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
- 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
LAWS AND REGULATIONS
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.
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.