Ref.¹ 2560/1
07.12.2001
To: Ashgabat and welayat
State tax services
Subject: about the order of financial sanctions calculation for
understating
(concealment) of calculated taxes and other obligatory payments into the budget
The Main State Tax Service of Turkmenistan with the purpose of uniform understanding
of rules of Decree of the President of Turkmenistan dated November 23, 2001
by ¹ 3506 "About the simplification of taxation and finance sanction application"
in field of application to enterprises, organizations, institutions and citizens
or understating (concealment) of calculated tax sums and other obligatory payments
into the budget, informs the follow:
By Decree of the President of Turkmenistan (reference to the letter of Main
State Tax Service of Turkmenistan dated November 30, 2001 by ¹2474/1) were made
the modifications in Rules on the Main State Tax Service of Turkmenistan, authorized
by Decree of the President of Turkmenistan dated January 6, 1992 by ¹ 250, in
accordance with which, starting from October 1, 2001 to the Main State Tax Service
of Turkmenistan, state tax services of welayats, etraps, towns and town etraps
is given the right to apply to enterprises, organizations, institutions and
citizens the financial sanctions for understating (concealment) of calculated
tax sums or other obligatory payments into the budget, arisen owing to minimizing
the tax basis by the taxpayer and other wrongful actions (inactivity) on tax
calculation (other obligatory payments into the budget), - the penalty at a
rate of 40% from understated (concealed) tax sum (other obligatory payments
into the budget).
The above mentioned financial sanction is applied also in case of tax sum compensation
(obligatory payment into the budget) from budget, arisen owing to wrongful actions
of taxpayer.
With the purposes of penalty size calculation the sum of understated tax(obligatory
payment into the budget) is defined with the account of unduly brought sums
of such or other tax (other obligatory payment into the budget) for the periods
since the date, determined for tax payment (obligatory payment into the budget)
till the day of such infringement revealing the following formula is appealed:
ÈÑ=(S Ï õ ÊÄ1)/ÊÄ2
Where ÈÑ - is unduly brought sum of such or other tax (other obligatory payments
into the budget), accepted for calculation of understated tax sum. For each
calendar date this sum is accepted not higher than the sum before the charging
tax;
Ï - payment sum;
ÊÄ1 - the quantity of days during which were made the overpayment;
ÊÄ2 - the quantity of days since the date of the tax obligation
occurrence, on which the charge about the day of such infringement is determined.
Example 1. In accordance with the submitted by taxpayer account for August,
2001 to the tax institution the additional cost tax is estimated in sum of 210
000 manat. By the documentary check, carried out by the tax institution on November
10, 2001 (date of infringement revealing-date of the check act drawing up),
was established that the tax is estimated in a smaller size and should make
430 mln.manat, that is tax understating is 220 mln. manat.
The date of occurrence of the tax obligation on additional cost tax payment
for August, 2001 is September 25. For the period since September 25 till November
10 (46 days) the taxpayer had been overpaid in the budget under this tax since
September 28 till September 30 in the sum of 200 mln. manat, since October 10
till October 20 in the sum of 150 mln. manat and under the tax to profit from
October 3 till October 9 in the sum of 100 mln. manat. By a settlement way we
determine the sum of overpayment, which should be taken into account for definition
of the financial sanctions, which will make 54,4 mln. manat (2 days õ 200 mln.
manat + 10 days õ 150 mln. manat + 6 days õ 100 mln. manat) /46). Thus, the
sum of the underestimated tax accepted for calculation of the penal sanctions
will be equal to 165,6 mln. manat (220 mln. manat - 54,4 mln. manat), and sum
of the penalty 66,3 mln. manat (165,6 õ 40 %).