Azerbaijan changes rules for return of tax surplus

Azerbaijan’s Cabinet of Ministers approved the “Rules for the return of overpaid taxes, interest and financial sanctions to the taxpayer” in the new edition, Trend reports.

According to the decision of the Cabinet of Ministers, the document was renamed “Rules for the return of overpaid taxes, compulsory state social insurance and unemployment insurance contributions, interests and financial sanctions.”

The taxpayer has the right to demand the return of an incorrectly withheld or overpaid amount within 5 years after the end of the tax reporting period, as well as to demand a refund of the tax, interest and financial sanctions within 3 years after the end of the tax reporting period, or refer them to other taxes, interest, financial sanctions and arrears of administrative fines, or to the account of payments on subsequent obligations with the consent of the taxpayer.

Property tax paid for the privatization of state property, which ended from January 1, 2019 to January 1, 2022 in accordance with the conditions specified in article 119.12 of the Tax Code, subject to article 199.13 of the code, is returned based on the taxpayer’s statement, or, with his/her consent, is allocated for payments for subsequent obligations.

Simplified taxes paid by persons engaged in passenger and cargo transportation, regardless of whether they carried out activities this month or not, as well as types of activities paid by individuals who are engaged in the activities specified in Article 218.4.4 of the Tax Code, regardless of whether they carried out activities during the period of expiry of the “Receipt for the payment of a fixed amount of a simplified tax”, are not returned and are not replaced with taxes for the next period.