Excise tax

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Mmouth: EXCISE TAX

 

Plan:

 

1. Excise tax payers and object of taxation.

2. Adjustment of the taxable base

3. Excise tax calculation procedure.

4. Excise duty deduction.

5. Procedure for submission of invoice and payment of tax.

Basic phrases:

Excise, raw materials, natural value, contract price, free price, ad valorem.

1. Excise tax payers and object of taxation.

Excise tax payer legal entities and individuals are:

— Producers of excise goods (excise goods) on the territory of the Republic of Uzbekistan;

— importers of excise goods to the customs territory of the Republic of Uzbekistan;

— a partner (participant) of the contract of the ordinary partnership entrusted with the management of the business of the ordinary partnership, in case the ordinary partnership produces excisable goods.

According to the decision of the Cabinet of Ministers of the Republic of Uzbekistan, a person who is not a producer of excise goods may be designated as an excise tax payer for certain types of excise goods.

The following operations is an object subject to excise tax:

1) sale of excise goods, including:

— sale (shipment) of goods;

— in case of non-fulfillment of the obligation secured by the pledge, delivery of the pledged excise goods by the pledger;

— free delivery of excise goods;

— transfer of excisable goods to an employee hired by the employer at the expense of wages in the cases provided for by law, or transfer to the founder (participant) of a legal entity at the expense of calculated dividends;

— transfer of excise goods for exchange for other goods (works, services) in cases provided for by law;

2) transfer of excisable goods to the authorized fund (authorized capital) of a legal entity as a contribution or contribution or as a contribution of a partner (participant) under a general partnership agreement;

3) transfer of excisable goods to the participant (founder) of a legal entity in the event that he leaves (leaves) the legal entity or in connection with the reorganization, liquidation (bankruptcy) of a legal entity, as well as excise goods produced within the framework of an ordinary partnership agreement transfer to the partner (participant) of this contract in the event that his share of the property in the common property of the contract participants is allocated or such property is distributed;

4) submission of excise goods for processing on a share basis, as well as raw materials and materials on a share basis, including the producer of excise goods that are products of processing of excise raw materials and materials transfer to the owner of raw materials and materials given for processing;

5) transfer of produced and (or) mined excise goods for their own needs;

6) excise goods of the Republic of Uzbekistan import into the customs territory.

2. Tax base and adjustments to it

Excise tax rates are determined in absolute amount (fixed) based on the taxable base of excise goods expressed in kind.

Excise tax rates are set in percentages (ad valor) on manufactured excise goods, if of the Tax Code
Article 232 unless otherwise provided for in the third and fourth parts, the excise tax and value added tax excluded value of the realized excise goods is the taxable base.

Excise duty paid on account of wages, on account of calculated dividends, free of charge or in exchange for other goods (works, services), as well as in case of sale of goods at prices lower than the cost, the taxpayer shall pay less than the actual cost of the goods at the time of delivery. The value calculated on the basis of the fixed price is the taxable base.

The taxable base for excise goods produced from raw materials and materials submitted for processing includes the value of works related to the production of excise goods and the value of raw materials and materials submitted for processing.

Excise tax rates are determined in percentages (ad valor) on the basis of the customs value determined in accordance with the customs legislation on the taxable base for imported excise goods.

Tax baseto the taxpayer in the following cases:

— when the goods are fully or partially returned;

— when the terms of the transaction are changed;

— when prices change, when the buyer uses a discount.

To the taxable base Article 233 of the Tax Code the introduction of the correction provided for in the first part is carried out within a one-year period, and for goods with a specified warranty period, within the warranty period.

Adjustment of taxable base of the Tax Code
Article 233 a new invoice in accordance with the first and second parts or Article 233 of the Tax Code it is carried out on the basis of other documents confirming the occurrence of the event specified in the first part.

 

3. Excise tax calculation procedure.

The amount of excise tax per product unit (1 liter) on alcoholic products is determined according to the following formula:

(M x A) / 100%,

mother:

M is the strength of the finished alcoholic product (%) (regardless of the type of raw material from which alcohol is made)

A is the excise tax rate, in sums per product unit.

The amount of excise tax on other excisable products is determined according to the following formula:

(O x A) / 100,

mother:

O — contract (free) price including excise tax, without VAT;

A is the excise tax rate.

 

4. Excise duty deduction.

Article 236 of the Tax Code the amount of excise tax calculated in accordance with Article 237 of the Tax Code will be reduced by the specified discount amount.

When receiving excise goods or importing them to the customs territory of the Republic of Uzbekistan, if these goods were subsequently used as raw materials for the production of excise goods, the amount of excise tax paid in the territory of the Republic of Uzbekistan is deducted thrown away.

Suppliers of excise goods (raw materials) must specify the amount of excise tax on these goods (raw materials) in the invoice. If the amount of excise tax on excise goods (raw materials) is not specified in the invoice, this amount of excise tax is not deducted.

The discount is made in relation to the amount of excise tax specified in the invoice or customs cargo declaration, determined based on the volume of excise goods (raw materials) corresponding to the volume of excise goods sold during the tax period.

It is also applied when the excise goods made from raw materials and materials for processing are handed over, provided that the owner of the raw materials and materials subject to processing excise confirms that he has paid the excise tax.

5. Procedure for submission of invoice and payment of tax.

Calculation of excise tax to the state tax service authorities at the place of tax registration:

— by micro-firms and small enterprises that are excise tax payers — no later than the 25th day of the month following the tax period in each quarter of the year;

— by taxpayers who do not include micro-enterprises and small enterprises — submitted monthly no later than the 25th day of the month following the tax period.

Article 239 of the Tax Code unless otherwise provided, Articles 236 and 237 of the Tax Code The amount of excise tax calculated in accordance with the following terms shall be paid to the budget:

— no later than the 13th day of the current month — for the first ten days of the current month;

— no later than the 23rd day of the current month — for the second ten days of the current month;

— no later than the 3rd day of the next month — for the remaining days of the reporting month.

Excise tax on imported excise goods is paid by the importer before or during customs clearance of the goods.

Excise duty on imported excise goods that must be marked with excise stamps is paid before receipt of excise stamps.

Tobacco products and alcoholic beverages produced in the territory of the Republic of Uzbekistan, as well as imported into its customs territory, must be marked with excise stamps in accordance with the procedure established by the Cabinet of Ministers of the Republic of Uzbekistan.

 

Review Questions:

1. Which individuals pay excise tax?

2. Explain the excise tax calculation formula with an example.

3/What are the excise duty discounts?

4. Explain the procedure for applying the excise tax rate.

5. State the terms of excise tax calculation and payment to the budget.