Tag Archives: Tax

New Law on Social Insurance Comes Into Effect January

The General Law on Social Insurance (“GSI law”) was approved by the Mongolian Parliament on July 7, 2023, and it will take the place of the Law on Social Insurance (1994) as of January 1, 2024. The law intends to enhance the administration and structure of the social insurance and pension systems , and control late payments and report resubmissions, among other things.

In this blog we will share an overview of key changes of the GSI Law and certain amendments to recognize for businesses and employers.

Under the new Law, the following amendments were made to expand the coverage of social insurance, to move from the distribution system to a semiconducting system, to reduce future losses in the insurance fund, and to initiate actual collection of pension insurance funds.

– From 2030, the insurer will be able to spend monetary asset from initial account on education, health care and mortgage repayments;

– A certain amount of the monetary assets from the initial account will be inherited by the insurer’s legal heirs;

– The government will pay for the insurance contribution of parents who has a child under medical supervision and permanent care;

– The maximum monthly income for voluntary social insurance is equivalent to an increase of 7 times that of the minimum wage rate.

Additionally, it should be noted that the following changes were made in relation to rights and obligations of the employers and businesses.

– the social insurance contribution to pay from an employer is slightly changed. The rate of manufacturing accidents and occupational-related disease insurance was reduced to 0.5-2.5 insurance and the rate of unemployment insurance increased as 0.5;

– An employer shall have the obligation to compensate and employee for social insurance contribution if it is found that an employer has not paid the income of social insurance for a period, has hidden, reduced rates, underpaid, and wrongly dismissed by employee.

– employees who are working for another employer under employment contract in addition to their full-time principal employer or under the contract shall be insured compulsorily for only pension insurance;

– foreign entities earning a source of income from Mongolia are obliged to pay and report social insurance contribution.

Value-Added Tax in Mongolia

Our Mongolian lawyers have recently been assisting a company to register as a withholding Value-Added Tax payer in Mongolia. This post contains the questions that have arisen during that process, along with my answer.

A VAT withholding taxpayer may be an individual, legal entity or representative of foreign legal entity whose sale amount of goods, work or services in Mongolia has reached 50 million MNT or more. They obliged to withhold value added tax and pay to the government under the Mongolian VAT law. Whereas, the VAT payer is the last user, ultimately accountable for the VAT cost. If an individual or entity determined as a withholding tax payer, registration must be submitted to the relevant tax office within 10 working days of exceeding the amount of sale, and the tax authority will issue a VAT certificate to the individual or entity confirming its registration within 3 working days.

VAT is imposed at the rate of 10% on the supply of taxable goods and services within the territory of Mongolia as well as on imports into Mongolia. Followings will be subject to Zero rated VAT:

  • exports of all types of goods, work, and services,
  • international transport service,
  • service related to international air travel,
  • service provided to foreign citizens not residing in Mongolia
  • exported final mining products  

The imposition timing period shall be the day when the seller receives payment for selling goods, work or services, the day when the invoice is issued by the seller or the day when the goods, work, services are purchased by the buyer. The invoice amount issued by withholding tax payer is the taxable amount of VAT for goods, work and services.

Since the VAT law revised in 2016, an integrated electronic database system has been used to share VAT data centrally. All withholding tax payers who are registered in the system will be assigned with user account that is used to upload the information.

Amendments to the Personal Income Tax Law

Our Mongolian lawyers and accountants regularly assist foreign individuals and companies in Mongolia with advise regarding Mongolian income tax issues. There are important changes to the Personal Income Tax law in 2023 that foreign companies and individuals should be aware of.

On 11 November 2022, the parliament adopted the Law on amendments to the Personal Income Tax which came into effect on 1 January 2023. The legalized change imposes progressive rates on individual’s salaries and other similar income tax. In other word, it is a tax system that increases rates when the taxable income goes up. Previously, the flat rate of 10% of Personal Income Tax on salary, wage, bonus, incentive and similar income was set for resident taxpayer. Now, tax in salaries and other similar income will be imposed as follows:

  1. 10% for taxable income between 0-120,000,000 MNT;
  2. 12,000,000 MNT and the income exceeding 120,000,000 will be subject to an additional tax of 15% for taxable income between 120,000,001-180,000,000 MNT;
  3. 21,000,000 MNT and the income exceeding 180,000,000 MNT will be subject to an additional tax of 20% for taxable income above 180,000,000 MNT

For instance, an individual who earns 144 million tugrug annually would be taxed at the rate of 10% in 120 million tugrug of taxable income. The remaining 24 million tugrug will be taxed at the rate of 15%.

Tax Reform for Mongolia

As you all aware that the Parliament of Mongolia ratified the amendments to laws on taxation and related legislation during the irregular session held on 22 March 2019 in order to the submission of Government’s tax reform packages.

The new tax laws require the Cabinet, Ministry of Finance and Mongolian Tax Authority to release a number of implementing guidelines. As these regulations largely play an important role to set the tone of the taxing rules, we encourage you to monitor these developments in a timely manner.

The newly adopted tax laws, including the General Tax Law, the Corporate Income Tax, Value Added Tax and Personal Income Tax Laws and tax implementation guidelines and regulations came into force on 1 January 2020.

A number of important changes that may have a material impact on taxpayers, requires taking appropriate actions to comply with the new requirements. There are following main revisions introduced to the tax reform: new amendments include increased supervision on suspicious tax activities, tax deductions for environmentally friendly product purchases and rehabilitation expenses by companies.

Furthermore, the higher tax refunds—up to 6 million MNT-for new apartment owners if the deed is issued in 2020. Independent contractors such as artists will pay taxes from their net income, not from their income as before. Shareholders’ dividends will be taxed at 5 percent, and individuals and organizations who make less than 50 million MNT in sales income, will be taxed 1 percent of their total sales income, and small traders will be charged 1 to 50 percent of the minimum wage, depending on their sales volume.

Basics of Mongolian VAT

Introduction of VAT

The Value-Added Tax Law came into effect on 1 January 2016. 

The VAT Law increased the threshold for requirement to register as a VAT payer from 10 million MNT to 50 million MNT in an effort to support small and medium sized enterprises. Voluntary registration as a VAT payer is possible if the income of the entity reaches 10 million MNT.

The Law also introduced a system of incentivizing taxpayers with the possibility of recovering up to 20 per cent of the taxes paid if certain conditions are met. Its further attempts to improve the system and procedure for collating, processing and reporting data relating to the payment of VAT by creating a consolidated registration system.

Who is the taxpayer?

Taxpayer will be individual and legal entity.

In connection with individual, a person who purchases goods, works or services in any form or otherwise purchases, for the purpose of own use regarded as a taxpayer.

With regard to legal entity, legal entity sold, imported, exported goods, works, services and whose operational sales income value reached to 50 or more million tugrugs and obligated to impose and withhold taxes and pay to budget shall be a withholder.

For individuals who work permanently or temporarily under the labor contract is not subject of VAT levy.

What kind of goods and services will be subject of VAT?

  • Imported, exported and sold all goods, works and services;
  •  sale of rights;
  •  closing of any debts through barter such as goods, work and service
  • Sold, performed or rendered goods, works, services by foreigner to Mongolian
  • electricity, heat, gas, water supply, sewerage, post, communication and other services;
  • leasing of goods or granting rights to possess or use in other manner;
  •  renting of accommodation in a hotel or similar establishment or granting of rights to possess or use in other manner;
  • renting of immoveable or moveable properties, or granting of rights to possess or use in other forms;
  • transfer, lease and sale of intellectual property;
  • lottery, quiz and gambling;
  •  mediation trade representation, commission service;
  •  interests, fine or forfeiture;
  •  asset evaluation service;
  • budget financing, subsidy or promotion by government;
  • funding through acquiring right to demand (factoring, forfaiting and transactions similar to them);
  • legal service
  • all types of services including hairdresser, beauty salon, repair, washing and dry cleaning.

VAT Rate

The current VAT rate is 10 per cent, however, there have been some changes in the types of goods, work and services that are exempted from value-added tax and those that are subject to zero (“0”) per cent VAT.

10 percentages value added taxes will be imposed on the all types of goods, works and services sold within Mongolia and imported from abroad to Mongolia. No valued added tax will be imposed on export goods. 0-10 percent rate of tax will be imposed on the amount of imported, manufactured and sold petrolium and dissiel, however, Government of Mongolia will determine the rate of tax within the frame.  

Zero Tax Rate

Zero tax will be imposed on the goods exported and declared with the customs office; passenger and cargo services rendered from Mongolia to foreign countries, from foreign countries to Mongolia, as well as transiting through Mongolia according to the international treaties of Mongolia; any services rendered outside of Mongolia and rendering services to non residents  /”including non-taxable services”/;  any services of air navigation management, technical and fuel, catering, cleaning services provided for both foreign and domestic airplanes conducting international flight, state medals, currencies or coins manufactured domestically by order of Government or Bank of Mongolia; final mining products.

Basics of Tax Reporting in Mongolia

Pursuant to Article 43 of the General Taxation Law taxpayers are obliged to independently determine their taxable income and tax deductions payable in accordance with the law based on relevant documents, reflect them in their tax reports and pay either in cash and non-cash forms.

Timeframe for submission of tax reports and payment of taxes are determined by the laws of the particular tax type, and deadline for submission of tax reports and payment of taxes are usually the same. Lets have a look at timeframes for submission of tax reports and payment of taxes commonly paid by legal entities (companies) and individuals.

Corporate income tax

A taxpayer must pay the taxes due in advance by the 25th of each month, and submit the quarterly tax reports by the 20th of the first month of the following quarter and annual tax report by February 10th of the following year to corresponding tax authority and finalize tax year-end calculations.

Personal income tax

A tax withholder must pay the taxes deducted (withheld) from the taxpayer’s income to the relevant budget by the 10th of the following month and submit the quarterly reports of the withholding taxes by the 20th of the first month of the following quarter and annual report of the withholding taxes by February 15th of the following year with ascending sum to corresponding tax authority.

Value added tax

A tax withholder must pay the taxes imposed from sale of goods, rendering of works and services in accordance with the laws to consolidated account of state treasury by the 10th of the following month and submit the tax reports to corresponding tax authority in accordance with approved forms.

Capital city tax

A tax withholder must pay the taxes imposed from sale of goods and rendering of services by the 10th of the following month and submit the tax reports by the 20th of the first month of the following quarter to corresponding tax authority in accordance with approved forms.

Tax on automobiles and self moving vehicles

Individuals must pay annual tax on automobiles and self moving vehicles once a year to corresponding tax authority before June 1st of the same year. If an automobile or self moving vehicle has been imported after June 1st, taxes payable for the remainder of the year must be paid to corresponding tax authority within the same year.

In order to implement the law, on January 26th, 2015 by Resolution No. 28 of the Presidium of the Capital City Council of Citizens’ Representatives was approved “Regulation on re-implementation of vehicle registration and payment systems in the capital city”. Pursuant to this new regulation the timeframe for payment of taxes on automobiles and self moving vehicles in the capital city shall depend on the last digit number of the licence plate (state registration number) of the automobile or self moving vehicle. In other words, if your vehicle’s licence plate (state registration number) ends with 1 or 6 – the taxes must be paid before end of January, if it ends with 2 or 7 – before end of February, if it ends with 3 or 8 – before end of March, if it ends with 4 or 9 – before end of April, if it ends with 5 or 0 – before end of May.

Legal entities must pay annual tax on automobiles and self moving vehicles by the 25th of the last month of each quarter dividing annual tax into equal amounts and submit the tax report by February 15th of the following year to corresponding tax authority.

Land fee and tax on immovable property

Unless stated otherwise in the land possession or land use contracts, land fee payers must pay the land fee by the 25th of the first month of each quarter dividing the annual land fee into equal amounts; and may pay the next quarter installments in advance. The authority (or official) in charge of land fee matters (collection) must submit to the tax authority one copy of the land possession or land use contract of a citizen or legal entity and a copy of the land fee report produced at corresponding administrative level.

A taxpayer must calculate tax on immovable property based on the value of immovable property as of January 15th of each year. Legal entities that own immovable property must pay annual tax on immovable property by the 15th of the last month of each quarter dividing annual tax into equal amounts. Individuals (citizens of Mongolia, foreign citizens and stateless persons) that own immovable property must pay annual tax on immovable property once a year by February 15th of each year. A taxpayer must submit the tax reports of taxes on immovable property by February 10th of the following year to corresponding tax authority.

Pursuant to law if the deadline for submission of tax reports and payment of taxes coincides with weekends and/or public holidays, the tax reports shall be submitted, and taxes paid on the previous working day. Due to circumstances that this year’s Lunar New Year holidays fall on February 5, 6 and 7th, and that the Government of Mongolia has ruled to transfer the workday of February 8th to another day and make it a public holiday, tax authority has decided to extend the legal timeframe for submission of annual tax reports for 2018 for 5 business days, i.e. now taxpayers may submit their annual tax reports by February 15th.

Pursuant to Article 45 of the General Taxation Law taxpayers (tax withholders) are obliged to execute tax reports in accordance with instructions, forms and within timeframes specified by the law, and submit to corresponding tax authority. Taxpayers eligible for tax exemptions and returns in accordance with laws are not be relieved from duty to submit tax reports. Because the tax reports are the main documents to provide taxpayers with tax exemptions and returns.

Changes to Customs Tax and VAT Exemptions

During Parliament’s regular session on May 10, a final review of amendments to the Value-Added Tax Law and Customs Tax Exemptions Law were conducted and approved with a majority vote from Parliament members in attendance.

According to the amendments, all imported wood construction materials except oriented strand board (OSB), standardized pre-fabricated wood building structures, and logs will be exempt from customs duty. Other imported wood products, except those related to forestry and horticulture, will be exempt from value-added tax until 2022.

The Amendments to Value-Added Tax Law and Customs Tax Exemptions Law will be effective from January 1, 2018.

Mongolia’s Double Taxation Treaties

Many countries have entered into tax treaties (also called double tax agreements, or DTAs) with other countries to avoid or mitigate double taxationDouble taxation is the levying of tax by two or more jurisdictions on the same declared income, asset or financial transaction. Double liability is mitigated in a number of ways, for example:

  • the main taxing jurisdiction may exempt foreign-source income from tax,
  • the main taxing jurisdiction may exempt foreign-source income from tax if tax had been paid on it in another jurisdiction, or above some benchmark to not include tax haven jurisdictions,
  • the main taxing jurisdiction may tax the foreign-source income but give a credit for foreign jurisdiction taxes paid.

Another approach is for the jurisdictions affected to enter into a tax treaty which sets out rules to avoid double taxation. In the all over the world, over 3000 double taxation agreement (DTAs) are in effect.

Mongolia has entered into “The Agreement for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and on Capital” with other 25 jurisdictions as of 2017. Namely,

Country In force since
1 The People’s Republic of China Jan 01, 1993
2 The Republic of Korea Jan 01, 1993
3 The Federal Republic of Germany Jan 01, 1997
4 The Republic of India Jan 01, 1997
5 The Socialist Republic of Vietnam Jan 01, 1997
6 The Republic of Turkey Jan 01, 1997
7 The United Kingdom of Great Britain and Northern Ireland Jan 01, 1997
8 The Republic of Hungary Jan 01, 1997
9 Malaysia Jan 01, 1997
10 The Russian Federation Jan 01, 1998
11 The Republic of Indonesia Jan 01, 1998
12 The Republic of France Jan 01, 1999
13 Czech Republic Jan 01, 1999
14 The Kingdom of Belgium Jan 01, 1999
15 The Republic of Kazakhstan Jan 01, 2000
16 The Republic of Kyrgyz Jan 01, 2000
17 The Republic of Poland Jan 01, 2002
18 The Republic of Bulgaria Jan 01, 2002
19 The Swiss Confederation Jan 01, 2002
20 Ukraine Jan 01, 2003
21 Canada Jan 01, 2003
22 The Republic of Singapore Jan 01, 2005
23 The Democratic People’s Republic of Korea Jan 01, 2005
24 The Republic of Austria Jan 01, 2005
25 The Republic of Belarus May 28, 2001

Mongolia’s double tax treaties with United Arab Emirates and Kuwait were terminated from 1 January 2015 and 1 April 2015 respectively. Mongolia’s double tax treaties with Luxembourg and The Netherlands were terminated from 1 January 2014 due to failure to provide for the balance and equity rights of parties.

The Mongolian Government Going Online

Mongolia may have a reputation of a sparsely populated nomadic country, but the Mongolian government in increasingly adopting the technologies of the 21st century to reach and serve the people even in the furthest reaches of the steppe. Several major government agencies have implemented systems to provide services online with great success. Foreign investors are able to take advantage of these systems to make doing business in Mongolia more effective and efficient.

The tax authority is one example. In 2014 the tax authority implemented a new online tax filing and tax payment system. A digital signature issued by the tax office is required to access the online tax portal. An individual authorized by a company to sign financial statements and tax returns must apply for a digital signature in order to be able to access the online tax portal system. The online tax filing and tax payments have proven to be more cost and time saving. The social insurance office has taken inspiration from this system and is now also online.

Recently several government bodies, such as Ministry of Finance, Bank of Mongolia, General Tax Administration, National Transportation Department and others, have collaborated and launch a website www.smartcar.mn. Through this site vehicle owners, both individuals and organizations, can pay vehicle taxes, driver’s insurance payments, traffic tickets and receive other vehicle related services.

The General Authority for Intellectual Property and State Registration recently announced that they are in process of preparation and implementation of a “One citizen, one registration” project. According to officials, one of the main purposes of this project is to create a unified national registration database for ownership and property related information of natural personas and legal entities. This project aims to eliminate duplication and discrepancies in information over multiple platforms and create a unified national registration database. Such database is planned to accessible online both for internal access for government bodies as well as to general public with certain limitations. This project envisages the use of digital signatures by individuals to obtain online services from government bodies. Currently, digital signatures used only by legal entities for online tax filing and public tenders (bidding). While this project is in planning stages and has yet to be approved by the Government, we have high hopes for successful implementation. Officials claim that, if this project gets approved, this will decrease the amount of paperwork, will be cost and time saving both for general public and government bodies, government services will be easier, more accessible and closer to general public, and for foreign investors.

At such rate of increasing online government services, it looks like in coming years we should expect less bureaucracy and more accessibility from Mongolian government bodies, which should contribute to increasing economic activity in the developing nation.

Mongolia Deliberates Major Tax Revamp

Under the leadership and coordination of the Ministry of Finance, consultations on the Ministry’s proposed tax amendments started on March 5. The first session was held with business sector representatives regarding tax law reforms and amendments at the Mongolian National Chamber of Commerce and Industry.

Ministry of Finance is conducting a public discussion on revising 24 tax-related laws, including General Taxation Law of Mongolia, Laws on Corporate Tax, Personal Income Tax and Value Added Tax, in order to hear voices of taxpayers and collect best proposals from the relevant parties. The Government noted that no fundamental changes and revisions were made to tax laws in the last decade and the taxation law ‘package’ was created to improve tax environment and decrease some taxes. The taxpayers expect favorable environment from this tax reform.

According to the proposed tax law amendment, if the annual revenue of enterprises operating in Mongolia is lower than MNT 1.5 billion, the government will return 90 percent of paid taxes. Furthermore, small and medium sized enterprises which have MNT 50 million of annual revenue, will be able to pay only one percent tax from sale revenue. The proposed amendments would also reduce the number of reports required from SMEs. Companies with an annual income of over three billion MNT would be required to issue tax reports four times a year, and those with less than three billion MNT in annual income would be required to file reports twice per year. The amendments include major changes to the VAT law.

The proposed amendments expect to be discussed and voted on during the spring parliamentary session and, if approved, will come into force on  January 1, 2019.