RESOLUTION OF THE MINISTRY OF FINANCE OF THE REPUBLIC OF UZBEKISTAN, STATE TAX COMMITTEE OF THE REPUBLIC OF UZBEKISTAN

of March 3, 2022 No. 5, on February 26, 2022 No. 2022-06

About modification and amendments in the Resolution "About Approval of the Regulations on Procedure for Application of Privilege on Income Tax regarding the Means Directed to Payment for Training in Higher Educational Institutions of the Republic of Uzbekistan"

According to the Tax code of the Republic of Uzbekistan, the Presidential decree of the Republic of Uzbekistan of March 23, 2021 No. UP-6191 "About Additional Measures for Further Creating Favorable Conditions for the Population and Subjects of Entrepreneurship when Using of the State Services, to Reducing Bureaucratic Barriers in This Direction" and the resolution of the President of the Republic of Uzbekistan of October 22, 2021 "About measures for further enhancement of conducting anti-corruption examination of regulatory legal acts and their projects" the Ministry of Finance and the State Tax Committee of the Republic of Uzbekistan decide No. PP-5263:

1. Make changes and additions to the resolution of the Ministry of Finance and State Tax Committee of the Republic of Uzbekistan of March 24, 2010 No. 24 and 2010-15 "About approval of the Regulations on procedure for application of privilege on income tax regarding the means directed to payment for training in higher educational institutions of the Republic of Uzbekistan" (рег. No. 2107 of May 27, 2010) (Collection of the legislation of the Republic of Uzbekistan, 2010, No. 21, the Art. 169), according to appendix.

2. This resolution becomes effective from the date of its official publication.

Appendix

to the Resolution of the Ministry of Finance of March 3, 2022 No. 5, the State Tax Committee of the Republic of Uzbekistan of February 26, 2022 No. 2022-06

Changes and additions made to the resolution "About Approval of the Regulations on Procedure for Application of Privilege on Income Tax regarding the Means Directed to Payment for Training in Higher Educational Institutions of the Republic of Uzbekistan"

1. In the name and Item 1 of the word "in higher educational institutions of the Republic of Uzbekistan" shall be replaced with words "in the professional and highest educational organizations of the Republic of Uzbekistan".

2. State preamble in the following edition:

"According to the Tax code of the Republic of Uzbekistan and article 7 of the Law of the Republic of Uzbekistan "About the State Tax Service" the Ministry of Finance and the State Tax Committee of the Republic of Uzbekistan decide:".

3. In the Provision:

a) in the name of the word "in higher educational institutions of the Republic of Uzbekistan" shall be replaced with words "in the professional and highest educational organizations of the Republic of Uzbekistan";

b) Items 1 - 3 to state in the following edition:

"1. According to the Tax code of the Republic of Uzbekistan since January 1, 2010 also other income of citizens, taxable, directed to payment for training (the, and also the children or the spouse (spouses) - aged up to twenty six years) in the professional and highest educational organizations of the Republic of Uzbekistan are not subject to the taxation income tax of wages amount.

2. The privilege on income tax specified in Item of 1 this provision is provided in the form of reduction of the income of physical persons, taxable (further - the tax deduction), on the amount of the funds allocated for payment for the training, and also training of the children or the spouse (spouses) - aged up to twenty six years (further - payment for training) in the professional and highest educational organizations of the Republic of Uzbekistan.

3. The highest educational organization for the purpose of this provision, is understood as the legal entity realizing educational programs of the higher education (bachelor degree and magistracy), created according to the procedure, established by the Cabinet of Ministers of the Republic of Uzbekistan and acting on the basis of the Charter and Regulations on the higher education (рег. No. 1222 of February 22, 2003).

The professional educational organization is understood as the organization which is acting on the basis of the Law of the Republic of Uzbekistan "About education" and the Regulations on life-long primary, secondary and secondary vocational professional education in the Republic of Uzbekistan approved by the Cabinet of Ministers of the Republic of Uzbekistan on August 7, 2020 No. 466.";

c) item 4 in paragraph three after words of "the educational credits" to add with words "(including percent)";

d) state Item 5 in the following edition:

"5. In case of payment for the training, training of the children or the spouse (spouses) the tax deduction is provided to physical person - the student, and also his parents and (or) the spouse (spouse) if payment for training was made before achievement of twenty-six-year age by the student.";

e) in Item 7 of the word "higher educational institution" shall be replaced with words "the professional and highest educational organizations";

e) third Item 10 to state the paragraph in the following edition:

"for the payroll account and other income of physical persons, taxable, listed by the employer to the professional and highest educational organizations of the Republic of Uzbekistan or commercial bank on account of repayment of the obtained educational credit (including percent).";

g) in Item 11:

in paragraph one after the words "loan repayment" to add with words "(including percent)";

in the paragraph the second "higher educational institution of the Republic of Uzbekistan" shall be replaced with words words "the professional or highest educational organizations of the Republic of Uzbekistan";

the fourth to exclude the paragraph;

h) in Item 13 of the word "in Article 189" shall be replaced with words "in Article 393";

i) in paragraph one of Item 15 of the word "higher educational institutions and" shall be replaced with words "the professional and highest educational organizations also";

j) Items 16 - 18 to state in the following edition:

"16. In case of payment for training in the professional and highest educational organizations of the Republic of Uzbekistan by the physical person independently (at the expense of cash, from savings and other accounts of physical persons in banks or using plastic cards) the tax deduction can be provided by submission of the declaration on the gross annual income of physical person in bodies of the State Tax Service according to the procedure provided in Articles 396 - 398 Tax codes of the Republic of Uzbekistan. At the same time the tax deduction is provided on the amount of actually made expenses on payment for training in the professional and highest educational organizations of the Republic of Uzbekistan within the reported gross annual income of physical person for tax period.

17. For confirmation of the right to the tax deduction the physical person represents:

copy of the agreement (contracts) on training at paid and contractual basis between the student (students) and professional or highest educational organizations of the Republic of Uzbekistan;

the copy of the agreement (contracts) for receipt of the educational credit signed with commercial bank;

copies of the documents confirming independent payment of money into the account professional and the highest educational the organization of the Republic of Uzbekistan (into the account of commercial bank in case of repayment of the educational credit (including percent).

18. If the tax deduction amount exceeds the amount of gross annual income of the physical person which provided the declaration on gross annual income, the tax deduction on the remained amount can be provided to other physical persons.

Bodies of the State Tax Service based on information which is available for them and the submitted documents independently determine whether the privilege amount in the form of the tax deduction was applied by other physical persons having the right to the tax deduction.";

k) state appendices 1 and 2 in edition according to appendices 1 and 2 to these changes and amendments.

Appendix 1

to Changes and additions made to the resolution "About Approval of the Regulations on Procedure for Application of Privilege on Income Tax regarding the Means Directed to Payment for Training in Higher Educational Institutions of the Republic of Uzbekistan"

"Appendix 1

to Regulations on procedure for application of privilege on income tax regarding the means directed to payment for training in the professional and highest educational organizations of the Republic of Uzbekistan

Reference

Appendix 2

to Changes and additions made to the resolution "About Approval of the Regulations on Procedure for Application of Privilege on Income Tax regarding the Means Directed to Payment for Training in Higher Educational Institutions of the Republic of Uzbekistan"

"Appendix 2

to Regulations on procedure for application of privilege on income tax regarding the means directed to payment for training in the professional and highest educational organizations of the Republic of Uzbekistan

Reference

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