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Index
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Baltic Legal Solutions Lithuania
April, 2009
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Law No XI-174 of 19 February 2009 Supplementing and Amending Articles 12, 401 of the Law on Corporate Income Tax of the Republic of Lithuania (Official Gazette (Valstybės Žinios), No 25976).
With this Law the direct and compensatory benefits to entities engaged in agricultural activity, offered in order to support the level of their income, were classified as tax-exempt income.
The provisions of the Law shall be applied in calculating the corporate income tax for 2009 and the succeeding tax periods.
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Law No XI-176 of 19 February 2009 Amending Articles 17 and 20 of the Law on Income Tax of Individuals of the Republic of Lithuania (Official Gazette (Valstybės Žinios), No 25978).
The Law amended the rules of calculation of the tax-exempt amount of income (TEA).
● TEA is calculated only in respect of taxed income of an individual, not the taxed together with the tax-exempt income as stated in the previous edition of the Law.
● Tax-exempt income shall also mean benefits paid upon the expiry or termination of a life insurance contract or a pension accumulation contract, not exceeding the amount of the paid contributions.
The Law also established personal TEA for those, with a limited capacity to work, the level of specific needs or the level of disability LTL 800 or LTL 600 depending on the level of working capacity, special needs or the degree of disability.
The Law shall be applied in calculating the income of 2009 and the succeeding periods as well as in tax returns.
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Resolution No 167 of 4 March 2009 of the Government of the Republic of Lithuania Amending the Resolution No 67 of 22 January 2001 of the Government of the Republic of Lithuania Approving the Rules of Licensing the Production of Alcoholic Beverages (Official Gazette (Valstybės Žinios), No 281098).
The Resolution increased the amount of tax arrears from LTL 1,000 to LTL 10,000 to the State Budget of the Republic of Lithuanian or other funds, the taxes made to which are administered by the State Tax Inspectorate, and the amount of possible debt to the State Social Insurance Fund Board. In case an entity faces tax arrears or owes to the State Social Insurance Fund Board an amount exceeding LTL 10,000 the State Tobacco and Alcohol Control Service under the Government of the Republic of Lithuania is entitled to warn such entity on a possible termination of its licence for the production of alcoholic beverages. In this case the term during which an entity has to settle tax arrears or to pay back debts to the State Social Insurance Fund Board may not exceed 60 days.
Resolution No 168 of 4 March 2009 of the Government of the Republic of Lithuania Amending the Resolution No 383 of 7 April 2004 of the Government of the Republic of Lithuania Approving the Rules of Licensing the Retail of Tobacco Products and the Rules of Sales of Tobacco Products (Official Gazette (Valstybės Žinios), No 281099).
The Resolution established a provision that an entity might be warned about the possible suspension of the validity of licence for retail of tobacco products if it falls into arrears exceeding LTL 10,000 (previously LTL 1,000) to the State Budget of the Republic of Lithuania or funds, the payments made to which are administered by the State Tax Inspectorate, or if it incurs a debt to the State Social Insurance Fund Board exceeding LTL 10,000 (previously LTL 1,000). In this case the term during which an entity has to settle tax arrears or to pay back debts to the State Social Insurance Fund Board may not exceed 60 days.
Analogous amendments were adopted on 4 March 2009 by the Resolution No 169 of the Government of the Republic of Lithuania Amending the Rules of Licensing the Wholesale of Tobacco Products. (Official Gazette (Valstybės Žinios), No 281100).
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Resolution No 1K-5 of 5 March 2009 of the Securities Commission of the Republic of Lithuania Amending and Supplementing the Rules on Submitting the Transaction Data to the Securities Commission, Approved by the Resolution No 1K-31 of 25 October 2007 of the Securities Commission of the Republic of Lithuania (Official Gazette (Valstybės Žinios), No 281137).
The Resolution extended the term until which Lithuanian based financial broker companies, credit entities and other undertakings, which meet the requirements imposed on mediators, must file the data on particular transactions (the time is extended by two hours, i.e. the data must be filed no later than until 16:00 PM of the next trade day after the registering of the transaction). Concerning the previously mentioned amendment, if a mediator notices an error in the already filed data on transactions, he must immediately, but no later than until 16:00 PM of the next trade day, correct the data error.
The Resolution additionally imposed a responsibility on the mediator to immediately e-mail the Securities Commission of the Republic of Lithuania in case a report of data accepting has not been sent in one hour time after its filing. A liability to inform the Securities Commission is also imposed on the mediators in cases when technical dysfunctions of data on securities collection, transmission and trade monitoring information systems appear.
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Order No 1K-058 of 9 March 2009 of the Minister of Finance Approving the Size of Penalties for the Second Quarter of 2009 (Official Gazette (Valstybės Žinios), No 281116).
The Order settled the size of penalties for the unpaid amounts or the belated payments for the second quarter of 2009 0.05 per cent for each belated day of payment, which shall become effective as of 1 April 2009.
Order No 1K-059 of 9 March 2009 of the Minister of Finance Approving the Interest Rate for Tax Loans for the Second Quarter of 2009 (Official Gazette (Valstybės Žinios), No 281117).
The Order settled the interest rate of 0.2 per cent for each day of use of the tax loan for the second quarter of 2009, which shall become effective as of 1 April 2009.
Order No VA-21/1B-108 of 26 February 2009 of the Head of the State Tax Inspectorate under the Ministry of Finance and the General Manager of the Customs Department under the Ministry of Finance of the Republic of Lithuania Supplementing the Order No V-57/1B-160 of 26 February 2003 of the Head of the State tax Inspectorate under the Ministry of Finance and the General Manager of the Customs Department under the Ministry of Finance of the Republic of Lithuania on the List of Codes of Taxes, Levies and Other Payments to the State Budget of the Republic of Lithuania, Budgets of Municipalities and State Monetary Funds (Official Gazette (Valstybės Žinios), No 281131).
The Order supplemented the list of codes of taxes, levies and other payments made to the budget income collecting accounts of the Territorial State Tax Inspectorates.
Order No VA-26/1B-177 of 24 March 2009 of the Head of the State Tax Inspectorate under the Ministry of Finance and the General Manager of the Customs Department under the Ministry of Finance of the Republic of Lithuania Supplementing the Order No VA-182/1B-1042 of 23 November 2004 of the Head of the State tax Inspectorate under the Ministry of Finance and the General Manager of the Customs Department under the Ministry of Finance of the Republic of Lithuania on the Procedure for Implementing the Rules on Inclusion of the Overpaid Tax Amounts Administered by Customs as Repayment to Other Tax Arrears, also on Inclusion of the Overpaid Amounts of other Taxes as Repayments for Taxes Administered by Customs (Official Gazette (Valstybės Žinios), No 351371).
The Order amended and presented a new version of the procedures of implementing the rules of the inclusion of the overpaid amounts to other tax arrears and state debts.
The Order came into force on 1 April 2009.
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Order No VA-22 of 5 March 2009 of the Head of the State Tax Inspectorate under the Ministry of Finance of the Republic of Lithuania Amending the Order No V-21 of 24 January 2003 of the Head of the State Tax Inspectorate under the Ministry of Finance of the Republic of Lithuania on the Approval of the Rules of Supplying Applications on Income Tax Adjustment (Official Gazette (Valstybės Žinios), No 271063).
The Order presented a new version of the Rules of Supplying an Application for an Income Tax Adjustment. Applications to adjust the income tax and compulsory social insurance contributions must be completed by those residents, who had income from the sales or other transfer into ownership of movable property, if that type of property is subject to legal registration, or immovable property, also income from non-individual activity from the sales or other transfer into ownership of the uncut forest, round timber, non-precious scrap metal, when income tax has been withheld in accordance with the procedure prescribed by Article 23 of the Law of Income Tax of Individuals or the compulsory health insurance contributions have been withheld in accordance with the provisions of the Law on Social Insurance.
The Order also presented a new version of the Application on Income Tax Adjustment No FR0464 (version 03).
The Order came into force on 11 March 2009.
Order No VA-23 of 6 March 2009 of the Head of the State Tax Inspectorate under the Ministry of Finance of the Republic of Lithuania Amending the Order No VA-7 of 15 January 2004 of the Head of the State Tax Inspectorate under the Ministry of Finance of the Republic of Lithuania on the Approval of the Form of Monthly Tax Return of Income in Category A, Forms of its Annexes and the Rules of their Completion and Submission (Official Gazette (Valstybės Žinios), No 281124).
The Order amended and presented a new version of the following:
● the Rules of Completion and Submission of the Form of Tax Return No FR0572 on Monthly Income Tax Withheld from Income in Category A, and its Annexes No FR0572A, FR0572U, also amended their Appendix: Codes of Income Types.
● the Form of Tax Return No FR0572 on Monthly Income Tax and Compulsory Social Insurance Contributions from Income in Category A (version 03), and its annex No FR0572A Data on Income Tax Withheld from Income in Category A of a Permanent Resident of Lithuania and on Compulsory Social Contributions (version 03).
The new versions of tax returns shall be applied in submitting tax returns and adjusting the benefits paid since 1 January 2009.
Order No V-105 of 6 March 2009 of the Director of State Social Insurance Fund Board under the Ministry of Social Security and Labour Approving the Rules of Submission of the Notice 13-SD on Individuals Receiving Income from Copyright Agreements also on Individuals Receiving Income from Sports or Performing Activity (Official Gazette (Valstybės Žinios), No 281127).
The Order presented a new form of the notice (13-SD) for tax returns on royalties and fees of sportsmen and performers, and approved the rules on the submission of such forms.
The Order also settled the provision that the insured must submit the Form No 13-SD until 30 March 2009 providing the data on individuals, who from 1 January 2009 have received income from copyright agreements, sports or performing activity.
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