Implementation of Decree No. 345
For clarifications regarding Decree No. 345, you can contact:
— by phone 31396 (specialists of the Economy Department of Postavy District Executive Committee)
— by phone 41892 (Control Department of the Tax Inspectorate for Postavy District)
Implementation of Decree No. 345
On September 22, 2017, the President of the Republic of Belarus signed Decree No. 345 "On the Development of Trade, Public Catering, and Consumer Services".
By the Decision of the Vitebsk Regional Council of Deputies No. 226 of November 21, 2017 "On Measures for the Implementation of Decree of the President of the Republic of Belarus No. 345 of September 22, 2017", an exhaustive list of rural settlements and territories and small urban settlements was approved.
Scope of the Decree
The Decree applies to (subparagraph 1.1, paragraph 1 of the Decree):
| Subject | Territory | Activity |
|
Individual entrepreneurs and legal entities |
Rural areas. For reference Rural area territory — the territory of the Republic of Belarus, with the exception of urban-type settlements and cities with an average annual population of more than 2 thousand people (paragraph 5, subparagraph 1.7, paragraph 1 of the Decree) |
Retail trade, public catering, consumer services |
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Individual entrepreneurs and micro-organizations. For reference Micro-organization — a legal entity with an average number of employees per calendar month not exceeding 15 people (paragraph 4, subparagraph 1.7, paragraph 1 of the Decree) |
Small urban settlements. For reference Small urban settlement territory — the territory of urban-type settlements and cities where the average annual population is more than 2 thousand people, but does not exceed 10 thousand people (paragraph 6, subparagraph 1.7, paragraph 1 of the Decree) |
Public catering, consumer services |
The Decree does not apply to retail trade in motor fuel, vehicles, jewelry and household items made of precious metals and stones, as well as to consumer services for maintenance and repair of vehicles (paragraph 2 of the Decree).
Tax benefits
| Benefit | Conditions for provision | Comment |
|
Turnovers from the sale of goods (works, services) arising respectively from activities in rural areas and from activities in small urban settlements are exempt from VAT (subparagraph 1.1, paragraph 1, clause 2 of the Decree) |
For individual entrepreneurs and legal entities, to apply the VAT exemption, the distribution of VAT tax deductions is carried out using the separate accounting method (subparagraph 1.2, paragraph 1, clause 2, part four of the Decree). Benefits can be implemented by individual entrepreneurs and legal entities provided that separate accounting of turnovers (revenue, income) from the sale of goods (works, services) to which the benefits apply is maintained in the manner established by law (subparagraph 1.2, paragraph 1, clause 2, part two of the Decree) |
For individual entrepreneurs and legal entities, VAT amounts for goods remaining in stock on the date from which turnovers from the sale of such goods (goods produced using goods remaining in stock) are exempt from VAT according to subparagraph 1.1, paragraph 1, clause 2 of the Decree are not subject to deduction |
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Profit from the sale of goods (works, services) received respectively from activities in rural areas and from activities in small urban settlements is subject to profit tax at a rate of 6% (subparagraph 1.1, paragraph 1, clause 3 of the Decree) |
Benefits can be implemented by individual entrepreneurs and legal entities provided that separate accounting of turnovers (revenue, income) from the sale of goods (works, services) to which the benefits apply, as well as costs (expenses) for the production and (or) sale of these goods (works, services) is maintained in the manner established by law (subparagraph 1.2, paragraph 1, clause 2, part two of the Decree) |
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Income from activities in the respective territories, reduced by the amount of tax deductions applied sequentially in accordance with Articles 168, 164–166 of the Tax Code of the Republic of Belarus (hereinafter — TC), is subject to personal income tax at a rate of 6%, if the individual entrepreneurs receiving them are payers of this tax (subparagraph 1.1, paragraph 1, clause 4 of the Decree) |
Benefits can be implemented by individual entrepreneurs and legal entities provided that separate accounting of turnovers (revenue, income) from the sale of goods (works, services) to which the benefits apply, as well as costs (expenses) for the production and (or) sale of these goods (works, services) is maintained in the manner established by law (subparagraph 1.2, paragraph 1, clause 2, part two of the Decree) |
This refers to professional, standard, social, and property tax deductions |
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The monthly single tax rate for individual entrepreneurs who are payers of this tax and carry out activities in the respective territories, recognized as an object of single tax taxation, is 1 BV (subparagraph 1.1, paragraph 1, clause 5 of the Decree). In addition, the norm of paragraph 9 of Article 299 of the Tax Code, which states that if the gross revenue exceeds 40 times the amount of the single tax for the corresponding reporting period, the individual entrepreneur calculates an additional payment of the single tax in the amount of 5% of the amount of such excess, does not apply (part three of sub-paragraph 1.2 of paragraph 1 of the Decree) |
For individual entrepreneurs providing household services who are single tax payers, the provisions of paragraph 5 of sub-paragraph 1.1 of paragraph 1 of the Decree apply to the provision of household services to the population in accordance with the appendix to the Decree |
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The following are exempt from real estate tax, land tax, and rent for state-owned land plots: 1) capital structures (buildings, facilities) located in rural areas that are retail facilities, public catering facilities, household service facilities, or parts thereof, and land plots on which these capital structures (buildings, facilities) are located, for legal entities, provided that they carry out activities in these capital structures (buildings, facilities) in rural areas during the calendar month; 2) capital structures (buildings, facilities) located in small urban settlements that are public catering facilities, household service facilities, or parts thereof, and land plots on which these capital structures (buildings, facilities) are located, for micro-organizations, provided that they carry out activities in these capital structures (buildings, facilities) in small urban settlements during the calendar month (paragraphs 6–8 of sub-paragraph 1.1 of paragraph 1 of the Decree) |
Benefits are provided for the capital structure (building, facility) and the land plot as a whole, regardless of the direction of use (non-use) of their parts not related to the objects specified in paragraphs 6–8 of sub-paragraph 1.1 of paragraph 1 of the Decree. In this case, real estate tax benefits are provided in the quarter in which the legal entity is entitled to the benefit (part five of sub-paragraph 1.2 of paragraph 1 of the Decree) |
Other benefits
Among other (non-fiscal) benefits, the Decree provides that capital structures (buildings, facilities), isolated premises owned by the Republic of Belarus, may be alienated to individual entrepreneurs and legal entities on a reimbursable basis for retail trade, public catering, and household services to the population in rural areas and (or) small urban settlements without an auction at market value and without documents certifying the state registration of their creation and the emergence of rights to such objects (sub-paragraph 1.6 of paragraph 1 of the Decree).
The restriction established by paragraph 4 of Article 26 of the Law of the Republic of Belarus dated 08.01.2014 No. 128-Z "On State Regulation of Trade and Public Catering in the Republic of Belarus" in accordance with the commented Decree does not apply to legal entities whose share in the volume of retail trade in food products within the boundaries of the districts where their trade facilities are located, for the previous financial year, exceeds 20%. These legal entities have the right to acquire, lease additional retail space in rural areas within these districts for retail trade or to take other actions aimed at increasing such space (subparagraph 1.5 of paragraph 1 of the Decree).
The Decree also exempts legal entities and individual entrepreneurs from complying with certain requirements established by the Law of the Republic of Belarus dated 27.08.2008 No. 429-Z "On State Regulation of Production and Turnover of Alcoholic, Non-Food Alcohol-Containing Products and Non-Food Ethyl Alcohol".
| Subject | Benefit | Comment |
|
Legal entities |
Have the right to carry out retail trade in alcoholic beverages: a) in shops and/or pavilions located in rural areas with a retail area of less than 50 m²; b) using mobile shops in rural areas regardless of whether the legal entity has a shop and/or pavilion where alcoholic beverages are retailed, provided that the route of such mobile shop and the assortment list of goods are agreed upon with the local executive and administrative body (subparagraph 1.3 of paragraph 1 of the Decree) |
The benefit is granted subject to compliance with other restrictions in the field of alcoholic beverage turnover established by law |
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Individual entrepreneurs |
Have the right to carry out retail trade in alcoholic beverages in shops and/or pavilions located in rural areas regardless of the retail area of such shops and/or pavilions (subparagraph 1.4 of paragraph 1 of the Decree) |
The benefit is granted subject to compliance with other restrictions in the field of alcoholic beverage turnover established by law |