💰 On the procedure for making deductions for entrepreneurial activities that directly affect historical and cultural values or their protection zones
Details for deductions
According to the Decree, deduction funds must be transferred to the special extra-budgetary account of the Ministry of Culture:
BY73AKBB36309000000130000000
Bank name: JSC "ASB Belarusbank",
Minsk, Dzerzhinsky St., 18,
Bank code AKBB BY 2X, UNP 100618574
Funds received from these deductions are used to implement measures aimed at conducting research, design, and restoration work on tangible historical and cultural values, identifying and registering historical and cultural values, and carrying out other activities for the preservation and enhancement of historical and cultural heritage.
Grounds and amounts of deductions
The procedure for business entities to comply with the requirements for paying mandatory deductions to the Fund of the President of the Republic of Belarus for the Support of Culture and Art is regulated by the Regulations approved by Decree of the President of the Republic of Belarus No. 527 of October 18, 2007 "On some issues of protecting historical and cultural heritage".
According to paragraph 7 of the Regulations, legal entities and/or individuals, including individual entrepreneurs, make deductions when they carry out entrepreneurial activities that have a direct impact on a historical and cultural value or its protection zones, by:
- creating additional transport loads;
- introducing functions not characteristic of this historical and cultural value;
- creating additional volumetric-spatial structures not inherent and not characteristic of this value.
The amounts of deductions from the profit received as a result of such activities are:
- for legal entities and individuals of the Republic of Belarus, including individual entrepreneurs — 5 percent;
- for foreign legal entities and individuals — 25 percent.
Please note that for the purpose of executing the Decree, it is necessary to be guided by the definition of profit set forth in paragraph 3 of the Regulations. Profit, from which deductions are calculated, refers to the income remaining at the disposal of business entities after paying taxes, fees (duties), and other mandatory payments established by legislative acts of the Republic of Belarus.
What constitutes direct impact
Direct impact of entrepreneurial activity on a historical and cultural value or its protection zones includes:
- creation of additional volumetric-spatial structures, including the construction of annexes, arrangement and placement of non-stationary trade and public catering facilities, outdoor advertising means and other objects on the territory of the value and (or) in its protection zones;
- creation of parking lots and access roads for vehicles;
- change of functional use (lack of scientific justification for the change and (or) creation of additional functional purpose) of a historical and cultural value, premises therein, arrangement of new entrance groups, porches, canopies, ventilation systems, external air conditioners, satellite dishes, built-in ATMs;
- deterioration of distinctive features of a historical and cultural value when complying with fire safety, environmental protection, sanitary and other requirements.
Calculation and Control Procedure
In accordance with paragraph 13 of the Regulations, the Ministry of Culture and structural subdivisions of local executive and administrative bodies are entrusted with methodological, organizational assistance and control over the timeliness of deductions and the completeness of compensation payments.
The basis for calculating the deductions under consideration for business entities operating simultaneously in historical and cultural values and in other buildings (premises) that are not historical and cultural values, is calculated in accordance with the legislative acts of the Republic of Belarus.
The calculation of the specified income for the reporting year is carried out by business entities independently in accordance with the legislative acts of the Republic of Belarus, as well as the accounting policy adopted by the business entity in accordance with the Law of the Republic of Belarus "On Accounting and Reporting".
If separate income accounting was carried out:
It is advisable to calculate the payment of deductions from the part of the organization's income received directly from the area occupied in the historical and cultural value.
If separate accounting was not carried out:
It is advisable to calculate the payment of deductions proportionally to the calculated part of the income, respectively to the area occupied in the historical and cultural value.