On request of the Ministry of Finance of MK, in a parliamentary procedure following abbreviated procedure, a Proposal for the ne Law on Solidarity Tax was entered, which regulates the taxation, the liable party, the tax base, the deadlines for the payment of the tax as well as other issues that are important for determining and payment of the solidarity tax.
The purpose of this tax, according to the Ministry of Finance of MK, is to pay and determine it in conditions of unpredictable and unfavorable economic circumstances in RSM. One of the goals is the provision of additional funds to finance the programs for dealing with the COVID-19 crisis and other anti-crisis measures.
The basic principles on which this law is based are fairness, equality and proportionality.
According to Article 3 of the Proposal, the person liable for the solidarity tax is the person liable for the profit tax according to the Law on the Profit Tax, which in 2022 achieved a total income greater than 615,000,000 denars (10,000,000 euros). This means that every legal entity resident in MK that makes a profit from performing activities in the country and abroad will be liable for the solidarity tax. In addition, a permanent business unit of a foreign person may also be a taxpayer for the profit it makes from performing activities in the territory of MK. Non-profit organizations are not liable for profit tax and accordingly cannot be liable for solidarity tax.
The applicable solidarity tax rate is defined in Article 6 of the Proposal and it amounts to 30% of the prescribed tax base. There are two rules for determining the tax base, namely:
- BASIC RULE: Tax base is the difference between the tax base after reduction determined in the tax balance for profit taxation for 2022 and the average amount of tax base after reduction determined in the tax balances for profit taxation for the previous periods (2018 , 2019 and 2021) increased by 20%,
- ALTERNATIVE RULE (applies only if the same is more favorable): Tax base is the difference between the average amount of the tax base after reduction determined in the tax balance for the taxation of profit for 2021 and for 2022 and the tax base after reduction determined in the tax balances for profit taxation for the previous periods (2017, 2018 and 2019) increased by 20%.
For non-compliance with the provisions provided by this Proposal, fines in the range of 3,000-20,000 euros are prescribed in it, depending on the offense and depending on whether they refer to the authorized person and/or the legal entity.
Control of the implementation of this Law, if it is adopted, will be carried out by the Public revenue office of MK.