Important changes in tax legislation of Kazakhstan

28.02.2024

Source: SRC MoF RK (www.kgd.gov.kz/ru)
13.10.2023

Video consultations have been implemented in the SRC

From 16.10.2023, the State Revenue Committee (SRC) of the Ministry of Finance of the Republic of Kazakhstan ("MoF RK") launched a pilot project to provide advice to taxpayers by the Contact Centre of the SRC via video conferencing.

The aim of the project is to provide taxpayers with advisory services in a more convenient and quick to perceive format, using the special QR code (or "Video Call" link) on the SRC portal or in Salyqbot in Telegram.

The service provides an opportunity to send subscribers text messages and necessary links during video consultation.

Contact Centre’s working mode: Monday-Friday from 9:00 to 18:30.


Source: JSC UAPF (www.enpf.kz/kz/)
05.12.2023

Introduction of MEPC from 2024

The United Accumulative Pension Fund (UAPF) reminds that from 01.01.2024, the current funded scheme will be supplemented by a new notional funded component - mandatory employer pension contributions (MEPC).

MEPC will be transferred from the own funds of an agent, persons with other paid employment (elected, appointed or approved) and only for employees born after 01.01.1975. The amount of MEPC is calculated on the employee's monthly income determined for this purpose:

  • from 01.01.2024 – amount – 1.5%
  • from 01.01.2025 – amount – 2.5%
  • from 01.01.2026 – amount – 3.5%
  • from 01.01.2027 – amount – 4.5%
  • from 01.01.2028 – amount – 5%

At the same time, the monthly income of the employee, taken for the calculation of the MEPC, should not be less than 50 times the minimum wage.

It should be noted that the employer's expenses on the payment of MEPC in accordance with the Tax Code of the Republic of Kazakhstan are classified as deductions from taxable income. Accordingly, the burden on the employer remains at an acceptable level.


Source: IS Paragraph
24.11.2023

Rules for refund of excess VAT are amended

Amendments and additions have been made to the Rules for the refund of excess VAT (the "Rules"). They provide for improving amendments on the issues of refunding excess VAT based on the results of “Pyramid” analytical report.

In particular, the Rules have been supplemented with a new cl. 45-1, which states that:

"45-1. “Pyramid” report is generated for all suppliers of the service recipient, except for cases:

1.   of the excess of the amount of violations over the amount of VAT chargeable to a supplier who directly or through intermediaries (agents, commission agents or attorneys) supplied goods, performed work or rendered services to the audited service recipient".

The terms of “Pyramid” report formation were shortened to eliminate the identified violations, in the new edition of the Rules cl. 44 was approved. Now, for the purposes of generating “Pyramid” report, submitted VAT tax returns and (or) information from information systems for the tax period under audit are used, with the data being up to date as at the 20th day of the 3rd month of the quarter in which a claim for a refund of excess VAT is submitted.

Such information is collected (aggregated) no later than the 10th day of the month following the quarter in which a claim for a refund of excess VAT is submitted.

The territorial bodies of the SRC MoF RK form “Pyramid: report after the expiry of the period specified in p. 2 cl. 44 and no later:

1.   10 business days - for service recipients specified in p. 1 cl. 54 of the Rules and their direct suppliers;

2.   30 business days - for other service recipients and their suppliers.

In addition, the algorithm for determining the amount of VAT to be refunded where violations were detected in relation to “Pyramid” report has been clarified.

The calculation of the amount of excess VAT to be refunded as a result of an audit has been amended.

The new wording of the Notification form on the amount of excess VAT confirmed for refund under the simplified procedure has been approved.


Source: SRC MoF RK (www.kgd.gov.kz/ru)
26.10.2023

Universal declaration: what managers, founders of legal entities and individual entrepreneurs should know

From 01.01.2024, Stage III of universal declaring in the RK is introduced, within which the "Declaration of Assets and Liabilities" (Form 250.00) must be submitted by CEOs, founders (participants) of legal entities and individual entrepreneurs, as well as their spouses.

If you belong to the above categories of persons, but do not carry out (or have suspended) entrepreneurial activity, we recommend that you submit a tax application for its termination to the tax authorities.

To check whether you are an individual entrepreneur or the head of a legal entity that has suspended its activities, or are on the list of unreliable taxpayers, click the following links to the e-services of the Internet resource of the SRC MoF RK:

https://kgd.gov.kz/ru/services/taxpayer_search_unreliable/list
https://kgd.gov.kz/ru/services/taxpayer_search_unreliable
https://kgd.gov.kz/ru/services/taxpayer_search/entrepreneur

Form 250.00 shall be submitted to the tax authorities not later than 15 July - on paper, 15 September - electronically through the web-application "Cabinet of the taxpayer" (cabinet.salyk.kz) or mobile applications e-Salyq Azamat, eGov mobile, Halyk.

Please note that after submitting Form 250.00 in 2024, starting from 2025, these individuals must submit an annual income and asset declaration (Form 270.00).


Source: IS Paragraph
06.12.2023

Minimum wages, MCI and other estimate indicators for 2024: the law has been signed

The Law of RK dd. 05.12.2023 № 43-VIII approved the republican budget for 2024 - 2026, in accordance with which from 01.01.2024 the following amounts are established:

1.   minimum wages – KZT 85,000

2.   monthly calculation index – KZT 3,692

3.   minimum amount of the state basic pension payment – KZT 28,215

4.   minimum amount of pension – KZT 57,853

5.   minimum subsistence level for calculating the amount of basic social payments – KZT 43,407


Source: IS Paragraph
13.12.2023

Amendments to the Tax Code approved by the President of Kazakhstan

The President signed:

  • The Law of the RK dd. 12.12.2023 № 45-VIII "On introducing amendments and additions to the Code of RK «On taxes and other obligatory payments to the budget» (Tax Code) and the Law of the RK “On enactment of the Code of RK «On taxes and other obligatory payments to the budget» (Tax Code);
  • Law of the RK dd. 12.12.2023 No. 46-VIII "On introducing amendments and additions to some legislative acts of the RK on taxation".

What will change in the Tax Code from 01.01.2024.

1.   Article 51-2 defining the procedure and conditions for granting deferment of payment of state duty in courts has been supplemented.

2.   The obligation of a taxpayer to keep for 5 years from the date of printing or full filling of session reports, cash and goods receipts, as well as cancellation and return receipts and cash register receipts on which cancellation and return operations have been carried out has been eliminated, since all data is stored with the Fiscal Data Operator.

3.   Additionally, the following is defined:

  • money sent from the National Fund to children is not considered as income of a physical person;
  • decisions on the restriction of an electronic tax invoice extract may be sent both electronically and, in certain cases, by registered mail with notification or to the taxpayer against signature;
  • a taxpayer may submit a complaint to an authorised body electronically, and a decision on the outcome of the review may also be issued electronically.

4.   At the same time, a unified deadline has been set for the submission of tax returns under the universal declaration (Declaration of Assets and Liabilities (Form 250.00) and Declaration of Income and Property (Form 270.00)), which must be submitted no later than 15 September of the current year.

5.   The income and property declaration form will only include income on which taxes are paid by the taxpayer himself or herself, except for income taxed at source (wages, pensions and social payments). The remaining information will be filled in automatically from the information systems of state bodies.

6.   At the same time:

  • The requirement to notarise copies of documents confirming the location of a taxpayer during a tax examination has been excluded;
  • The procedure for defining the income of a person engaged in digital mining has been clarified: when calculating CIT on digital assets received, the procedure for defining and publishing the value of digital assets and the list of their types will be established by the authorised body without agreement with the AIFС (Astana International Financial Centre);
  • Cases in which the reduction of taxable income is not applied to income received by second-tier banks on state issue securities issued by the National Bank of the RK were specified;
  • The procedure for the payment of fees for the use of land plots transferred for temporary compensated land use (lease) and subsoil plots on the basis of a licence for the exploration or extraction of solid minerals has been clarified;
  • The procedure for calculating the fee for digital mining has been clarified: it is proposed to calculate the fee at the rate of KZT 1 per 1 kWh of electricity consumed when using electricity produced from renewable sources at own power plants in the RK or from generating plants not connected to the unified electric power system of the RK;
  • The taxation procedure for persons (entities) operating in SEZ territories has been changed in order to bring it in line with the new approaches to the formation of the list of priority activities under Law of the RK "On Special Economic and Industrial Zones". A differentiated approach to granting investment benefits to SEZ participants based on the principle "the more investment - the more benefits" has been introduced.


Source: SRC MoF RK (www.kgd.gov.kz/ru)
15.12.2023

Taxpayer's webroom has moved to a new address

SRC MoF RK informs that from 19.12.2023 IS "Taxpayer's webroom" is available at the new address: cabinet.kgd.gov.kz.