of May 13, 2015 No. 402
About approval of the application form about compensation to physical person to the resident of the Republic of Moldova which is not performing business activity, the amounts of excessively paid/withheld income tax and the list of the documents enclosed to the application
For the purpose of effective administration of provisions of Art. 176 of the Tax code No. 1163-XIII of April 24, 1997 (переопубликован in the Official monitor of the Republic of Moldova, special release of February 8, 2007), with subsequent changes and amendments, and also based on Art. 133 of the h. (1), item c) Tax code
I ORDER:
1. Approve the application form about compensation to physical person to the resident of the Republic of Moldova which is not performing business activity, the amounts of excessively paid/withheld income tax (according to appendix No. 1), the list of the documents confirming the right to release which should be enclosed to physical person to the application for compensation to physical person to the resident of the Republic of Moldova which is not performing business activity, the amounts of excessively paid/withheld income tax (according to appendix No. 2), the list of supporting documents which form the basis for confirmation of cost basis / the corrected cost basis of capital assets which should be enclosed to physical person to the application for compensation to physical person to the resident of the Republic of Moldova which is not performing business activity the amounts of excessively paid/withheld income tax (according to appendix No. 3) and the list of the documents confirming excessive income tax withholding from the sources specified in Art. 90-1 of the Tax code (according to appendix No. 4).
2. To apply provisions of this order in cases of return of excessively paid/withheld income tax irrespective of the tax period(s) for which return, taking into account the prescriptive limit established by Art. 266 of the Tax code is requested. The applications submitted for consideration before entry into force of this order are considered according to provisions of this order.
3. Cancel the Order GGNI on approval of the Regulations on compensation to the physical persons which are not performing business activity, the amounts of excessively paid / excessively withheld income tax No. 770 of September 14, 2011. (Official monitor of the Republic of Moldova, 2011, Art. No. 156-159, 1452).
4. This order becomes effective from the date of publication in the Official monitor of the Republic of Moldova.
5. To provide to head department of methodology of taxes and fees of GGNI publication of this order in the Official monitor of the Republic of Moldova and to inform structural divisions of the State Tax Administration.
Chief of GGNI
Ion Prisekaru
Appendix №1
to the Order of the Main state tax authorities of the Republic of Moldova of May 13, 2015 No. 402
See the Statement for compensation to physical person to the resident of the Republic of Moldova which is not performing business activity, the amounts of excessively paid/withheld income tax (47Kb In original language)
Appendix № 2
to the Order of the Main state tax authorities of the Republic of Moldova of May 13, 2015 No. 402
Appendix №. 3
to the Order of the Main state tax authorities of the Republic of Moldova of May 13, 2015 No. 402
|
№ |
Types of capital assets (according to Art. 37 of the h. (2) Tax code) |
№ |
Transaction type |
Documents, confirmatory | ||
|
physical person |
economic agent |
Others | ||||
|
1 |
2 |
|
3 |
4 |
5 |
6 |
|
1. |
The private property which is not used in business activity (for example, garage, the apartment, the machine, etc.) |
1.1 |
The property acquired (which serves as the main housing of the taxpayer *) |
Purchase and sale agreement |
1) Superimposed (way bill); 2) the Purchase and sale agreement and other documents confirming assignment of rights of property and the incurred expenses; the document confirming estimated value ** |
X |
|
1.2 |
The property is other, than the acquired main housing |
The document confirming market value for January 1, 1998 ***; Purchase and sale agreement |
The document confirming market value for January 1, 1998 ***. Superimposed (way bill) or tax delivery note and the purchase and sale agreement (if is available), the act of purchase and other documents confirming assignment of rights of property and the incurred expenses; the international document – the invoice and the customs declaration concerning invoicing of the amount |
X | ||
|
1.3 |
The property constructed independently |
X |
X |
The purchase and sale agreement and / or superimposed, tax delivery note if such are available **** | ||
|
1.4 |
The property inherited |
Certificate of the legitimate heir; or market price of date of possession, in that case where it higher or is absent in the certificate |
X |
X | ||
|
1.5 |
The property received as a result of donation |
Gift agreement; or market price of the donation moment if it exceeds the amount specified in the agreement; |
X | |||
|
1.6 |
The property received as a result of exchange; |
Agreement of exchange |
Superimposed (way bill) or tax delivery note and the agreement of exchange (if is available), and also other documents confirming assignment of rights of property (in case of additional payment) |
X | ||
|
1.7 |
The property acquired by way of investment of money to real estate construction |
The agreement or other legal act confirming the incurred expenses |
The agreement of investment of money in construction; other legal acts confirming the incurred expenses |
X | ||
|
1.8 |
The property acquired as a result of requirement concession |
Contract of assignment of the requirement |
X | |||
|
2. |
Shares |
2.1 |
Acquired |
Purchase and sale agreement |
a) the certificate issued by the accredited appraiser, confirming share market value for 1.01.1998; or b) the certificate confirming the property right to shares and their cost; or |
X |
|
2.2 |
Received as a result of donation |
Agreement (act) of donation; or market value at the time of donation, if it above stated in the agreement |
X | |||
|
2.3 |
Inherited; |
Certificate of the legitimate heir; or market value for date of the introduction in the property rights if it higher or is absent in the certificate; |
X |
X | ||
|
3. |
Lands |
3.1 |
Acquired |
Purchase and sale agreement |
Superimposed (way bill) or tax delivery note and the purchase and sale agreement (if is available), the act of purchase, and also other documents confirming assignment of rights of property; |
X |
|
3.2 |
Received as a result of donation |
Agreement (act) of donation; or market price of the donation moment if it is higher, than it is specified in the agreement |
X | |||
|
3.3 |
Inherited |
Certificate of the legitimate heir; or market price of date of possession if it higher or is absent in the certificate |
X |
X | ||
|
3.4 |
Acquired as a result of exchange |
Agreement of exchange |
The agreement of exchange and superimposed (way bill) or tax delivery note, and also other documents confirming assignment of rights of property |
X | ||
|
3.5 |
Received from primeriya free of charge; |
X |
X |
Certificate on land right ***** | ||
|
4. |
Debt securities (bills of exchange or shares in the authorized capital, etc.) |
4.1 |
Acquired |
Purchase and sale agreement |
Superimposed (way bill) or tax delivery note and the purchase and sale agreement (if is available), and also other documents confirming assignment of rights of property |
X |
|
4.2 |
Acquired result of exchange |
Agreement of exchange | ||||
|
4.3 |
Inherited |
Certificate of the legitimate heir; or market value for date of the introduction in the property rights if it higher or is absent in the certificate |
X | |||
|
4.4 |
Received as a result of donation |
Agreement (deed of gift); or market value at the time of donation, if it above stated in the agreement | ||||
|
4.5 |
Created |
|
The act confirming the incurred expenses | |||
|
5. |
Purchase option or sale of capital assets |
5.1 |
Acquired |
Agreement of the purchase option or sale of capital assets |
The agreement of the option both superimposed (way bill) and other documents confirming assignment of rights of property |
X |
* Housing which was in property of the taxpayer at least three-year period who is coming to an end in day of alienation is considered the main housing and if during all this period it was its main residence.
The permanent residence of the taxpayer where it has permanent registration, except for temporary registration is considered the main residence.
** The estimated cost is confirmed by the document which confirms the cost of aloof real estate estimated for date of alienation. The document can be issued by the bodies authorized based on legal acts by functions of assessment of property at market prices.
*** The capital assets which are in ownership of the taxpayer for January 1, 1998 are considered acquired on the market value operating for this date. Information provided in Art. 5 of item 26 of the Tax code can be source of information on market value.
**** In superimposed or tax delivery note the surname, name of the owner of the built real estate and/or the real estate address shall be specified.
***** If the physical person received property gratuitously, cost the basis for such real estate will make "zero".
Appendix №4
to the Order of the Main state tax authorities of the Republic of Moldova of May 13, 2015 No. 402
|
№ |
Income types (according to Art. 90-1 of the Tax Code) |
The documents confirming payment of some income types from which the income tax finally keeps |
|
1 |
The income from delivery in ownership and/or use (in property employment, lease, usufruct) movable and immovable property of the h. (3) |
a) The agreement of delivery in ownership and/or use (in property employment, lease, usufruct) movable and immovable property b) Act of purchase of services in letting of property (Order of the Ministry of Finance No. 88/106 of 6:10. 2008) |
|
2 |
Dividends of h (3-1) |
a) Minutes abstract of general shareholder meeting at which the decision on dividend distribution, or other document on dividend distribution provided by the law was made; b) The confirmation in a free form issued by the payer of fur-coats the ode about the paid income and the withheld income tax. |
|
3 |
The amount removed from the authorized capital corresponding to increase in the authorized capital from the distribution of net profit and/or other sources determined in equity between shareholders (unitholders) of h (3-1) | |
|
4 |
Royalty of h (3-1) |
a) The agreement confirming income acquisition in the form of royalty; b) The confirmation in a free form issued by the payer of the income about the paid income and the withheld income tax; c) The document confirming the status of the receiver provided in article 20 Item 11 of the Tax code (if necessary). |
|
5 |
Prizes from gamblings of h (3-3) |
The confirmation in a free form issued by the payer of the income about the paid income and the withheld income tax. |
|
6 |
Prizes from the advertizing campaigns of h (3-3) |
The confirmation in a free form issued by the payer of the income about the paid income and the withheld income tax. |
|
7 |
Prizes from lotteries of h (3-3) |
The confirmation in a free form issued by the payer of the income about the paid income and the withheld income tax. |
|
8 |
Income gained by physical persons, except for individual entrepreneurs and peasant farms from delivery of products of crop production and gardening in the natural form, including fruits of walnut and derivative products, and products of livestock production in the natural form, live and lethal weight, except for genuine milk of h (3-5) |
Act of purchase |
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The document ceased to be valid since June 9, 2017 according to Item 5 of the Order of the State Tax Administration of the Republic of Moldova of May 30, 2017 No. 134