of December 22, 2008 No. 3719/1
To the State Tax Services
on welayats and Ashgabat
To head departments of finance
welayats and Ashgabat
The main State Tax Service of Turkmenistan and the Ministry of Finance of Turkmenistan in connection with questions on application of provisions of Articles 35, 110 and 139 Tax codes of Turkmenistan concerning the amounts of the set-off value added tax, and also the tax discharge on property, report the following.
1. As that follows from provisions of part 2 of article 110 of the Tax Code of Turkmenistan, the basis for the offsetting of tax amount on value added paid to suppliers of goods (works, services) are the invoice which is written out according to the procedure the stipulated in Clause 107 Codes and documents confirming payment (settlings) with suppliers (contractors).
Only in the presence of these two documents the taxpayer has legal basis for the offsetting of tax amount on value added paid to suppliers of goods (works, services).
In this regard, if for the goods (the performed works and the rendered services) realized to the taxpayer in one tax period, the tax invoice is issued to it in other tax period, then the tax amount which is subject to offsetting on value added on such tax invoice shall be considered by the taxpayer in that tax period:
in which it is received - if payment on it is made in this tax period or earlier;
in which on it payment is made - if payment is made in subsequent tax periods. In case of partial payment in this case the corresponding part of tax is considered.
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