Law No XI-724 of 1 April 2010 Amending Article 1 of the Accounting Law of the Republic of Lithuania (Official Gazette (Valstybės Žinios), No 41–1944).

      

      This amendment to the Law adjusted the list of entities subject to the Accounting Law. Entities include unlimited liability legal persons; however, limited liability legal persons, who are families, are singled out.

      

      The Law comes into force on 1 July 2010.

      Law No XI-747 of 13 April 2010 Amending Article 6.548 of the Civil Code of the Republic of Lithuania (Official Gazette (Valstybės Žinios), No 48–2297).

      

      The Law amended Paragraph 2 of Article 6.548 of the Civil Code of the Republic of Lithuania concerning entities which are eligible of entering into the agreement of lease of the land in state ownership. New wording of the Article established that the agreement of lease of the land in state ownership in accordance with their competence may be concluded by an institution performing functions of land owner. The previous wording of the Article stated that such agreement may be concluded by a county governor, municipal or any other institution which performs the functions of the owner of land.

      Law No XI-701 of 23 March 2010 Amending Articles 3, 5 and 7 of the Law of Development of Small and Medium-Sized Business (Official Gazette (Valstybės Žinios) No 38–1775).

      

      The purpose of this Law is to abolish the established functions of county governors also to simplify the procedure of declaration of undertaking status as a small and mediumsized enterprise (hereinafter – SME).

      

      The abolishment of county governors’ functions that was established by the previous version of the Law is related to the overall abolishment of the county governor administration as an institution in Lithuania. Also several provisions on the establishment of status of medium-sized, small and very small enterprises, were repealed. Based on a previous regulation if a business undertaking operates for a shorter period than one year the status thereof is established pursuant to the existing data and to the planned data of the financial year. Business undertaking with just one approved financial statement is under a liability to declare his status according to the data included in such financials statements. If a business undertaking operates for more than two years it shall by liable to present the data for two years in order to declare oneself as an SME entity. As amendments to the Law were imposed the status of an SME entity shall be declared pursuant to the data of financial statements for one reporting year.

      

      Resolution No 329 of 12 January 2010 of the Government of the Republic of Lithuania Amending the Resolution No 569 of 10 June 2009 of the Government of the Republic of Lithuania on Approving the Regulations of Provision of Loan Guarantees for Credit Institutions for the Loans Applied for by Very Small, Small, Medium-Sized and Large Companies (Official Gazette (Valstybės Žinios) No 38–1783).

      

      The Resolution amended the definition of a credit institution by refusing the provision, which treats a credit institution as a body working on the territory of the Republic of Lithuania. From now a credit institution is a body operating both in the Republic of Lithuania and in other state, which grants a loan to very small, small, medium-sized or a large companies, the repayment of which is guaranteed by INVEGA (UAB Investiciju ir Verslo Garantijos).

      

      The Resolution also partially amended the circumstances of INVEGA guarantee provision to very small, small, medium-sized, large company or a group of companies, i.e. (i) the biggest total amount of INVEGA guarantee was raised from LTL 5 million to LTL 20 million, and (ii) the biggest total amount of loans guaranteed by INVEGA was raised from LTL 20 million to LTL 25 million.

      

      Other provisions of a regulation remained unamended.

      Order No 1-120 of 16 April 2010 of the Minister of Energy of the Republic of Lithuania on the Approval of Procedures of Provisions of Agreements of Standard Electricity Transfer Services to Household Users (Official Gazette (Valstybės Žinios) No 47–2275).

      

      Pursuant to Paragraph 2 of Article 36 of the Law on Electricity of the Republic of Lithuania, which puts a liability on the Ministry of Energy to establish the provisions of agreements on electricity transfer services with household users, the Minister of Energy has passed an order by which he approved the procedures of provisions of agreements of standard electricity transfer services to household users. The procedure regulates the conclusion, the coming into force, termination of agreements on electricity transfer services provided to household users, the procedure and conditions of electricity transfer, the procedure of pricing of electricity transfer services, the procedure of settlement by the user for the transfer services, rights, liabilities and responsibility of parties for non-compliance to requirements, the procedure of hearing and settlement of applications and disputes, the term of validity of electricity transfer agreements with household users, conditions and procedure of amending or terminating the agreement.

      

      The Procedure is binding to distribution network operators and users. In cases when a user has not yet signed an agreement with the operator but electricity is transferred to him (case defined in Paragraph 1 of Article 6.384 of the Civil Code of the Republic of Lithuania), the standard provision established by this Procedure, the provisions of the Rules of Use and Supply of Electricity, which are approved by Order No 1-38 of the Minister of Energy of the Republic of Lithuania of 22 February 2010, and provisions of other legal acts apply to the relations thereof. Following the Procedure, an operator shall prepare an agreement where he is liable for inclusion of provisions established by the Procedure.

      Law No Nr. XI-722 of 1 April 2010 Amending the Law on Excise Duty of the Republic of Lithuania (Official Gazette (Valstybės Žinios), No 45–2174).

      

      This Law implemented the Council Directive 2008/118/EC concerning the general arrangements for excise duty and repealing Directive 92/12/EEC. The Law establishes that excise duties shall not be calculated on goods that have been destroyed or irretrievably lost and regulates the obligation to pay excise duties on natural gas. It also specifies the provisions establishing electricity taxation and introduces other amendments of technical nature.

      

      The Law came into force on 20 April 2010.

      

      Order No 1K-137 of 29 April 2010 of the Minister of Finance of the Republic of Lithuania Amending the Order No 1K-135 of 28 April 2004 of the Minister of Finance of the Republic of Lithuania on the Approval of the Rules for Transporting Imported Excisable Goods to a Warehouse of Excisable Goods in Order to Avoid the Obligation to Pay Import Excise Tax (Official Gazette (Valstybės Žinios), No 51–2538)

      

      This Order approved the new wording of the procedure for the transportation of imported excisable goods to a warehouse of excisable goods in order to avoid the obligation to pay import excise tax.

      

      The Order came into force on 5 May 2010.

      Order No VA-34 of 30 March 2010 of the Head of the State Tax Inspectorate under the Ministry of Finance of the Republic of Lithuania Amending the Order No VA-37 of 22 March 2004 on the Form FR0531 for Annual Returns of a Non-permanent Resident of Lithuania for Income from Individual Activity Through a Permanent Base in Lithuania and Annex Form FR0531v and the Rules for Their Completion and Submission (Official Gazette (Valstybės Žinios), No 30-1920).

      

      This Order approved the new form for annual returns of a non-permanent resident of Lithuania for income from individual activity through a permanent base in Lithuania (version 03), its annexes and rules for their completion. The returns shall be submitted for 2009 and subsequent tax periods.

      

      The Order came into force on 10 April 2010.

      

      Law No XI-706 of 30 March 2010 Amending Article 6 of the Law of the Republic of Lithuania on Personal Income Tax (Official Gazette (Valstybės Žinios), No 41-1931).

      

      The Law changed the minimum calculation of income tax of fixed amount set by the municipality councils and payable on income received during a tax period when receiving the business certificate.

      

      Until this Law amendment comes into force (on 1 January 2011), the income tax of fixed rate set by the municipality councils may not be lower than the income tax calculated by applying the income tax rate (that will be valid on 1 January of the tax period for which the business certificate is acquired) set forth in Paragraph 1 Article 6 to the amount of twelve minimum monthly salaries valid on 1 October of the tax period preceding the tax period in which the business certificate is acquired.

      

      After this Law amendment comes into force, the fixed income tax set by the municipality councils may not be lower than the income tax calculated on one minimum monthly salary applying the income tax rate specified in paragraph 1 Article 6 that will be valid on 1 January of the tax period for which the business certificate is acquired.

      

      However, from 1 January 2012 the wording of Article 3 valid until 1 January 2011 will go back into force.

      Order No V-267 of 6 April 2010 of the Minister of Health of the Republic of Lithuania on Pricing of Reimbursable Medicines and Medical Aid Equipment and on Approval of Procedure of Application Thereof (Official Gazette (Valstybės Žinios), No 42–2047).

      

      The Procedures of Pricing of Reimbursable Medicines and Medical Aid Equipment (MAE) and application thereof (hereinafter – the Procedures) and the sales markups of Reimbursable Medicines and MAE were approved pursuant to Articles 57 and 59 of the Law on Pharmacy of the Republic of Lithuania, which establish general requirements of pricing of reimbursable medical products and medical aid equipment, in order to ensure a clear pricing of reimbursable medicinal products and medical aid equipment and application thereof.

      

      The Procedures established the process of inclusion of medical preparations into the Pricelist of Reimbursable Medical Preparations and the inclusion of MAE into the Pricelist of Reimbursable MAE (conditions of inclusion into the pricelists, requirements to applications and documents provided for the purpose of inclusion of medical preparations and MAE into the pricelists, the procedure of application hearing ), the procedure of deleting thereof from the pricelists, the procedure of approval of pricelists, also the procedure of pricing of reimbursable medical preparations and MAE to wholesale licence-holders, wholesale MAE companies and pharmacies.

      Order No D1-326/1K-117 of 22 April 2010 of the Minister of Environment of the Republic of Lithuania and the Minister of Finance of the Republic of Lithuania Amending the Order No D1- 370/1K-230 of 9 July 2008 of the Minister of Environment of the Republic of Lithuania and the Minister of Finance of the Republic of Lithuania on the Approval of the Procedures for the Calculation and Payment of Pollution Tax (Official Gazette (Valstybės Žinios), No 49–2411).

      

      The Order approved the new wording of the procedure for the calculation and payment of tax on pollution from mobile pollution sources and the procedure for the calculation and payment of tax on pollution from stationary pollution sources.

      

      There is an important amendment to the procedure for the calculation and payment of tax on pollution from stationary pollution sources setting forth that tax on pollution from stationary pollution sources should be paid and the declaration of pollution tax from stationary pollution sources should be submitted not later than 60 calendar days after the end of the tax period. Thus the obligation to calculate and pay tax quarterly is abolished along with the obligation to pay it semi-annually that used to be applicable to the taxpayers whose calculated pollution tax from stationery pollution sources for the last year was lower than LTL 10 thousand.

      

      The Order came into force on 30 April 2010.

      Order No 4-258 of 31 March 2010 of the Minister of Economy of the Republic of Lithuania on the Approval of the Supplier Integrity Declaration Form (Official Gazette (Valstybės Žinios), No 39–1887).

      

      This Order annulled the Supplier Integrity Declaration approved by the Order of the Minister of Economy of the Republic of Lithuania No 4-4 of 1 February 2006 and approved the new separate forms: the Supplier Integrity Form (for legal entity, other organisation or its subdivision) and the Supplier Integrity Form (for natural person). These declarations are generic; they neither specify the concrete procurement object nor the information of the publication where the public procurement was announced.

      

      The Order came into force on 15 April 2010.

      

      Order No 1S-44 of 31 March 2010 of the Director of the Public Procurement Office Amending the Order No 1S-80 of 14 December 2006 of the Director of the Public Procurement Office under the Government of the Republic of Lithuania on the Approval of the Rules for Entering Suppliers into the Official Lists of Approved Suppliers (Official Gazette (Valstybės Žinios), No 41–2023).

      

      This Order amended the Rules for Entering Suppliers into the Official Lists of Approved Suppliers approved by Order No 1S-80 of 14 December 2006 of the Director of the Public Procurement Office under the Government of the Republic of Lithuania (Official Gazette (Valstybės Žinios), 2006, No 140-5383).

      

      The Order came into force on 11 April 2010.

      Order No 1S-44 of 31 March 2010 of the Director of the Public Procurement Office under the Government of the Republic of Lithuania Amending the Order No 1S-80 of 14 December 2006 of the Director of the Public Procurement Office under the Government of the Republic of Lithuania on the Approval of Rules of Enlisting of Suppliers into the Official Lists of Approved Suppliers (Official Gazette (Valstybės Žinios) No 41–2023).

      

      Pursuant to Subparagraph 1 of Paragraph 2 of Article 8 of the Law on Public Procurement of the Republic of Lithuania, which imposes the obligation on to the Public Procurement Office to draft and/or adopt legal acts regulating procurement according to its competence, the Order of Director of the Public Procurement Office amended the Rules of Enlisting of Suppliers into the Official Lists of Approved Suppliers.

      

      The Order supplemented Paragraph 19 of the Rules, which indicated the liability of a supplier to submit documents approving his general requirements and his right to be engaged in a specific activity by indicating that in case a supplier submits an application to be enlisted into the official list via the Central Public Procurement Information System, by completing an established form of application he is also provided a possibility to apply for a certificate approving joint data managed by competent institutions concerning the supplier, from the public company the Centre of Registers via the IS of the Central Public Procurement. In this case a supplier shall indicate in his application for the enlisting him in the official list of suppliers that he applied for a certificate in the IS of CPP and such certificate shall be directly provided to the Office by the public company the Centre of Registers via IS of CPP. In order to prove his right to be engaged in a specific economic activity a supplier form now on shall be liable for the provision of a certificate of registration of a legal person (a company) or a copy of register extract.

      

      The following annexes were presented in new wording: A Template of Application on the Enlistment into the Official List of Suppliers and a Template of an Application on the Extension of Registration with the Lists of Approved Suppliers.

      Order No VA-36/1B-222 of 2 April 2010 of the Head of the State Tax Inspectorate under the Ministry of Finance of the Republic of Lithuania and the General Director of the Customs Department under the Ministry of Finance of the Republic of Lithuania Amending the Order No V-57/1B-160 of 26 February 2003 of the Head of the State Tax Inspectorate under the Ministry of Finance of the Republic of Lithuania and the General Director of the Customs Department under the Ministry of Finance of the Republic of Lithuania on the List of Codes of Taxes, Levies and Other contributions to the State Budget, Municipal Budgets and State Monetary Funds of the Republic of Lithuania (Official Gazette (Valstybės Žinios), No 41–2014).

      

      This Order extended the list of taxes, levies and other contributions paid to the public accounts of the territorial state tax inspectorates including a new payment line “for periods until 31 December 2009, payable without submitting annual income returns” in the Section “Compulsory health insurance contributions” with the respective attributed codes.

      

      The Order came into force on 11 April 2010 and the amendments apply 3 days after the enforcement date of this Order.

      Resolution No 454 of 21 April 2010 of the Government of the Republic of Lithuania Amending the Resolution No 861 of 12 June 2002 of the Government of the Republic of Lithuania on the Implementation of the Law on Value Added Tax of the Republic of Lithuania (Official Gazette (Valstybės Žinios), No 49–2383).

      

      From the date this Resolution comes into force, the advance VAT payments shall be made by the VAT payers whose average VAT amount payable to the budget per tax period exceeded LTL 10 million during 3 consecutive calendar months.

      

      We would like to note that so far, the limit was LTL 100 thousand. As regards the VAT payers generating income only from construction, construction and installation works, as well as VAT payers whose income from the supply of agricultural products and/or supply of services in the last calendar year constituted more than 50 percent of the total income, the limit was LTL 200 thousand.

      

      This Resolution came into force from 1 May 2010.