PROVISION OF THE MINISTRY OF FINANCE OF THE REPUBLIC OF MOLDOVA

of March 5, 1999 No. 10(10-3-02/1)

About compensation (return) of tax amounts on value added

I. General provisions

1.1 This Provision determines the right, and also procedure for calculation and compensation (return) of VAT amounts according to provisions of the Section III of the Tax Code of the Republic of Moldova "Value added tax" N1415-XIII of 17.12.97, the Law on the budget for 1998 N1446-XIII of 27.12.97, the Law on the budget for 1999, N216-XIV of 12.12.98 and the Law "About Procedure for Tax Collection, Charges and Other Payments" N633-XIII of 10.11.95.

1.2 In this Provision concepts which value is provided in the relevant articles of the legal acts listed in item 1.1 are used.

II. Right to compensation (return) of VAT amounts

2.1. Compensation (return) * the VAT amounts to the subject of the taxation from the budget which are earlier paid or subject to payment (except for offsets), is made in cases:

a) VAT liability of goods (services) in zero rate;

b) taxation of goods and services in the lowered rate;

c) mistakes in calculation of VAT amounts and charge of penalty fee;

d) others.

2.2. According to part 8 of article 102 compensation of the VAT for acquired inventory items, services in deliveries to export, is allowed in the presence of confirmation of the foreign receiver of goods, services, including transport.

2.3. If the subject of the taxation has debt on the budget for the VAT, other taxes and payments, then compensation is not made, and the amount which is subject to compensation becomes engrossed in reading on account of the VAT or can be offset on account of other taxes and payments, according to part (4) article 8 of the Law "About Procedure for Tax Collection, Charges and Other Payments" provided that money came to the budget or are subject to compensation according to the law.

2.4. The VAT amounts which are subject to compensation can be directed to repayment of the added amounts of penalty fee and penalties.

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