On taxes and other obligatory payments to the budget (Tax Code)

Article 759. Corporate income tax under a subsoil use contract

Corporate income tax under a subsoil use contract is determined for a taxable period for contract activity on each individual subsoil use contract as the product of the rate established by paragraph 1 of Article 313 of this Code and taxable income calculated under such a subsoil use contract in the manner specified in Article 302 of this Code, reduced by the amounts of income and expenses provided for in Article 288 of this Code, and also the amount of losses under a subsoil use contract carried forward in accordance with Articles 299 and 300 of this Code.
Article 760. Estimated amount of tax on net income of a permanent establishment of a non-resident under a subsoil use contract

The estimated amount of a tax on net income of a permanent establishment of a non-resident under a subsoil use contract for the purposes of this Chapter is determined for a taxable period as the product of the rate of the tax on net income of a permanent establishment of a non-resident established by paragraph 3 of Article 313 of this Code and an item subject to the tax on net income of a permanent establishment of a non-resident, calculated under a subsoil use contract in the manner specified in Article 652 of this Code.
Article 761. The order for calculation

1. The excess profits tax for a taxable period is calculated by applying every appropriate rate for each level, established by Article 762 of this Code, to each part of an item subject to the excess profits tax, belonging to such a level, followed by summation of calculated amounts of the excess profits tax for all levels.

2. For the purposes of application of the provisions of paragraph 1 of this article, a subsoil user:

1) identifies items subject to and related to the excess profits tax under a subsoil use contract;

2) determines maximum amounts for distributing net income for the purposes of calculating the excess profits tax for each level, established by Article 762 of this Code, in the following order:

for levels 1, 2, 3, 4, 5 and 6 - as the product of the percentage for each level indicated in column 3 of the table given in Article 762 of this Code and the amount of deductions for the purposes of calculating the excess profits tax;

for level 7:

if the amount of net income for the purposes of calculating the excess profits tax exceeds 70 percent of the amount of deductions for the purposes of calculating the excess profits tax - as the difference between net income for the purposes of calculating the excess profits tax and the amount equal to 70 percent of the amount of deductions for the purposes of calculating the excess profits tax;

if the amount of net income for the purposes of calculating the excess profits tax is less than or equal to 70 percent of the amount of deductions for the purposes of calculating the excess profits tax - as zero;

3) distributes net income actually received in a taxable period for the purposes of calculating the excess profits tax for the levels provided for in Article 762 of this Code, in the following order:

for level 1:

if the net income amount for the purposes of calculating the excess profits tax for a taxable period exceeds the maximum amount of distribution of net income for the first level, the distributed part of the net income for the first level is equal to the maximum amount of distribution of net income for the first level;

if the amount of net income for the purposes of calculating the excess profits tax for a taxable period is less than the maximum amount of distribution of net income for the first level, the distributed part of net income for the first level is equal to the amount of net income for the purposes of calculating the excess profits tax for a taxable period. In this case, net income is not distributed for the purposes of calculating the excess profits tax for next levels;

for levels 2, 3, 4, 5, 6 and 7:

if the difference between net income for the purposes of calculating the excess profits tax for a taxable period and the total amount of distributed parts of net income for previous levels exceeds or is equal to the maximum amount of distribution of net income for an appropriate level, the distributed part of net income for this level is equal to the maximum amount of distribution of net income for this appropriate level;

if the difference between net income for the purposes of calculating the excess profits tax for a taxable period and the total amount of distributed parts of net income for previous levels is less than the maximum amount of distribution of net income for an appropriate level, the distributed part of net income for this level is equal to this difference.

In this case, net income is not distributed for the purposes of calculating the excess profits tax for next levels.

The total amount of net income divided by levels shall be equal to the total amount of net income for the purposes of calculating the excess profits tax for a taxable period;

4) applies an appropriate rate of the excess profits tax to each part of net income distributed by levels in accordance with Article 762 of this Code;

5) determines the amount of the excess profits tax for a taxable period by summing the calculated amounts of excess profits tax on all levels provided for in Article 762 of this Code.
Article 762. Excess profits tax rates, levels and percentages for calculating the maximum amount of distribution of net income for the purposes of calculating the excess profits tax

A subsoil user pays the excess profits tax by the sliding scale of rates, determined as follows:

Level №	The scale of distributing net income by levels for the purposes of calculating the excess profits tax, the percentage of the amount of deductions	The percentage for calculating the maximum amount of distribution of net income for the purposes of calculating the excess profits tax	Rate (%)
1	2	3	4
1.	less than or equal to 25 percent	25	No
2.	from 25 percent up to 30 percent incl.	5	10
3.	from 30 percent up to 40 percent incl.	10	20
4.	from 40 percent up to 50 percent incl.	10	30
5.	from 50 percent up to 60 percent incl.	10	40
6.	from 60 percent up to 70 percent incl.	10	50
7.	more than 70 percent	in accordance with subparagraph 2) of paragraph 2 of Article 761 of this Code	60