MoF Decision No. 148/1 dated 26/03/2021 implementing the provisions of articles 2 and 3 the Laws No 199/2020 relating to the extension of the suspension of legal and tax obligations and tax exemptions.

The Ministry of Finance (MoF), has issued and published the here below Decision No 148/1 dated March 26, 2021 which has determined the modalities of implementation of articles 2 and 3 of the Law No 199 dated 29th December 2020 that had further extended the suspension of the legal and tax obligations set by the Law No 160/2020 and the Law No 185/2020 and granted some tax discounts and exemptions.

This MoF decision has extended till the 27th August 2021 (inclusive) the deadline to benefit from the following articles of the Law #144 (Budget Law 2019):

  •  Article 21: Total exemption on tax penalties due by governmental entities for infringements occurred before the 1/8/2019.
  • Article 32: 85% discount on tax penalties for infringements occurred by taxpayers before the 1/8/2019.
  • Article 38: Additional deadline for tax objections.
  •  Article 39: Total exemption on penalties due by taxpayers concerned by the application of the Article 53 of the Income Tax Law for violations occurred till the year 2018.
  •  Article 40: Settlement by installments of unpaid taxes withheld at the source and Value Added Tax related to periods before the 31st December 2018.
  • Article 41: Amnesty equal to 50% of the amounts of the objected tax adjustments (excluding penalties) held at the objection committee but not yet concluded by the latter as at 31 March 2019.
  • Article 49: Exceptional Revaluation of fixed assets recorded in the books of the taxpayer before the 1st January 2019 at the condition that its revaluated value should not exceed its market value as at 31 March 2020. The revaluation variance is subject to 3% tax and should be paid together with a request for approval from the Ministry of Finance who has the right to refuse it.
  • Article 51: Obligation to Municipalities to provide the Ministry of Finance before the 31st December 2019 with a comprehensive survey of all the entities and individuals occupying non-residential properties in their jurisdictions.
  • Article 58: Smoking licenses for touristic establishments.
  • Article 69: Rescheduling of the tax installments established before 1/8/2019.

This MoF decision has also extended till 30th June 2021 the payment of the taxes defined by the Law No 160 and the Law No185 in addition to those that were due before the date of this decision. All the tax installments that were due during the period of suspension of the legal and tax obligations set by the Law No 160 and the Law No 185 are to be settled before the 30th June 2021 without delay penalties.

It is worth noting that the article 5 of this MoF decision has clearly specified that the deadlines for the tax fillings have not been extended and have to be submitted according to the schedule set in the former MoF Memo No 1000 dated 8 December 2020 that defined the new deadlines for the tax filling according to the Law No 85 dated 19th August 2020. However, the tax deadlines that have fallen during the total lockdown period from 14th January 2021 till 7th February 2021 or within any other lockdown period will be extended by this lockdown period starting from the 7th February 2021 or from the ending date of any other lockdown period.

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