THE FIRST GEORGIAN TAX CODE -- GENERAL EXTRACTS


17 SEP 97
FM AMEMBASSY TBILISI

INTERNATIONAL COPYRIGHT, U.S. & FOREIGN COMMERCIAL SERVICE AND U.S. DEPARTMENT OF STATE, 1997. ALL RIGHTS RESERVED OUTSIDE THE UNITED STATES.

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SUMMARY
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IN JUNE 1997 GEORGIAN PARLIAMENT PASSED THE FIRST GEORGIAN TAX CODE WHICH INCORPORATES AND SUPERSEDES ALL PREVIOUS LAWS AND PRESIDENTIAL DECREES ON TAXATION. (THE COLLECTION OF CUSTOMS TARIFFS AND FEES, ARE REGULATED BY THE CUSTOMS LAW PASSED IN DECEMBER 1996, WHICH WILL BE REPLACED BY THE CUSTOMS CODE LATER THIS YEAR.)

THE MAIN PROVISIONS OF THE TAX CODE CAME INTO EFFECT ON JULY 25. THE CHAPTERS ON EXCISE TAX AND VAT AND ARTICLE 64 OF CHAPTER ON CORPORATE TAX WERE EFFECTIVE ON SEPTEMBER 1. IMPORTS OF GRAIN IS EXEMPTED FROM VAT TILL JANUARY 1, 1998. THE CHAPTERS ON INCOME AND CORPORATE TAXES, PROPERTY TAX, LAND TAX, VEHICLES OWNERSHIP TAX, TAX ON TRANSFER OF PROPERTY, SOCIAL TAX, NATURAL RESOURCES UTILIZATION TAX, TAX FOR ENVIRONMENT POLLUTION WITH HAZARDOUS MATERIALS, AND TAX ON IMPORTED AUTOMOBILES WILL COME INTO EFFECT FROM JANUARY 1, 1998.

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GENERAL OVERVIEW
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THE TAX CODE OFFERS EQUAL TREATMENT TO GEORGIAN AND FOREIGN BUSINESSES AND INVESTORS (TAX HOLIDAYS WERE ELIMINATED IN NOVEMBER 1996). TRANSIT, RE-EXPORT, AND EXPORT OF GOODS ARE EXEMPT FROM VAT AND EXCISE TAX.

IMPORTS OF RAW MATERIALS AND PACKAGING SUPPLIES FOR PROCESSING AND MANUFACTURING OF GOODS FOR EXPORT PURPOSES ARE EXEMPT FROM VAT AND EXCISE TAX. INDIVIDUALS ENGAGED IN REEXPORT OF GOODS ARE REQUIRED TO SUBMIT A BANK GUARANTEE, OR PAY ALL APPLICABLE TAXES, OR LEAVE THE EQUIVALENT IN GOODS AT THE CUSTOMS CHECK POINT. THE CUSTOMS WILL REIMBURSE THE PAYMENT, GOODS LEFT AS A GUARANTEE OR PAY THEIR EQUIVALENT IN CASH AFTER THE RE-EXPORTED PRODUCT LEAVES GEORGIA. THE ABOVE PROCEDURES DO NOT APPLY TO GOODS IN TRANSIT.

THE TAX CODE OFFERS EQUAL TREATMENT FOR IMPORTS OF GOODS FROM CIS AND OTHER COUNTRIES. A UNIFORM 2O PERCENT VAT APPLIES TO ALL IMPORTS OF GOODS WHICH ARE NOT LISTED IN A SPECIAL EXEMPTION LIST. A DIFFERENTIATED EXCISE TAX IS LEVIED ON CERTAIN GOODS.

NOTE: CURRENTLY, THE IMPORT OF GOODS MANUFACTURED AND DELIVERED FROM CIS COUNTRIES ARE EXEMPT FROM VAT. THESE GOODS ARE ALSO EXEMPT FORM CUSTOMS TARIFFS. THE PETROLEUM PRODUCTS FROM THE CIS ATTRACT A 12 PERCENT IMPORT TARIFF. EXPORTS TO CIS COUNTRIES ARE SUBJECT TO VAT AND EXCISE TAXES. ACCORDING TO PARLIAMENTARY SOURCES, THIS REGIME WILL CONTINUE AT LEAST TILL JANUARY 1, 1998.

THE TAX CODE INTRODUCES TWO TYPES OF TAXES -- NATIONAL AND LOCAL TAXES.

NATIONAL TAXES
==============

1. INCOME TAX
2. CORPORATE TAX
3. VALUE ADDED TAX
4. CUSTOMS DUTIES
5. EXCISE TAX
6. PROPERTY TAX
7. LAND TAX
8. AUTO VEHICLES OWNERSHIP TAX
9. PROPERTY TRANSFER TAX
10. SOCIAL TAX
11. NATURAL RESOURCES UTILIZATION TAX
12. TAX FOR ENVIRONMENT POLLUTION WITH HAZARDOUS MATERIAL
13. TAX FOR ENTRY OF AUTOMOBILES

LOCAL TAXES
===========

1. TAX FOR ENTREPRENEURIAL ACTIVITY
2. GAMBLING TAX
3. RECREATIONAL TAX
4. HOTEL TAX
5. ADVERTISEMENT TAX
6. VEHICLES PARKING TAX
7. TAX FOR USING LOCAL LOGOS

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MOST SIGNIFICANT TAXES EFFECTIVE IN GEORGIA
-------------------------------------------

1. INCOME TAX
==============

THE INCOME TAX PAYERS ARE RESIDENT AND NON-RESIDENT PHYSICAL PERSONS ENGAGED IN ECONOMIC ACTIVITIES. A PERSON NEEDS TO BE PHYSICALLY PRESENT IN THE COUNTRY MORE THAN 182 DAYS IN A FISCAL YEAR TO BE CLASSIFIED AS A RESIDENT. EXEMPTIONS ARE PERSONS WITH DIPLOMATIC STATUS, INTERNATIONAL ORGANIZATION AND FOREIGN GOVERNMENT EMPLOYEES AND THEIR FAMILY MEMBERS, AND PERSONS IN TRANSIT.

RESIDENTS ARE REQUIRED TO PAY THE TAX ON INCOME GAINED FROM THE ECONOMIC ACTIVITIES BOTH IN AND OUTSIDE GEORGIA. NON-RESIDENTS PAY INCOME TAX ON THE EARNINGS GAINED FROM LOCAL SOURCES ONLY. TAXABLE INCOME IS THE DIFFERENCE BETWEEN THE TOTAL ANNUAL INCOME AND ALL APPLICABLE DEDUCTIONS ALLOWED BY THE TAX CODE.

THE TAX CODE ESTABLISHES A GRADUATED INCOME TAX WITH THE FOLLOWING BRACKETS:

ANNUAL INCOME RATE
-------------------------------------------------------

UNDER GEL 200                 12 PERCENT
                              
201 - GEL 350                 GEL 24 + 15 PERCENT OF INCOME OVER GEL 200
351 - GEL 600                 GEL 46.5 + 17 PERCENT OF INCOME OVER GEL 350
OVER  GEL 600                 GEL 89 + 20 PERCENT OF INCOME OVER GEL 600

THE FOLLOWING ITEMS OR PERSONS ARE EXEMPTED:

-- DIPLOMATIC OR CONSULAR MISSION EMPLOYEES
-- INHERITED OR GRANTED PROPERTY
-- GRANTS, PUBLIC PENSIONS, SCHOLARSHIPS, OR PUBLIC ASSISTANCE
-- ALIMONY
-- REVENUES FROM THE SALE OF NON-PROCESSED AGRICULTURAL GOODS PRODUCED PRIVATELY

THE FOLLOWING INDIVIDUALS ARE EXEMPTED FROM INCOME TAX IF THEIR ANNUAL INCOME IS BELOW GEL 3,000:

-- INVALIDS FROM BIRTH, AND SIGHT INVALIDS OF THE FIRST AND SECOND GROUPS (OTHER INVALIDS OF THE FIRST AND SECOND GROUPS ARE EXEMPTED IF THEIR ANNUAL INCOME IS BELOW GEL 1,500)
-- THE SECOND WORLD WAR VETERANS AND PERSONS WHO PARTICIPATED IN THE FIGHTS FOR GEORGIA'S TERRITORIAL INTEGRITY
-- MOTHERS OF LARGE FAMILIES
-- SINGLE MOTHERS
-- ADOPTIVE PARENTS DURING THE FIRST YEAR OF ADOPTION

(NOTE: THE LIST COVERS ONLY MOST SIGNIFICANT EXEMPTIONS)

2. CORPORATE TAX
=================

A 20 PERCENT CORPORATE TAX APPLIES TO THE ACTIVITIES OF LOCAL AND FOREIGN ENTERPRISES IN GEORGIA.

10 AND 4 PERCENT RATES APPLY TO THE CORPORATE TAXES COLLECTED AT THE SOURCE OF PAYMENT.

10 PERCENT RATE -- FOR BOTH RESIDENTS AND NON-RESIDENTS APPLIES TO:

-- DIVIDENDS
-- INTEREST

10 PERCENT RATE -- FOR NON-RESIDENTS APPLIES TO:

-- ROYALTY
-- INCOME FROM WORKS AND SERVICES OTHER THAN SALARY -- LEASE OF VEHICLES
-- INCOME FROM MANAGEMENT OF LOCAL PERMANENT OFFICE, FINANCIAL SERVICES, OR CONTRACT WITH GEORGIAN ENTERPRISE

4 PERCENT RATE FOR NON-RESIDENTS:

-- RISK INSURANCE FEES PAID BY GEORGIAN OR INDIVIDUAL ENTERPRISE TO A NON-RESIDENT ENTERPRISE
-- PAYMENT FOR INTERNATIONAL TELECOMMUNICATION AND TRANSPORT SERVICES EXTENDED BY A NON-RESIDENT ENTERPRISE TO A GEORGIAN OR INDIVIDUAL ENTERPRISE

THE FOLLOWING ACTIVITY OR ITEMS ARE CORPORATE TAX EXEMPT:

-- PROFIT OF GEORGIAN PATRIARCHY DERIVED FROM THE SALE OF CRUCIFIXES, CANDLES, ICONS, HOLY BOOKS, AND CALENDARS
-- BUDGET AND CHARITY ORGANIZATION PROFITS, EXCEPT FOR THOSE DERIVED FROM ECONOMIC ACTIVITY
-- GRANTS, DONATIONS, MEMBERSHIP FEES
-- PROFITS FROM THE SALE OF NON-PROCESSED
AGRICULTURAL PRODUCTS PRODUCED BY THE AGRICULTURAL PRODUCTION ENTERPRISES
-- PROFIT RECEIVED FROM THE PRODUCTION PROTHESIC AND ORTHOPEDIC PRODUCTS
-- PROFIT RECEIVED FROM THE PRODUCTION OF TECHNICAL MEANS FOR THE PREVENTION OF INVALIDITY AND THE REHABILITATION OF INVALIDS
-- PROFIT OF INVALIDS ASSOCIATIONS OR ORGANIZATIONS WHERE THE INVALIDS FORM NOT LESS THAN 70 PERCENT (OR 5O PERCENT FOR SIGHT INVALIDS ASSOCIATION OR ORGANIZATION)
-- PROFIT OF INTERNATIONAL ORGANIZATIONS, EXCEPT FOR THOSE DERIVED FROM ECONOMIC ACTIVITY
-- NATIONAL BANK OF GEORGIA PROFIT.

(NOTE: THE LIST COVERS ONLY MOST SIGNIFICANT EXEMPTIONS)

3. VALUE ADDED TAX
===================

VALUE ADDED TAX (VAT) IS ESTABLISHED AT A UNIFORM 20 PERCENT RATE (EXEMPTION IS IMPORT OF SMALL CARS WHICH, ACCORDING TO THE TRANSITIONAL TERMS OF REFERENCE, WILL BE LEVIED BY 5 PERCENT VAT UNTIL DECEMBER 31, 2000.)

VAT IS PAID ON ALL STAGES OF PRODUCTION, GOODS SUPPLIES, OR SERVICES. ACCORDING TO THE TAX CODE, ALL LEGAL ENTITIES AND PHYSICAL PERSONS WITH MORE THAN GEL 3,000 (ABOUT USD 2,310) TURNOVER ANNUALLY NEED TO

REGISTER AS A VAT PAYERS WITH THE TAX INSPECTION BODIES. THE REGISTERED VAT PAYERS ARE OBLIGED TO ISSUE DECLARATION TO THEIR CLIENTS OR BUYERS OF THEIR PRODUCT.

THE FOLLOWING ITEMS AND ACTIVITIES ARE VAT EXEMPT:

-- FINANCIAL SERVICES
-- SUPPLIES AND IMPORTS OF SECURITIES, NATIONAL AND FOREIGN CURRENCY (EXCEPT FOR THOSE USED FOR NUMISMATIC PURPOSES)
-- GOLD IMPORTS FOR NATIONAL BANK OF GEORGIA
-- SUPPLY AND IMPORTS OF POSTAGE STAMPS (EXEMPT OF FOR COLLECTION PURPOSES)
-- CONFISCATED VALUABLES
-- STATE PROPERTY PRIVATIZATION
-- HOUSE RENT
-- LEASE PAYMENTS
-- MEDICAL SERVICES
-- SERVICE THAT IS RELATED TO THE CARE OF OLD PEOPLE, DISEASED AND DISABLED PERSONS
-- PHARMACEUTICAL PRODUCTION IMPORTS, INCLUDING VACCINES LISTED IN CHAPTER 30 OF THE NOMENCLATURE OF GOODS
-- FOLLOWING MEDICAL EQUIPMENT AND APPARATURES:
8419.20, 8423.10, 9001.30, 9001.40, 9001.50, 9018-
9022, 9025.11, 9402; INVALID CARRIAGES: 8713,
8714.20; AND IMPORT OF IODIZED SALT.
-- SUPPLY AND IMPORTS OF DIABETIC GOODS
-- BABY FOOD PRODUCTS
-- CHILDREN'S HOBBY GROUPS
-- IMPORT OF CHILDREN'S LITERATURE AND TEXTBOOKS APPROVED BY THE COMMITTEE OF THE PARLIAMENT
-- EDUCATIONAL SERVICES BY EDUCATIONAL ESTABLISHMENTS
-- SELLING OF THEATER, CIRCUS, OR MUSEUM TICKETS
-- IMPORTS OF LITERATURE AND SCIENTIFIC WORKS BY GEORGIAN CITIZENS AND CLASSICISTS PUBLISHED ABROAD
-- PRINTING AND SUPPLY OF NEWS-PAPERS AND MAGAZINES PUBLISHED IN GEORGIA
-- SUPPLY OF NOTEBOOKS
-- CRUCIFIXES, CANDLES, ICONS, HOLY BOOKS AND
CALENDARS PRODUCED BY PATRIARCHY FOR RELIGIOUS PURPOSES
-- BURIAL SERVICES
-- HUMANITARIAN ASSISTANCE
-- PUBLIC TRANSPORT
-- SUPPLY OF NON-PROCESSED AGRICULTURAL PRODUCTS
-- IMPORT OF PEDIGREE CATTLE, AND INSECTICIDES ACCORDING TO THE ANNUAL QUOTAS APPROVED BY THE MINISTRIES OF FINANCE, AND AGRICULTURE AND FOOD
-- CAPITAL GOODS LISTED IN CHAPTERS 84, 85, AND 90 OF THE FOREIGN ECONOMIC ACTIVITY NOMENCLATURE OF GOODS
-- GOODS FOR DIPLOMATIC MISSIONS
-- RAW MATERIALS AND PACKAGING SUPPLIES FOR PROCESSING AND MANUFACTURING OF GOODS FOR EXPORT
-- GOODS IN TRANSIT, RE-IMPORT, AND TEMPORARY STORAGE OF GOODS AT THE CUSTOMS WAREHOUSES
-- REEXPORT

A ZERO RATE APPLIES TO THE FOLLOWING ITEMS:

-- EXPORT
-- IMPORT OF GRAIN
-- TRANSPORT SERVICES OR WORKS CONNECTED WITH INTERNATIONAL TRANSPORTATION OF PASSENGERS, INCLUDING AVIATION FUEL, LUBRICANTS, AND OTHER SUPPLIES FOR THE INTERNATIONAL FLIGHTS.
-- WORKS CONNECTED WITH TRANSPORTATION AND SERVICE OF GOODS IN TRANSIT, RE-IMPORT, AND TEMPORARY IMPORT IN GEORGIA

(NOTE: THE LIST COVERS ONLY MOST SIGNIFICANT EXEMPTIONS)

4. IMPORT AND CUSTOMS DUTIES
1. CUSTOMS TAXPAYERS ARE:
ALL LEGAL AND NATURAL PERSONS, WHO IMPORT GOODS INTO GEORGIA
2. IMPORT TARIFF RATES FOR MAJOR GOODS IN GEORGIA:


#    List of Goods  Tax  Customs Excise VAT  Total
                         duty 
1    Infants food 
     products       0.3  12        0    20   
2    Milk powder    0.3  12        0    20   34.76
3    Sugar          0.3  12        0    20   34.76
4    Vegetable oil  0.3  12        0    20   34.76
5    Flavor         0.3  12        0    20   34.76
6    Cheese         0.3  12        0    20   34.76
7    Butter         0.3  12        0    20   34.76
8    Egg            0.3  12        0    20   34.76
9    Chicken        0.3  12        0    20   34.76
10   Honey          0.3  12        0    20   34.76
11   Sausage        0.3  12        0    20   34.76
12   Sugar free 
     cacao powder   0.3  12        0    20   34.76
13   Sweets         0.3  12        0    20   34.76
14   Salt           0.3  12        0    20   34.76
15   Matches        0.3  12        0    20   34.76
16   Yeast          0.3  12        0    20   34.76
17   Coffee         0.3  12        0    20   34.76
18   Soft beverages 0.3  12        0    20   34.76
19   Citrus         0.3  12        0    20   34.76
20   Vegetable      0.3  12        0    20   34.76
21   Ice-cream      0.3  12        0    20   34.76
22   Chewing gum    0.3  12        0    20   34.76
23   Chocolate      0.3  12        0    20   34.76
24   Pasta          0.3  12        0    20   34.76
25   Cake           0.3  12        0    20   34.76
26   Fish           0.3  12        0    20   34.76
27   Beer           0.3  12        15   20   54.973
28   Tea            0.3  12        0    20   34.76
29   Wines, wine products, except champagne and 
sparkling wines     0.3  12        15   20   54.973
30   Sparkling wines0.3  12        20   20   61.712
31   Fruit wines and wine products, all types of sparkling wines,
other beverages     0.3  12        50   20   102.14
32   Ethyl alcohol and other editorialized spirit beverages 
                    0.3  12        100  20   169.52
33   Brandy, Brandy products, other wine spirit beverages   
                    0.3  12        50   20   102.14
34   Cognac, Whisky, Gin, Rum, Balm and other beverages,
champagne wines and vodka     
                    0.3  12        100  20   169.52
35   Car            0.3  12        15   20   54.973
36   Lorry          0.3  12        0    20   34.76
37   Car tire       0.3  12        15   20   54.973
38   Petrol         0.3  12        15   20   54.973
39   Car spare parts0.3  12        0    20   34.76
40   Oil products, except car petrol and thick black oil    
                    0.3  12        0    20   34.76
41   Jewelries      0.3  12        35   20   81.926
42   Foot wear      0.3  12        0    20   34.76
43   Furniture      0.3  12        0    20   34.76
44   Toilet paper   0.3  12        0    20   34.76
45   Sport inventory0.3  12        0    20   34.76
46   Sanitary 
equipment           0.3  12        0    20   34.76
47   Toys           0.3  12        0    20   34.76
48   Hand made 
carpet              0.3  12        0    20   34.76
49   carpet         0.3  12        0    20   34.76
50   Construction 
materials           0.3  12        0    20   34.76
51   Sewing 
instruments         0.3  12        0    20   34.76
52   Tooth pasta    0.3  12        0    20   34.76
53   Nickel, 
cobalt products     0.3  12        0    20   34.76
54   Aluminum except
sheet aluminum      0.3  12        0    20   34.76
55   Leather        0.3  12        0    20   34.76
56   Chlorine       0.3  12        0    20   34.76
57   Iodine         0.3  12        0    20   34.76
58   Sulphur acid, 
hydrochloric acid   0.3  12        0    20   34.76
59   Mineral 
fertilizer          0.3  12        0    20   34.76
60   Chemical 
fertilizer          0.3  12        0    20   34.76
61   Handbag, 
suitcase            0.3  12        0    20   34.76
62   Belt           0.3  12        0    20   34.76
63   Timber         0.3  12        0    20   34.76
64   Paper          0.3  12        0    20   34.76
65   Bottles        0.3  12        0    20   34.76
66   Synthetic 
cloth               0.3  12        0    20   34.76
67   Wool cloth     0.3  12        0    20   34.76
68   Rubber         0.3  12        0    20   34.76
69   Linoleum       0.3  12        0    20   34.76
70   Wallpaper      0.3  12        0    20   34.76
71   Wool plaid     0.3  12        0    20   34.76
72   Curtain        0.3  12        0    20   34.76
73   Cap            0.3  12        0    20   34.76
74   Insecticide    0.3  12        0    20   34.76
75   Fungicide      0.3  5         0    20   26.36
76   Herbicide      0.3  5         0    20   26.36
77   Substances 
for seed treatment  0.3  5         0    20   26.36
78   Pure 
Polivinichloride    0.3  5         0    20   26.36
79   Natural rubber 0.3  5         0    20   26.36
80   Timber cellulose, 
diluted qualities   0.3  5         0    20   26.36
81   Silk cocoon 
worth for spinning  0.3  5         0    20   26.36
82   Wool except 
carded wool         0.3  5         0    20   26.36
83   Woolen and carded wool thread for retail trade    
                    0.3  5         0    20   26.36
84   Cotton fibre, carded thread   
                    0.3  5         0    20   26.36
85   Synthetic threads for retail trade      
                    0.3  5         0    20   26.36
86   Non-alloyed steel and iron semi-products     
                    0.3  5         0    20   26.36
87   Sheet steel    0.3  5         0    20   26.36
88   Angle bars, shaped and special non-alloyed steel and iron
profiles            0.3  5         0    20   26.36
89   Cooper wire    0.3  5         0    20   26.36
90   Sheet aluminium                         

3. CUSTOMS EXEMPTIONS INCLUDE:
A) EXPORT OF GOODS;
B) RE-EXPORT OF GOODS;
C) TRANSIT GOODS THROUGH THE TERRITORY OF GEORGIA;
D) IMPORTED GOODS STORED AT CUSTOMS WAREHOUSES; THESE GOODS SHALL BE TAXED AFTER THEIR DEPARTURE FROM THE WAREHOUSES AND GETTING INTO CIRCULATION ACCORDING TO THE ESTABLISHED RULES, AND IF THERE IS A SPECIAL CUSTOMS REGIME - ACCORDING TO SUCH A REGIME;
E) THE IMPORT OF GOODS THAT ARE GIVEN TO STATE BODIES OF GEORGIA FOR LIQUIDATION OF NATURAL DISASTERS, ACCIDENTS AND CATASTROPHES, OR FOR THE PURPOSE OF HUMANITARIAN ASSISTANCE;
F) THE IMPORT OF GOODS CONTEMPLATED BY CONTRACTS ON GRANTS, APPROVED ACCORDING TO THE PROCEDURE SPECIFIED BY DECREE OF THE PRESIDENT OF GEORGIA;
G) THE IMPORT OF GOODS FINANCES BY GRANTS OR CONFESSIONAL LOANS, CONTAINING A MINIMUM 25 PERCENT GRANT ELEMENT, MADE BY BILATERAL AND MULTILATERAL INTERNATIONAL ORGANISATIONS. THE MINISTRY OF FINANCE DETERMINATE THE GRANT ELEMENT OF A LOAN BY DISCOUNTING THE PAYMENTS UNDER THE LOAN USING A DISCOUNT RATE APPROPRIATE TO THE TERMS OF THE LOAN AND THE CURRENCY IN WHICH THE LOAN IS ISSUED;
H) THE IMPORT OF GOODS INTENDED FOR THE OFFICIAL USE OF FOREIGN DIPLOMATIC AND SIMILAR REPRESENTATIVE OFFICES, AND ALSO FOR THE PERSONAL USE OF DIPLOMATIC, ADMINISTRATIVE AND TECHNICAL PERSONNEL OF THESE REPRESENTATIVE OFFICES, INCLUDING FAMILY MEMBERS LIVING WITH THEM;
J) THE TEMPORARY ENTRY OF GOODS ONTO THE TERRITORY OF GEORGIA;
K) THE IMPORT OF WHEAT, CHILDREN'S FOOD PRODUCTS AND DIABETIC FOOD PRODUCTS.

AVOIDING DOUBLE TAXATION:
THE AMOUNT OF PROFITS (INCOMES) EARNED BY TAXPAYERS OUTSIDE THE REPUBLIC OF GEORGIA IS INCLUDED IN THE TOTAL SUM OF PROFITS (INCOMES) SUBJECT TO TAXATION IN GEORGIA. TAX PAYMENT TO BE MADE IN GEORGIA SHALL BE REDUCED BY THE PAYMENTS MADE IN OTHER COUNTRIES. FURTHERMORE, THE AMOUNT OF PAYMENT TO BE REDUCED SHALL NOT EXCEED THE AMOUNT OF TAXES TO BE PAID IN GEORGIA IN ACCORDANCE WITH PROFITS (INCOMES) EARNED OUTSIDE GEORGIA.
THE AUTHORISED PERSON OF THE PRESIDENT OF GEORGIA IS ENTITLED TO MAKE INTERNATIONAL AGREEMENTS IN ORDER TO AVOID THE DOUBLE TAXATION.

INTERNATIONAL AGREEMENTS
GOODS THAT ARE TO BE EXPORTED TO THE STATES OF THE COMMONWEALTH OF INDEPENDENT STATES (CIS) ARE SUBJECT TO EXCISE (EXCISE GOODS) AND VALUE ADDED TAX, WHILE GOODS TO BE EXPORTED FROM THE CIS SHALL NOT BE SUBJECT TO VAT AND CUSTOM DUTIES.

5. EXCISE TAX
==============

EXCISE TAX IS LEVIED ON PRODUCTION AND IMPORTS OF EXCISE PRODUCTS. THE EXCISE RATES VARY DEPENDING ON GOODS AND PRODUCTS.

GOODS AND PRODUCTS EXCISE TAX RATE (PERCENT)
-------------------------------------------------------
GRAPE WINES AND WINE MATERIALS - 15
FORTIFIED WINES - 5O
SPARKLING AND EFFERVESCENT WINES - 20
CHAMPAGNE WINES - 1OO
VERMOUTH, FRUIT WINES - 5O
BRANDY AND BRANDY MATERIALS, VODKA - 5O
COGNAC, WHISKEY, GENE, ROM, LIQUEUR - 1OO
ETHYL SPIRITS - 1O0
BEER - 15
JEWELERS - 35
SMALL CARS * - 15
SMALL CAR TIRES - 15
FUEL - 15
ETHYL FUEL - 5O
CAVIAR AND OTHER SEA FOOD DELICACIES - 2O

--------------------------------------------------
*ACCORDING TO THE TRANSITIONAL TERMS OF REFERENCE, EFFECTIVE THROUGH 31 DECEMBER, 20O0, THE EXCISE TAX FOR SMALL CARS WILL BE CALCULATED AT A GEL O.L PER CUBIC CENTIMETER OF THE CAR ENGINE.

THE FOLLOWING ITEMS ARE EXCISE TAX FREE:

-- ALCOHOLIC BEVERAGES PRODUCED AND CONSUMED PRIVATELY
-- IMPORTS OF ALCOHOLIC BEVERAGES UP TO TWO LITTERS AND 2OO CIGARETTES
-- TRANSIT, RE-EXPORT, EXPORT AND IMPORT OF EXCISE GOODS
-- TEMPORARILY IMPORTED EXCISE GOODS
-- TIRES AND CARS IMPORT FOR HUMANITARIAN PURPOSES IN CASE OF EMERGENCY

(NOTE: THE LIST COVERS ONLY MOST SIGNIFICANT EXEMPTIONS)

THE GOVERNMENT PLANS TO INTRODUCE THE EXCISE STAMPS FOR THE LOCALLY PRODUCED AND IMPORTED PRODUCTS IN THE FEASIBLE FUTURE. THE EXCISE TAX WILL BE PAID THROUGH PURCHASE OF EXCISE STAMPS.

6. PROPERTY TAX
================

PROPERTY TAX IS LEVIED AT A O.L PERCENT FROM PHYSICAL PERSONS AND LEGAL ENTITIES. BASIS FOR THE TAX COLLECTION FROM THE PHYSICAL PERSONS IS A BOOK VALUE OF THE BUILDINGS AND CONSTRUCTIONS LOCATED IN THE URBAN AREA.

THE PROPERTY TAX FOR LEGAL ENTITIES IS LEVIED ON THE FIXED ASSETS REGISTERED ON THE BALANCE, UNINSTALLED EQUIPMENT, UNFINISHED CAPITAL CONSTRUCTION, AND NON- MATERIAL ASSETS OF THE GEORGIAN ENTERPRISES OR THE LOCAL BRANCHES OF THE FOREIGN ENTERPRISES.

THE FOLLOWING ITEMS ARE PROPERTY TAX EXEMPT:
-- LAND
-- AUTO ROADS
-- PROPERTY OF INVALIDS OF THE LST AND 2ND GROUPS

(NOTE: THE LIST COVERS ONLY MOST SIGNIFICANT EXEMPTIONS)

7. LAND TAX
============

THE TAX CODE DIFFERENTIATES AGRICULTURAL AND NON- AGRICULTURAL LAND TAXES. LAND TAX IS NOT DEPENDENT ON

THE RESULTS OF LAND TAX PAYERS ECONOMIC ACTIVITY AND IS PAID BY A FIXED ANNUAL TAX RATE FOR A SPECIFIC UNIT OF THE LAND.

AGRICULTURAL LAND TAX RATE -- IS DIFFERENTIATED ON THE BASIS OF TERRITORIAL ENTITIES AND IS AS FOLLOWS FOR ARABLE LAND AND PERENNIAL CROPS:

TERRITORIAL ENTITY             BASIC TAX RATE IN GEL/PER HECTARE
QUALITY OF LAND                AVERAGE  GOOD    POOR   REGIONAL
------------------------------------------------------------
TBILISI, MARNEULI                    44      24       34
BOLNISI, GARDABANI                   4O      21       31
RUSTAVI                              39      21       3O
BATUMI, GAGRA, GALI, GUDAUTA,        39      21       30
GULRIPSHI, OCHAMCHIRE, SUKHUMI,
KOBULETI, KHELVACHAURI
GURJAANI, DEDOPLISTSKARO, TELAVI,    34       18       26
LAGODEKHI, SIGHNAGHI, KVARELI
AKHALKALAKI, GORI, NINOTSMINDA,      33       17       25
MTSKHETA
AKHALTSIKHE, AKHMETA, DMANISI,       30       16       23
EREDVI, TETRITSKARO, KASPI,
SAMTREDIA, SAGAREJO, KARELI,
KHASHURI
KURTA, TSALKA                        29       15       22
ABASHA, ZUGDIDI                      27       15       21
MARTVILI, SENAKI, KHOBI, POTI        26       14       20
AKHALGORI, VANI, ZESTAPHONI,         25       13       19
LANCHKHUTI, OZURGETI
BAGHDATI, TERJOLA, KHONI, KUTAISI,   23       12       18
TSALENJIKHA, TSKALTUBO, CHKHOROTSKU
-----------------------------------
SACHKHERE, TSAGERI, TSKHINVALI       22       12       17
AMBROLAURI, DUSHETI, TIANETI         18       10       14
ADIGENI, BORJOMI                     17        9       13
ASPINDZA, TKIBULI, KHULO, KEDA,      14        8       11
SHUAKHEVI, KHA
RAGAULI, CHIATURA
LENTEKHI, ONI, CHOKHATAURI           13        7       LO
MESTIA, KAZBEGI, JAVA                1O        6        8

FOR HAY LANDS AND PASTURES:

TERRITORIAL ENTITY       BASIC TAX RATE IN GEL/PER H
                       CULTIVATED HAY LANDS AND PASTURE  
------------------------------------------------------
ABASHA, AKHALKALAKI,           4       2       6       3
AKHALTSIKHE, GORI, BATUMI,
BOLNISI, GAGRA, GARDABANI,
GUDAUTA, GULRIPSHI,
GURJAANI, DEDOPLISTSKARO,
DMANISI, ZUGDIDI, TBILISI,
TETRITSKARO, TELAVI,
LAGODEKHI, LANCHKHUTI,
MARNEULI, MTSKHETA,
NINOTSMINDA, OZURGETI,
OCHAMCHIRE, RUSTAVI,
SAMTREDIA, SENAKI,
SIGHNAGHI, SUKHUMI,
KUTAISI, KOBULETI, KVARELI,
TSALKA, POTI, TSKALTUBO,
KHELVACHAURI, KHOBI
-------------------------------------------------------------
ADIGENI, ASPINDZA,             3      1.5      5       2
AKHALGORI, BAGHDATI,
BORJOMI, VANI, ZESTAPHONI,
TERJOLA, TIANETI, KASPI,
MARTVILI, SAGAREJO,
SACHKHERE, TKIBULI, KARELI,
KEDA, SHUAKHEVI,

CHOKHATAURI, CHKHOROTSKU,
TSALENJIKHA, KHARAGAULI,
KHASHURI, KHONI, KHULO
-------------------------------------------------------------
AMBROLAURI, AKHMETA,           2       1       3      1.5
DUSHETI, LENTEKHI, MESTIA,
ONI, KAZBEGI, TSAGERI,
TSKHINVALI, CHIATURA, JAVA

FOR THE NON-AGRICULTURAL LAND THE ANNUAL TAX BASE RATE
IS GEL 0.24 PER EACH SQUARE METER. THE TOTAL TAX RATE
IS CALCULATED BASED ON THE TERRITORIAL RATIO WHICH
VARIES DEPENDING ON THE LOCATION OP THE LAND AND ZONE.

LAND-TAX IS NOT IMPOSED ON:

-- LAND ALLOCATED TO THE BUDGETARY ORGANIZATIONS
-- PLOT OP LAND USED BY BLIND, DUMB AND HANDICAPPED PERSONS
-- NATURAL PARKS, BOTANICAL GARDENS, CULTURAL AND RECREATIONAL MUNICIPAL PARKS, CEMETERIES, SQUARES, PROTECTED TERRITORIES, IF THESE TERRITORIES ARE NOT USED FOR ENTREPRENEURIAL PURPOSES
-- WATER RESERVOIRS AND WATER AREAS
-- STATE-OWNED AND UNUSED HAY LANDS, PASTURES
-- PHYSICAL PERSONS AND LEGAL ENTITIES DURING THE FIRST 5 YEARS OF AGRICULTURAL LAND OWNERSHIP
-- AGRICULTURAL LAND PLOTS, THAT'S PRODUCTIVE LAYER IS DAMAGED BY A NATURAL DISASTER
-- SECOND WORLD WAR INVALIDS

(NOTE: THE LIST COVERS ONLY MOST SIGNIFICANT EXEMPTIONS)

8. VEHICLES OWNERSHIP TAX
==========================

VEHICLES OWNERSHIP TAX IS PAID BY THE OWNERS OF
VEHICLES DURING REGISTRATION OR ANNUAL TECHNICAL
EXAMINATION OF THE VEHICLES. COLLECTIONS FROM THE
VEHICLE OWNERSHIP TAX ARE TRANSFERRED TO THE STATE ROAD
FUND.

THE TAX RATES ARE DIFFERENTIATED ACCORDING TO THE TYPES
OF VEHICLES AND POWER OF ENGINE. THE VEHICLE OWNERSHIP
TAX IS AS FOLLOWS ON EACH HORSE POWER:

VEHICLES TAX
PAYMENT
---------------------------------------------------------
IN GEL
---------------------------------------------------------
SMALL VEHICLE 0.25
BUS (UP TO 12 SEATS) 1.0
BUS (FROM 13 TO 30 SEATS) 1.3
BUS (OVER 30 SEATS) 2.0
TRUCK WITH A LOAD TURNOVER UP TO 1 TON O.4
TRUCK WITH A LOAD TURNOVER FROM 1 TO 3 TON 0.6
TRUCK WITH A LOAD TURNOVER FROM 3 TO LO TON 1.3
TRUCK WITH A LOAD TURNOVER FROM LO TO 2O TON 2.O
TRUCK WITH A LOAD TURNOVER FROM 20 TO 4O TON 2.6
TRUCK WITH A LOAD TURNOVER OVER 4O TON 4.0

THE FOLLOWING ITEMS EXERCISE TAX HOLIDAYS:

-- VEHICLES THAT ARE NOT MAINTAINED AND, ARE NOT SUBJECT TO A TECHNICAL EXAMINATION IN A GIVEN YEAR
-- MANUALLY DRIVEN BIKES AND CARS (ONE BIKE/CAR PER
PERSON)
-- VEHICLES WHICH BELONG TO VETERAN INVALIDS (ONE VEHICLE PER PERSON)

9. TAX ON THE TRANSFER OF PROPERTY
===================================

A. TAX ON THE TRANSFER OF REAL ESTATE

THE TAX PAYERS ARE PERSONS WHO RECEIVE OR OBTAIN REAL

ESTATE. THIS TAX IS PAID ON THE BASIS OF A DOCUMENT, THAT CERTIFIES THE TRANSFER OF THE REAL ESTATE OWNERSHIP RIGHT OR CONFIRMS THE TRANSFER OF THE REAL ESTATE UNDER A LEASE AGREEMENT. THE TAX RATE IS ESTABLISHED AT 2 PERCENT.

THE FOLLOWING ITEMS ARE TAX FREE:

-- LEASE AGREEMENT UP TO 3 YEARS
-- TRANSFER OF OWNERSHIP TO A SPOUSE, PARENT, OR CHILD
-- TRANSFER OF OWNERSHIP AS A RESULT OF DIVORCE
-- GRATUITOUS TRANSFER TO STATE, BUDGET, CHARITY OR RELIGIOUS ORGANIZATION
-- TRANSFER OF OWNERSHIP IN CASE OF REORGANIZATION

B. TAX ON INHERITANCE AND GIFTS

A 30 PERCENT TAX RATE APPLIES TO THE PROPERTY INHERITED OR RECEIVED AS A GIFT IF:

-- A PERSON WHO RECEIVES THE PROPERTY IS A RESIDENT
OF GEORGIA
-- A PERSON WHO RECEIVES THE PROPERTY IS A NON-
RESIDENT WHO OWNS DIRECTLY OR INDIRECTLY 50 PERCENT OF THE PROPERTY
-- PRIOR OWNER WAS A RESIDENT OF GEORGIA AT THE MOMENT OF DEATH OR WHEN A GIFT WAS GRANTED
-- IF THE PROPERTY IS A REAL ESTATE LOCATED IN
GEORGIA

THE FOLLOWING ITEMS ARE TAX FREE:

-- INHERITANCE AND GIFTS RECEIVED FROM THE NEXT-OF- KINS
-- INHERITED PROPERTY UNDER GEL 50,000 -- GIFTS UNDER GEL 1,000 (ONCE A YEAR PER PERSON)

C. TAX ON TRANSFER OF CARS

A 2 PERCENT TAX RATE APPLIES TO THE TRANSFER OF PROPERTY RIGHTS THROUGH REGISTRATION OR RE- REGISTRATION OF CARS

THE FOLLOWING TRANSFER IS TAX EXEMPT IF:

-- VAT IS PAID BY IMPORTER OR PRIOR OWNER OF THE CAR
-- CAR TRANSFER TO THE SPOUSE, PARENT, OR CHILD
-- TRANSFER OF OWNERSHIP AS A RESULT OF DIVORCE
-- GRATUITOUS TRANSFER TO STATE, BUDGET, CHARITY OR RELIGIOUS ORGANIZATION
-- TRANSFER OF OWNERSHIP IN CASE OF REORGANIZATION

10. SOCIAL TAX -- SOCIAL SECURITY AND EMPLOYMENT TAXES
=======================================================

SOCIAL TAX IS AN OBLIGATORY CONTRIBUTION TO THE UNIFIED SOCIAL SECURITY AND EMPLOYMENT FUND AND PAID BOTH BY EMPLOYEES AND EMPLOYERS.

-- SOCIAL SECURITY FUND LEVY ON EMPLOYEES WAGES PAID BY EMPLOYER IS ESTABLISHED AT 27 PERCENT.

-- SOCIAL SECURITY FUND LEVY ON EMPLOYEES WAGES PAID BY EMPLOYEE IS ESTABLISHED AT 1 PERCENT.

-- EMPLOYEES AND EMPLOYERS HAVE TO PAY 1 PERCENT ON ENTERPRISE WAGES AS AN EMPLOYMENT FUND TAX.

EXEMPTIONS ARE:

-- ALLOWANCE ALLOCATED FROM THE SOCIAL INSURANCE FUND TO THE INCAPABLE PERSONS
-- PAYMENTS TO ORGANIZATIONS FORM FUNDS RECEIVED AS GRANTS
-- FOREIGN EMPLOYEES OF DIPLOMATIC MISSIONS AND CONSULATES

(NOTE: THE LIST COVERS ONLY MOST SIGNIFICANT EXEMPTIONS)

1O. NATURAL RESOURCES UTILIZATION TAX
======================================

THE TAX PAYERS ARE PHYSICAL PERSONS AND LEGAL ENTITIES THAT'S ACTIVITIES ARE SUBJECT TO LICENSING FOR UTILIZATION OF NATURAL RESOURCES. THE TAX APPLIES TO THE UTILIZATION OF FOSSILS, TIMBER, PINE CONES, WATER, AND ANIMAL RESOURCES. THE TAX IS CALCULATED BASED ON THE MARKET VALUE OF THE NATURAL RESOURCES UTILIZED. THE TAX CODE LISTS DIFFERENT TAX RATES DEPENDING ON THE GROUP AND CLASSIFICATION OF THE NATURAL RESOURCES.

THE TAX DOES NOT APPLY TO THE NATURAL RESOURCES OBTAINED FROM THE RECREATIONAL, OR CLEANING WORKS OR CONSTRUCTION OF THE SUBWAY, SEWAGE, OR OTHER MUNICIPAL UNDERGROUND STRUCTURES.

A 70 PERCENT DEDUCTION APPLIES TO UTILIZATION OF NATURAL RESOURCES FOR:

-- SCIENTIFIC, CULTURAL OR EDUCATIONAL ACTIVITIES -- RECREATIONAL WORKS WHICH MAINTAINS THE QUANTITY OF THE NATURAL RESOURCES

12. TAX FOR ENVIRONMENT POLLUTION WITH HAZARDOUS MATERIALS
=================================================

THE TAX PAYERS ARE PHYSICAL PERSONS AND LEGAL ENTITIES THAT'S ACTIVITIES HAVE NEGATIVE IMPACT ON ENVIRONMENT OR ENGAGED IN RETAIL OR WHOLESALE SELLING (FOR THE CUSTOMER'S PERSONAL USE ONLY) OF GASOLINE AND DIESEL. THE BASIS FOR THE TAX PAYMENT IS A QUANTITY OF THE FUEL SOLD, OR HAZARDOUS MATERIALS WITHIN THE LIMITS SET BY THE MINISTRY OF ENVIRONMENT AND NATURAL RESOURCES AND ITS BRANCHES.

THE TAX CODE LISTS DIFFERENTIAL RATES FOR THE VARIOUS ATMOSPHERE AND WATER POLLUTING SUBSTANCES. THE POLLUTION TAX IS CHARGED ON EACH LITER OF FUEL SOLD THROUGH RETAIL SALE:

-- GASOLINE GEL 0.02

-- DIESEL GEL 0.01

EACH REGION HAS AN ADJUSTMENT RATIO WITH THE HIGHEST -- 1.5 -- FOR RESORT AREAS, THE BLACK SEA COAST, AND SEVERAL RIVERS INCLUDING RIONI, AND MTKVARI.

13. TAX FOR ENTRY COUNTRY'S TERRITORY WITH AUTOMOBILES
=======================================================

THE TAX PAYERS ARE DRIVERS OR OWNERS OF THE VEHICLES WHICH ENTER THE TERRITORY OF GEORGIA INCLUDING THOSE IN TRANSIT. THE VEHICLES SUBJECT TO THIS TAX ARE LISTED IN CHAPTER 87 OF THE FOREIGN ECONOMICAL ACTIVITIES NOMENCLATURE OF GOODS UNDER 8702-87O4 CODES, AND ARE:

-- REGISTERED IN A FOREIGN COUNTRY, OR
-- REGISTERED IN GEORGIA, AND CARRY OUT TRANSIT SHIPMENTS THROUGH GEORGIA

THE TAX RATES DIFFER DEPENDING ON TYPE AND LOAD TURNOVER OF THE VEHICLE:

VEHICLES TAX
PAYMENT
IN GEL
---------------------------------------------------------
SMALL VEHICLES 26
BUS (UP TO 12 SEATS) 50
BUS (FROM 13 TO 30 SEATS) 100
BUS (OVER 30 SEATS) 170

TRUCK WITH A LOAD TURNOVER UP TO 3 TON 100
TRUCK WITH A LOAD TURNOVER FROM 3 TO 10 TON 170
TRUCK WITH A LOAD TURNOVER FROM 10 TO 20 TON 210
TRUCK WITH A LOAD TURNOVER FROM 20 TO 40 TON 285
TRUCK WITH A LOAD TURNOVER OVER 40 TON 390

LOCAL TAXES
===========

IN ADDITION TO THE EXISTING COMMON-STATE TAXES LOCAL ADMINISTRATIONS WITHIN THEIR COMPETENCY ARE ENTITLED TO INTRODUCE LOCAL TAXES IN THE AMOUNT STATED BELOW:

-- ENTREPRENEURIAL TAX -- NOT MORE THAN 1 PERCENT EXCLUDING THE VAT (NOT MOTE THAN 5 PERCENT FOR LOADING-UNLOADING SERVICES IN PORTS)
-- GAMBLING TAX -- NOT MORE THAN 15 PERCENT
-- RECREATIONAL TAX -- GEL 10 PER PERSON
-- HOTEL TAX -- NOT MORE THAN 2 PERCENT OF PAYMENT FOR HOUSING
-- ADVERTISEMENT TAX -- NOT MORE THAN 10 PERCENT EXCLUDING THE VAT
-- AUTOMOBILES PARKING TAX -- NOT MORE THAN 30 TETRI, OR NOT MORE THAN 20 PERCENT OF THE SERVICE COST EXCLUDING THE VAT FOR THE CAR PARKING SERVICE ENTERPRISES.
-- TAX FOR LOCAL LOGOS USING -- NOT MORE THAN 2 PERCENT FROM TURNOVER.

This report is provided courtesy of the Business Information Service for the Newly Independent States (BISNIS)