

1,0

Sawn stone

2,0

Gravel

1,0

Clays for production of light fillers (claydite, nodulizer)

1,0

Bentonite clays

1,0

Brick and tile clays

1,0

Volcanic ash and pumice

1,0

Quartz sands

1,0

Construction sands

1,0

Cement stuff (limestone, marl-clay, volcano ash)

1,0

Mask stones (marble, gabbro, tuffs, travertine, marbled limestone)

1,0

Precious and semi precious jewelry stones

6,0

Salt

6,0

Iodine bromine mixed waters

0,04

Mineral waters

10,0

 

Article 217. Procedure for calculating tax, term for its payment and submission of the tax return

217.1. Tax on trade shall be calculated on minerals stipulated in Article 216.1 hereof- with application of the appropriate tax rates to the wholesale price of minerals mined from the subsurface of the earth, and on minerals stipulated in Article 216.2 hereof - with application of the appropriate tax rates to each cubic meter of minerals mined from the subsurface of the earth

217.2. Royalties shall be paid after the extraction of a product on a monthly basis on no later than 20th day of the month following the accounting month.

217.3. Payers of royalties shall submit tax returns on a monthly basis no later than the 20th day of the month following the accounting month, on the mining tax to the tax authorities, on taxes to be paid to local budgets- to municipalities.

217.4. The amount of tax calculated in accordance with procedures stipulated by this Article shall be considered as deductions not limited by Article 119 of this Code.

217.5. The mining tax (with exception of mining tax on construction materials of local importance) shall be paid to the state budget. The mining tax on construction materials of the local importance shall be paid to the local (municipal) budget.

Ceramide clays, mortar sand, raw materials from high-strength crushed stone are considered as the construction materials of local importance.

217.6. When calculating the mining tax in accordance with article 217.1. of this Code for the production of oil and gas, the volumes of oil and gas re-injected back to well due to the technological processes shall be deducted from the volumes of oil and gas produced in accordance with regulations established by relevant authorities of executive power.

Chapter XVII. Simplified tax

Article 218. Payers of Simplified Tax

218.1. Persons who have the right to become payers of simplified tax:

218.1.1. entities, who are not registered for VAT purposes in view of the provisions of Chapter XI of this Code and whose volume of taxable transactions in any month (months) during a consecutive period of 12 months does not exceed 200,000 manats;

218.1.2. entities, involved in trading and (or) public catering activities, whose volume of taxable transactions in any month (months) during a consecutive period of 12 months exceeds 200,000 manats;

218.1.3. entities involved in construction of buildings (legal or individuals, who at the expense of their own or raised funds, by means of its own resources or through the involvement of the specialized professional customer or contractor, built the building to meet the individual (personal) needs of the population or for commercial purposes, and who are the owners of this building or completed structure).

218.2. A taxpayer who has the right to be the payer of the simplified tax (with exception of taxpayers, stipulated in Article 218.4 of this Code), no later than 20 April of each year, submits the respective declaration or written notice of the fact that he do not use the right noted in article 218.1 of this Code, to the tax authority, where he is registered. Unless otherwise is stipulated in this Code, the taxpayer is not entitled to change the chosen method until the end of the calendar year. If the taxpayer does not submit the declaration or written notice within the mentioned period, the tax authority will apply the method chosen by the taxpayer in the previous fiscal year. The taxpayer starting a new activity during year, applies the method, specified by him in the application for tax registration.

218.3. The person referred to in Article 218.1.3 of this Code, within 30 days from the start of construction and installation work is required to notify the relevant executive authority on the chosen method of taxation. In this case, the person is not entitled to change the chosen method of taxation until the completion of these construction and installation works.

218.4. Notwithstanding the provisions of Article 218.1 of this Code, the following persons are the payers of simplified tax:

218.4.1. pursuant to provisions of Article 156 of this Code, persons engaged in the passengers and cargo transportation (including by taxi) in the territory of the Republic of Azerbaijan using their own motor vehicles or motor vehicles their in use (with the exception of international cargo and passenger transportation), or performing such transportation based on agreement through other persons;

218.4.2. persons who are the operators and sellers of betting games, conducted in connection with sports games;

218.4.3. persons engaged in the provision of their own residential and non-residential premises (except in the case of the residential in which the individual has registered place of residence for at least five (5) years, and the provision in the cases provided for in Articles 102.1.3.2, 102.1.18, 106.1.16, 144.1.1 and 144.1.2 of this Code);

218.4.4. individuals engaged in activities provided for in Article 220.10 of this Code, in private, with the exception of individuals, attracting workers during activity;

218.4.5. persons engaged in the provision of land plots, owned by them (except of cases provided for in Articles 102.1.3.2, 102.1.18, 106.1.16, 144.1.1 and 144.1.2 of this Code).

218.5. The following persons do not have the right to be simplified taxpayer:

218.5.1. entities, producing excisable and subject to compulsory labeling goods;

218.5.2. credit organizations, professional participants of the insurance market, investment funds and administrators of these funds, persons licensed in the securities market, pawnshops;

218.5.2-1. provisions of articles 218.5.2 and 218.5.10 of this Code do not apply to insurance agents providing services under compulsory insurance contracts;

218.5.3. non-governmental pension funds;

218.5.4. persons, receiving income from the lease of property and royalty,

218.5.5. natural monopoly subjects established by the relevant executive authority;

218.5.6. persons, with the depreciated value of fixed assets owned by them at the beginning of the year exceeding 1.000.000 manats (except persons specified in Articles 218.1.2, 218.1.3 and 218.4 of this Code);

218.5.7. legal entities of public law;

218.5.8. persons, engaged in manufacturing business with an employee headcount exceeding 10 persons;

218.5.9. persons, providing goods in the course of wholesale business;

218.5.10. persons who provide services other than services rendered to persons (population), not registered with the tax authority as a taxpayer (except for the provision of services by persons provided for in Articles 218.4.1 and 220.10 of this Code);

218.5.11. persons selling gold, jewelry and other household items, as well as diamond (processed, sorted, framed and fixed and unprocessed, unsorted, unframed and unfixed diamond);

218.5.12. persons selling leather and fur products;

218.5.13. persons engaged in a type of activity requiring a license, except for persons engaged in building construction and providing services under compulsory insurance contracts. 

Article 219. Subject of taxation

219.1. The gross volume of cash flow obtained for goods (works, services) and property provided by the taxpayer (with exception of taxpayers, stipulated under Article 218.4 of this Code) (with exception of taxpayers, engaged in activities stipulated under Article 218.2 of this Code), as well as non-sale incomes (excluding income from which the tax was withheld at the source of payment) within reporting period shall be subject to taxation.

219.2. Motor transports, owned or used by taxpayers, specified in Article 218.4.1 of this Code, are subject to taxation.

219.3. For those engaged in construction of buildings, the object of taxation is residential and non-residential building under construction, except for the part allocated to the state, including premises of detached private, individual residential and holiday homes, constructed for provision. For the purposes of this article, the total area of each floor of constructing building is subject to taxation.

219.3-1. With regard to the persons specified in Article 218.4.3 of this Code, the objects of taxation are residential and non-residential premises under their ownership, including residential and non-residential premises purchased from the persons engaged in construction of buildings.

219.3-2. For the persons, referred to in Article 218.4.5 of this Code, land plots under their ownership, are subject to taxation.

219.4. For the operator of betting games, conducted in connection with sports games, the object of simplified taxation are funds received from participants of the competition, and for the seller of betting games, conducted in connection with sports games - commissions given to him by the operator.

219.5. A legal entity, paying simplified tax, is not a payer of VAT, profit tax and property tax, and the individual (including individual, engaged in entrepreneurial activity without establishing a legal entity) - is not a payer of income tax and VAT.

219.6. Legal entities paying simplified taxes in accordance with Article 218.1.1.2 of this Code shall not be subject to profit tax as per such activity and property tax, and individuals performing entrepreneur activities without formation of legal entity shall not be the payers of income tax for such operations.

219.7. Volume of production of agricultural products (including by industrial process) from the sale of agricultural products produced by them, is not included in the object of taxation under the simplified tax within 10-year period beginning from 1 January 2014.

219.8. Preschool educational institutions and orphanages are exempt from the simplified tax for 10-year period from 1 January 2014.

219.9. The amount of tax payable to the state budget by simplified tax payers engaged in goods retail and/or catering business, from January 1, 2019, is reduced by 25 percent of the tax set in accordance with the specific weight in the total income of payments made cashless via POS terminals, established by the Law of the Republic of Azerbaijan "On Protection of Consumers Rights" for a period of 3 years.

In determining the right to receive such benefits, the amount of payments made by persons registered with the tax authority via POS terminal is not taken into account;

219.10. Income from writing off tax debts to the state budget in cases stipulated by law is exempt from simplified tax.

219.11. Dividends paid to persons who are founders (stockholder) or shareholders of a resident company which keeps records of income and expenses in the manner prescribed by this Code, is not registered for VAT purposes and has the volume of operations below 200,000 manats in any month(s) of a consecutive 12-month, is exempt from the simplified tax. 

Article 220. Simplified tax rate

220.1. Simplified tax (except for taxpayers engaged in activities stipulated in Article 218.4 of this Code and taxpayers referred to in Article 218.1.2) is calculated from the amount of funds (total production), received from the provision of goods, performance of works, rendering services by taxpayers of this tax, and non-operating income at a 2 percent rate.

220.1-1. The persons referred to in Article 218.1.2 of this Code, shall calculate the simplified tax on objects of taxation, established by Article 219.1 of this Code (except for the sales turnover of goods whose prices are regulated by the relevant executive authority), at 8 percent rate:

220.1-1.1. trading activity - 6 percent;

220.1-1.2. public catering activity - 8 percent.

220.2. For taxpayers involved in activities in cities and regions of the Republic of Azerbaijan, with exception of Baku, including Nakhichevan Autonomy Republic, the tax rate established shall be applied only when taxpayers are engaged in activities on these territories using their own production facilities, property and labour.

220.3 Payers of simplified tax registered for taxation purposes in cities and regions of the Republic of Azerbaijan, in Nakhichevan Autonomy Republic, but engaged in activities in the city of Baku shall be subject for payment of simplified tax established for the city of Baku.

220.4. On profits established for various tax rates, control shall be conducted separately. The highest tax rate shall be applied in the event of failure to maintain such control.

220.5. Simplified tax for taxpayers engaged in passenger and cargo transportation by automobile transport, is determined as follows:

Type of transportation

Unit of measurement applied by simplified tax

Monthly amount of simplified tax (in manats)

Passenger transportation (with exception of taxis), by the number of seats:

1 seat

1.8

Passenger transportation by taxi

1 unit of transport

9.0

Cargo transportation

Load capacity (each 1 ton)

1.0

220.6. Simplified tax for taxpayers, implementing passenger and cargo transportation, dependent on the type and territory of operations, is determined with application to the amount of simplified tax, specified in Article 220.5 of this Code, of following rates:

220.6.1. in the city of Baku (including villages and districts) and between Baku and other settlements of the country - 2.0;

220.6.2. Absheron region, in the cities of Sumgayit, Gyandja and between this region and cities and other settlements of the country (with exception of those specified in Article 220.6.1 of this Code) - 1.5;

220.6.3. In other cities and districts and between these cities and districts and other settlements (with exception of those specified in Articles 220.6.1 and 220.6.2 of this Code) - 1.0.

220.7. Number of seats in the automobile transports (with exception of taxis) or loading capacity, are determined by the registration certificate of the automobile transport.

If number of seats or load capacity of vehicles (with the exception of taxis) have not been mentioned on the registration certificates of the vehicles, such data shall be determined based on the certificates given to tax authorities by the appropriate executive authority. In the event that it was impossible to determine the number of seats on the basis of the registration certificate of the vehicle or according to the certificates given by the appropriate executive authority, then amount of the simplified tax shall be determined based on the actual number of seats.

220.8. Simplified tax is calculated in the order established by this article: in respect of entities engaged in activities for the construction of buildings in the amount of 45 manats for each square meter of taxable object, referred to in Article 219.3 of this Code; in respect of entities referred to in Article 218.4.3 of this Code in the amount of 15 manats for each square meter of taxable object referred to in Article 219.3-1 of this Code.

Simplified tax for persons referred to in Article 218.4.5 of this Code shall be calculated in the manner prescribed by this Article, in the amount of 0.5 manats for each square meter of land, referred to in article 206.3 of the present Code. When calculating the simplified tax for agricultural land, the zonal coefficients for the territory where the land is situated established by this Article, shall not apply.

For the persons referred to in Article 218.4.5 of this Code, a simplified tax for agricultural land is calculated at two-times of the amount of land tax, assessed in accordance with Article 206.1-1 of this Code.

220.8.1. If the building and land plot are located in the city of Baku and its settlements and villages, then the following coefficients depending on zones (locations) established by the relevant executive authority shall be applied to the amount of simplified tax, determined in this Article:

Zones

Coefficient by territory where the building construction activities have actually been carried out
(actual location of the building and land plot)

1

4,0

2

3,0

3, 4

2,2

5, 6

1,8

7, 8, 9

1,5

10, 11, 12

1,2

220.8.2. if it is located in Gyandja, Sumgait and Khyrdalan cities then 1.5 coefficient is applied to the amount of the simplified tax established by this article;

220.8.3. if it is located in the settlements and villages of Absheron region (except for Khyrdalan city), in Shirvan, Mingachevir, Nakhchivan, Lankaran, Yevlakh, Sheki and Naftalan cities, then 1.2 coefficient is applied to the amount of the simplified tax established by this article;

220.8.4. if it is located in other areas (cities) and settlements (villages), then 0.5 coefficient is applied to the amount of the simplified tax established by this article.

220.8-1. Simplified tax on non-residential premises of the constructing building for those, involved in construction of buildings, as well as simplified tax for the provision of non-residential premises of the buildings for the persons referred to in Article 218.4.3 of this Code shall be calculated by applying a coefficient of 1.5 to the amount calculated under Article 220.8 of this Code.

220.8-2. Simplified tax for persons, providing land for industrial, construction, transport, telecommunication, trade-consumer services and other dedicated lands, shall be calculated by applying 1.5 coefficient to the amount, calculated based on the second paragraph of Article 220.8 of the Code in the city of Baku and its settlements and villages, 1.3 coefficient in the cities of Gyanja, Sumgayit, Khirdalan, 1.2 coefficient in towns and villages of Absheron region, in the cities of Shirvan, Mingachevir, Nakhchivan, Lankaran, Sheki, Yevlakh and Naftalan and 1.1 coefficient in other areas (cities) and towns (villages).

220.9. Operator of betting games, conducted in connection with sports games calculates the simplified tax at the rate of 6 percent of the funds received from the participants in the game, and the seller of betting games, conducted in connection with sports games - at the rate of 4 percent of the commission given to him by the operator.

220.10. Simplified tax for individuals referred to in Article 218.4.4 of this Code, engaged in activities provided for in this Article privately (without the involvement of employees), is established as follows:

Activity name

Monthly fixed simplified tax
(in manats)

Master of weddings and other show events, musician, dancer, ashug, clown and other similar activities

30

Activities in the sphere of private photographic services, audio-visual services (except photographic studios)

30

Shoemaker, craftsman

5

Repair of watches, TV sets, refrigerators and other household appliances

10

Domestic worker in private homes and apartments, nursing services, care services for elderly and children, babysitting, private driver, household cleaning, gardener, cook, individuals (waiter), providing services to customers in catering facilities, guard and other similar works

10

The activity of engraving workshops

20

Person, engaged in hairdressing individually

15

Person, engaged in tailoring individually

10

220.11. Monthly tax for individuals engaged in activities, stipulated in Article 220.10 of this Code shall be established using the following coefficients:

220.11.1 in Baku (including villages and settlements) - 2.0;

220.11.2. in Gyanja, Sumgait and Khirdalan - 1.5;

220.11.3. villages and settlements of the Absheron district (except for the city of Khirdalan), in the cities of Shirvan, Mingachevir, Nakhchivan, Lankaran, Yevlakh, Sheki and Naftalan - 1.0;

- in other areas (cities) and towns (villages) - 0.5;

220.12. Withdrawal of funds from bank accounts in cash by legal entities and private entrepreneurs is subject to simplified tax at the rate of 1 percent. 

Article 221. Procedure for calculation of simplified tax, period of payment and submission of declaration.

221.1. The amount of simplified tax (with exception of taxpayers, stipulated under Article 218.4 of this Code) for the reporting period shall be calculated via application of tax rate stipulated under Article 220 of this Code to the gross volume of cash flow for reporting period.

221.2 Quarter shall be the reporting period for simplified tax regime.

221.3. Payers of simplified tax shall, no later than the 20th day of each month following the reporting period, submit to tax authorities the declaration on the amount of tax that shall be paid and make the tax payment to the state budget within same period.

In the event of the taxpayer's activity termination, liquidation of the legal entity - taxpayer or termination of individual entrepreneur's activity, the declaration shall be submitted to the tax authority within the period specified in this Code. In this case, the tax period covers the period from the beginning of the term, considered as accounting period till the day of termination of the taxpayer's activity, as well as liquidation of the legal entity - taxpayer or termination of individual entrepreneur's activity.

221.3.1. The entities referred to in Article 218.4.2 of this Code, calculate the simplified tax for the reporting quarter in accordance with Article 220.9 of this Code, and no later than the 20th of the month following that quarter, submit a declaration to the tax authorities in the form established by the relevant executive authority and pay the tax to the state budget.

221.4. Simplified tax for passenger and cargo transportation by the automobile transport is calculated as follows:

221.4.1. Simplified tax for each automobile transportation of the taxpayer, engaged in passenger and cargo transportation, is calculated by multiplication of the applied unit of measurement of simplified tax, specified in Article 220.5 of this Code, to the monthly amount of simplified tax, specified in this Article, as well as on rates, specified in Article 220.6 of this Code, and transferred to state budget.

221.4.2. Taxpayers, specified in Article 218.4.1 of this Code, shall pay the simplified tax, calculated for the territory of actual implementation of passenger and cargo transportation in accordance with Articles 220.5 - 220.7 of this Code, independent of the place of registration of the automobile transport.

221.4.3. During implementation of passenger and cargo transportation by the automobile transport, used under the power of attorney or leasing agreement or other property right, the responsibility for the payment of simplified tax lays with persons, who perform the operations of automobile transport under the power of attorney or leasing agreement or other property right. In all other cases, the responsibility for payment of simplified tax lays on the owner of transport.

221.4.4. During implementation of passenger and cargo transportation by automobile transport, owned by legal entities, by the legal entity itself, the simplified tax shall be paid by this legal entity.

221.4.5. Taxpayers, engaged in passenger and cargo transportation by automobile transport, do not submit to tax authorities the declaration on their operations, unless otherwise is stipulated under this Code.

221.4.6. Control over accurate calculation and timely payment to the state budget of the simplified tax by taxpayers, engaged in passenger and cargo transportation, shall be implemented by the relevant executive authority.

221.4.7. Persons, implementing passenger and cargo transportation by auto transport, shall by the end of calendar month obtain the "Distinguishing Sign", which is a form of strict accountability, for each vehicle, at the body (structure), determined by the relevant executive authority for the next month, quarter, half-year or year as per own wish.

The «Distinguishing Sign» shall be issued no later than within two business days upon the taxpayer's application in the form approved by the appropriate executive authority carrying out transportation policy.

To the application of taxpayer for obtaining of the «Distinguishing Sign» shall be attached the bank payment document, verifying the payment of simplified tax for this activity. In the bank payment document shall be specified the series and number of state registration license of automobile transport.

Legal entities and individuals engaged in business undertakings without having established a legal entity dealing with transportation of passengers and cargo shall be given «Distinguishing Sign» after they have fully paid the calculated tax amount to the State Budget. Taxes paid by persons dealing with transportation of passengers and cargo using vehicles shall neither be returned to them nor replaced with taxes for the next month, regardless of whether they were actually carried out such activities or not in that month.

In case of change of the owner or user of the vehicle, taxes paid for the next months by the previous owner or user for that vehicle shall be taken into consideration and official re-registration of the «Distinguishing Sign» confirming payment of taxes shall not be required.

221.4.8. Forms of the «Distinguishing Sign» and «Special Distinguishing Sign», specified in Article 221.4.9 of this Code, shall be determined by the appropriate central executive authority carrying out the transportation policy, and shall contain the following information:

221.4.8.1. full name of the taxpayer-legal entity, or name, middle name and family name of the individual;

221.4.8.2. taxpayer TIN;

221.4.8.3. effectiveness period of the sign;

221.4.8.4. model of the vehicle and its state registration sign;

221.4.8.5. number of seats or load capacity of the vehicle;

221.4.8.6. territory where the transportation is carried out;

221.4.8.7. amount of taxes paid.

221.4.9. Automobile transport used for transportation of employees and their luggage for provision of own operations by automobile transport, owned by the taxpayers, shall not be subject to simplified tax and for this transports the «Special Distinguishing Sign» is obtained.

«Special Distinguishing Sign» is issued by the relevant executive authority within five business days upon application of the taxpayer, having the automobile transport in possession. No payment is required for obtaining of «Special Distinguishing Sign».

Taxpayers, who received the «Special Distinguishing Sign», during sales or transfer of automobile transport under leasing, as well as in the event of changes to its applications, not stipulated under this Article, no later than in one business day in advance shall return the «Special Distinguishing Sign» to the issuing authority.

221.4.10. Upon the registration of new transport means used for transportation of taxpayer's employees and their luggage, owners of these automobile transport within five days shall submit the information to relevant executive authority in accordance with form, approved by the relevant executive authority.

221.4.11. Consideration of taxpayer incomes and expenditures, engaged, in addition to transportation of passengers and cargoes by automobile transport, other types of activities, shall be implemented separately for each types of activity.

221.4.12. Losses of the taxpayer, engaged in passenger and cargo transportation by automobile transport, shall not be assigned to profits from other entrepreneur activities.

221.4.13. «Distinguishing Sign» or «Special Distinguishing Sign» shall not be received for special purpose vehicles equipped with a special sign or equipments (except for such services rendered to them by other taxpayers within business activity), as well as vehicles intended for the official use of public authorities, budget organizations and local self-government bodies, Central Bank of the Republic of Azerbaijan, foreign contractors and sub-contractors acting within production sharing, main export pipeline and other similar types of agreements, state funds, diplomatic and consular representatives of foreign countries, representatives of international organizations, and owners of such vehicles shall inform the body (structure), determined by the relevant executive authorities about such vehicles.

The appropriate executive authority shall inform the appropriate executive authority till the 10th day of the next month about the signs given during the previous month.

221.5. Persons engaged in construction of buildings, shall calculate the simplified tax for each construction site in the quarter, when civil and erection works has been commenced, as per article 220.8 of this Code, and no later than 20th of following month of the quarter shall submit the declaration to the tax authority in the form specified by relevant executive authority.

Taxpayers specified in Article 218.1.3 of this Code independent of their place of registration as taxpayers, shall pay the simplified tax for the territory where actual operations are taking place on building construction (place of location of construction site), defined as per Article 220.8 of this Code.

Upon submission to tax authority of the declaration specified under this Article, calculated tax is paid to state budget in equal portions at the rate of 10 percent no later than by 20th of the month following the quarter, until fulfillment of all obligations.

221.6. Persons, specified in Articles 218.1.3 and 218.4 of this Code shall maintain the calculation of all profits and expenditures separately for each type of activity. Profits (losses) of these persons on these types of operations shall not be applicable to profits (losses) from other operations.

221.7. Entities, gaining income from the lease of property and royalty, engaged in other activities, in addition to mentioned, subject to the provisions of Articles 218.1, 218.2 and 218.3 of this Code, may apply the simplified tax on income earned from other activities. In this case, accounting of income and expenses from lease of property, royalties, and other activities shall be carried out separately for each activity type. If insurance agents that provide services under compulsory insurance agreements, along with this type of activity, also engage in other types of activity, then they are entitled to apply a simplified tax on the total volume of production under these agreements.

221.8. Simplified tax for the activities referred to in Article 220.10 of this Code, shall be calculated as follows:

221.8.1. Individuals referred to in Article 218.4.4 of this Code, shall calculate the simplified tax by multiplying the fixed tax amount specified in Article 220.10 of the present Code, by the coefficients mentioned in Article 220.11 of this Code and shall pay it to the state budget.

221.8.2. Individuals referred to in Article 218.4.4 of this Code, irrespective of the place of registration shall pay the simplified tax, determined in accordance with Articles 220.10 and 220.11 of this Code, as per territory where this activity is actually carried out. If an individual within the same period, carries out activity in the territories for which applies different coefficients, referred to in Article 220.11 of this Code, then in such case the amount of fixed tax, established for the territory for which the highest rate applies, will be paid.

221.8.3. If this Code provides otherwise, the individuals mentioned in Article 218.4.4, submit the declaration for this activity to the tax authority.

221.8.4. Control over the accuracy of calculation and timely payment of the simplified tax to the state budget by individuals referred to in Article 218.4.4 of this Code, shall be carried out by the relevant executive authority.

221.8.5. Individuals referred to in Article 218.4.4 of this Code, prior to the implementation of the activities provided for in Article 220.10 of this Code, are obliged to voluntarily receive from the relevant executive authority the "Receipt of payment of a fixed simplified tax" for the next month, quarter, six months or a year. The "Receipt of payment of a fixed simplified tax" shall be issued no later than two working days at the written request of the taxpayer and when applying by electronic order to be issued in real time.

221.8.6. At the written application of individuals referred to in Article 218.4.4 of this Code, for obtaining «Receipts for the payment of a fixed simplified tax", they shall enclose to the application a document confirming payment of simplified tax and in case of electronic application, to make payments electronically at the time of application. In the document on the payment must be indicated TIN of the taxpayer. The "Receipt of payment of a fixed simplified tax" shall be issued to individuals referred to in Article 218.4.4 of this Code, after the full payment of accrued tax to the state budget. The form of the "Receipt for payment of a fixed amount under the simplified tax" shall be determined by the relevant executive authority and contains the following data:

221.8.6.1. name, surname, patronymic of the individual, being the taxpayer;

221.8.6.2. TIN of the taxpayer;

221.8.6.3. expiration date of the receipt;

221.8.6.4. territory of activity;

221.8.6.5. amount of tax paid;

221.8.6.6. name of activity;

221.8.7. The "Receipt of payment of a fixed amount under the simplified tax" shall be kept by the taxpayer. Tax paid by individuals involved in the activities specified in Article 218.4.4 of this Code, irrespective of implementation or non-implementation of their activities during the term of the "Receipt for payment of a fixed simplified tax", is non-refundable and non-reimbursable by the taxes of the further periods (month, quarter, half-year and year).

221.8.8. Income received by individuals involved in the activities specified in Article 218.4.4 of this Code, for the services rendered by these activities outside the Republic of Azerbaijan, is subject to the appropriate taxes under the general procedure established by this Code.

221.8.9. When individuals referred to in Article 218.4.4 of this Code, are engaged in a number of activities specified in Article 220.10 of this Code, they shall get a "Receipt for payment of a fixed simplified tax" separately for each activity.

221.8.10. Tax compliance in a simplified order by individuals mentioned in the Article 218.4.4 of this Code, by obtaining a "Receipt for payment of a fixed simplified tax", does not relieve these persons from the commitment of submission to the buyer during cash payments of the corresponding checks (except for check-out apparatus), receipts and other accountable forms referred to in article 16.1.9 of this Code.

 

 

 

Unofficial translation

 



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Ministry of taxes of the Republic of Azerbaijan
2002 - 2019

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