REPUBLIC OF LITHUANIA LAW ON EXCISE TAXES Article 1. Objective of this Law This Law shall regulate the imposition of exc

REPUBLIC OF LITHUANIA LAW ON EXCISE TAXES Article

1. Objective of this Law This Law shall regulate the imposition of excise tax on certain goods. Article
2. The Taxpayers Excise taxes shall be paid into the budget by legal and natural persons as well as enterprises without the rights of legal person which are the manufacturers and importers of goods specified in Article
3. Article
4. The Object of Excise Tax The following goods shall be subject to the excise tax : 1) ethyl alcohol, undenatured, and alcoholic beverages, including beer; 2) smoking tobacco and tobacco products; 3) coffee, chocolate and food preparations containing cocoa; 4) jewelry, gold and silverware, excluding artificial jewelry and coins; 5) engine petroleum, excluding aviation petroleum, Diesel fuel; 6) luxurious cars; 7) electricity; 8) publications of erotic and violent nature. Article 4.Taxable Value The taxable value shall be: 1) of goods made in the Republic of Lithuania - the selling price of goods exclusive of VAT; 2) of import goods - customs value of goods including customs duty; Article 5.Taxable Turnover Excise taxes shall be calculated on goods referred to in Article 3 hereof, which are : 1) delivered from the warehouse of finished goods to another legal or natural person or an enterprise without the rights of a legal person, to whom the right of disposal is assigned pursuant to the issued transfer documents. Such documents must contain mandatory requisites provided for in Article 10 of the Republic of Lithuania Law on the Principles of Accounting; 2) imported when they are delivered for customs procedure. Excise tax is an element of the price of goods and thus it is not stated in the invoices and payment documents. Article
5. Excise Tax Reliefs Excise tax shall not be imposed on: 1) import goods which are exempt from customs duty in accordance with the procedure set forth in Article 5 of the Republic of Lithuania Law on Customs Tariffs; 2) unbolted alcoholic beverages and their raw material provided that they are imported by state-owned enterprises which have the licence to produce alcoholic beverages, 3) exported goods. Excise tax shall not be imposed on ethyl alcohol provided it is sold to : 1) the enterprises of the Republic of Lithuania for the production of vodka, liqueur, trauktine (kind of brandy), mead and vinegar; 2) pharmaceutical enterprises and medical institutions for medical and pharmaceutical purposes; enterprises producing veterinary medicines and to veterinary supply enterprises for veterinary purposes. Article
6. Tax Period The tax period of excise tax ( excluding excise taxes on import goods) shall be a calendar month, at the end of which the taxpayers must, before the 15th day of the next month, file an account of excise taxes to the local State Tax Inspectorate. Article
7. Payment Procedure For local-made goods excise taxes must be paid into the budget before the 30th day of the following month. The taxpayers whose average monthly sum of excise taxes in the preceding month exceeded 50 000 Lt shall pay excise taxes: by the 30th day of the month - for the first decade of the month; by the 10th day of the next month - for the second decade of the month; by the 20th day of the month - for the remaining part of the month. For import goods the excise tax shall be paid into the budget in accordance with the procedure established for the payment of customs duties. The unpaid excise tax shall be recovered by the State Tax Inspectorates without suit and the overpaid sum shall be refunded for the current year and the five preceding years. Article
8. Sanctions for the Violation of this Law If in the excise tax account an amount of tax is less than the correct sum of excise tax, a deficiency and the penalty equal to such deficiency shall be recovered. If the taxpayer failed to file excise tax accounts, the concealed sum of excise tax and a penalty equal to 200% of such sum shall be recovered. Upon failure to pay excise taxes when due, the unpaid tax shall bear an interest at the rate of 0.3% for each overdue day. Article
9. Final Provisions This Law shall come into effect on 1 May
10. The Government of the Republic of Lithuania shall establish: 1) the procedure for the calculation and payment of excise taxes; 2) list of taxable goods according to the established description and coding system of goods, and the excise rates; 3) the procedure for the attribution of cars to the category of luxurious cars. The Government of the Republic of Lithuania, on the basis of Article 3 hereof shall, by 1 January 1997, establish the list of goods subject to excise taxes and rates thereof. List of goods subject to excise taxes beginning from 1997 and rates thereof shall be approved by the Seimas of the Republic of Lithuania. I promulgate this Law passed by the Seimas of the Republic of Lithuania ALGIRDAS BRAZAUSKAS President of the Republic Vilnius 12 April 1994 No.I-429 ____________