Photo: Maria KhRUSTALEVA, neg.by
On October 3, 2022, in Moscow, following bilateral talks between the Prime Ministers of Belarus and Russia, Roman Golovchenko and Mikhail Mishustin, an Agreement was signed between the Russian Federation and the Republic of Belarus on the volume of measurements on apparent charges. The document, a resolution on the procedure for unifying the tax legislation of the allied countries, also agrees on the amount of interstate budget transfers to alleviate the Belarusian loss from the implementation of the tax maneuver.
Tax policy on contingent taxes – now with an eye on the Russian Federation
The signing of the Treaty is not a sudden step, its conclusion was announced back in August 2022 as a result of the implementation of one of the 28 Union programs, frequency by the Decree of the Supreme State Council of the Union State of November 4, 2021. The main goal of the signed document was the harmonization of the tax legislation of Belarus and Russia , as well as deepening cooperation in the tax sphere.
According to the document, the signatory countries must, by January 1, 2023, present their tax legislation regarding the procedure for collecting VAT and excises, at the beginning with the provisions of the agreement. Thus, excise rates on a wide range of goods and services
must be not less than the size of the minimum rates entered in the appendix to the document. At the same time, the Agreement provides for a gradual increase in excise rates for the entire list of excisable goods. For some positions, the changes can be quite significant. For example, analysis of the draft contract,
published Russia, shows that excises on cigarettes of the 1st price category for 2023 can grow from 1311 to 2254 rubles. per thousand, which corresponds to 55.60 and 95.60 BYN (now the excise rate for this category of goods is 43.56 BYN). ).
Similar to the terms of the Agreement, it is stipulated that the general VAT rate should not be lower than 20%, and the estimated rate should not be lower than 10%. At the same time, the Agreement establishes the right of the party to raise VAT rates, incl. in relation to certain transactions (turnovers) or categories of taxpayers. In addition, the lists of transactions (turnovers) that are exempt from VAT or subject to VAT at the tax rate are applied, which are common for the two countries. Bringing the Belarusian national legislation in line with the Agreement on Increasing the Rates of Tax Fees, Primarily Excises, as well as Revising the Grounds for Increasing Tax Benefits.
Cross-border transactions are taken under special control
The agreement also provides for the creation of a unified system of administrative taxation. This information system was developed by the Russian tax authority and transferred to free use by the Belarusian tax authority. The system will use information on the transactions of VAT taxpayers of the two countries registered with the tax authorities as of January 1, 2023.
It is necessary for end-to-end analysis of VAT data, as well as for exceptional cases related to the investigation of individual cases of tax legislation. In addition, the agreement provides for the creation of a supranational tax committee, which will take into account compliance with all agreements.
Intergovernmental transfers as management
The agreement provided by the Russian Federation to the Republic of Belarus of interstate budget transfers as the implementation of the Belarusian tax function from the implementation in Russia of the so-called maneuver, as a result of which Belarus was forced to buy Russian oil at prices close to world ones. The amount of these transfers is calculated according to the original formula, taking into account the URALS oil quotation prevailing on the international market, as well as coefficients that reflect the volume of probabilities and the basket of petroleum products of Belarusian refineries. Transfers are made in US dollars to the account of the Ministry of Finance in the National Bank. The solution of this issue is an unequivocal victory for Belarusian diplomacy, but we have yet to figure out how to reach a compromise.
revealing that the transfer of transfer funds to the Russian border is directly linked to the fulfillment by Belarusian obligations under the partial security agreement to the rates and procedure for collecting tax fees, as well as the completeness and reliability of information provided in the information system. In other words, the Russian Federation stands for the right to choose from the transfer of transfers in case of exceptions allowed by the Republic of Belarus.
Despite the declared goal of unifying tax legislation, the document looks more like maintaining the Belarusian tax legislation as part of the initiative in the broadest possible way. The parties chose the most suitable aspects of tax regulation, and the Belarusian side linked this issue to a specific issue for our country, the issue of providing compensation for the export of the “tax maneuver”. A full assessment of the tax consequences can be made after the introduction of amendments to the Tax Code of the Republic of Belarus, but already now we can say that excise rates for a number of goods will be changed in the opposite direction.
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