2017土库曼斯坦税务简报（英文版）

报告摘要

Summary of International Tax Highlights in Turkmenistan (2017)

Core Content Overview

This document provides an overview of the international tax framework in Turkmenistan as of 2017, covering corporate and personal taxation, value added tax (VAT), and related compliance and anti-avoidance rules.

Corporate Taxation

Tax Residence

Resident companies are those incorporated in Turkmenistan and with their management body located in Turkmenistan.
Nonresident companies are incorporated abroad.

Taxable Income

Resident companies are taxed on worldwide income.
Nonresident companies are taxed on Turkmen-source income or income derived from business activities in Turkmenistan.
Taxable income is calculated as gross income minus allowable deductions.
Operating losses can be carried forward for up to 3 years for general taxpayers.
Petroleum Law contractors can carry forward losses for 10 years from the start of commercial production.

Tax Rates

Corporate profit tax: 8% for resident nongovernmental entities, 20% for other residents (including Petroleum Law contractors).
Sole proprietorships: 2% income tax rate.
No surtax or alternative minimum tax.

Withholding Tax

Dividends, interest, royalties, and technical service fees paid to nonresidents are subject to 15% withholding tax, unless reduced by a tax treaty.
Branch remittance tax: Not applicable.
Rental and leasing income: 15% withholding tax.
Freight services: 15% for general freight, 6% for sea or air freight.

Other Taxes

Subsurface use tax: Applies to companies in subsurface operations, with rates ranging from 0% to 50%.
Property tax: 1% of the average annual net book value of fixed assets and 1% of the average annual value of tangible current assets used in business.
Social security contributions: Employers must contribute 20% of local gross payroll to the pension insurance fund.
Payroll tax: Employers are required to withhold individual income tax, city maintenance fees, and voluntary pension and medical insurance contributions.

Anti-Avoidance Rules

Transfer pricing: Applies to related party transactions and external trade deals. Tax authorities can adjust if the price differs from the market rate by more than 20% (10% for Petroleum Law contractors).
Thin capitalization, controlled foreign companies, and disclosure requirements: Not applicable.

Compliance

Tax year: Calendar year.
Filing: Separate returns are required; quarterly or semiannual for simplified accounting, and annual by 15 March.
Petroleum Law contractors: Deadlines may be set by the relevant agreement.
Penalties: Interest at 0.03% per day for unpaid taxes, and up to 40% penalties for underpayment.
Rulings: Explanatory letters are issued but not binding.

Personal Taxation

Tax Residence

Resident individuals: Physically present in Turkmenistan for 183 days or more in a calendar year, unless specified by a tax treaty.
Nonresidents: Only taxed on Turkmen-source income.

Taxable Income

Includes income from employment, business activities, and other Turkmen-source benefits.
Income from the leasing or use of property in Turkmenistan is taxable.
Dividends and interest are also considered taxable income.

Capital Gains

Not taxable for individuals, except for gains from entrepreneurial activities.

Deductions and Allowances

Standard monthly deductions for minimum salary (TMT 50 per taxpayer and dependent), voluntary pension and medical insurance contributions.

Tax Rates

Employment income: 10% flat rate for both residents and nonresidents.

Other Taxes

No capital duty, stamp duty, capital acquisitions tax, real property tax, inheritance/estate tax, or net wealth tax for individuals.
City maintenance fee: TMT 2 per month for individuals.

Compliance

Tax year: Calendar year.
Filing and payment: Individuals with only employment income and tax withheld at source generally do not need to file. For other taxable income, returns must be filed by 25th day of the month following the reporting period (or 1 April for nonresidents), and taxes paid by 10th day of the second month (or 15 April for nonresidents).
Penalties: Apply for late payments and noncompliance.

Value Added Tax (VAT)

Taxable Transactions

VAT is applied to the turnover of most goods and services in Turkmenistan, except for specific exemptions.

Tax Rates

Standard rate: 15%.
Zero rate: For exported goods (except gas and oil), international passenger and cargo transportation, and goods/services for petroleum operations.
Exemptions exist for certain operations.

Registration

VAT registration is part of the overall tax registration process.

Filing and Payment

Tax period: Calendar month.
VAT declarations: Must be filed monthly by the 20th day of the following month.
VAT remittance: By the 25th day of the following month.
Nonresident tax agents: Must withhold and remit VAT at the time of payment, and within 15 days if the payment is made from overseas.