New taxation mechanism for private notaries determined in Azerbaijan

Azerbaijan, Baku, April 26 / Trend I. Khalilova /

A 10-percent tax may be charged from the revenues of private notaries in Azerbaijan from 2013, the government told Trend on Thursday.

"The agreement was reached to deduct 10 per cent of the total income of notaries (without deducting expenses) received during the quarter as part of improving the taxation mechanism of private notaries in the country," the source said.

The notaries' income include the fees for services rendered by them, state duty and other payments.

"These changes are planned to be included in the draft amendments to the Tax Code to be submitted to the Parliament till May 15," the source said. "But there is also the variant of adopting these changes through a separate law, which also envisages making changes to the tax legislation."

The tax legislation does not provide a separate item of taxation for private notaries.
Different approaches of taxation are applied now to private notaries operating in Azerbaijan.

Some of them pay a simplified income tax, some - with income (before deducting expenses).

Only persons engaged in entrepreneurial activities may be payers of simplified tax in the Tax code.

The activity of notaries is not a business, so, according to the project of the Ministry of Justice, it is proposed to introduce a 10 percent tax on their income (before deducting expenses). This was supported by the Finance Ministry and the Ministry of Taxes.

Deputy Head of the General Department of Registration and Notary of the Justice Ministry Mehman Soltanov told Trend earlier that the Ministry proposes changes to tax rates for private notaries.

"The adoption of these proposals will enhance the activities of private notaries in the country and create conditions for improving the quality of services," he said.
Law "On Notariat" which, along with notaries public authorized activities of private notaries, was adopted on November 26, 1999 and entered into force on January 30, 2000.

Soltanov said currently 49 private notaries operate in the country, 32 of which operate in Baku, and 17 - in the regions.

Article 25 of the Law "On Notariat" states that the main purpose of the notary is not aimed at making a profit, and Article 3 prohibits notary from engaging in entrepreneurial activities and performing other paid work except scientific, pedagogical and creative activity.

On the basis of Article 14 of the Law "On Social Insurance" private notary is obliged to pay to the social security fund 20 percent of income as a compulsory insurance amount.

Public Notaries in the country are not taxed.

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