TAX CODE OF GEORGIA
BOOK 1. GENERAL PROVISIONS 1
PART I. GENERAL PROVISIONS 1
CHAPTER 1. TAX SYSTEM OF GEORGIA 1
CHAPTER 2.TERMS AND CONCEPTS USED IN THE TAX CODE 4
PART II. ENTERPRISES, ORGANIZATIONS, PHYSICAL PERSONS, TAXPAYERS AND TAX AGENTS 18
CHAPTER 3. ENTERPRISES, ORGANIZATIONS, PHYSICAL PERSONS 18
CHAPTER 4. TAXPAYERS AND TAX AGENTS 26
PART III. TAX OMBUDSMAN 30
CHAPTER 5. GENERAL PROVISIONS 30
CHAPTER 6. APPOINTMENT OF TAX OMBUDSMAN AND 30
TERMINATION OF HIS/HER AUTHORITIES 30
CHAPTER 7. RIGHTS AND RESPONSIBILITIES OF TAX OMBUDSMAN. 32
CHAPTER 8. APPARATUS OF TAX OMBUDSMAN AND REPORT ON PERFORMED ACTIVITIES 33
CHAPTER 9. INFORMING TAXPAYERS 34
PART IV. SYSTEM OF TAX AGENCIES OF GEORGIA 35
CHAPTER 10. TAX AGENCIES OF GEORGIA AND THEIR MAIN FUNCTIONS 35
CHAPTER 11. RIGHTS AND RESPONSIBILITIES OF TAX AGENCIES 36
PART V. TAX LIABILITY 40
CHAPTER 12. TAX LIABILITY AND THE RULE OF ITS IMPLEMENTATION 40
CHAPTER 13. CHANGE OF TERM FOR FULFILLMENT OF TAX LIABILITY 50
CHAPTER 14. NOTICE ABOUT DEMAND OF TAX PAYMENT 52
CHAPTER 15. MEASURES TO ENSURE FULFILLMENT OF TAX LIABILITIES 53
PART VI. TAX ACCOUNTING 63
CHAPTER 16. RECORDING OF TAXABLE OBJECTS AND TAX ACCOUNTING 63
PART VII. TAX AUDIT 65
CHAPTER 17. GENERAL PROVISIONS 65
CHAPTER 18. TAX AUDIT 70
PART VIII. TAX LEGISLATION INFRINGEMENT AND LIABILITY 78
CHAPTER 19. GENERAL PROVISIONS OF TAX LEGISLATION INFRINGEMENT 78
CHAPTER 20. TYPES OF TAX LEGISLATION INFRINGEMENT AND LIABILITIES 80
PART IX. DISPUTE RESOLUTION 85
CHAPTER 21. APPEAL PROCEDURES 85
CHAPTER 22. ARBITRAGE 87
BOOK II. SPECIAL PROVISIONS 89
PART X. INCOME AND PROFIT TAX 89
CHAPTER 23. INCOME TAX 89
CHAPTER 24. PROFIT TAX 92
CHAPTER 25. GROSS INCOME 94
CHAPTER 26. DEDUCTIONS AND LOSS 96
CHAPTER 27. INTERNATIONAL TAXATION 102
CHAPTER 28. CHARGE OF THE TAX AT THE SOURCE OF PAYMENT 103
CHAPTER 29. TAX ACCOUNTING GUIDELINES 104
CHAPTER 30. TAX ADMINISTRATION PROCEDURES 113
PART XI. VALUE ADDED TAX 116
CHAPTER 31. GENERAL PROVISIONS 116
CHAPTER 32. OBJECTS OF TAXATION 118
CHAPTER 33. DETERMINATION OF TAXABLE TURNOVER AND OF TAXABLE IMPORT 119
CHAPTER 34. RESERVED 120
CHAPTER 35. ZERO-RATED TRANSACTIONS 122
CHAPTER 36. TIME, PLACE AND SPECIAL RULES OF TAXATION TRANSACTION 124
CHAPTER 37. VAT COMPUTATION AND PAYMENT PROCEDURES 127
CHAPTER 38. TAX ADMINISTRATION PROCEDURES AND CONCLUDING PROVISIONS 129
PART XII. EXCISE 130
CHAPTER 39. EXCISE 130
PART XIII. SOCIAL TAX 138
CHAPTER 40. SOCIAL TAX 138
PART XIV. TAX ON THE USE OF NATURAL RESOURCES 139
CHAPTER 41. TAX ON THE USE OF NATURAL RESOURCES 139
PART XV. LOCAL TAXES 145
CHAPTER 42. PROPERTY TAX 145
CHAPTER 43. TAX ON GAMBLING BUSINESS 150
PART XVI. CONCLUDING PROVISIONS 153
CHAPTER 44. CONCLUDING PROVISIONS 153
Translated by Georgia Enterprise Growth Initiative ii
BOOK 1. GENERAL PROVISIONS
PART I. GENERAL PROVISIONS
CHAPTER 1. TAX SYSTEM OF GEORGIA
Article 1. Relations Regulated by the Tax Code of Georgia
1. This Code, as provided by the Constitution of Georgia, shall regulate the general principles of the formation and functioning of the tax system of Georgia, legal relations related to meeting tax liabilities, legal status (condition) of taxpayers and tax agencies, responsibility for the violation of tax legislation, procedures and conditions for appealing illegal actions (inaction) of tax agencies and officials thereof.
2. The payment of customs taxes and duties is regulated by customs legislation.
Article 2. Georgian Tax Legislation
The tax legislation of Georgia consists of Constitution of Georgia, international agreements ratified and signed by parliament and this Code and subordinated normative acts adopted in compliance with it.
For the purpose of taxation the officially published acts of tax legislation that are in effect on the day when the tax liability arises are applied.
In case of a conflict between the provisions of the Code and normative acts of other spheres of the legislation in cases concerning tax matters, provisions of this Code shall prevail.
In cases provided by this Code, the government of Georgia or the Ministry of Finance of Georgia (hereinafter referred to as MOF) shall be authorized to issue subordinated normative acts in connection with taxation. The subordinated normative acts shall not contradict the provisions of this Code. In case of such contradiction, the provisions of this Code shall apply.
Definitions of the Civil or other legal areas used in this Tax Code shall be applied with the meaning specified in the relevant legal area, unless otherwise provided by this Code.
It is prohibited to regulate issues connected with taxation under the non-tax legislation, except for:
a) provisions concerning administrative offenses included in the Administrative Offenses Code;
b) provisions concerning tax crimes included in the Criminal Code;
c) provisions concerning priority of tax liabilities included in the law of Georgia “ On Bankruptcy”;
d) customs legislation;
e) legislation regarding imposition of levies.
f) provisions of the Law of Georgia “On Tax Liabilities and State Loans Restructuring”.
If an international treaty signed and ratified by Georgia establishes norms other than those provided in the tax legislation of Georgia, the norms of the international treaty shall apply.
Normative acts of the tax legislation shall become effective on the basis of the rules set under the Law of Georgia on “Normative Acts”, unless otherwise provided by this Code.
Article 3. Instructions, Orders and Guidelines
1. For the purpose of executing this Code, the MOF shall approve instructions. No provision of the instruction, which is not consistent with the provisions of the tax legislation acts, shall have legal force.
2. A chairman of the Tax Department of the Ministry of Finance shall issue orders, internal guidelines and methodological instructions in connection with the application of the tax legislation by tax agencies. In the process of executing the tax legislation, the tax agencies shall be guided by such orders, internal guidelines and methodological instructions
Article 4. Setting Deadlines
1. A deadline established under the tax legislation shall be a calendar date or the period of time, which is calculated according to years, months or days. A deadline may also be set by indicating to the circumstances, which will definitely take place.
2. Any deadline established under this Code shall commence on the following day of the actual event.
3. Deadlines for implementing actions shall be defined by a specific calendar dates or by indicating the event, which will definitely take place, or by a period of time. In the latter case, the action may be carried out during the continuation of the whole period.
4. A deadline, which is calculated according to years, shall finish in the respective month and date of the last year of the deadline.
5. A deadline, which is calculated according to months, shall finish at the last month of the deadline, upon the end of a respective month and date.
6. Activity for implementation of which a deadline is set may be carried out until the end of the last work day of the deadline, except for the cases, when this code permits implementation of this activity through bank transfers or insured post courier. In such cases activity is considered implemented within deadlines, if it was performed by 12 pm of the deadline.
7. If the last day of a deadline coincides with a non-business day then the deadline shall continue until the end of the next business day.
Article 5. Limitations of prescription
Statute of limitation for presenting “a tax notice” (on tax and/or sanction payment accrual) and “a taxpayer notice” (on tax refund or credit) is 6 year, unless otherwise stipulated by this Code. This period is calculated from the end of the tax year when the respective liability arose.
Article 6. Concept of a Tax
As provided by this Code, a tax is a mandatory, unconditional cash payment to the state, autonomous republics of Abkhazia and Osetia and local budgets of Georgia, which shall be paid by a taxpayer, having a mandatory, non-quid-pro-qwo and gratuitous nature of payment.
Article 7. Tax System of Georgia
The tax system of Georgia comprises:
a. legal conditions of the parties of relations defined by the Georgian Tax legislation, their rights, obligations and responsibilities;
b. taxes, rules of their establishment, amendment or elimination ;
c. rules, forms and methods of tax payment, tax control, providing satisfaction of tax liabilities
d. Rules for appeal and resolution of disputes arisen from relations defined by Georgian tax legislation;
Article 8. Principles of the Tax System of Georgia
1. Any person shall be obligated to pay nation-wide and local taxes established under this Code, according to which this person is a taxpayer.
2. It is prohibited to charge anyone with the obligation to pay a tax, which is not envisaged by this Code or which is established by violating the provisions of this Code; as well as compulsion of payment of taxes before deadlines established by the Code
3. Taxes assessed according to this Code represent a debt to the state and shall be subject to obligatory payment to the budget.
4. Municipalities are authorized to introduce local taxes envisaged by this Code only.
Article 9. Types of Taxes
1. Nation-wide and local taxes are in effect in Georgia.
2. The nation-wide taxes are taxes regulated by this Code, payment of which shall be mandatory on the entire territory of Georgia.
3. Local taxes are taxes regulated by this Code and established under the normative acts of local self-governing bodies (municipalities), the payment of which shall be mandatory on the corresponding territory of relevant subject.
4. The following belong to the nation-wide taxes:
a) income tax;
b) profit tax;
c) value-added tax
d) excise;
e) social tax
5. The following belong to the local taxes:
a. property tax;
b. tax on gambling business.
Article 10. Legal Basis for Establishment and Payment of taxes
1. Establishment, amendment or elimination of the nation-wide taxes shall be carried out by introducing respective changes and additions to this Code.
2. The local self-governing bodies, within their competence, shall be authorized to introduce the local taxes as provided only by this Code within the utmost amount set under the Tax Code of Georgia.
3. Establishment or elimination of the local taxes shall be carried out by introducing respective changes and additions to this Code, while the amendment of payment conditions or elimination of local taxes – by introducing changes and additions to the respective normative acts of relevant self-governing bodies.
4. The local self-governing bodies shall provide the Tax Department of Georgia and the respective tax agencies with the information about the introduction or elimination of local taxes, amendment of payment conditions and send the copies of normative acts thereof immediately after publication.
CHAPTER 2.TERMS AND CONCEPTS USED IN THE TAX CODE
Article 11. Tax terms and concepts application areas
Terms and concepts defined under this Code, which have the different meaning from terms and concepts in other spheres of legislation, shall be used only in regulating tax relations unless otherwise provided by the Georgian legislation.
Article 12 Definition of Terms Used in the Tax Legislation
1. Person – a physical person or legal person as defined under the Civil Code of Georgia, enterprise (organization) as defined under the Tax Code of Georgia.
2. Taxpayer identification number - a number assigned by the tax agency a taxpayer in accordance with Article 101 of this Code.
3. Accounting documentation - primary documents (including primary tax documents), accounting registers and other documents, which are the base for defining tax objects and objects related to taxation and tax liability.
4. Administration of taxes - aggregate of forms and methods connected with the calculation, payment, declaration, and control of taxes, as well as, keeping record and informing of taxpayers and providing for satisfaction of tax liabilities, performed by tax agencies in the process of executing tax legislation.
5. Location of taxable property - the place where the property is actually located; in case of movable property, place of registration in accordance with the procedure established by legislation. In case of movable property, if there is no place of registration, location of taxable property shall be defined in accordance with its actual location.
6. Resident - a resident physical person, a Georgian enterprise or a Georgian organization.
7. Non-resident - a person who is not a resident.
8. Family – Spouses, parents, children (step-children) and sisters and brothers, grandmother and grandfather residing jointly and maintaining a common household.
9. Partner– partner, shareholder, comandite, complementary, member of cooperative, according the Law of Georgia “On Entrepreneurs”.
10. Capital (Emission) Surplus – difference between total proceeds from selling shares issued by an enterprise and the total nominal value of these shares. Also, at a time of establishing entrepreneurial entity, surplus of non-cash (in-kind) contribution over established amount in accordance with Article 3.3 of the Law of Georgia “On Entrepreneurs”.
11. Dividend -- portion of the net profit that is distributed by a legal person among the partners considering tax year (years) results; also income from the distribution of property upon liquidation or repurchase of assets of a legal person, (in accordance with Article 531 of the Law of Georgia “On Entrepreneurs”) except for property of authorized capital and Capital Surplus, as well as property which the partner has previously contributed.
12. Interest – Income received from any debt liability (except for liabilities arising from supplying goods and/or rendering service) including payments related to credits (loans), deposits, accounts, bonds (securities) as well as income received in a form of discounts and interest received from the public pension funds.
13. Royalty:
a) payment for the right to extract mineral resources as well as use them when processing man-caused formations;
b) income received for the use of or right to use copyrights, software, patents, blueprints or models, trademarks or other ancillary types of rights;
c) income received for the use of or right to use industrial, trade, or scientific- research equipment;
d) income received for the use of know-how;