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«Sysouev, Bondar, Khrapoutski» Law Firm
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«Sysouev, Bondar, Khrapoutski» Law Firm. entitled to benefits not provided by the legislation government guarantees can be obtained at the national level.

Dec 16, 2015

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Page 1: «Sysouev, Bondar, Khrapoutski» Law Firm. entitled to benefits not provided by the legislation government guarantees can be obtained at the national level.

«Sysouev, Bondar, Khrapoutski» Law Firm

Page 2: «Sysouev, Bondar, Khrapoutski» Law Firm. entitled to benefits not provided by the legislation government guarantees can be obtained at the national level.

• entitled to benefits not provided by the legislation

• government guarantees can be obtained at the national level

• the possibility of accounting for specifics of the project, while receiving the preferences

• leasing of a land plot without auction

Page 3: «Sysouev, Bondar, Khrapoutski» Law Firm. entitled to benefits not provided by the legislation government guarantees can be obtained at the national level.

•Project construction in parallel with the development of the project documentation each stage of construction

• Exemption from

*payment for the right to conclude the land lease contract

*VAT and income taxes because of granting of capital structures and isolated premises for the implementation of the investment project

•Determination of the general planning organization, the general contractor, the subcontractor design, construction and other organizations without conducting contract bidding

Page 4: «Sysouev, Bondar, Khrapoutski» Law Firm. entitled to benefits not provided by the legislation government guarantees can be obtained at the national level.

Undergoing the mandatory legal expertise by the investment project

Object, extent and terms of investments as well as terms of realization of the investment project and the contract validity

Rights and obligations of the investor (investors) and the Republic of Belarus – the parties of the investment contract

The responsibility of the parties of the investment contract for failure to meet the conditions

Information confidentiality requirementThe order and the authority to resolve disputes

concerning the contract provisions between the parties of the investment contract.

Page 5: «Sysouev, Bondar, Khrapoutski» Law Firm. entitled to benefits not provided by the legislation government guarantees can be obtained at the national level.

• FREE ECONOMIC ZONES (FEZS)

• HIGH-TECH PARK (HTP)

• BELARUSIAN-CHINESE INDUSTRIAL PARK

Page 6: «Sysouev, Bondar, Khrapoutski» Law Firm. entitled to benefits not provided by the legislation government guarantees can be obtained at the national level.

•was created in order to form favorable conditions for the software engineering, information and communication technology in Belarus (Belarusian “Silicon Valley”). The Decree of the President of the Republic of Belarus from 22.09.2005 N12 “On the High-Tech Park”

• the residents – 109

• export – 80% ПО

• from the creation the software export - $ 800 000 000

• Special legal regime 2005-2020

Page 7: «Sysouev, Bondar, Khrapoutski» Law Firm. entitled to benefits not provided by the legislation government guarantees can be obtained at the national level.

• Exempyion from:* profit tax

* VAT on the turnover from the realization of goods (works, services) on the territory of Belarus

* real estate tax on buildings and constructions

* land tax up to 3 years

* offshore tax at the payment of dividends

* import customs duties and VAT during the import of technological equipment

* the payment of local taxes and fees

• tax on other income - 9% (general – 12%)

• the permanent representation on dividends and royalties - 5 % (General rate is 12% and 15%)

Page 8: «Sysouev, Bondar, Khrapoutski» Law Firm. entitled to benefits not provided by the legislation government guarantees can be obtained at the national level.

• The amount of rent for the lease of buildings owned by the state on the territory of HTP is reduced in two times

• Exemption from the mandatory sale of currency proceeds (as a General rule 30%)

•Optional insurance contributions payments to employees

Page 9: «Sysouev, Bondar, Khrapoutski» Law Firm. entitled to benefits not provided by the legislation government guarantees can be obtained at the national level.

The legal entity or the individual entrepreneurs registered in the Republic of Belarus

Optional permanent location on the territory of HTP

The implementation of only certain types of activities

The business project

The registration as the resident

The contract about the activity conditions of HTP resident (deduction of 1% of revenues)

Page 10: «Sysouev, Bondar, Khrapoutski» Law Firm. entitled to benefits not provided by the legislation government guarantees can be obtained at the national level.

*EPAM Systems – the largest developer of the software

Page 11: «Sysouev, Bondar, Khrapoutski» Law Firm. entitled to benefits not provided by the legislation government guarantees can be obtained at the national level.

• The special economic zone established in the area of 80 km2

The Decree from 05.06.2012 N 253 “On the Belarusian-Chinese Industrial Park”

• The special legal regime – 50 years

• The high-tech and export-oriented plants

• Implementation period – 30 years

• The estimated cost is 30 billion dollars

Page 12: «Sysouev, Bondar, Khrapoutski» Law Firm. entitled to benefits not provided by the legislation government guarantees can be obtained at the national level.

•During 10 years exemption from:

*profit tax

*real estate tax

*land tax

*local taxes

*import customs duties and VAT

•Over the next 10 years these taxes are paid at the rates reduced by 50%

Page 13: «Sysouev, Bondar, Khrapoutski» Law Firm. entitled to benefits not provided by the legislation government guarantees can be obtained at the national level.

• Income tax on dividends accrued to founders of companies-residents – 0% for 5 years

•Royalty – 5% up to 2027 (the General rate is 15%)

• Income tax of employees – 9% up to 2027 (the General rate is 12%)

• If it is the establishment of new taxes, levies, duties the duty of the payment does not occur

Page 14: «Sysouev, Bondar, Khrapoutski» Law Firm. entitled to benefits not provided by the legislation government guarantees can be obtained at the national level.

•Optional insurance contributions payments to employees

• Examption from:

*the payment of the state fee for issuing permits for foreign workers labor activity in the Republic of Belarus

*the mandatory sale of currency proceeds (as a General rule 30%)

*contributions to the innovation Fund

• The guarantees of the rights of investors and investment protection apply to the residents

Page 15: «Sysouev, Bondar, Khrapoutski» Law Firm. entitled to benefits not provided by the legislation government guarantees can be obtained at the national level.

The legal entity of the Republic of Belarus, situated on the territory of BCIP, or created in BCIP

The investment project on the directions of creation and development of productions in the fields of electronics, fine chemistry, biotechnology, engineering and new materials; others, in consultation with the Council of Ministers

The volume of investments – not less than $ 5 million

The registration as a resident of BCIP

Benefits are not available to some kinds of activities

Page 16: «Sysouev, Bondar, Khrapoutski» Law Firm. entitled to benefits not provided by the legislation government guarantees can be obtained at the national level.

«Sysouev, Bondar, Khrapoutski» Law Firm

tel.: (+375-17) 327-53-77, 327-43-01 fax: (+375-17) 327-47-89 e-mail: [email protected]

www.sbh-partners.com