guillot-pars

Par guillot-pars le 06/05/09
Dernier commentaire ajouté il y a 12 années 4 mois

Le Ministre de l'économie et des finances comme ultime recours en cas de redressement fiscal

Tel est l'essentiel de ce numéro

March 8, 2006

Esfand 17, 1384

LAWS AND REGULATIONS

- Procedures and Conditions for Final Appeal to

the Minister of Economy and Finance ..... Page 1

LEGAL NEWS

- Wage Increment for 1385 ..... Page 4

- Civil Servants Salaries up by 14.47% in 1385 ..... Page 5

- Expatriates Work Permit Expenses will Increase in 1385 ..... Page 6

- Highlights from 1385 Budget Bill ..... Page 6

BUSINESS AND ECONOMY

- CBIRI's 1384 Fiscal Report ..... Page 7

- Interest Rate Payable on Deposits Made with Banks

and Loans Given by Banks ..... Page 8

- 39% Fall in TSE Transactions ..... Page 8

- 1384, Most Flourishing Year for Foreign Investment ..... Page 9

- Automobile Imports, Less than Expected ..... Page 10

- Some 18% Increase in Domestic Car Prices Expected

in 1385 ..... Page 10

- Non Oil Exports During the First 11 Months in 1384 ..... Page 11

- Goods Worth $10.8 b. Transited Through Iran ..... Page 11

- Opinion in Respect of 1385 Wage Increment ..... Page 12

- More on Iranian Petroleum Exchange ..... Page 12

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LAWS AND REGULATIONS

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PROCEDURES AND CONDITIONS FOR FINAL APPEAL TO THE MINISTER OF ECONOMY AND FINANCE

According to Article 250 bis. of the Direct Taxation Act, in cases where a claim regarding taxation becomes final but the taxpayer concerned still believes that the claim is unfair and the taxpayer, by virtue of the documents in hand, can demonstrate the unfair nature of the tax claim, he may ask the matter in question to be reviewed by the Minister of Economy and Finance.

The Minister, upon receipt of the above claim, shall refer it, for examination, to a Board comprising 3 members appointed by the Minister.

The opinion given by a majority of the members of the said Board shall be enforceable and binding in respect of the tax dispute in question.

The Minister of Economy and Finance, in order to regularize the affairs concerning review of tax disputes by the above Board and to expedite the process of examination, issued a letter No.42543 dated January 8, 2006 to the Secretariat of the Board set up under Article 251 bis. of the Direct Taxation Act.

The said letter has been circulated by the Taxation Affairs Organization through Circular No.211-4252/19462 dated January 24, 2006.

Below is a translation of the Minister's letter:

Considering the need to organize the affairs, expedite the process of investigation of appeals made by taxpayers, remove the existing bottlenecks and to achieve the objectives described in the Direct Taxation Act, the following criteria must be minutely adhered to:

1. According to the provisions of Article 251 bis. of the Direct Taxation Act, only those appeals may be heard by the Board that

i. a complaint has been made in respect of fairness and supported by ample documents and evidences, and

ii. the appeal being sought by a claimant may not be heard by any authority set forth in the Direct Taxation Act.

Therefore, it is necessary that

i. Only those cases that have become final and enforceable due to completion of their investigation shall be referred to the Board set up pursuant to Article 251 bis. of the Direct Taxation Act.

ii. Only if after a tax claim has become final and enforceable, the taxpayer still objects to the validity of the claim on the basis of certain documents and evidence, an appeal may be made under Article 251 bis. of the Direct Taxation Act.

Considering the above, the Secretariat of Article 251 bis shall refuse hearing appeals in cases that have not yet become final or may be referred to other tax authorities. In such cases, the Secretariat shall advise the taxpayer concerned on the routine course of action and shall discontinue investigation of any such cases regardless of the progress that may have been made in this respect.

2. In respect of appeals made by those taxpayers who agreed to comply with the tax claim pursuant to the provisions of Articles 238 and 239 as well as Note 5 of Article 100 of the Direct Taxation Act, or in cases where a taxpayer objects to a judgement issued by tax authorities under Articles 27, 216, the Note under Article 157 and Article 251 of the Direct Taxation Act, the objecting taxpayer shall be bound to submit sufficient evidence and proof that he could not supply, in previous stages of investigation, the said documents or no access thereto was possible by citing acceptable reasons.

3. In order to file objection to a final tax verdict, the objecting taxpayer shall be under the obligation to fill in the required form and attach all his proof and evidence to the said form and submit same to the Secretariat of the Board set up under the provisions of Article 251 bis. of the Direct Taxation Act.

4. The above said Secretariat shall log the complaints and shall inform the objecting taxpayer of any defects in the documents and shall require correction of defects. The notice for correction of defects must be given as soon as possible but not later than 2 weeks after the date of logging the complaint in the book.

5. The Secretariat shall examine the complaints and shall communicate with the Taxation Affairs Organization in order to obtain the basic information regarding the dispute from the tax assessor concerned. The Secretariat shall prepare a brief report of the case and shall send the case together with the said report and documents to the office of the Minister of Economy and Finance for Minister's opinion whether the case must be referred to the Committee of Article 251 bis or not.

In cases where sufficient documents shall not be provided by the taxpayer or in case the taxpayer shall fail to prepare the report by filling in the required form, the case shall be closed by the Secretariat.

6. The matters that seem to be referable to the Board set up under Article 251 bis. shall be referred to a committee of three members being the permanent or commissioned personnel of the Ministry working at the Secretariat or to three experts who will be designated for this purpose in order to investigate the case and issue a judgement.

7. The designated 3-member committee, in order to examine a complaint, shall have the right to ask for all documents it may deem necessary, from the Taxation Affairs Organization. If necessary, the Board may require the presence of the tax assessor concerned to provide details and explanations. The Board may also require the tax assessor or others to give expert opinion. The Taxation Affairs Organization and tax assessors shall be under the obligation to send the required documents to the Board in accordance with the criteria on safe-keeping of documents and taking all the required measures in order that the documents shall not be lost, including sealing the files in a container, taking photocopies of the documents being sent, etc. and shall provide the required documents as soon as possible.

8. The 3-member Board shall issue its final judgement soon after completion of investigation and review of the case. The Secretariat of the Board shall immediately send the judgement, through the Taxation Affairs Organization, to the tax assessor concerned and to the taxpayer or to his attorney.

9. Although precise review and examination and taking all professional actions shall be expected in issuing an appropriate and legal judgement, but the members of the above Boards must also consider timely investigation and finalization of disputes within the shortest possible time, as a merit.

10. The Secretariat shall prepare a report once every two months on the activities of the boards and shall supply same to the Minister of Economy and Finance. The report shall contain the number of complaints filed, the number of cases referred to the boards mentioning the subject and type of complaints, the number of judgements issued and the number of cases under investigation by the boards as well as the result of judgements (cancellation of previous judgements, adjustment of figures, rejection of the objections and complaints made by taxpayers), together with the name and number of tax assessors concerned in respect of every case.

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LEGAL NEWS

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WAGE INCREMENT FOR 1385

The Labour High Council, at the end of every Iranian year decides the amount of the minimum salaries for the next year. The difference between the existing minimum wage and the minimum wage decided for next year shall be then used as the basis for fixing the amount of salaries increments.

Considering that the inflation rate during the next Iranian year 1384 has been predicted to be 13.4%, the Labour High Council decided to increase the minimum wage for next Iranian year by 22.3%, i.e. the daily minimum wage of Rls.40,864 in force in 1384 has been raised to Rls.50,000.

Other wage levels for employees who have been working for an employer, for at least one year, must be increased by 10% (ten percent) plus a fixed monthly sum of Rls.150,000 (hundred and fifty thousand rials).

Further, it has been decided that 10% of the amount of minimum wage i.e. Rls.150,000 shall be paid each month as child allowance, for up to two children, only.

The monthly commodities allowance payable to all employees (commodities coupons) has been fixed at Rls.100,000. Also, the housing allowance payable to all workers has been fixed at Rls.100,000 per month.

It has also been decided that the minimum salary payable to those who will be employed, in 1384, for a fixed period by signing indefinite employment agreements, must not be less than 2,300,000 rials.

Par guillot-pars le 06/05/09
Dernier commentaire ajouté il y a 12 années 4 mois

March 1, 2006

Esfand 10, 1384

LAWS AND REGULATIONS

- Circular on Tax Auditors' Reports Amended ..... Page 1

- Ban on Exit from the Country of All Board Members

of a Company Having Overdue Tax Liabilities ..... Page 4

- Operating Pyramidal Entities Banned ..... Page 5

LEGAL NEWS

- The Amount of Salaries' Increase for Next Iranian Year? ..... Page 6

- Growth of Subsidies in Next Year's National Budget ..... Page 7

- Only Dual Fuel Cars may be Imported Next Year ..... Page 8

BUSINESS AND ECONOMY

- The First Phase of Iran's Petroleum Exchange becomes

Operative in May 2006 ..... Page 8

- Country's Old Refineries will Undergo Renovation ..... Page 9

- $3 Billion of Foreign Investment for South Pars

Phases 6, 7 & 8 ..... Page 10

- Private investment to Build Power Plants ..... Page 10

- Production of Unsafe Automobiles ..... Page 11

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LAWS AND REGULATIONS

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CIRCULAR ON TAX AUDITORS' REPORTS AMENDED

Circular No.13269 issued on October 17, 2005

Considering the ambiguities on the way of implementation of Circular No.230/25559-1027 dated September 7, 2004 concerning tax auditors' reports being the subject of Article 272 of the Direct Taxation Act, the said Circular has been amended to substitute Sub-clauses 6, 7 and 8 of the Instruction given by Taxation Affairs Organization through letter No.213/467/3465 dated August 18, 2003 as follows:

Sub-clause 6 as Amended:

6. In cases where before or after issuing a tax assessment sheet, certain information or evidence shall be found in respect of concealing some income by the taxpayer concerned which shall require further investigation of the accounts books, vouchers and documents of the taxpayer or some explanations on his part shall be required, the Head of the Taxation Affairs Department shall require the official accountant or the taxpayer concerned, as the case may be, to supply the required information who shall be bound to act in the following manner:

6.1 The Official Accountant shall, within one month after the date of receiving the above inquiry, examine the accounts books, vouchers and evidences. If the income has not been recorded in the accounts books, the Accountant shall report the matter to the Head of the Taxation Affairs Department. In such case, the Taxation Affairs Department shall, in accordance with the applicable regulations, proceed with issuing a supplementary tax assessment sheet in respect of the concealed income, in case the original tax assessment sheet has been already issued.

6.2 If the income has been recorded in the accounts books, the official accountant shall, within one month after the date of receiving the inquiry and examining the accounts books, vouchers and evidences, report registration of the said income in the accounts books of the taxpayer concerned by indicating the voucher number and providing a photocopy of the accounting journal voucher and its attachments, to the Head of the Taxation Affairs Department.

Should the reported information correspond with the amount of the reported concealed income, the Taxation Affairs Department shall discontinue the investigation.

6.3 Should the official accountant fail to reply the inquiry made by the Head of the Taxation Affairs Department, within one month after the date of receiving the said inquiry or in case the explanations and the documents furnished by the Official Accountant shall not be in line with the amount of the reported concealed income, the Taxation Affairs Department shall directly refer to the taxpayer and shall act in accordance with the provisions of the Direct Taxation Act in respect of claiming and collecting the applicable tax.

Sub-clause 7 as Amended:

7. In cases where before issuing a tax assessment sheet, it shall be necessary to investigate the documents and evidences belonging to a taxpayer pursuant to the report of the tax auditor in respect of Sub-clauses "b" (acceptable expenses and depreciation) and "c" (withholding taxes) of Article 272 of the Direct Taxation Act, the following actions will be taken.

7.1 The Head of Taxation Affairs Department shall make inquiry in writing from the official accountant who shall be under the obligation to provide the supplementary explanations within one month after the date of receiving the inquiry to the Head of the Taxation affairs Department. Otherwise, the Taxation Affairs Department shall proceed with the assessment and investigation of the taxable income of the taxpayer if no reply shall be provided or in case there shall be no access to the accounts books and vouchers of the taxpayer.

7.2 Should the reply furnished by the official account prove to be insufficient with due regard to the tax law and regulations, at the discretion of the Head of Taxation Affairs Department, the matter will be investigated at a 3-member board comprising the representative of the Taxation Affairs Organization, the Head of Disciplinary Board of the Society of Official Accountants and a competent and experienced accountant designated by the Head of Taxation Affairs Organization. In provinces, the matter will be investigated by a 3-member board comprising the general-manager of the Taxation Affairs Department, a representative of the Society of Official Accountants and a competent, experienced accountant domiciled in the province to be designated by the Director-General of the Taxation Affairs Organization. The verdict issued by a majority of votes of the members of the above boards shall be acceptable to the Taxation Affairs Organization and the Society of Official Accountants and shall be used as the basis for finalization of the relevant case.

Note 1- Investigation by the 3-member board shall include discussions with the reporting official accountant, examination and review of the documents and evidences furnished in respect of the tax audit carried out on the matters being the subject of the inquiry made by the Taxation Affairs Department a the request made for carrying out supplementary investigations by the official accountant or the report submitted to the Board, as the case may be.

Note 2- Correspondence between the Taxation Affairs Department and the official accountant must be made through written notice or by registered mail, as the case may be.

8. In case of disputes over tax exemptions applicable to a taxpayer, the official accountant, within one month after the date of receiving an inquiry, shall provide to the Taxation Affairs Department, the photocopies of the documents, evidences and permits that have been used, in accordance with the Direct Taxation Act, as the basis for grant of tax exemption. Otherwise, in case the said documents shall not be provided or the explanations furnished by the official accountant shall not be sufficient, the Taxation Affairs Department shall take action on the basis of its authorities in respect of the tax exemption.

In cases where violations have been made by official accountants in implementation of the provisions of this circular, the Taxation Affairs Organization shall report the violations to the Society of Official Accountants in order that same shall be examined by the Disciplinary Boards of the said Society.

A copy of the judgement to be subsequently issued by the said boards shall be sent by the Society to the Office of the Disciplinary Tax Prosecutor.

The heads of Taxation Affairs Departments and official accountants must make arrangements in order that the inquiries and replies shall be sent in such way that tax claims shall not become time barred. Otherwise, the loss suffered due to time barring of tax claims, by the Government, shall be shouldered by them.

Gholam'Reza Haydari Kord Zanganeh

* * *

BAN ON EXIT FROM THE COUNTRY OF ALL BOARD MEMBERS OF A COMPANY HAVING OVERDUE TAX LIABILITIES

According to Article 198 of the Direct Taxation Act, the directors of wound up legal entities shall be jointly and severally liable together with the legal entity, for payment of the corporate taxes as well as withholding taxes due by the legal entity concerned. Also, Article 202 of the said law provides that the directors of private legal entities shall be liable for payment of the taxes payable by the said entities and their exit from the country may be banned on a request to be made by the Ministry of Economy and Finance or by the Taxation Affairs Organization.

The Ministry of Economy and Finance, through a Circular No.210/11150/11425 dated September 12, 2005 informed that the directors who shall not be the authorized signatories of a company and shall receive no salary from the company may not be included in the above ban.

The Taxation High Council, through a judgement No.30/6544 dated September 4, 1999 had already ruled against the above assumption. Therefore, the Taxation Affairs Organization through a Circular No.18871 dated January 16, 2006 corrected its earlier Circular as follows:

"Although in Circular No.210/11150/11425 dated September 12, 2005 concerning implementation and enforcement of Articles 198 and 202 of the Direct Taxation Act justifications had been made in respect of the liabilities and authorities of the last directors of a legal entity and the ban on exit from the country of those directors who are not the authorized signatories of legal entities, but due to the provisions of Judgement dated September 4, 1999 issued by the General Board of the Taxation High Council the directors are jointly and severally liable and must be collectively banned from exiting the country in case of overdue tax liabilities of the legal entity concerned. Provided, however, that the tax liability has been created during their term of office. The directors thus cannot be excepted on any grounds and such exception shall be contrary to the provisions of Article 202 of the Direct Taxation Act.

Considering the above, please disregard Paras 2 and 3 of the above Circular. In cases where, due to any justifiable and plausible reasons, the ban should be removed in respect of one or more directors, coordination should be made with the office of the Head of Taxation Affairs Organization.

Par guillot-pars le 06/05/09
Dernier commentaire ajouté il y a 12 années 4 mois

February 22, 2006

Esfand 3, 1384

LAWS AND REGULATIONS

- Final Escalation Indices of the First and Second Quarters

in the Iranian Year 1384 ..... Page 1

- Decree on Winding-up some Overseas Rep Offices of

Ministries and Government Companies ..... Page 3

- Concealed Incomes/Arbitrary Tax Assessment ..... Page 4

- Only Audited Fiscal Statements Shall be Acceptable

For 1384 and Subsequent Years ..... Page 5

LEGAL NEWS

- Payment of Subsidies Shall Continue Next Year

Without Any Change ..... Page 7

BUSINESS AND ECONOMY

- Transfer of Iranian Forex Reserves to S.E. Asia Denied ..... Page 8

- US$1=Rls.8,950 Next Year ..... Page 8

- Disputes over Azadegan Oilfield ..... Page 9

- Automobile CBU Import Tariffs Likely to Reduce ..... Page 10

- 70% of Expected Automobile Import Duties not Materialized ..... Page 10

- Italian Ambassador Urges Expansion of Trade Ties ..... Page 11

- Iran-Italy Trade Unharmed ..... Page 11

Par guillot-pars le 06/05/09
Dernier commentaire ajouté il y a 12 années 4 mois

February 15, 2006

Bahman 26, 1384

LAWS AND REGULATIONS

- Regulations Pertaining to Issuance of Letters of

Guarantee by Iranian Banks & the By-laws

Pertaining to the Issuance and Endorsement of Letters

of Guarantee by Banks ..... Page 1

- Tax Treatment of the Value of Machineries &

Equipment for Foreign Contractors ..... Page 11

Par guillot-pars le 06/05/09
Dernier commentaire ajouté il y a 12 années 4 mois

February 8, 2006

Bahman 19, 1384

LAWS AND REGULATIONS

- 15 Day Visa Extendable to One Month to all Foreigners ..... Page 1

- The Amount of New Year Bonus to Employees Determined ..... Page 1

- The Law on the Formation and Administration

of Special Economic Zones ..... Page 2

LEGAL NEWS

- The New Customs Law in the Pipeline ..... Page 8

BUSINESS AND ECONOMY

- Transit Goods – March-Dec. 2005 ..... Page 9

- Statistics on Cigarette Imports During March-Dec. 2005 ..... Page 10

- Suspended Development Projects will be Funded in 1385 ..... Page 11

- The Costs of Decreased Inflation? ..... Page 11

Par guillot-pars le 06/05/09
Dernier commentaire ajouté il y a 12 années 4 mois

February 1, 2006

Bahman 12, 1384

LAWS AND REGULATIONS

- Government Required to Suspend Voluntary Actions if

Iran's Case will be referred to UN Security Council ..... Page 1

- On Formation of Aerospace Industries Organization

of IRI's Armed Forces ..... Page 2

- On Compliance with the Statutory Forms of

Court Documents ..... Page 3

- On the Use of Foreign Financing ..... Page 5

BUSINESS AND ECONOMY

- 1385 Budget's Base-$40 per Barrel of Oil ..... Page 7

- Iran's Petroleum Exchange, Putting US Interest at Risk ..... Page 8

- Privatization in Iran – Superficial ..... Page 9

- Rls.8,950 – Next Year's US Dollar Parity Rate ..... Page 10

- Civil Servants Salaries up by 14.5% Next Year ..... Page 11

- Comments on Petroleum Buy-Back Schemes ..... Page 11