MILS NEWS 04/03/96

From: "M.I.L.S." <mils@MILS.SPIC.ORG.MK>

Macedonian Information Liaison Service Directory

CONTENTS

MILS NEWS

Skopje, 4 March 1996

[01] STATE AND LEGAL CONTINUITY DOES NOT INCLUDE SUCCESSION

The daily 'Vecer', reports that Macedonia will be recognized with its constitutional name and with the state continuity from 1944. Macedonia will, on the other hand, respect the state and legal continuity of Serbia and Montenegro from 1919, when the Kingdom of Serbs, Croats and Slovenians was founded. The information says that the continuity does not include the issue of succession.

[02] INTENSIFYING THE ECONOMIC RELATIONS BETWEEN MACEDONIA AND GREECE

President of the Macedonian Chamber of Commerce Dushan Petreski said the entrepreneurs should distance from the confrontations and make efforts to intensify the relations by trade exchange and mutual investments. His opinion is that the turnover of $ 150 million from goods exchange and of $ 300 million from shopping tourism, from several years ago, can be re-established by a more intensive circulation of goods and capital.

The discussions of the entrepreneurs of both countries were estimated as very useful. Certain official decisions and agreements that might be signed in the field of customs and tax regulations, as well as in the protection of investments, were pointed out as some of the things which would contribute to the mutual economy cooperation.

[03] CONNECTING OF ELECTRIC RAILWAYS

This Agreement confirms the concord of the two Railways on the regular electrification, and regulates all the technical details and the obligations. The problem of the electric connecting of the so-called 'neutral section' is also set by the document by moving the trains without the electric power. Such a system is used in other parts of the world.

[04] FIRST ENGAGEMENT OF MACEDONIA IN 'PARTNERSHIP FOR PEACE'

The maneuver was attended by the Chief of Staff of Macedonian Army Trajche Krstevski, and by the US Military Attach, to Macedonia, Philip Rushionelli.

'The forthcoming joint maneuvers, in fact mark, the first engagement of the Macedonian Army in the 'Partnership for Peace' Program,' said General Trajche Krstevski. He informed that Macedonian Army will participate in two maneuvers of NATO this year, one in Albania on 20 July and another in Macedonia in October. Units of Albania, Italy, Greece, Bulgaria, Turkey and USA will participate in both of them.

Krstevski said the Macedonian Army will soon be supplied with artillery weapons and other arms of domestic production. Also, restructuring of the Army in accordance with the criteria of NATO will be made. The rank Brigadier- General and a contemporary equipped connection unit will be introduced, while an unit for peace missions will be trained in Great Britain and in Finland. The Chief of Staff of the Macedonian Army also informed that Macedonia has already obtained two training airplanes from Czech Republic. The supply of other weapons will depend on the UN Security Council, which has already three times refused the requests of Macedonia and Slovenia for abolishing the arms embargo.

[05] DENIALS FROM THE US EMBASSY

[06] DIPLOMATIC BRIEFS

Foreign representatives congratulated Minister Frckovski on his new post and discussed the issues of mutual cooperation and the situation in the region.

[07] GLIGOROV - 'MACEDONIAN MODEL OF PEACE AND SECURITY'

'Starting from five years ago, when Macedonia proclaimed its independence, the country tried to set its internal and foreign policy and position on the bases of peace, understanding and cooperation. That created the Macedonian model of peace and security in the Balkans, a model of understanding and cooperation between the countries and the nations. It is based on the determination to act peacefully after former SFRY had dissolved, with using political means, and to act against war and forceful changing of the borders.

The fact that Macedonia proclaimed its independence within its current internationally established borders is of greatest importance. The country not only refused the policy of territorial pretensions and attempts for forceful changing of the borders, but has always pointed out them as a main reason for wars in the ethnic mixed Balkans during this century. Taking into account the typical Balkan surroundings, the new Constitution of Republic of Macedonia reads that the country has no territorial pretensions against its neighbours, which is unusual. Also, Macedonia has no border disputes with its neighbours,' stressed Gligorov.

[08] TUPURKOVSKI - 'MACEDONIA IS A STEP CLOSER TO THE POLITICAL CRISIS'

He pointed out the 'slow democratic processes in Macedonia' as the crucial reason for his distancing from the current Government. Tupurkovski said the breakdown of the Governmental Coalition was a step closer to the political crisis in Macedonia, and the negative effects will appear very soon. Regarding the speculations that he is the only serious candidate for a future President of the country, Tupurkovski said: 'It is too early and unnecessary to talk about the next presidential elections in Macedonia and I have not made any decision about that.'

[09] ALBANIAN PARTIES REQUIRE RELEASING OF 'PROFESSORS'

The request reads that 'the charges are against affirmation of the democratic, civilized and human progresses, and it is in the interest of Macedonia to drop it' The request was submitted in accordance with Article 3 of the Amnesty Law, and aims that it will be approved by President Gligorov.

This initiative was strongly opposed by the Macedonian Democratic Party saying that this is against the independence of judiciary.

[10] MACEDONIAN - RUSSIAN FRIENDSHIP CLUB IN GOSTIVAR

President of the Macedonian Society for Macedonian - Russian Friendship and Cooperation Blaze Ristovski talked about the importance of the newly formed Club, and stressed that the friendship and the cooperation between the two nations last for centuries.

MILS SUPPLEMENT:

[11] FOREIGN INVESTMENTS AND THE TAX SYSTEM IN THE REPUBLIC OF MACEDONIA

(Part II)

If the profit taxpayer has paid less advance payment then the amount determined by the periodical or the semi-annual, i.e. the annual calculation, he/it is obliged to pay the difference between the advance payment and the actual amount of the calculated profit tax within 15 days from the day when the term for submission of the periodical or semi- annual, i.e. annual calculation expires.

If the profit taxpayer has paid in advance a bigger amount of profit tax than the amount he/it was obliged to pay by the periodical or semi-annual, i.e. annual calculation, he/she may require from the Public Revenue Office refunding of the overpaid amount.

The overpaid profit tax will be refunded to the taxpayer by the Public Revenue Office in 15 days, starting from the day of submission of the request for refunding.

If the profit taxpayer does not require refunding of the overpaid profit tax, the overpaid amount will be considered an advance payment for the next period.

What Needs to Be Paid Attention to in Case of Refunding of the Overpaid Profit Tax?

In terms of implementation of the decision from Article 41, Paragraph 2 of the Law on profit tax ('Official Gazette of the RM' no. 80/93) which refers to refunding of the overpaid profit tax, attention should be paid on the following:

With Article 7, Paragraph 2, Points 6 and 7 of the by-law, the decision from Article 33 of the Law for the deduction of the tax base for the capital invested by the foreign person in the total constant capital of the taxpayer is stated precisely, and the deduction is presented under the number 18 in the 'DB' form.

Under this number, the legal or the physical person performing a registered activity, that is not a resident of the Republic of Macedonia, shows the amount of the profit that belongs to him on the basis of investment in the first three years.

The corresponding amount of the profit that belongs to the taxpayer - non-resident of the Republic of Macedonia, shows the amount that is to be deducted from the tax liability for the corresponding amount of the profit that belongs to him on the basis of investment in the first three years.

The corresponding amount of the profit that belongs to the taxpayer - non-resident of the Republic of Macedonia for the first three years is determined as a profit share for all the investments (new investments) starting from January 1, 1994. This amount is determined by the percentage of foreign investment share in 1994 in the total investment, multiplied by the amount of the calculated tax under number 17 from the 'DB' form, and the calculated amount is entered under this number.

Therefore, in order to apply the tax deduction from Article 33 of the Law on the basis of the foundation capital of a foreign person as investments, it is important to distinguish the time of the investments of the foreign person, i.e. the funds are to be invested from January 1994 on, i.e. from the time from which the first three years are being counted.

If the foreign person does not have new investments from January 1, 1994, he/it is not entitled for tax deduction according to Article 33 of the Law.

However, if under the number 18-a an amount for tax deduction is shown, the taxpayer needs to prove whether the funds are invested from January 1, 1993, i.e. whether he/it has entitled this right on the basis of Article 14, Paragraph 2 of the Law on Profit Tax ('Official Gazette of RM', ,o. 5/93), by which, for the first time in our tax system, a provision for exempting a foreign person from the profit tax liability up to the corresponding amount of the profit that belongs to him/it on the basis of funds invested in the period of the first three years is suscribed, which deduction was conditioned by the funds invested (new investments) starting from January 1, 1993. Therefore, the funds were to be invested in 1993, and the first three years are being counted from the day when the funds are invested.

This tax deduction does not apply to the funds invested before January 1, 1993, and according to this, an amount for the tax base deduction can not be shown under the number 18 in the form 'DB' as an entitlement acquired during 1993.

(end)

mils news 4 March, 1996