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Article 173. VAT rate
173.1. VAT shall be 18 percent of each taxable operation and taxable import.
173.2. The taxable turnover shall be the total value of taxable operations during an accounting period.
Article 174. VAT on taxable turnover payable to the budget
174.1. The sum of VAT payable to the budget in respect of taxable turnover in accordance with Article 166 of this Code shall be determined as the difference between the sum of tax charged in accordance with article 173.1. of this Code on the taxable turnover and the sum of tax creditable under Article 175 of this Code.
174.2. In the event that VAT payable under Article 163 of this Code exceeds the VAT indicated in taxpayer’s tax returns, the difference shall be considered a VAT payable during the accounting period in which cases stipulated in Article 163.1. of this Code and shall be added to the tax amount payable in the accounting period pursuant to Article 174.1. of this Code.
Article 175. VAT creditable in the determination of payments to the budget
175.1. Subject to the provisions of this Article, the amount of tax paid to the deposit account of VAT as per payments and operations performed within such account made by cashless transfer (with exception of payments made in cash to the bank account of the provider of goods, works and services) on invoices issued to taxpayer shall be considered the amount of credited VAT and in this case the time for imposing tax on the following operations shall be taken into account:
175.1.1. on operations involving supply of goods, performance of works and provision of services which are considered operations conducted during an accounting period pursuant to Article 176 of this Code;
175.1.2. on import of goods during an accounting period pursuant to Article 170 of this Code.
175.1.3. if in accordance with invoice issued to the taxpayer two or more payments have been made, each payment shall be considered as performed for separate operations at the value of payment. The amount of VAT shall be paid for in accordance with procedure set by this Code and the relevant executive authority not later then on the day of payment of the value of goods (works and services), purchased by electronic tax invoice, issued to the taxpayer. If in this two or more payments are made of the value of goods (works and services), the amount of VAT shall be paid via VAT deposit account in accordance with amount of payment made.
When the cost for goods, works and services is not included in the production expenditures, for the use of such goods, works and services for commercial purposes provisions of articles 175.1., 175.1.1., and 175.1.2. of this Code shall be applied.
175.2. The amount of VAT paid by cashless transfer by VAT deposit account (with exception of payments made in cash to the bank account of the provider of goods, works and services) by the taxpayer on invoices submitted for taxable operations, which are partially used for entrepreneur services and other part for other purposes, as well as on the import of goods compensating the amount of VAT determined by the weight of goods(works, services) used for entrepreneurial activity.
175.3. No VAT compensation shall be made for costs stipulated in article 109.3. of this Code, with the exception of specified in article 109.4. of this Code.
175.4. In the case where taxpayer carries out taxable operations and operations exempt from tax pursuant to Article 164 of this Code, the amount allowed as a VAT credit shall be determined on the basis of the proportion between the taxable and total turnover.
175.5. If under circumstances indicated in Article 163 of this Code the amount of VAT to be paid to the budget is not indicated correctly, the amount of VAT to be paid to the budget shall be indicated in the declaration, provided by the taxpayer for reporting period, in which such circumstances have occurred.
175.6. In cases when goods (works, services) are bought by the persons carrying out operations, exempted from VAT or not liable to VAT, the amount of VAT paid in an order stipulated by this Article, is not liable to compensation. Except forsubsidiesunder Article1.1.17of the Law of the Republic of Azerbaijan "On Budget System", when purchasing goods(works, services) at the expense of public investment(investment costs) according to various sourcesfrom the state budget, the paid VAT amount is not refundable.
175.7. Operations, as per which VAT is deducted at Zero (0) rate, are considered the operations liable to VAT, and VAT amount, paid by cashless transfer by VAT deposit account (with exception of payments made in cash to the bank account of the provider of goods, works and services) when buying goods (works, services) by the persons, carrying out such operations are to be compensated according to the provisions of this Code.
175.8. The amount of VAT should be transferred to VAT deposit account by VAT payers, as well as non-registered for VAT purposes legal entities and budget organizations, with more than 50 percent of state ownership, according to electronic tax invoices issued to them on the acquisition of goods, services (works), as well as by persons, who purchased the residential and non-residential premises from the persons engaged in construction of buildings. Rules for maintenance of the VAT deposit account, VAT movements, compensation for VAT with operations performed on this account and their payments to state budget shall be set by the relevant executive authorities.
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