LAW OF THE REPUBLIC OF BELARUS

of December 30, 2015 No. 343-Z

About modification and amendments in some Laws of the Republic of Belarus concerning business activity and the taxation

It is accepted by the House of Representatives on December 18, 2015

Approved by Council of the Republic on December 18, 2015

Article 1. Bring in part the fourth Item 1 of Article 1 of the Civil code of the Republic of Belarus of December 7, 1998 (Vedamastsi Natsyyanalnaga to descent of Respubliki Belarus, 1999, No. 7-9, of Art. 101; National register of legal acts of the Republic of Belarus, 2007, No. 132, 2/1330; National legal Internet portal of the Republic of Belarus, 02.01. 2014, 2/2094; 03:11. 2015, 2/2311) following changes and amendment:

in the paragraph the twenty first to replace the word "musical" with the word "musical and entertaining";

to state the paragraph of the twenty second in the following edition:

"activities of actors, dancers, musicians, contractors of colloquial genre, speakers individually;";

to state the paragraph of the twenty eighth in the following edition:

"activities for copying, preparation of documents and other specialized office activities;";

after the paragraph of the twenty eighth to add part with the paragraph of the following content:

"activities for translation and interpretation;";

the twenty ninth - the thirty first to consider paragraphs respectively paragraphs the thirtieth - the thirty second;

the thirty first to state the paragraph in the following edition:

"repair of sewing, knitted products and headdresses, except repair of carpets and carpet products;".

Article 2. Bring in the Tax code of the Republic of Belarus of December 19, 2002 (The national register of legal acts of the Republic of Belarus, 2003, No. 4, 2/920; No. 85, 2/977; 2004, No. 4, 2/1009; No. 123, 2/1058; No. 189, 2/1087; 2006, No. 6, 2/1177; 2007, No. 3, 2/1287; No. 15, 2/1302; 2008, No. 3, 2/1399; No. 289, 2/1551; 2010, No. 4, 2/1623, 2/1624; No. 253, 2/1726; 2011, No. 8, 2/1793; No. 140, 2/1877; 2012, No. 8, 2/1882, 2/1889; National legal Internet portal of the Republic of Belarus, 03.11. 2012, 2/1983; 02:01. 2014, 2/2094; 03:01. 2015, 2/2222) following changes and amendments:

1. In the text of the Code of the word "state member of the Customs union" shall be replaced with words "state member of the Eurasian Economic Union" in the corresponding case and number.

2. In Item 5 of Article 2 of the word "to the international treaties of the Republic of Belarus creating the contractual legal base Customs" and "the customs legislation Customs" to replace respectively with words "to the acts constituting the right Eurasian economic" and "the acts constituting the right Eurasian economic".

3. In item 4 of Article 5 of the word "The Republic of Belarus, Creating the Contractual Legal Base Customs" shall be replaced with words "within Eurasian economic".

4. Add Article 8 with the paragraph the nineteenth the following content:

"collection on financing of the public expenditures.".

5. To add Item 1 of article 11 after the word "Code" with the words "and (or) acts of the President of the Republic of Belarus".

6. In Article 12:

state Item 1 in the following edition:

"1. Establishment, introduction, change and cancellation of the local taxes and charges are performed according to this Code acceptance of regulatory legal act (decision) of the Minsk city council of deputies, local councils of deputies of basic territorial level.";

in Item 2:

in part one of the word "Regional, Minsk City Councils of Deputies" shall be replaced with words "The Minsk city council of deputies, local";

in part two of the word "local councils of deputies" shall be replaced with words "The Minsk city council of deputies, local councils of deputies of basic territorial level";

in item 4 of the word "local councils of deputies" shall be replaced with words "The Minsk city council of deputies, local councils of deputies of basic territorial level".

7. In Article 20 part two:

the fifth to state the paragraph in the following edition:

"between the organizations if one person directly and (or) indirectly participates in these organizations and the share of such participation in each of these organizations constitutes at least 20 percent;";

add part with the paragraph the eighth the following content:

"between the organizations, as a part of collegiate executive body or the board of directors (supervisory board) of which more than 50 percent - the same physical persons together with the affiliated persons specified in paragraph six of this part.".

8. In Article 22:

third subitem 1.4 of Item 1 to state the paragraph in the following edition:

"no later than March 31 of the year following for reporting, the annual individual accounting and (or) financial reporting constituted according to the legislation of the Republic of Belarus, except for the religious organizations which are not performing business activity. The payers specified in part two of item 4 of Article 63 of this Code present such reporting under the established formats in the form of the electronic document. Reporting formats in the form of the electronic document are established by the Ministry of Taxes and Tax Collection of the Republic of Belarus;";

to add Item 22 part one after the word with the words "the current (settlement) bank".

9. In Article 23:

in Item 1 of the word "the representative office of the foreign organization performing activities in the territory of the Republic of Belarus, representation and body of interstate education in the Republic of Belarus" shall be replaced with words "the foreign organization performing activities in the territory of the Republic of Belarus through the permanent mission, representative office of the foreign organization opened according to the procedure, established by the legislation of the Republic of Belarus";

to add subitem 3.2 of Item 3 after the word of "(duties)" with words "if other is not provided by this Code,".

10. From Items 2 and 3 of Article 29 of the word", including the international treaties of the Republic of Belarus creating the contractual legal base of the Customs union" to exclude.

11. State Article 30-1 in the following edition:

"Article 30-1. The principles of determination of goods price (work, service) for the purposes of the taxation

1. Tax authorities have the right to control compliance of the tax base determined and reflected by the payer in the tax declaration (calculation) based on the prices applied by it to the tax base determined by tax authority taking into account market prices on:

1.1. to transactions on:

to realization or acquisition:

real estate (its part), and also to transactions from which transfer to the shareholder of object of shared-equity construction results, the owner of housing bonds - the residential and (or) non-residential premise when transaction price deviates more than for 20 percent market price of identical (homogeneous) real estate (its part) respectively for date of reflection of sales proceeds or reflection of purchase costs in property, date of transfer by the builder to the shareholder of object of shared-equity construction, date of transfer of housing bonds of the residential and (or) non-residential premise to the owner;

housing bonds in the course of their address (except for transactions of issuers with bonds of own issue), made after state registration of creation of construction object when transaction price deviates more than for 20 percent market price of the residential and (or) non-residential premises identical (homogeneous) to rooms concerning which the realized (acquired) housing bonds certify introduction of money, for date of recognition of the income (costs) from transactions with securities;

1.2. to transactions (if during tax period the transaction price amount respectively on realization or purchase of goods (works, services) with one person exceeds 1 billion Belarusian rubles without indirect taxes):

made on foreign trade activity with the affiliated person or person, the location (residence) of which is in the state (in the territory) included in the list of offshore zones which is determined by the President of the Republic of Belarus for the purposes of application of offshore collection (further - resident of offshore zone);

made on foreign trade activity with the affiliated person or with resident of offshore zone with participation (mediation) of the third party (persons) who is (not being) in relation to them affiliated person through set transactions. The set of transactions specified in this paragraph is equated to the transaction with the affiliated person, not in view of availability of the third party (persons), with participation (mediation) of which (which) such set of transactions is made provided that such third party (persons) who is not recognized interdependent (which are not recognized interdependent) and taking (taking) part in the specified set of transactions:

does not perform in this set of transactions any additional functions, except for the organizations of realization (resale) of goods (performance of works, rendering services) one person to other person recognized interdependent with this person;

does not use any assets for the organization of realization (resale) of goods (performance of works, rendering services) one person to other person recognized interdependent with this person;

made with the affiliated person - the tax resident of the Republic of Belarus (including through set of transactions with participation (mediation) of the third party (persons) as it is specified in paragraphs the third or fifth this subitem) which has the right not to estimate and not to pay tax (is tax-exempt) on profit in tax period in which the transaction is made in view of the fact that such person belongs to the separate categories of payers, and (or) applies specific modes of the taxation, and (or) performs activities in the territories determined by the legislation.

The amount of transaction price is determined by summing according to price value of each transaction on the sales of goods (works, services) determined for date of reflection of revenue, the income from transactions with securities, non-operating income, or price value of each transaction on purchase of goods (works, services) determined for date of reflection of costs (non-operating expenses);

1.3. to transactions other, than specified in subitems 1.1 and 1.2 of this Item if during tax period the transaction price amount on realization and (or) purchase of goods (works, services) in foreign trade activity of the organization which implemented (acquired) strategic goods according to the list determined by the Government of the Republic of Belarus, and also the organization included in the list of large payers with one person exceeds 10 billion Belarusian rubles (without indirect taxes).

The amount of transaction price is determined by summing of price value of each transaction on the sales of goods (works, services) determined for date of reflection of revenue, the income from transactions with securities, non-operating income, and price value of each transaction on acquisition determined for date of reflection of costs (non-operating expenses) (including through set of transactions with participation (mediation) of the third party (persons) which (which) carries out (perform) the functions specified in paragraphs the fourth or fifth subitem 1.2 of this Item) (further - large deals).

2. Irrespective of whether transactions meet the conditions provided by subitems 1.1-1.3 of Item 1 of this Article, its provisions extend on:

transactions on realization or purchase of goods (works, services) if the price (cost) of the transaction is determined in the international treaty of the Republic of Belarus;

banking activities according to the list determined by the Bank code of the Republic of Belarus;

transactions with the securities and financial instruments of forward transactions which are traded on the organized market of securities.

3. For the purposes of this Article:

the goods (work, service) are understood as goods, other property, property rights, work, service;

sales of goods (works, services) is understood as sales of goods, other property, including property rights (performance of work, rendering service), provision in use of property;

purchase of goods (works, services) is understood as purchase of goods, other property, including property rights, works, services, obtaining in use of property;

the transaction on sales of goods (works, services) is understood as the transaction made at the prices below market more than for 20 percent for date of reflection of sales proceeds (income);

the transaction on purchase of goods (works, services) is understood as the transaction made at the prices above market more than for 20 percent for date of reflection of costs (expenses) on their acquisition;

as foreign trade activity it is understood:

the transaction on sales of goods (works, services) (including on the basis of commission agreements, the order or other similar civil agreements) made with foreign legal and (or) physical person;

the transaction on purchase of goods (works, services) (including on the basis of commission agreements, the order or other similar civil agreements) made with foreign legal and (or) physical person.

Date of reflection of sales proceeds, the income from transactions with securities, non-operating income, other income types, date of reflection of costs, non-operating expenses are determined taking into account the rules provided by Chapter 14 of this Code.

4. If in the transactions specified in Item 1 of this Article, person applies the prices and (or) commercial and (or) financial conditions (further for the purposes of this Article - the price), other than those which would take place in the transactions performed in comparable economic conditions, and recognized according to this Article market, then tax base which could be determined are established, but owing to the specified difference it was not determined, it is considered for the purposes of the taxation at this person.

For the purposes of calculation of tax base if other is not provided by this Article, the price of goods (work, service) specified by the parties of the transaction is agreed.

If the price of goods (work, service) applied by the payer to determination of tax base deviates market prices of identical (homogeneous) goods (works, services) more than for 20 percent, for the purpose of determination of need of adjustment of tax base the tax authority makes comparison of the price and conditions of the analyzed transaction with information on market prices of identical (homogeneous) goods (works, services) in comparable transactions which it has and which conforms to requirements of this Article. In the absence of such information the tax authority in case of determination of tax base uses the methods established by this Article. If after comparison of the prices applied by the payer according to transactions to the market prices determined with use of the methods established by this Article variations of the tax base calculated by tax authority in comparison with the tax base reflected by the payer in the tax declaration (calculation) therefore in the budget the tax was underpaid are revealed, the tax authority has the right to pass the decision on adjustment of tax base and recalculation of tax thus as though results of this transaction (transactions) were reflected by the payer proceeding from market prices of the corresponding goods (works, services).

The adjustment specified in part three of this Item means change of tax base taking into account the features established by this Code without change of cost indicators in the payment instructions and source accounting documents confirming shipment (acquisition) of goods (accomplishment (acquisition) of works, rendering (acquisition) services). Results of adjustment of tax base and the tax amount for the checked accounting period which is subject to surcharge by the payer as a result of such adjustment shall be reflected by tax authority respectively in the inspection statement and the decision according to the inspection statement.

For the purposes of adjustment of tax base market price of goods (work, service) is determined taking into account allowances (discounts) applied in case of the conclusion of transactions. At the same time are considered including the discounts caused:

seasonal fluctuations of the goods demand (work, service);

loss by goods of quality or other consumer properties;

expiration (approach of date of the expiration) of expiration dates or sales of goods;

marketing policy in case of promotion on the markets of new goods (works, services), and also in case of their promotion on the new markets.

Market price of goods (work, service) the price which developed in case of interaction of the demand and supply in the market of identical (homogeneous) goods (works, services) in comparable economic conditions is recognized.

Commodity market (works, services) the sphere of the address of these goods (works, services) determined proceeding from possibility of the buyer (seller) really is recognized and without considerable additional costs to acquire (to realize) goods (to acquire (to perform) work, to acquire (to render) service) in the next territory in relation to the buyer (seller) within the Republic of Belarus or beyond its limits.

In case of use of the goods prices (work, service) which are not corresponding to market prices, the payer of the cameral check having the right independently before conducting check by tax authorities, except for to make adjustment of tax base on the income tax and to pay in addition the income tax.

Determination of tax base is made by application:

method of comparable market prices;

method of the price of the subsequent realization;

costly method;

method of comparable profitability;

profit distribution method.

The method of comparable market prices provides comparison of the price applied in the analyzed transaction, to the prices on identical (in case of their absence - homogeneous) goods (works, services) in comparable economic conditions, being in limits of the range of market prices.

The range of market prices - two and more market prices determined on the basis of the available price information during the period for which the research, or information for the next date before making of the analyzed transaction is conducted.

In case of determination of the range of market prices the price applied in the analyzed transaction is not considered.

If the price applied in the analyzed transaction:

is in limits of the range of market prices, market price more than for 20 percent does not deviate respectively below (above), for the purposes of the taxation is recognized that such price corresponds to market price;

on sales of goods (performance of works, rendering services), there is less minimum value of the range of market prices more than for 20 percent, for the purposes of the taxation the price which corresponds to the minimum value of the range of market prices is agreed;

on purchase of goods (works, services), exceeds the maximum value of the range of market prices more than for 20 percent, for the purposes of the taxation the price which corresponds to the maximum value of the range of market prices is agreed.

If tax authorities have no information on market prices of identical (homogeneous) goods (works, services) (the method of comparable market prices is the main method of determination of market price) due to the lack on commodity market (works, services) of transactions with identical (homogeneous) goods (work, service) or because of impossibility of determination of the corresponding prices in view of absence or unavailability of information sources, are consistently applied to determination of market price:

method of the price of the subsequent realization;

costly method;

method of comparable profitability.

At the same time each subsequent method is used if market price of goods (work, service) cannot be determined by application of the previous method.

Market price of the goods realized by the payer when using method of the price of the subsequent realization is determined as difference of the price on which goods are resold by the buyer, and the costs incured by this buyer in case of resale (without the price at which the goods were acquired by the specified buyer at the payer) and promotion of goods on the market, and also regular profit of the buyer of goods in case of its further resale. If the profit of the organization or the income of physical person, performing resale of the goods realized by it earlier the payer is less than minimum value of the profit determined based on information on the comparable transaction (transactions) which is available for tax authorities for the purposes of the taxation the price determined proceeding from profit which corresponds to the minimum value of the profit determined based on information used by tax authorities by comparison of the prices according to the transaction (transactions) is agreed.

When using costly method market price of the goods (the works, services) realized (which are carried out, rendered) the payer, it is determined as the amount of the made costs and profit (profitability), regular for these activities. At the same time are considered production costs (acquisition) and (or) sales of goods, regular for similar activities (performance of work, rendering service), transportation, insurance, storage and other similar costs. If the profit (profitability) of the goods realized by the payer (the performed work, the rendered service) is less than minimum value of profit (profitability) determined based on information on the comparable transaction (transactions) which is available for tax authorities, then for the purposes of the taxation the price determined proceeding from actual costs on production (acquisition) and sales of goods (performance of work, rendering service) in the analyzed transaction and profit (profitability) which corresponds to the minimum value of profit (profitability) determined based on information used by tax authorities by comparison of the prices according to the transaction (transactions) is agreed.

The method of comparable profitability used in case of absence or insufficiency of information necessary for use of the previous methods provides comparison of measure values of profitability according to the analyzed transaction of the payer with the market range of the measure values of profitability which developed when implementing comparable transactions or comparable activities of person.

For determination of the market range of measure values of profitability the profitability indicators determined by results at least two comparable transactions (activities at least two persons) in the same accounting period are used.

When matching persons based on whose indicators of profitability the market range of measure values of profitability is constituted compliance of the industry specifics and (or) activities performed by them in comparable economic conditions concerning the analyzed transaction is considered. At the same time indicators of profitability of the person who is not the affiliated person with the analyzed payer, performing comparable transactions (activities) in relation to the analyzed transaction, with the positive size of net assets, not having losses by results of the accounting period, profitability indicators on which are accepted for creation of the market range of measure values of profitability, are taken into consideration.

Financial performance of the analyzed payer, and also persons (persons) used for the purposes of determination of the market range of measure values of profitability are determined based on accounting data and the accounting and (or) financial reporting constituted according to requirements of the legislation of the Republic of Belarus about financial accounting and the reporting.

The choice of indicators of profitability for the purposes of method of comparable profitability is made depending on type of the transaction and taking into account features of activities of the analyzed payer, the assets used by it, completeness and comparability of the financial performance used for calculation of measure values of profitability at the analyzed payer and person (persons) whose indicators are accepted for calculation of the market range of measure values of profitability, and also economic justification of such indicators of profitability. For the purposes of method of comparable profitability including treat profitability indicators:

the gross margin determined as the relation of gross profit to proceeds from sales of products, goods (works, services) (without indirect taxes);

the gross margin of costs determined as the attitude of gross profit towards cost of sales, goods (works, services);

the profitability of realization determined as the relation of profit on sales of products, goods (works, services) to proceeds from sales of products, goods (works, services) (without indirect taxes);

the profitability of costs determined as the relation of profit on sales of products, goods (works, services) to cost amount of goods sold, goods (works, services), management expenses and expenses on realization;

the profitability of management expenses and expenses on realization determined as the relation of gross profit to management expenses and expenses on realization;

the return on assets determined as the attitude of profit on sales of products, goods (works, services) towards residual value of the assets (long-term and short-term) used in the analyzed transaction. In the absence of necessary information on residual cost of assets return on assets can be determined based on data of the accounting and (or) financial reporting;

other indicator of profitability reflecting interrelation between the performed functions used by assets and accepted by economic risks and level of remuneration.

If measure values of profitability of the payer according to the analyzed transaction:

are in limits of the market range of the measure values of profitability determined according to the procedure, provided by this Article, do not deviate respectively below (above) the market range more than for 20 percent, the price applied by the payer in the analyzed transaction for the purposes of the taxation is recognized market price;

below the minimum value of the market range of measure values of profitability determined according to the procedure, provided by this Article more than for 20 percent, for the purposes of the taxation such minimum value based on which adjustment of profit of the payer according to the analyzed transaction for the purpose of the taxation is performed is considered.

The method of profit distribution can be used in case of impossibility of use of the previous methods.

The method of profit distribution consists in comparison of the actual distribution between the parties of the analyzed transaction (transactions) got by them comprehensive income with profit distribution between the parties of comparable transactions based on provisions of this Article.

The method of profit distribution can be used, but is not exclusive, in cases:

interrelation availability between the checked transactions and other transactions which are performed by the parties of the analyzed transaction and the related persons;

applications by the parties of the checked transactions of property rights on intellectual property items which significantly influence profitability level.

If the organizations which profit is subject to distribution taking into account the specified method keep financial accounting on the basis of different rules of conducting financial accounting, for the purposes of application of method of profit distribution their accounting (financial) records shall be provided to single rules of conducting financial accounting.

Profit distribution (loss) between the parties of the interconnected consecutive transactions which the profit on the analyzed transaction enters according to method of profit distribution is made based on assessment of contribution of each of the parties to comprehensive income taking into account the executed each of the parties of such transactions of functions, and (or) assets used by them and the incured costs, the enclosed investments, and (or) the accepted economic risks.

Comprehensive income (loss) the amount of values of the profit (loss) calculated with observance of single rules of conducting financial accounting on sales of goods (works, services), each of the parties of set of the interconnected transactions for the checked accounting (tax) period is recognized.

For distribution of comprehensive income (loss) of all parties of the transaction (transactions) the following indicators are considered:

the size of the costs (expenses) incured by person which is the party of the analyzed transaction on creation of intangible assets which use exerts impact on size of actually got profit (loss) according to the analyzed transaction;

the number and qualification of personnel (time spent by personnel, the size of expenses on compensation) exerting impact on size of actually got profit (loss) from sales according to the analyzed transaction;

asset cost, being in use, the order of person which is the party of the analyzed transaction which use influences the size of actually got profit (loss) from sales according to the analyzed transaction;

other indicators reflecting interrelation between the performed functions used by the assets accepted by economic risks and size of actually got profit (loss) from sales according to the analyzed transaction.

5. If the price of goods (work, service) is regulated by the legislation of the Republic of Belarus or foreign states, for the purposes of the taxation the price of goods (work, service) specified by the parties of the transaction is agreed if it conforms to requirements of the specified legislation.

If the price of goods (work, service) in transactions is applied according to instructions of antimonopoly authorities, for the purposes of the taxation this price is recognized market.

If the transaction was made at the exchange and the price of the specified transaction developed by results of the exchange auction held according to the legislation of the Republic of Belarus, or applicable law of foreign state on exchange trade and also if transaction price is determined during the auction held according to the legislation of the Republic of Belarus or by results of applicable law of foreign state, for the purposes of the taxation this price is recognized market.

If the payer makes the transaction concerning which the legislation provides price regulation by means of price fixation (or approvals of formula of the price) authorized body of public administration, establishment of the maximum and (or) minimum marginal prices, price increments or price discounts or by means of other restrictions on profitability or profit, for the purposes of the taxation the price of such transaction is recognized market. The specified features are considered if price regulation is performed according to the legislation of the Republic of Belarus, including with international treaties of the Republic of Belarus, or the legislation of foreign states.

If according to the legislation of the Republic of Belarus or foreign states during transaction evaluating cost of goods (work, service) is obligatory, for the purposes of the taxation the price determined by the appraiser according to the legislation on estimative activities is recognized market.

6. By comparison of the prices according to transactions of the payer for establishment of correctness of determination of tax base by tax authorities in the sequence which is stated below are used:

price information, developed following the results of the exchange biddings on identical (in case of their absence - homogeneous) goods which took place in the Republic of Belarus;

price information proceeding from the foreign trade statistics of the Republic of Belarus published or received on demand by tax authority from customs authorities, bodies of the state statistics;

price information, developed following the results of the exchange biddings on identical (in case of their absence - homogeneous) goods which took place in foreign states;

price information (price fluctuation limits) and the stock exchange quotations containing in official sources of information of authorized bodies of public administration of the Republic of Belarus, official sources of information of foreign states or the international organizations or in other published and (or) public editions and information systems;

price information on identical (in case of their absence - homogeneous) goods (works, services) from competent authorities of foreign states, received based on requests of tax authorities of the Republic of Belarus or other state bodies (organizations) of the Republic of Belarus;

information on the transactions made by the payer;

data of the information and price agencies.

In the absence of (insufficiency) of information, specified in part one of this Item, tax authority are used:

the data on the prices (limits of price fluctuations) and quotations containing in the published and (or) public editions and information systems;

data on market value of objects of assessment determined according to the legislation of the Republic of Belarus or foreign states on estimative activities;

data on market value identical (in case of their absence - homogeneous) goods (works, services), the Republic of Belarus received by tax authorities from authorized state bodies (organizations), in case of their absence - from bodies (organizations) of the foreign states performing maintaining the state statistics concerning the organizations which are under their supervision (maintaining) and also on the questions entering their competence;

calculation of the cost (cost) of goods (work, service);

data from accounting and state statistical records of the organizations, including the specified data published in public information systems and also posted on the official sites of the Belarusian and foreign organizations on the global computer Internet;

other information, available tax authorities.

7. In case of determination of market prices of goods (work, service) information on prisoners at the time of realization (acquisition) of these goods (accomplishment (acquisition) of work, rendering (acquisition) service) transactions with identical (homogeneous) goods (works, services) in comparable economic conditions is considered (further for the purposes of this Article - comparable transactions).

The comparable transaction is recognized committed economic conditions, comparable to the analyzed transaction, if it is made in similar commercial and (or) financial conditions.

If commercial and (or) financial conditions of the compared transactions differ from commercial and (or) financial conditions of the analyzed transaction, such transactions can be acknowledged comparable to the analyzed transaction if distinctions between the specified conditions analyzed and comparable transactions have no significant effect on their results or if such distinctions can be considered by means of application for the purposes of the taxation of the corresponding adjustments (on the amount of the customs duties, change of the official rate of the Belarusian ruble established by National Bank of the Republic of Belarus, change of price index, transit fares, payments for receipt of permissions and another) to conditions and (or) results of the compared transactions or the analyzed transaction.

Comparison is performed with several comparable transactions on goods (works, services). In the absence of information on two and more comparable transactions of two persons which are not interdependent, or information on results of financial and economic activities of persons enabling the realization of identical (homogeneous) goods (works, services) in relation to the analyzed transaction information on the made transactions and (or) transactions with the face and (or) persons which are not with it interdependent checked by the payer can be used. In the presence of information only on one comparable transaction which subject is realization (acquisition) of identical (homogeneous) goods (works, services) the price of the specified transaction can be acknowledged market when commercial and (or) financial conditions of this transaction are completely comparable to conditions of the analyzed transaction (or by means of the corresponding adjustments complete comparability of such conditions is provided) and also provided that the transaction is made not with the affiliated person and the seller (supplier) of goods (works, services) in the comparable transaction does not hold dominant position in the market of these identical (homogeneous) goods (works, services).

In the absence of information on comparable transactions or activities of person (persons) enabling (enabling) realization identical (homogeneous) goods (works, services) in the checked accounting period and its availability for other accounting periods for the purpose of determination of measure values of profitability financial performance according to comparable transactions or activities of person (persons) enabling (enabling) realization identical (homogeneous) goods (works, services) is accepted to other accounting periods with their adjustment on the price indexes determined by National Statistical Committee of the Republic of Belarus or on change of the official rate of the Belarusian ruble established by National Bank of the Republic of Belarus.

In case of determination of comparability of transactions, and also in need of adjustments of commercial and (or) financial conditions of transactions the analysis of the following characteristics analyzed and the compared transactions is made for implementation:

quality characteristics of goods (works, services) which are subject of the transaction, goods quantity (amount of works, services), delivery conditions of goods (performance of works, rendering services), terms of payment;

the functions which are carried out by the parties of the transaction, accepted by them risks.

To the functions which are carried out by the parties of the transaction which are considered in case of determination of comparability of transactions, in particular, but not only, belong:

implementation of design of goods and their technological development;

production of goods (performance of works, rendering services);

assembly of goods or their components;

installation and (or) installation of the equipment;

research and development works;

implementation of wholesale or retail trade by goods;

guarantee maintenance;

storage of goods;

transportation of goods;

insurance;

financing implementation;

quality control;

implementation of strategic management, including determination of price policy, the strategy of production and sales of goods (works, services), sales volume, range of goods (the offered works, services), their consumer properties, and also implementation of operational management;

the organization of sale and (or) production of goods with involvement of other persons having the corresponding capacities.

In case of determination of comparability of transactions the transactions accepted by each of the parties when implementing the activities are considered and exerting impact on terms of transaction:

industrial hazards, including risk of incomplete utilization of capacity;

risk of change of market prices of acquired materials and products owing to change of economic environment, risk of change of other market conditions;

risk of impairment of inventories, losses by goods of quality and other consumer properties, losses of property rights;

risks of change in the exchange rate of foreign currency in relation to Belarusian ruble or other currency, interest rates, credit risks;

risk of not demand of goods (large warehouse stocks);

conditions of the agreements signed between the parties of the transaction, exerting impact on the prices of goods (works, services);

the characteristics of the corresponding commodity markets (works, services) exerting impact on the prices of goods (works, services).

In case of determination of comparability of characteristics of commodity markets (works, services) the following factors are considered:

geographical location of the markets and their size;

competition availability in the markets and relative competitiveness of sellers and buyers in the market;

availability in the market of identical (homogeneous) goods (works, services);

the supply and demand in the market, and also consumer capability of consumers;

level of the state intervention in market processes;

level of development of production and transport infrastructure;

other characteristics of the market influencing transaction price.

Tax authorities comparable transactions between persons which are not interdependent are taken into account. Transactions between affiliated persons can be taken into account only when availability of the relations between these persons did not affect results of such transactions.

As the transaction with comparable economic conditions use of the transaction made by the payer with persons which are not interdependent with the specified payer provided that such transaction is made in comparable economic conditions is possible.

8. The payer shall notify on the transactions made by him in tax period by submission to tax authority in the place of registration:

8.1. information on implementation the transactions specified in subitems 1.1-1.3 of Item 1 of this Article (further for the purposes of this Article - information on transactions).

Information on transactions is provided in tax authority by introduction by the payer of information about them in electronic the invoice (data are entered in the invoice irrespective of the amount of transaction price and variation of the prices applied by the payer from market prices) and the direction it with use of the Portal of electronic invoices which is information resource of the Ministry of Taxes and Tax Collection of the Republic of Belarus;

8.2. economic case of the applied price and (or) documentation confirming economic justification of the applied price according to transactions in cases, stipulated in Item the 9th this Article (data are represented irrespective of variation of the prices applied by the payer from market prices).

Control of compliance of the prices applied by the payer to market prices in case of determination of tax base is performed by tax authority concerning the income tax by means of:

cameral checks;

checks, except for cameral checks.

In case of origin at tax authority during cameral check of reasonable doubts concerning compliance to market prices of the prices applied by the payer in the transactions which are subject to control according to subitems 1.1-1.3 of Item 1 of this Article, to the payer the notification with the offer to make changes and (or) additions to the tax declaration (calculation) or to provide specified in Item 9 of this Article goes on paper or in the form of the electronic document:

economic case of the applied price;

documentation confirming economic justification of the applied price - on committed large deals.

Tax authorities for the purposes of control within this Article have the right to request information necessary for determination of market price on transactions from participants of transactions, state bodies and the third parties.

9. The payers who performed the large deals determined by subitem 1.3 of Item 1 of this Article shall constitute also according to the notification of the tax authority which is carrying out cameral inspection (on demand (instruction) of tax authority, performing, except for cameral check, or planned in accordance with the established procedure its carrying out), to submit to this tax authority documentation confirming economic justification of the applied price, by each agreement, the supplement to agreement, the specification (depending on in what of the specified documents transaction determined price), constituted part of large deal.

The payers who performed the real estate transactions determined by subitem 1.1 of Item 1 of this Article, with affiliated persons and residents of offshore zones, determined by subitem 1.2 of Item 1 of this Article, shall according to the notification of the tax authority which is carrying out cameral inspection (on demand (instruction) of tax authority, performing, except for cameral check, or planned in accordance with the established procedure its carrying out), to represent economic case of the applied price, confirmatory that the price applied by the payer corresponds to the market price which developed respectively for date of realization and (or) purchase of goods (works, services) including data (documents) provided by paragraphs to the ninth, twelfth and thirteenth part four of this Item according to each transaction by the agreement, the supplement to agreement, the specification (depending on that, in what of the specified documents transaction determined price) in the terms specified in part three of this Item.

Documentation and economic case specified in parts one and the second this Item are represented:

when conducting cameral check - in time, specified in the notification which cannot be less than 10 working days from the date of the direction of the notification;

when conducting check, except for cameral check, - in time, established by tax authorities in the instruction (requirement) which cannot be less than 5 working days from the date of delivery of the instruction (requirement).

Documentation confirming economic justification of the price applied by the payer is understood as the set of documents or the single document constituted in any form (if creation of such documents in the established form is not provided by regulatory legal acts of the Republic of Belarus) and the containing following data:

the description of the business activity of the payer in tax period connected with the transaction falling under action of subitem 1.3 of Item 1 of this Article which includes:

information on the functions executed by it in transactions (production, intermediary, others), the used tangible or intangible assets (whether took place when implementing the transaction use of office rooms, and (or) production capacities, and (or) intangible assets, and (or) storage facilities or the transaction was performed without use of the specified assets);

information on industry (development tendencies, characteristics, the competition on commodity market (works, services)) to which activities of the payer when implementing the transaction belong;

statement of economic and other factors which influence price fixation on goods (works, services) the payer;

schematical structure of holding (group of companies), the name and location of managing company, transfer of core activities of holding (group of companies) - if the payer is included into holding (group of companies);

information on sales strategy and managements of the payer which can affect transaction price;

information on the affiliated person or on the resident of offshore zones:

full name of the organization, surname, own name, middle name (if that is available) persons, including interdependent, or the resident of offshore zone, concluded the bargain specified in Item 1 of this Article with the payer (further in this Item - the party of the transaction), specifying of the country of their registration, nationality or the residence or the tax residence;

the interdependence this about degree with the party of the transaction (share of direct participation, share of indirect participation, share of direct and indirect participation, control availability in the relation or from person which is the party of the transaction whether the party of the transaction and the payer founders of one organization, other bases determined by article 20 of this Code are);

the description of type of activity of the affiliated person or resident of offshore zone (specifying of industry to which its activities belong, its reputations in the market - steady opinion on merits and demerits of the company in the corporate world, stability of its financial position, market share, availability of information in open sources), the purpose of the purchase of goods (work, service) which is subject of the transaction (final consumption, resale, use in production);

the description of subject of the transaction which includes description of goods (works, services) with indication of code of the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union (code of the Nation-wide qualifier of the Republic of Belarus "Types of economic activity", "Industrial and agricultural output"), quality characteristics of goods (set of properties, the characteristics specified in the quality certificate (compliance) of goods (work, service), data on trademark, specifying of country of source and the producer, data on delivery conditions (according to International commercial terms (the INCOTERMS 2010)), the actual implementation of payments (advance payment (in what size), the subsequent payment (through what number of days), provision of delay, payment by installments and so on);

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