Tax guide 2020 Foreign nationals coming to Azerbaijan - Deloitte

 
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Tax guide 2020 Foreign nationals coming to Azerbaijan - Deloitte
Tax guide 2020
Foreign nationals
coming to Azerbaijan
Tax guide 2020 Foreign nationals coming to Azerbaijan - Deloitte
Abbreviations                    06

Arrival, Registration
and Work Permits                 07

Tax Residency Status,
Taxes and Tax Rates              14

Filing Requirements              22

Tax Payments                     28

Taxable Income                   32

Social Insurance Contributions   36

Unemployment Insurance           40

Compulsory Medical
Insurance                        42

Double Tax Treaties              46

Contacts                         48
Tax guide 2020 Foreign nationals coming to Azerbaijan - Deloitte
Tax guide 2020

Deloitte is pleased to provide
you with this brief overview
of the Azerbaijani personal tax
and compliance procedures.
For your convenience, this guide
is presented as a list of FAQs

Welcome to Azerbaijan!

With the Azerbaijani tax system undergoing constant
rapid development, we recommend that you
use this brochure for general guidance purposes only.
Azerbaijan currently has three taxation regimes —
a statutory regime, a PSA regime, and an HGA regime.
Since most PSAs in Azerbaijan are similar, we will be referring
to the Azeri-Chirag-Guneshli PSA throughout this brochure.
We will provide you with information on these three taxation
regimes in turn (for each question, answer 1 will be related
to the statutory taxation regime, answer 2 to the PSA
taxation regime, and answer 3 to the HGA taxation regime).
Please contact us to discuss your specific situation.

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Tax guide 2020 Foreign nationals coming to Azerbaijan - Deloitte
Tax guide 2020                                                                                   Tax guide 2020

Abbreviations                                     Arrival, Registration
                                                  and Work Permits

PSA              Production Sharing Agreement     Question            Answer
                                                  Do I have           1. No, there is no such requirement.
HGA              Host Government Agreement
                                                  to notify the tax      However, if you are engaged
AZN              Azerbaijani Manat                authorities            in entrepreneurial activity
                                                  upon my arrival/       in Azerbaijan and are planning
USD              U.S. Dollar
                                                  departure?             to leave the country, you must file
PIT              Personal Income Tax                                     a final tax return within 30 days
                                                                         of ceasing your activities.
VAT              Value Added Tax

SIC              Social Insurance Contributions                       2. No, there are no such requirements
                                                                         with regard to PSAs.
SSPF             State Social Protection Fund

                 Compulsory Medical Insurance                         3. No, there are no such requirements
CMIC
                 Contributions                                           with regard to HGAs.

DTT              Double Taxation Treaty

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Tax guide 2020 Foreign nationals coming to Azerbaijan - Deloitte
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Question            Answer                                       Question          Answer
Do I need           1. Yes. Registration with the State          Do I require      1. If you are planning to visit
to register with       Migration Service at the place of stay,   a visa to enter      Azerbaijan, you must obtain
the Azerbaijan         must be performed within  fifteen         Azerbaijan?          a visa if there is a visa regime
state authorities      days of your arrival in Azerbaijan.       If so, where         applicable between Azerbaijan
upon arrival?          This requirement is applicable            do I obtain it?      and your country of residence.
                       only if you intend to stay                                     A visa can be obtained at Azerbaijani
                       for more than fifteen days                                     embassies and consulates in your
                       in Azerbaijan. You or the host party                           country of residence or other
                       may file an application (together with                         designated countries. Alternatively,
                       your passport) to the State Migration                          it is possible to obtain an electronic
                       Service via post, email or in person.                          visa (for any type of visa) online
                                                                                      through the website: www.evisa.gov.
                    2. Yes, the above rules                                           az. Such visa shall be considered an
                       also apply under PSAs.                                         e-visa. Please note that an e-Visa is
                                                                                      only a single entry visa valid for the
                    3. Yes, the above rules                                           period of 90 days and the  period of
                       also apply under HGAs.                                         stay under an e-visa  cannot exceed
                                                                                      30 days.  E-visas shall be printed
                                                                                      and provided at the border along
                                                                                      with a passport to be stamped.

                                                                                   2. The same rules apply
                                                                                      with regard to PSAs.

                                                                                   3. The same rules apply
                                                                                      with regard to HGAs.

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Question             Answer
                                                                     within a calendar year within specific
Do I require         1. Yes, foreign individuals wishing
                                                                     fields of business (i.e. mining industry,
a work permit           to work in Azerbaijan must obtain
                                                                     processing industry, electricity, gas, steam
to work                 a work permit from the State
                                                                     and air conditioning supply, information
in Azerbaijan?          Migration Service of the Republic
                                                                     and communication, finance and
If so, how do           of Azerbaijan through their
                                                                     insurance, education, transport, water
I obtain a permit,      employers. A work permit is issued
                                                                     supply, waste water and refuse treatment);
for how long            for an unlimited number  of times
is it valid,            each being no more than one year.
                                                                     A work permit is issued upon
and what
                                                                     your employer’s application to the
is the timeframe        However, you do not require a work
                                                                     State Migration Service. Generally the
and cost                permit if you are:
                                                                     timeframe for obtaining a work permit
of obtaining it?        – a permanent resident
                                                                     is 20 working days after the submission
                          of Azerbaijan
                                                                     of the complete application package.
                        – married to an Azerbaijani citizen,
                                                                     The state fee payable for a work permit
                          provided your spouse is registered
                                                                     and for any extension of the term
                          at his/her place of residence
                                                                     of the permit is AZN 350 for up to three
                        – engaged in entrepreneurial
                                                                     months, AZN 600 for up to six months,
                          activity
                                                                     AZN 1,000 for one year.
                        – employed in a managerial position
                          at an organization established
                                                                2. The same conditions apply with  regard
                          under an international agreement
                                                                   to PSAs. Prior to the  submission of the
                        – employed at a diplomatic
                                                                   application  to the State Migration Service,
                          representative office
                                                                   the  endorsement of the State Oil Company
                          or an international organization
                                                                   of the Azerbaijan Republic  needs to be
                        – the head or deputy head
                                                                   obtained.
                          of a branch or representative
                          office of a foreign legal
                                                                3. The same conditions apply with regard
                          entity in Azerbaijan
                                                                   to HGAs. Prior to the submission of the
                        – the head or deputy head of a
                                                                   application  to the State Migration Service,
                          local legal entity with foreign
                                                                   the  endorsement of the State Oil Company
                          shareholder
                                                                   of the Azerbaijan Republic  needs to be
                        – assigned on business trips not
                                                                   obtained.
10                        exceeding 90 days cumulatively                                                                       11
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Question            Answer                                    Question            Answer
Do I require        1. Your work permit serves as the basis   Do I need a local   1. Yes, if you are locally employed
a temporary            for obtaining a temporary residence    contract?              at an Azerbaijani entity,
residence permit?      permit. Temporary residence                                   or if you are employed at a branch
If so, how do          permits are initially issued for up                           or representative office of a foreign
I obtain one           to one year based on the submitted                            legal entity in Azerbaijan and have
and for how long       application and may subsequently                              not concluded an employment
is it valid?           be extended for no more than two                              agreement with the head office
                       years at a time. The timeframe                                of that foreign legal entity.
                       for obtaining a temporary residence
                       permit is 20 working days after                            2. The same rules apply with regard
                       submission of the complete                                    to PSAs.
                       application package.
                                                                                  3. The same rules apply with regard
                       In order to qualify for a temporary                           to HGAs.
                       residence permit as a private
                       entrepreneur,  foreign nationals
                       engaged in entrepreneurial activity
                       must have at least five full time
                       or 10 part time employees hired
                       under legally-binding employment
                       agreements. At least 80 percent
                       of these employees must be
                       Azerbaijani citizens.

                    2. The same rules apply with regard
                       to PSAs.

                    3. The same rules apply with regard
                       to HGAs

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Tax Residency
Status, Taxes
and Tax Rates
Question           Answer                                       Question              Answer
What are the tax   1. You are considered an Azerbaijani         To what taxes         1. Tax residents are generally taxed
residency rules       tax resident if you have been             will my income           at the rates detailed in the table
in Azerbaijan?        physically present in Azerbaijan          be subject?              below. These rates are applied
                      for a period of more than 182 days        What rates               to their worldwide income paid
                      cumulatively in a calendar year           will apply?              in cash and/or in-kind:
                      (regardless of nationality).
                                                                Monthly Taxable Income          Tax Rates
                   2. Under PSAs there are three tax
                                                                Up to AZN 2,500                 14%
                      residency rules for expatriate
                      employees:                                                                AZN 350 + 25% of the amount
                                                                Over AZN 2,500
                      – An expatriate employee spending                                         exceeding AZN 2,500
                        more than 30 consecutive days
                        in a calendar year in Azerbaijan        Reduced tax rates will be in  force for a seven years period
                        for ordinary business purposes          starting from 1 January 2019 for employees of the private
                        becomes a tax resident. Income          and non-oil and gas sectors.
                        earned after the 30th day
                        is taxable in Azerbaijan.               Monthly Taxable Income          Tax Rates
                      – Individuals spending less than 30       Up to AZN 8,000                 0%
                        consecutive days but more than
                                                                                                14% of the amount exceeding
                        90 cumulative days in Azerbaijan        Over AZN 8,000
                                                                                                AZN 8,000
                        in a calendar year also become tax
                        residents. Income earned after          An income of AZN 200 is exempt from taxation if the monthly
                        the 90th day becomes taxable.           income  is below AZN 2,500, and an  income of AZN 2,400 is
                      – Individuals on rotation                 exempt if the annual  income is below AZN 30,000.
                        and expatriates whose primary
                        place of employment is Azerbaijan                                 All individuals engaged in
                        are also considered to be tax                                     entrepreneurial activity will be taxed
                        residents if they spend more than                                 at a fixed rate of 20 percent. Taxable
                        90 cumulative days in Azerbaijan                                  income from non-entrepreneurial
                        in a calendar year. These individuals                             activities will be taxed at the rate of
                        are taxed from the first day of their                             14 percent.
                        presence in Azerbaijan.
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                 The income of sole entrepreneurs            as micro or small entrepreneurs
                 operating in the industrial parks is        are exempt for three years from
                 exempt from taxation. Moreover,             the date of obtaining a startup
                 50 percent exemption on personal            certificate and
                 income  tax is considered for
                                                            • a portion of income of small-
                 individuals who  get an investment
                                                              medium enterprise (“SME”) cluster
                 promotion certificate.
                                                              member individual entrepreneur
                                                              earned from the provision of
                 Along with the above exemptions,
                                                              goods (services, works) under the
                 starting from 2019 new income tax
                                                              contract concluded with an SME
                 exemptions have been stipulated in
                                                              cluster company spent for capital
                 the tax legislation;
                                                              expenditures are exempt from
                 • dividend income of individuals who         income tax for seven years.
                   are the founders (shareholders) of
                   a resident entity is exempt from
                                                            In addition, the income tax amount
                   income tax if a resident entity is not
                                                            payable by the entrepreneurs
                   registered for VAT purposes, and
                                                            engaging in trading and public
                   the taxable turnover of such entity
                                                            catering activities for the provision
                   is up to AZN 200,000 in a 12-month
                                                            of goods under retail sale, is
                   period,
                                                            decreased by 25 percent of the tax
                 • 50 percent of a taxpayer’s income        amount generated from the income
                   from the provision of shares and         received via POS terminals for a
                   participating interests owned at         three year period starting from 1
                   least for a three year period,           January, 2019.

                 • 75 percent of the individual
                                                            If you conduct business activity in
                   entrepreneurs’ income from
                                                            Azerbaijan, and the volume of your
                   entrepreneurial activities classified
                                                            taxable  operations does not exceed
                   as a micro-entrepreneur,
                                                            AZN 200,000 in any consecutive
                 • income of startups from such             12-month period, you have a right
                   activities performing their              to register as a simplified taxpayer.
                   business as individuals classified

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                 The maximum amount of taxable                 Income from the sale of residential
                 operations that enables individual            and non-residential property,
                 entrepreneurs to become simplified            including property acquired from
                 taxpayers is set as AZN 200,000 in            persons engaged in construction, is
                 any consecutive 12-month period.              subject to simplified tax at a rate of
                                                               AZN 15 per square meter multiplied
                 If your income exceeds the above
                                                               by the location zone rate, which
                 threshold, you will be obligated
                                                               varies from 0.5 to 4.0. The rate
                 to register for VAT purposes.
                                                               for non-residential buildings is1.5
                                                               regardless of the location.
                 Simplified tax is calculated from  the
                 revenue received from the supply of
                 goods, services and work at the rate       2. PIT rates applied under  PSAs to
                 of two percent.                               Azerbaijani tax residents’  income
                                                               earned as a direct result  of their
                                                               employment in Azerbaijan are as
                 Persons engaged in public catering
                                                               follows:
                 activities whose  taxable turnover
                 exceeds AZN  200,000 in any month          Monthly Taxable Income         Tax Rates
                 within consecutive twelve months
                 are entitled to register as simplified     Up to AZN 2,500                14%
                 taxpayers at the rate of  eight                                           AZN 350 + 25% of the amount
                 percent.                                   Over AZN 2,500
                                                                                           exceeding AZN 2,500
                 Sole entrepreneurs’ cash
                 withdrawals from their bank                3. The same PIT rates as above apply
                 accounts  are subject to simplified           under HGAs after you become a tax
                 tax at a rate of one percent,  which          resident.
                 shall be withheld by local banks,
                 branch offices of foreign banks
                 in the Republic of Azerbaijan,
                 and national operators of postal
                 services.

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Question            Answer                                        Question           Answer
Do I pay tax        1. Yes. If you have been physically present   Are there          1. Yes. The Azerbaijani government
in Azerbaijan          in Azerbaijan for a period of less         any special tax       offers an investment promotion
if I qualify           than 183 days in a calendar year,          exemption rules?      certificate that grants exemption
as a non-resident      you will qualify as a non-resident         If yes, which         from several types of taxes for
for tax purposes?      for tax purposes and will be taxed         industries are        seven years in those industries that
                       at the above rates on your Azerbaijani-    they applicable       are considered to be high priority.
                       sourced employment income.                 to?                   Moreover, small-medium enterprise
                       Non-residents are taxed on their                                 members and companies enjoy
                       income obtained from other                                       several tax exemptions for seven
                       Azerbaijan sources as follows:                                   years from the date they receive
                       A. dividends — 10%                                               a certificate of an SME cluster
                       B. Interest, including loan interest                             company or SME cluster member.
                            paid in connection with financial                           Startups classified as a micro or
                            leasing transactions — 10%                                  small entrepreneurship are exempt
                       C. Royalties and rent — 14%                                      from certain taxes for three years
                       D. International freight or                                      from the date of obtaining a startup
                            communication — 6%                                          certificate. Also, 75 percent of the
                       E. Insurance and re-insurance fees                               income of individual entrepreneurs
                            —  4%                                                       and profit of legal entities from
                       F. Other Azerbaijani-sourced  income                             entrepreneurial activities classified
                            — 10%                                                       as a micro-entrepreneurship are
                       G. Payments to countries with                                    exempt from income tax and profit
                            preferential taxation —10%.                                 tax respectively.

                             Azerbaijani-sourced income                              2. No.
                             includes income related to duties
                             performed or services rendered                          3. No.
                             in Azerbaijan and income from
                             property located in Azerbaijan,
                             irrespective of where it is paid.
                    2. No.

20                  3. No.                                                                                                 21
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Filing Requirements

Question            Answer                                     Question          Answer
Do I need to file   1. No, provided your only income           What              1. The tax year is a calendar year.
a tax return           is from employment, which               is the tax year
in Azerbaijan?         is subject to withholding tax,          in Azerbaijan?    2. Under PSAs the tax year is also
                       deducted by the entity or individual                         a calendar year.
                       from which you receive the income
                                                                                 3. Similarly, under HGAs the tax year
                       However, if you are engaged                                  is a calendar year.
                       in entrepreneurial activity
                       in Azerbaijan you have to file
                       either a PIT return or a simplified
                       tax return.

                       VAT payers must file VAT returns
                       on a monthly basis.

                    2. No. However, an employer
                       is responsible for filing a return
                       to the tax authorities regarding  all
                       Azerbaijan PIT payments  made
                       during the calendar  quarter in
                       respect of foreign employee tax
                       residents.

                    3. No. However, an employer
                       is responsible for filing a return
                       to the tax authorities regarding
                       all Azerbaijani PIT payments made
                       during the calendar quarter in
                       respect of foreign employee tax
                       residents.

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Question         Answer
When do I have   1. Your employer is responsible for         2. Your employer is responsible  for
to file a tax       filing quarterly PIT returns by the         filing a return to the tax authorities in
return?             20th day of the month following             regard to PIT payments made during
                    the calendar quarter.                       the calendar quarter in respect of its
                                                                foreign employee tax residents by
                    Individual entrepreneurs are obliged        the 20th day of the month following
                    to file a PIT return on 31 March of         the end of the calendar quarter. In
                    the year following the tax year at the      addition, the employer must provide
                    place of tax registration (residence).      State Tax Service under the Ministry
                    This deadline can be extended               of Economy with a summary of all
                    by up to three months upon filing           Azerbaijani PIT payments made
                    an application, provided that the           during the calendar year in respect
                    amount of tax due is paid.                  of its foreign employee tax residents
                                                                in the form of an addendum to the
                    The deadline for filing a simplified        PIT return for the fourth quarter.
                    tax return is the 20 day
                    of the month following the end           3. Similarly, under HGAs, your
                    of the calendar quarter.                    employer is responsible for filing
                                                                a return to the tax authorities
                    If you cease your entrepreneurial           in regard to PIT payments made
                    activity during the tax year, you           during the calendar quarter
                    are required to file a tax return           in respect of its tax resident
                    within 30 days.                             foreign employees by the 20th day
                                                                of the month following the end
                    VAT payers must file VAT                    of the calendar quarter.
                    returns no later than the 20th
                    of the month following the end
                    of the calendar month.

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Question             Answer                                  Question           Answer
Is there any         1. No, unless you are an entrepreneur   In what currency   1. All income received should be
requirement             subject to PIT. If you are, you      should I report       reported in AZN.
for filing advance      may be required to file quarterly    my taxable
tax returns             advance tax calculations             income?            2. Your employer should report your
in Azerbaijan?          by the 15th day of the month                               taxable income in AZN or USD.
                        following the calendar quarter.
                                                                                3. Your employer should report your
                     2. No.                                                        taxable income in AZN or USD.

                     3. No.
                                                             Question           Answer
                                                             Are there          1. Yes, penalties may be charged
Question             Answer                                  penalties             in an amount up to AZN 40.
Can joint returns    1. No.                                  for late filing
be filed (taxpayer                                           of tax returns?    2. The same penalty applies
and spouse)?         2. No.                                                        to taxpayers working under
                                                                                   the PSA regime.
                     3. No.
                                                                                3. The same penalty applies
                                                                                   to taxpayers working under
                                                                                   the HGA regime.

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Tax Payments

Question          Answer                                   Question               Answer
How is tax paid   1. PIT can be paid either via            If I have to pay tax   1. If your only income is from
in Azerbaijan?       withholding at source when            personally, how           employment in Azerbaijan,
                     the paying entity is obligated        do I do this?             your employer is responsible
                     to do so, or personally if you                                  for withholding income tax
                     are obligated to file a tax return.                             and remitting it to the State Budget.

                     Payers of simplified tax and VAT                                However, if you receive income from
                     are obliged to pay tax personally.                              entrepreneurial activity and you are
                                                                                     a PIT payer, the income tax due for
                  2. Under PSAs, PIT is paid                                         the current year should be paid  in
                     via withholding at source                                       advance to the State Budget by only
                     by the employer.                                                a wire transfer from your personal
                                                                                     bank account by the 15th day of the
                  3. Under HGAs, PIT is paid                                         month following each quarter. It
                     via withholding at source                                       should be noted that the amount
                     by the employer.                                                of advance payments should not
                                                                                     be less than 75 percent of the total
                                                                                     income  tax due for that specific tax
                                                                                     year. The final payment should be
                                                                                     made before filing an annual income
                                                                                     tax return, i.e. before 31 March of
                                                                                     the following year.

                                                                                     If you are a simplified tax payer you
                                                                                     are obliged to make a tax payment
                                                                                     no later than the 20th day of the
                                                                                     month following the end of the
                                                                                     calendar quarter.

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                                                              Question             Answer
                      If you generate income from the sale    Can my               1. Yes, your employer must remit
                      of residential and non-residential      employer make           the taxes to the State Budget
                      property, the simplified tax shall be   tax payments            on your behalf.
                      withheld and paid by notary.            on my behalf?
                                                                                   2. Employers are required to make
                      If you are a VAT payer you should                               these payments on your behalf
                      make a tax payment no later than                                in accordance with PSAs.
                      the 20th day of the month following
                      the end of the calendar month.                               3. Employers are required to make
                                                                                      these payments on your behalf
                   2. No, you do not have to pay                                      in accordance with HGAs.
                      any PIT personally.

                   3. No, you do not have to pay              Question             Answer
                      any PIT personally.                     Are there any        1. Yes, late payment interest is charged
                                                              penalties for late      at a rate of 0.1 percent of the tax
                                                              payment of tax?         payable for each day of delay.
Question           Answer
In what currency   1. Azerbaijani PIT should be paid                               2. Under PSAs, an employer should
do I pay tax?         in AZN.                                                         pay interest at a rate of LIBOR
                                                                                      + 4 percent per annum for each day
                   2. Under PSAs, an employer may pay                                 of delay of the tax payment.
                      the Azerbaijan PIT of its foreign
                      employee tax residents in AZN                                3. Under HGAs, an employer should
                      or USD.                                                         pay interest at a rate of LIBOR
                                                                                      + 3.5 percent per annum for each
                   3. Under HGAs, an employer may pay                                 day of delay of the tax payment.
                      the Azerbaijan PIT of its foreign
                      employee tax residents in AZN
                      or USD.

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Taxable Income

Question         Answer
What aspects     1. Employment income, including:        2. Under PSAs, almost all income
of my               – Salary                                of foreign employees earned
remuneration        – Bonuses                               in Azerbaijan is taxable, including
are taxable?        – Other in-kind benefits.               wages, salaries, bonuses, personal
                                                            travel costs, education expenses
                        Income from investments,            for family members, etc.
                        including:
                    –   Dividends                        3. Similarly, in accordance with
                    –   Interest                            HGAs, almost all income of foreign
                    –   Rent                                employees earned in Azerbaijan
                    –   Royalties                           is taxable, including wages, salaries,
                    –   Capital gains Miscellaneous:        bonuses, personal travel costs,
                    –   Inheritance                         education expenses for family
                    –   Gifts                               members, etc.
                    –   Winnings from sports gambling

                      Income from entrepreneurial
                      activity, including income from:
                    – Supply of goods
                    – Provision of services
                    – Performance of work.

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Question          Answer                                         Deductions include all expenses
What income       1. There are several types of income           incurred within income – generating
can I exclude        that are exempt from tax                    activities, with specific exceptions
or deduct from       in Azerbaijan. These include:               provided for by the law
taxable income?      – Gifts, financial aid and inheritance
                       received from family members           2. According to PSAs, income such
                     – Alimony                                   as housing allowance, meals,
                     – Sale of immovable property                transportation expenses are not
                       where a taxpayer has registered           taxable provided that they are
                       and resided during at least               well supported (e.g. by a rental
                       five years                                agreement, checks, invoices, etc.).
                     – Compensation fees for damages
                     – Certain business-related expenses      3. Similarly, according to HGAs,
                     – Dividend income of individuals            in determining Azerbaijan taxable
                       who are the founders                      income, foreign employees are
                       (shareholders) of a resident entity       entitled to apply the exemptions
                       is exempt from income tax if a            provided by the Tax Code as
                       resident entity is not registered         detailed in the answer above.
                       for VAT purposes, and the taxable
                       turnover of such entity is up to
                       200,000 manats within any month
                       (months) in a 12-month period
                       and the entity keeps records
                       of its income and expense in
                       accordance with the respective
                       legislation.
                     – Annual interest income paid
                       to individuals by a local bank
                       or a branch of a foreign bank
                       in Azerbaijan for seven years
                       beginning from 1 February 2016.

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Social Insurance
Contributions

Question              Answer                                         Individual entrepreneurs carrying
Do I pay SIC          1. Yes. SIC are charged at a                   out operations in trade and
in Azerbaijan            rate of three percent of your               construction are obligated to pay 50
while I am               Azerbaijani-sourced income. In              percent of the minimum monthly
on an assignment         addition, employers are required            salary set in Azerbaijan, i.e. AZN 125;
or engaged               to pay SIC at a rate of 22 percent          in other fields they are obligated
in entrepreneurial       of the gross income of employees.           to pay 25 percent of the minimum
activity? How are        Your employer is responsible                monthly salary, i.e. AZN 62.5. Please,
SIC paid?                for remitting three percent and             note that minimum monthly salary
                         22 percent SIC on the day of                is AZN 250 as of 1 September 2019.
                         salary payment than the 15th day
                         of the month following the calendar      2. Foreign employees of contractors
                         month to which the SIC is related.          and foreign subcontractors
                                                                     operating under PSAs
                           The income of insured persons             are exempt from SIC.
                           working in private and non-oil and
                           gas sectors is subject to SIC at the   3. Foreign employees of contractors
                           following rates for a seven-year          and foreign subcontractors
                           period starting from 1 January 2019.      operating under HGAs
                                                                     are exempt from SIC.

Monthly              Total   Social insurance contribution
Taxable Income               rates

                             Deduction        Paid at
                             from income      the expense
                             of insured       of the insurer

Up to AZN 200        25%     3%               22%

                             AZN 6 + 10%      AZN 44 + 15%
                             of the amount    of the amount
Over AZN 200         25%
                             exceeding AZN    exceeding AZN
                             200              200

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Question            Answer                                    Question           Answer
Does my             1. Yes. SIC applies at a rate of 22       Do I need          1. If your only income is from
employer pay           percent of the gross income. If an     to file a report      employment, your employer
SIC? If yes, what      employee is employed in a private      to the SSPF           is responsible for filing a report
is the applicable      and non-oil and gas sectors, the SIC   in Azerbaijan?        to the State Tax Service under the
SIC rate?              rate will be 15 percent of the gross   If yes, when do       Ministry of Economy  in respect
                       income paid at the expense of the      I have to file        of its foreign employees by the 20th
                       employer.                              the report?           day of the month following the end
                                                                                    of the calendar quarter.
                    2. No.
                                                                                    If you are an entrepreneur, it will
                    3. No.                                                          be your responsibility to file
                                                                                    a report to the Ministry of Taxes
                                                                                    by the 20th  day of the month
                                                                                    following the end  of the calendar
                                                                                    quarter.

                                                                                 2. No.

                                                                                 3. No.

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Unemployment
Insurance

                                                                               2. Foreign employees of contractors
Question           Answer
                                                                                  and foreign subcontractors
Is unemployment    1. Employees as insured parties,
                                                                                  operating under PSAs are
insurance a           employers as insurers and the SSPF
                                                                                  exempt from any contributions
mandatory social      as an intermediary government
                                                                                  of the Azerbaijani state social
contribution?         entity managing the process
                                                                                  insurance and other payments
How are               of the unemployment insurance
                                                                                  of a similar nature.
unemployment          are subjects of the Law “On
insurance             unemployment insurance” dated
                                                                               3. Foreign employees of contractors
contributions         30 June 2017 which is effective
                                                                                  and foreign subcontractors
paid?                 starting from 1 January, 2018.
                                                                                  operating under HGAs are exempt
                                                                                  from any contributions of Azerbaijan
                      Unemployment insurance
                                                                                  state social insurance and other
                      contributions are mandatory and
                                                                                  payments of a similar nature.
                      charged at a rate of 0.5 percent
                      of your Azerbaijani-sourced
                      income. In addition, employers are
                      required to pay unemployment
                      insurance contributions at a rate
                      of 0.5 percent of the gross income   Question            Answer
                      of employees. Your employer          How is the          1. Your employer is responsible
                      is responsible for remitting 0.5     reporting of the       for filing a report to the State
                      percent as your portion and          unemployment           Tax Service under the Ministry
                      0.5 percent as its portion on the    insurance carried      of Economy with regard to the
                      day of salary payment but no later   out?                   unemployment insurance paid
                      than the 15th day of the month                              during a calendar quarter in respect
                      following the calendar month to                             of its foreign employees by the 20th
                      which the unemployment insurance                            day of the month following the end
                      contribution is related.                                    of the calendar quarter.

                                                                               2. No.

                                                                               3. No.

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Tax guide 2020                                                                                                  Tax guide 2020

Compulsory Medical
Insurance

Question              Answer
                                                                                   However, it is worth mentioning, that for
Is CMIC a             1. Yes. Recent changes to the Law
                                                                                   employees engaged in private and non-
mandatory social         “On Medical Insurance” introduced
                                                                                   oil and gas sectors the Law “On Medical
contribution?            compulsory medical insurance
                                                                                   Insurance” provides 50% discount for
How are  CMIC            which will be effective from 1 April
                                                                                   the portion of salary up to AZN 8,000
paid?                    2020. As a part of the state social
                                                                                   until 1 January 2021. Thus, CMIC rates
                         insurance program, compulsory
                                                                                   effective for the period April-December
                         medical insurance will ensure
                                                                                   2020 are presented in the table below:
                         provision of medical services to the
                                                                                   Your employer is required to pay CMIC
                         insured persons in accordance with
                         service package.
                         The employees and employers are        Monthly           Total   Compulsory Medical
                         obliged to make the following CMIC     Taxable Income            Insurance Contribution rates
                         payments:
                                                                                          Deduction        Paid at
                                                                                          from income      the expense
                                                                                          of insured       of the insurer

                                                                Up to AZN 8,000    2%     1%               1%
Monthly              Total   Compulsory Medical
Taxable Income               Insurance Contribution rates                                 AZN 160 + 0,5%   AZN 160 + 0,5%
                                                                                          of the amount    of the amount
                             Deduction        Paid at           Over AZN 8,000     1%
                                                                                          exceeding AZN    exceeding AZN
                             from income      the expense
                                                                                          8,000            8,000
                             of insured       of the insurer

Up to AZN 8,000       4%     2%               2%
                                                                                   at the same time with salary payment
                             AZN 160 + 0,5%   AZN 160 + 0,5%
                                                                                   but not later than the 15th day of the
                             of the amount    of the amount
Over AZN 8,000        1%                                                           month following the month to  which
                             exceeding AZN    exceeding AZN
                                                                                   the CMIC is related.
                             8,000            8,000

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Tax guide 2020                                                                                           Tax guide 2020

                 Answer                                  Question              Answer
                 2. Foreign employees of contractors     How is the            1. Your employer is responsible  for
                     and foreign subcontractors          reporting of the         filing a report to the State Tax
                     operating under PSAs are  exempt    unemployment             Service under the Ministry of
                     from CMIC.                          insurance carried        Economy with regard to the  CMIC
                 3. Foreign employees of contractors     out?                     paid  during a calendar quarter in
                     and foreign subcontractors                                   respect  of its foreign employees by
                     operating under HGAs are exempt                              the 20th  day of the month following
                     from CMIC.                                                   the end  of the calendar quarter.

                                                                               2. No.

                                                                               3. No.

44                                                                                                                  45
Tax guide 2020                                                                                            Tax guide 2020

Double Tax Treaties

Question            Answer                                  Question           Answer
Is it possible      1. You should find out if your home     How can I claim    1. In order to claim the exemption,
for an expatriate      country has concluded a DTT          a DTT exemption?      you need to file a tax return
to be exempt           with Azerbaijan. Some DTTs contain                         and an application for the
from Azerbaijani       provisions providing exemption                             exemption. You should also
income taxes?          from Azerbaijani tax for certain                           be prepared to provide the
                       types of income.                                           Azerbaijani tax authorities with
                                                                                  an official confirmation from
                    2. The same should be considered                              the tax authorities of your
                       if you fall under the PSA                                  country of residence. In addition,
                       taxation regime.                                           the Azerbaijani tax authorities
                                                                                  may request confirmation of the
                    3. The same should be considered                              taxes paid in your home country.
                       if you fall under the HGA                                  Both documents must be issued
                       taxation regime.                                           by the tax authorities of the country
                                                                                  of tax residency. Obtaining DTT
                                                                                  relief in Azerbaijan has historically
                                                                                  been a complicated and time-
                                                                                  consuming process.

                                                                               2. The same procedures apply if you
                                                                                  fall under the PSA taxation regime.

                                                                               3. The same procedures apply if you
                                                                                  fall under the HGA taxation regime.

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Tax guide 2020

Contacts                                Notes

Please do not hesitate to contact us:

Nuran Kerimov
Partner
Tax&Legal Department
nkerimov@deloitte.az

Our Baku Office Address:
Deloitte and Touche LLAC
Baku White City Office Building
25E Nobel Ave.,
Baku, AZ1025, Azerbaijan
 Tel:  +994 (12) 404 12 10
Fax: +994 (12) 404 12 11
www.deloitte.az

48
Tax guide 2020   Tax guide 2020

Notes

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