THE CODE. On Taxes and Other Obligatory Payments

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1 THE CODE of the Republic of Kazakhstan On Taxes and Other Obligatory Payments TO THE BUDGET (THE TAX CODE) Effective January 1, 2015

2 Developed by ITIC in cooperation with the Information Bulletin of the Ministry of Finance of the Republic of Kazakhstan journal. Duplication is only allowed with the permission of the developers.

3 table of contents 3 Table of Contents THE CODE of the Republic of Kazakhstan «On Taxes and Other Obligatory Payments to the Budget» (the Tax Code) December 10, 2008, 99-IV Law RK General Part...21 Section 1. General Provisions CHAPTER 1. FUNDAMENTAL PROVISIONS...21 Article 1. The Relations Regulated by this Code Article 2. The Tax Legislation of the Republic of Kazakhstan Article 3. Validity of the Tax Legislation...22 Article 4. The Taxation Principles in the Republic of Kazakhstan Article 5. The Principle of the Obligatory Nature of Taxation Article 6. The Principle of Certainty of Taxation Article 7. The Principle of Fairness of Taxation Article 8. The Principle of Unity of the Tax System Article 9. The Principle of Publicity of Tax Legislation of the Republic of Kazakhstan Article 10. The Tax Policy Article 11. The Consulting Council for Taxation Matters Article 12. The Fundamental Definitions Used in This Code CHAPTER 2. THE RIGHTS AND OBLIGATIONS OF THE TAXPAYER AND THE TAX AGENT. REPRESENTATION IN TAX RELATIONS Article 13. The Rights of the Taxpayer...27 Article 14. Obligations of the Taxpayer...28 Article 15. Rights and Obligations of the Tax Agent Article 16. The Support and Protection of the Rights of the Taxpayer (Tax Agent) Article 17. Representation in Tax Relations Which Are Regulated by This Code Article Participation in the tax relations through the operator when carrying out operations of subsurface use under the products sharing agreement (contract) Chapter 3. Tax Authorities. Interaction of Tax Authorities with Other State Bodies Article 18. Objectives and System of Tax Authorities Article 19. Rights of the Tax Service Authorities Article 20. Obligations of the Tax Service Authorities Article 21. Conflict of Interests...31 Article 22. {~} Article 23. Powers of Local Executive Bodies Article 24. Interaction of Tax Authorities with Authorized State Bodies, the National Bank of the Republic of Kazakhstan, the National Motorway Management Operator and Local Executive Bodies Article 25. Material Support, Legal and Social Protection of Officials of the Tax Service Authorities Section 2. Tax Liability...32 CHAPTER 4. GENERAL PROVISIONS...32 Article 26. Tax Liability Article 27. A Taxable Item and (or) Item Related to Taxation Article 28. The Tax Base Article 29. The Tax Rate Article 30. The Tax Period CHAPTER 5. FULFILMENT OF TAX LIABILITIES Article 31. Fulfilment of the Tax Liability...33 Article 32. Special Considerations in Assessment of Taxes and Other Obligatory Payments to the Budget in Fulfilment of the Tax Liability Article 33. Timing of Fulfilment of the Tax Liability Article 34. The Procedure for Payment of Tax Arrears Article 35. Fulfilment of the Tax Liability Where Property Is Transferred into Trust Management Article 36. Special Considerations in the Fulfilment of a Tax Liability in Case of Transfer of Property into Trust Management Article 37. Fulfilment of the Tax Liability of a Legal Person, Which Is Under Liquidation, and also Where a Structural Unit, Permanent Establishment of a Non-Resident Legal Person Ceases Business in the Republic of Kazakhstan Article Special Considerations in the Fulfilment of the Tax Obligations by Certain Categories of Resident Legal Entities Article to Be Liquidated Special Considerations in the Fulfillment of the Tax Liability by Certain Categories of Resident Legal Entities Under Liquidation and Individual Entrepreneurs Ceasing Their Activities By Results of the Audit Report On Taxes Article 38. Fulfilment of the Tax Liability of a Resident Legal Person's Structural Unit, Which Ceases Business Article 39. Fulfilment of the Tax Liability in Case of Re-organisation of a Legal Person... 40

4 4 Table of contents Article Fulfillment of the Tax Liability of a Permanent Establishment without Opening a Branch (Representative Office) of a Non-Resident Legal Entity in the Event of Transfer of the Rights and Liabilities due to Existence of a Place of Effective Management (Location of the Actual Management Body) in the Republic of Kazakhstan Article 40. Special Considerations in Fulfilment of the Tax Liability of a Legal Person in Case of Reorganisation by Way of Division Article 41. The Fulfilment of the Tax Liability of an Individual Entrepreneur, Who Ceases Activity Article 42. Fulfillment of the Tax Liability of a Private Notary, Private Officer of Justice, Advocate, and professional Article 43. Mediator Ceasing Their Activities Special Considerations in the Fulfilment of the Tax Obligations by Certain Categories of Individual Entrepreneurs in Case of Termination of Activities Article Cessation of Activities of Certain Categories of Individual Entrepreneurs Using the Simplified Procedure Article 44. The Fulfilment of the Tax Liability of a Natural person Who Is Recognised as Missing Article 45. Payment of Tax Arrears of a Deceased Natural Person Article 46. Statute of Limitation for the Tax Liability and Claim Chapter 6. Alteration of Timing for the Fulfilment of the Tax Liability with Respect to Payment of Taxes, Other Obligatory Payments to the Budget, and/or Penalties. Ground for Termination of the Tax Liability Article 47. General Provisions...50 Article Alteration of Time Limits for Fulfillment of the Tax Liability to Pay Taxes and (or) Penalties Based on the Taxpayer s Application Article 48. Body Authorized to Make Decisions Concerning the Alteration of Time Limits for Fulfillment of the Tax Liability to Pay Taxes and (or) Penalties Based on the Taxpayer s Application Article 49. The Procedure for the Alteration of Timing for Fulfilment of the Tax Liability in Respect of Payment of Taxes and (or) fines Against a Bank Guarantee Article 50. The Procedure for the Alteration of Timing for Fulfilment of the Tax Liability in Respect of Payment of Taxes and (or) fines Against a Pledge of Property Article 51. The Procedure for the Conclusion of a Property Pledge Agreement Article The Procedure for the Alteration of Timing for Fulfilment of the Tax Liability with Respect to Payment of the Accrued Amounts of Taxes, other Obligatory Payments to the Budget, and/or Penalties Specified in Notices on the Results of Tax Audits Article The procedure for changing a due date for fulfillment of a tax liability to pay the tax of a restructured organization Article Procedure for Altering the Time Limit for Payment of Indirect Taxes on Imported Goods Article 52. Termination of Validity of a Decision Concerning the Alteration of the Timing for Fulfilment of the Tax Liability in Respect of Payment of Taxes, other Obligatory Payments to the Budget, and/or Penalties Article 53. The Procedure for Levying of Execution and Selling of Pledged Property, and also of Claims for Fulfilment of a Bank Guarantee Article 54. Cessation of the Tax Liability Special Part...54 Section 3. General Provisions Article 55. Types of Taxes, Other Obligatory Payments to the Budget CHAPTER 7. THE TAX ACCOUNTING...55 Article 56. The Tax Accounting and Accounting Documentation Article 57. The Tax Accounting Rules...56 Article 58. Rules for the Maintenance of the Separate Tax Accounting Article 59. The Requirements Concerning the Compilation and Storage of Accounting Documentation Article 60. Tax Accounting Policy Requirements Chapter 7-1. Special Considerations in Maintaining Tax Records by Individual Entrepreneurs Who Do Not Maintain Accounting Records and Prepare Financial Statements in Accordance with the Statute of the Republic of Kazakhstan of Accounting and Financial Statements Article General Provisions...58 Article Forms of Basic Accounting Documents and Requirements to Drawing Thereof Article Special Considerations in Maintaining Tax Records CHAPTER 8. THE TAX FORMS...59 Article 61. Tax Return and the Procedure for Their Compilation Article 62. Period of Storing Tax Forms Tax Reports...59 Article 63. General Provisions...59 Article 64. Special Considerations in Compiling Tax Reports Article 65. Special Considerations in Establishing Tax Reporting on Corporate Income Tax Article 66. Special Considerations in Establishing Value-Added Tax Reporting Article 67. Special Considerations in Establishing Tax Reporting on Personal Income Tax and Social Tax Article 68. The Procedure for Submission of Tax Reports Article 69. The Procedure for Revoking Tax Reports Article 70. Introduction of Amendments and Additions to Tax Reports Article 71 Extension of Periods for Submission of Monitoring Tax Reports Article 72. Extension of Periods for Submission of Tax Reports, Except for Monitoring Tax Reports... 66

5 table of contents 5 Article 73. The Procedure for Suspension (Resumption) of Submission of Tax Reports by the Taxpayer (Tax Agent) Article 74. The Procedure for Suspension (Resumption) of Submission of Tax Reports by an Individual Entrepreneur Enjoying the Special Tax Regime for Small Business Entities on the Basis of a Patent Tax Application...68 Article 75. General Provisions...68 Article 76. The Procedure for the Submission of a Tax Application Tax Registers...69 Article 77. Tax Registers CHAPTER 9. SPECIAL CONSIDERATIONS IN TAX ACCOUNTING Article 78. Financial Leases Article 79. {~} Article 80. Performance of Joint Operations...71 Section 4. The Corporate Income Tax CHAPTER 10. GENERAL PROVISIONS...71 Article 81. Payers Article 82. Taxable Items CHAPTER 11. TAXABLE INCOME...72 Article 83. Taxable Income Aggregate Annual Income Article 84. Aggregate Annual Income...72 Article 85. Income To be Included into Aggregate Annual Income Article 86. Income From Sales...73 Article 87. Income From Capital Gain...73 Article 88. Income From Writing Off Obligations Article 89. Income From Doubtful Obligations Article Income of Insurance or Reinsurance Organization under Insurance or Reinsurance Agreements Article 90. Income From Reducing Amounts of Provisions, Reserves Made Article 91. Income From Reassignment of Claim Rights Article 92. Income From Disposals of Fixed Assets Article 93. Income From Adjustment of Expenditures for Geological Studies and Operations Preparatory to Production of Natural Resources, and Other Costs of Subsurface Users Article 94. Income From an Excess from Amounts of Assessments into the Fund for Liquidation of Consequences of Developing Mineral Deposits Over the Amount of Actual Cost Associated with the Liquidation of Consequences of Developing Mineral Deposits Article 95. Compensations Received in Relation to Previously Made Deductions Article 96. Assets Received Free of Charge Article 97. Income Received from Operation of Social Sphere Facilities Article 98. Income from Selling an Enterprise as a Property Complex Article 99. Adjustment of Aggregate Annual Income Deductions Article 100. Deductions Article 101. Deduction of Amounts of Compensation for Business Trips Article 102. Deduction of Amounts of Representative Expense Article 103. Deduction of Interest...83 Article 104. Deduction of Doubtful Obligations Paid Article 105. Deduction of Doubtful Claims...84 Article Deductions of Insurance (Reinsurance) Organization Article 106. Deduction of Assessments to Reserve Funds Article Deduction Due to Attrition of Reinsurance Assets Article 107. Deduction of Costs Associated with Liquidation of Consequences of Developing Mineral Deposits and Amounts of Assessments to the Liquidation Funds Article 108. Deduction of Costs Associated with Scientific Research and Development Operations Article Deduction of Subsurface User Costs Associated with Transferring Money to the Autonomous Cluster Fund Article 109. Deduction of Costs Associated with Insurance Premiums Article 110. Deduction of Costs Associated with Work Remuneration of Employees and Other Payments to Natural Persons Article 111. Deductions Associated with Geological Prospecting Costs and Work Preparatory to Production of Useful Minerals and Other Deductions of Subsurface Users Article Deductions Associated with Preparatory Works for In-Situ Leach Uranium Mining after the First Production Following the Commercial Discovery Article 112. Deduction of Subsurface User Costs for Training Kazakhstan Personnel and Development of Social Sphere of Regions Article 113. Deduction of an Excess Amounts of Negative Exchange Difference Over Amounts of Positive Exchange Difference Article 114. Deduction of Taxes and Other Obligatory Payments to the Budget Article 115. Non-Deductible Costs...90

6 6 Table of contents 3. Deductions Relating to Fixed Assets Article 116. Fixed Assets Article 117. The Assessment of the Balance Sheet Value Article 118. Receipt of Fixed Assets...92 Article 119. Disposal of Fixed Assets...94 Article 120. Assessment of Depreciation Charges Article 121. Other Deductions Relating to Fixed Assets Article 122. Deduction of Subsequent Costs Investment-Related Tax Privileges Article 123. Investment-Related Tax Privileges Article 124. Applying Privileges...98 Article 125. Special Considerations in Accounting for Privileged Items Derivative Financial Instruments Article 126. General Provisions...99 Article 127. Income from Derivative Financial Instruments, other than Long-Term Derivative Financial Instruments Article 128. Income from Long-Term Derivative Financial Instruments Article 129. Special Considerations in Tax Accounting for Hedging Transactions Article 130. Special Considerations in Tax Accounting In Case of Fulfilment by Way of Delivery of the Underlying Asset Long-Term Contracts Article General Provisions Article Procedure for determination of income under long-term contracts using the actual method Article Procedure for determination of income under long-term contract using the completion method Adjustment of Income and Deductions Article 131. General Provisions Article 132. Adjustment of Income and Deductions CHAPTER 12. REDUCTION OF TAXABLE INCOME AND EXEMPTION FROM TAX OF CERTAIN CATEGORIES OF TAXPAYERS Article 133. Reduction of Taxable Income Article 134. Taxation of Non-for-Profit Organisations Article 135. Taxation of Organisations Carrying Out Operations in the Social Sphere Article Taxation of autonomous educational organizations Article Taxation of Organization in which 100% Voting Shares are Held by the National Bank of the Republic of Kazakhstan and which Specializes in Improvement of Quality of Loan Portfolios of Second-Tier Banks Article Taxation of organizations engaged in organizing and holding international specialized exhibition in the Republic of Kazakhstan CHAPTER 13. LOSSES Article 136. Definition of a Loss Article 137. Carry-Forward of Losses Article 138. Carry-Forward of Losses in Case of Reorganisation CHAPTER 14. THE PROCEDURE FOR THE ASSESSMENT AND TIMING FOR PAYMENT OF CORPORATE INCOME TAX Article 139. The Assessment of Amounts of Corporate Income Tax Article 140. Special Considerations in the Assessment and Payment of Corporate Income Tax by Certain Categories of Taxpayers Article 141. The Assessment of Amounts of Advance Payments Article 142. Timing and Procedure for Payment of Corporate Income Tax CHAPTER 15. CORPORATE INCOME TAX WITHHELD AT SOURCE OF PAYMENT Article 143. Income Taxable at Source of Payment Article 144. The Procedure for the Assessment of Corporate Income Tax Withheld at Source of Payment Article Procedure for Taxation of Income of Non-Resident Legal Entities Operating without Incorporation of Permanent Establishment in the Republic of Kazakhstan Article 145. The Procedure for the Transfer of Corporate Income Tax Withheld at Source of Payment Article 146. Assessments of Corporate Income Tax Withheld at Source of Payment CHAPTER 16. TAX RATES, TAX PERIOD AND TAX DECLARATION Article 147. Tax Rates Article 148. The Tax Period Article 149. The Tax Declaration Section 5. Taxation of Organizations Operating in the Territory of Special Economic Zones and an Organization Implementing a Priority Investment Project CHAPTER 17. TAXATION OF ORGANISATIONS CARRYING OUT ACTIVITY IN THE TERRITORIES OF SPECIAL ECONOMIC ZONES Article 150. General Provisions Article 151. {~}

7 table of contents 7 Article Taxation of entities operating in the territory of special economic zone «Astana New City» Article Taxation of entities operating in the territory of special economic zone «National Industrial Petrochemical Technopark» Article Taxation of entities operating in the territory of special economic zone «Aktau Sea Port» Article Taxation of entities operating in the territory of special economic zone «Park of innovative technologies» Article Taxation of entities operating in the territory of special economic zone «Оңтүстік» Article Taxation of entities operating in the territory of special economic zone «Burabay» Article Taxation of Entities Operating in the Territory of Special Economic Zone «Saryarka» Article Taxation of Entities Operating in the Territory of Special Economic Zone «Khorgos Eastern Gate» Article Taxation of Entities Operating in the Territory of Special Economic Zone «Pavlodar» Article Taxation of Entities Operating in the Territory of Special Economic Zone «Taraz Chemical Park» Article 152. The Tax Period and Tax Reports Chapter 17-1 Taxation of an Organization Implementing a Priority Investment Project Article General Provisions Article Taxation of an Organization Implementing a Priority Investment Project Section 6. Personal Income Tax CHAPTER 18. GENERAL PROVISIONS Article 153. Payers Article 154. Special Considerations in Taxation of Income of Foreigners and Stateless Persons Who Are Residents of the Republic of Kazakhstan Article The Procedure for Taxation of Income of Non-Resident Individuals Article 155. Taxable Items Article 156. Income Exempt from Tax Article 157. Exempt Amounts of Aggregate Annual Income Article 158. Tax Rates Article 159. The Tax Period CHAPTER 19. INCOME TAXABLE AT SOURCE OF PAYMENT Article 160. Income Taxable at Source of Payment Article 161. The Assessment, Withholding and Payment of Tax Article Special Considerations in Assessment, Withholding and Payment of Taxes by State-Owned Institutions Article 162. Declarations of Personal Income Tax and Social Tax Income of Employees Article 163. Income of Employees Article 164. In-kind Income of Employees Article 165. Income of Employees in the Form of Material Benefits Article 166. Tax Deductions Article 167. The Assessment and Withholding of Tax Income of Natural Persons from the Tax Agent Article 168. Income of a Natural Person from the Tax Agent Article 169. The Assessment of Amounts of Tax Pension Payments from the Uniform Accumulative Pension Fund and Voluntary Accumulative Pension Funds Article 170. Pension Payments Article 171. The Assessment of Amounts of Tax Article Income in the Form of Dividends, Interest, Winnings Dividends, Interests, Winnings Stipends Article 173. Stipends Article 174. The Assessment of Amounts of Tax Income from Accumulation Insurance Agreements Article 175. Income from Accumulation Insurance Agreements Article 176. The Assessment of Amounts of Tax CHAPTER 20. INCOME NOT TAXABLE AT SOURCE OF PAYMENT Article 177. Income Not Taxable At Source of Payment Article 178. The Assessment of Personal Income Tax on Income Which is Not Taxable At Source of Payment Article 179. Timing for Payment of the Tax Capital Gain Article 180. Capital Gain Article Income from Capital Gain at Sale of Property by Individuals, or Individual Entrepreneurs Who Apply a Special Tax Regime for Small Business Entities Article Income from Capital Gain at Transfer by Individuals, or Individual Entrepreneurs Who Apply a Special Tax Regime for Small Business Entities, of Property (Other than Money) as a Contribution to the Authorized Capital

8 8 Table of contents Article Income from Capital Gain at Sale of Other Assets by an Individual Entrepreneur Who Apply Special Tax Regimes for Small Business Entities Income of Private Notaries, Private Officers of Justice, Advocates and Professional Mediators Article 181. Income of Private Notaries, Private Officers of Justice, Advocates and Professional Mediators Article 182. The Assessment and Payment of Tax Income of Individual Entrepreneurs Article 183. Income of Individual Entrepreneurs Article Other Types of Income Other Types of Income CHAPTER 21. PERSONAL INCOME TAX DECLARATIONS Article 185. Personal Income Tax Declarations Article 186. Timing for the Submission of Declarations Article 187. Failure to Confirm Payment of Tax Section 7. Special Considerations in International Taxation CHAPTER 22. GENERAL PROVISIONS Article 188. The Fundamental Principles of International Taxation Article 189. Residents Article 190. Non-Residents Article 191. The Permanent Establishment of a Non-Resident Article 192. Income of Non-Residents from Sources in the Republic of Kazakhstan CHAPTER 23. THE PROCEUDRE FOR TAXATION OF INCOME OF NON-RESIDENT LEGAL PERSONS CARRYING OUT OPERATIONS WITHOUT FORMING A PERMANENT ESTABLISHMENT IN THE REPUBLIC OF KAZAKHSTAN Article 193. The Procedure for the Assessment and Withholding Corporate Income Tax at Source of Payment Article 194. Rates of Income Tax at Source of Payment Article 195. The Procedure and Timing for the Transfer of Corporate Income Tax at Source of Payment Article 196. Submission of Tax Reports Article Special Considerations in Submission of Tax Reports Article 197. The Assessment, Withholding and Transfer of Tax on Capital Gain in Cases of Selling Estate Located in the Republic of Kazakhstan, and Shares, Participatory Interest Associated with Subsurface Use in the Republic of Kazakhstan CHAPTER 24. THE PROCEDURE FOR THE TAXATION OF INCOME OF NON-RESIDENT LEGAL PERSONS CARRYING ON BUSINESS IN THE REPUBLIC OF KAZAKHSTAN THROUGH A PERMANENT ESTABLISHMENT Article 198. Determining Taxable Income Article 199. The Procedure for Taxation of Net Income Article 200. The Procedure for Taxation of Income in Certain Cases CHAPTER 25. THE PROCEDURE FOR TAXATION OF INCOME OF NON-RESIDENT NATURAL PERSONS Article Tax-exempt income of a non-resident individual Article 201. The Procedure for the Assessment, Withholding and Transfers of Individual Income Tax at Source of Payment Article 202. The Procedure for Taxation of Income of Foreign Employees of a Non-Resident Legal Person Not Having a Permanent Establishment in the Republic of Kazakhstan Article 203. Submission of Personal Income Tax and Social Tax Declarations for Foreigners and Stateless Persons Article 204. The Procedure for Taxation of Income of the Non-Resident Natural Person in Certain Cases Article 205. Submission of Personal Income Tax Declarations CHAPTER 26. SPECIAL PROVISIONS CONCERNING INTERNATIONAL TREATIES Article 206. Conditions of Applying International Treaties Article 207. The Procedure for the Application of International Treaties Article 208. The Methods for Recognition as Deductions of Managerial and General Administrative Expense of a Non-Resident Legal Person for the Purposes of Taxation of Income From Sources in the Republic of Kazakhstan Article 209. The Method of Proportionate Distribution of Costs Article 210. Special Considerations in the Computation of the Assessment Index When Applying the Method of Proportionate Distribution of Costs in Certain Cases Article 211. The Method of Direct (Straight) Recognition of Costs as Deductions Article 212. The Procedure for Applying International Treaties in Respect of Full {~} Exemption from Tax of Income of a Non-Resident, Received from Sources in the Republic of Kazakhstan Article Procedure for Application of International Treaty with Respect to Tax Exemption or Application of a Reduced Tax Rate to Income of a Non-Resident in Form of Dividends, Interests and/or Royalty Received from Sources in the Republic of Kazakhstan Article Procedure for Application of International Treaty with Respect to Partial Tax Exemption of Income of Non-Resident in Form of Dividends on Shares Being Underlying Asset of Depository receipts Article 213. The Procedure for Applying International Treaties in Respect of Exemption from Tax of Income of a Non-Resident from Rendering International Carriage Services, Through a Permanent Establishment

9 table of contents 9 Article 214. The Procedure for Applying International Treaties in Respect of Partial Exemption from Tax of Net Income from Business of a Non-Resident in the Republic of Kazakhstan, Through a Permanent Establishment Article 215. The Procedure for Applying International Treaties in Respect of Exemption from Tax of Income of a Non-Resident, Received from Persons Who Are Not Tax Agents Article 216. The Procedure for the Transfer of Income Tax from Income of a Non-Resident to the Budget or into a Conditional Bank Deposit Article 217. The Procedure for Refund of Income Tax From the Budget or From the Conditional Bank Deposit Article 218. The Procedure for the Transfer of Income Tax From the Conditional Bank Deposit into the Budget Article 219. Requirements Applicable to Documents Confirming Residence, and Tax Applications for Refund of Paid Income Tax From the Budget or Conditional Bank Deposit on the Basis of an International Agreement Article 220. Certificates on Amounts of Income Received from Sources in the Republic of Kazakhstan and Amounts of Withheld (Paid) Taxes CHAPTER 27. SPECIAL CONSIDERATIONS IN TAXATION OF INCOME OF RESIDENTS FROM FOREIGN ECONOMIC OPERATIONS Article 221. Income of Residents Received from Sources Beyond the Boundaries of the Republic of Kazakhstan Article Procedure for Determination of Income of Individuals and Individual Entrepreneurs Who Apply Special Tax Regime for Small Business Entities gained from Sale of Property Received from Sources outside the Republic of Kazakhstan Article 222. The Procedure for Recognition as Deductions of Costs of Resident Legal Persons, in Connection with Carrying out of Activities Directed on Earning Income Beyond the Boundaries of the Republic of Kazakhstan Article 223. Offset of Foreign Tax Article 224. Income Received in a Country with Privileged Taxation Article 225. The Procedure for the Application of an International Treaty by a Resident in a Foreign Country Article 226. The Procedure for Mutual Coordination Article 227. Assistance in Collection of Taxes Article Procedure for Fulfilment of Tax Obligations by Tax Agents with Respect to Incomes Paid to Residents in the Form of Dividends on Shares Being the Underlying Asset of Depository Receipts, and in the Form of Refund of Income Tax Deducted at Source Section 8. Value-Added Tax CHAPTER 28. GENERAL PROVISIONS Article 228. Payers Article 229. Taxable Items CHAPTER 29. TAXABLE TURNOVERS Article 230. Definition of the Taxable Turnover Article 231. Turnovers from Sales of Goods, Work, Services Article 232. Exempt Turnovers Article 233. Turnovers from Sales (Purchase), Which Are Carried Out in Accordance with Agency Agreements Article Turnovers performed on the conditions consistent with the provisions of commission agreement Article 234. Turnovers from Sales (Purchase), Which Are Carried out IN Accordance with Trust Management Agreements Article 235. Turnovers from Sales (Purchase), Which Are Carried Out Within the Framework of Joint Operation Agreements Article 236. Place of Selling Goods, Work, Services Article 237. Date of Commission of Sales Turnovers CHAPTER 30. DETERMINING AMOUNTS OF TAXABLE TURNOVERS Article 238. Amounts of Taxable Turnovers Article 239. Adjustment of Amounts of Taxable Turnovers Article 240. Adjustment of Amounts of Taxable Turnovers from Doubtful Claims Article 241. Taxable Turnover When Purchasing Work, Services from a Non-Resident CHAPTER 31. TURNOVERS TAXABLE AT A ZERO RATE Article 242. Export of Goods Article 243. Confirmation of Export of Goods Article 244. Taxation of International Carriage Article Taxation of sales of petroleum, oil, and lubricants performed by airports when re-fueling Aircrafts of foreign air companies that carry out international flights, international air carriages Article Taxation of Goods Being Sold in the Territory of a Special Economic Zone Article Special Considerations in Taxation of Goods Being Sold to the Territory of «Astana-New City» Special Economic Zone Article Taxation of Fine Gold Article 245. Taxation in Certain Cases CHAPTER 32. TAXABLE IMPORT Article 246. Definition of Taxable Import Article 247. Amount of Taxable Import CHAPTER 33. TURNOVERS AND IMPORT EXEMPT FROM VALUE-ADDED TAX Article 248. Turnovers on sales of goods, works, services, with the place of supply in the Republic of Kazakhstan, exempt from the value-added tax Article 249. Turnovers Relating to Land and Residential Buildings Article 250. Financial transactions exempt from value-added tax

10 10 Table of contents Article 251. Transfer of Assets Under Finance Leases Article 252. Services Rendered by Non-Profit Organisations Article 253. Services, Work in the Sphere of Culture, Science and Education Article Educational Services Provided by Independent Educational Organizations Article 254. Goods and Services in the Sphere of Medical and Veterinary Business Article 255. Import Exempt from Value-Added Tax CHAPTER 34. OFFSET OF VALUE-ADDED TAX Article 256. Value-Added Tax To Be Offset Article 257. Value-Added Tax Not To Be Offset Article 258. Adjustments of Amounts of Value-Added Tax To Be Offset Article 259. Adjustments of Amounts of Value-Added Tax To Be Offset, Relating to Doubtful Obligations, When Writing Off Obligations Article 260. The Procedure for Offsetting Value-Added Tax When There Are Turnovers From Sales Which Are Exempt from Value-Added Tax Article 261. Proportionate Method Article 262. Separation Method CHAPTER 35. INVOICES Article 263. Invoices Article 264. Special Considerations in Issuing Invoices by Freight Forwarders Article 265. Issue of additional tax invoices CHAPTER 36. THE PROCEDURE FOR THE ASSESSMENT AND PAYMENT OF TAX Article 266. Value-Added Tax Assessment Article 267. The Procedure for the Payment of Value-Added Tax in Certain Cases Article 268. Rates of Value-Added Tax Article 269. Tax Period Article 270. Tax Declarations Article 271. Timing for Payment of Value-Added Tax Article Special considerations in fulfillment of tax obligations on the value-added tax by subsurface users carrying out activity under the products sharing agreement (contract) as members of a simple partnership (consortium) CHAPTER 37. RELATIONS WITH THE BUDGET WITH REGARD TO VALUE-ADDED TAX Article 272. Refund of Value-Added Tax Article 273. Refund of Excess Value-Added Tax Article 274. The Simple Procedure for Refund of Excess Value-Added Tax Article 275. Refund of Value-Added Tax Paid in Relation to Goods, Work, Services Purchased at the Expense of Grant Funds Article 276. Refund of value-added tax to diplomatic representations of foreign states, consular institutions of a foreign state and representations equated to those, accredited in the Republic of Kazakhstan and their personnel CHAPTER Special considerations in assessments of value-added tax in case of export and import of goods, performance of works, rendering services in the Custom Union Article General provisions Article Value-added tax payers in the Custom Union Article Taxable items, definition of the taxable turnover Article Definition of the taxable turnover on sales of goods, works, services and taxable import in the Custom Union Article Place of sales of goods, works, services Article Date of turnover from sales of goods, works, and services of taxable import Article Determining amounts of taxable turnovers in case of export of goods Article Determining amounts of taxable import Article Determining amounts of taxable turnover from performance of works, services Article Export of goods within the Custom Union Article Confirmation of export of goods Article Taxation of international carriage within the Custom Union Article Taxation of works on processing of client s raw materials within the Custom Union Article Terms of processing client's raw materials Article Turnovers and import exempt from value-added tax within the Custom Union Article Procedure for offsetting of value-added tax amounts within the Custom Union Article Invoice Article Special considerations in defining of value-added tax payers in case of import of goods Article Special considerations in assessment of value-added tax in case of import of goods to the territory of the Republic of Kazakhstan under the commission agreement, agency agreement in the Custom Union Article Procedure for Assessment and Payment of Value-Added Tax When Importing Goods within the Customs Union Article Procedure for Assessment and Payment of Value-Added Tax When Exporting Goods within the Customs Union Article Revocation of application for importation of goods and payment of indirect taxes in case of import of goods in the Custom Union Article The procedure for adjustment of value-added tax amounts paid in case of import of goods

11 table of contents 11 Section 9. Excise Duties CHAPTER 38. GENERAL PROVISIONS Article 277. Application of Excise Duties Article Definitions used in the Custom Union Article 278. Payers Article 279. The List of Excisable Goods Article 280. Excise Duty Rates CHAPTER 39. TAXATION OF EXCISABLE GOODS MANUFACTURED, SOLD IN THE REPUBLIC OF KAZAKHSTAN Article 281. Taxable Items Article 282. Date of Committing Transactions Article 283. Tax Base Article 284. Special Considerations in Taxation of All Types of Alcohol and Wine Materials Where Different Rates are Established Article 285. Damage, Loss of Excisable Goods Article 286. Damage, Loss of Excisable Goods, Registration Stamps Article 287. Criteria for Recognition of Whole-Sale and Retail Sales of Petrol (Except for Aviation Fuel) and Diesel Fuel, Performed in the Territory of the Republic of Kazakhstan Article 288. Confirmation of Export of Excitable Goods Article 289. Assessment of Amounts of Excise Duty Article 290. Adjustment of Tax Base Article 291. Deduction from Tax Article 292. Timing for Payment of Excise Duty Article 293. Place of Payment of Excise Duty Article 294. The Procedure for the Assessment and Payment of Excise Duty by Taxpayers for Structural Units, Items Relating to Taxation Article 295. Tax Period Article 296. Tax Declarations CHAPTER 40. TAXATION OF IMPORT OF EXCISABLE GOODS Article 297. Tax Base of Imported Excisable Goods Article 298. Timing for Payment of Excise Duty on Imported Excisable Goods Article 299. Import of Excisable Goods Which Are Exempt from Excise Duty Section 10. Rental Tax on Export CHAPTER 41. THE RENTAL TAX ON EXPORT Article 300. The Payers Article 301. Taxable Items Article 302. The Procedure for the Assessment Article 303. Rates of the Rental Tax on Export Article 304. Tax Period Article 305. Time for Payment Article 306. Tax Declarations Section 11. Taxation of Subsurface Users CHAPTER 42. GENERAL PROVISIONS Article 307. Relations Which Are Regulated by this Section Article 308. Taxation of Business Associated with the Performance of Subsurface Use Operations Article Procedure for the fulfillment of tax obligation by certain subsurface users Article 309. Taxation of Business Not Relating to Subsurface Use Operations Article 310. The General Principles of Keeping Separate Tax Accounting for Subsurface Use Contracts CHAPTER 43. BONUSES Article 311. General Provisions The Signature Bonus Article 312. General Provisions Article 313. The Payers Article 314. The Procedure for Establishing an Amount of the Signature Bonus Article 315. Timing for Payment of the Signature Bonus Article 316. The Tax Declaration The Commercial Discovery Bonus Article 317. General Provisions Article 318. The Payers Article 319. The Taxable Item Article 320. The Tax Base Article 321. The Procedure for Assessment of the Commercial Discovery Bonus Article 322. The Rate of the Commercial Discovery Bonus Article 323. Timing for Payment of the Commercial Discovery Bonus Article 324. The Tax Declaration...234

12 12 Table of contents CHAPTER 44. THE PAYMENT TO COMPENSATE FOR HISTORIC COSTS Article 325. General Provisions Article 326. The Payers Article 327. The Procedure for Establishment of the Payment for Compensation of Historic Costs Article 328. The Procedure for and Term of Payment Article 329. The Tax Declaration CHAPTER 45. THE TAX ON PRODUCTION OF USEFUL MINERALS Article 330. General Provisions Article 331. The Payers Tax on Production of Useful Minerals In Relation to Petroleum Article 332. The Tax Base Article 333. The Tax Base Article 334. The Procedure for Determining the Value of Crude Oil, Natural Gas Liquids and Natural Gas Article 335. The Procedure for the Assessment of the Tax Article 336. Rates of the Tax on Production of Useful Minerals The Tax on Production of Useful Minerals on Raw Materials, Except for Commonly-Occurring Useful Minerals Article 337. The Taxable Item Article 338. The Tax Base Article 339. The Rates of the Tax on Production of Useful Minerals Tax on Production of Useful Minerals on Commonly-Occurring Useful Minerals, Underground Water and Therapeutic mud Article 340. Tax Base Article 341. Tax Base Article 342. The Rates of the Tax on Production of Useful Minerals Tax Period, Tax Declaration and Payment Time Article 343. Tax Period Article 344. Payment Time Article 345. Tax Declaration Article 346. The Procedure for the Payment of the Tax on Production of Useful Minerals, Rental Tax on Exported Crude Oil, Natural Gas Liquids, Royalties and the Republic of Kazakhstan Share In-Kind Under Production Sharing CHAPTER 46. EXCESS PROFITS TAX Article 347. General Provisions Article Payers Article 348. Taxation Object Article Net Income for the Purpose to Assess Excess Profit Tax Article Taxable Income for Excess Profit Tax Assessment Purposes Article Aggregate Annual Income Under the Subsoil Use Contract Article Deductions for the Purpose to Assess Excess Profit Tax Article Corporate Income Tax Under the Subsoil Use Contract Article 349. Estimated Amount of Tax on Net Income of a Permanent Establishment of Nonresident Under the Subsoil Use Contract Article 350. Assessment procedure Article 351. Rates of Excess Profit Tax, Levels and Values of Interest to Assess a Maximum Amount of Net Income Allocation for the Purpose to Assess Excess Profit Tax Article 352. The Tax Period Article 353. Time for Payment Article 354. Tax Declarations Section 12. The Social Tax CHAPTER 47. GENERAL PROVISIONS Article 355. Payers Article 356. Special Considerations in the Assessment, Payment and Presentation of Tax Report on Social Tax by Taxpayers Enjoying Special Tax Regimes Article 357. Taxable Items Article 358. Tax Rates CHAPTER 48. THE PROCEDURE FOR THE ASSESSMENT AND PAYMENT OF TAX Article 359. The Procedure for the Assessment of Social Tax Article 360. Payment of Social Tax Article 361. Special Considerations in the Assessment of Social Tax by State-Owned Institutions Article 362. The Procedure for the Assessment and Payment of Tax for Structural Units CHAPTER 49. THE TAX PERIOD AND THE TAX DECLARATION Article 363. Tax Period Article 364. Declarations of Personal Income Tax and Social Tax

13 table of contents 13 Section 13. Tax on Transport Vehicles CHAPTER 50. GENERAL PROVISIONS Article 365. Taxpayers Article 366. Taxable Items CHAPTER 51. TAX RATES, PROCEDURE FOR THE ASSESSMENT AND TIMING FOR THE PAYMENT OF THE TAX Article 367. Tax Rates Article 368. The Procedure for the Assessment of Tax Article 369. Timing for Payment of Tax CHAPTER 52. THE TAX PERIOD AND TAX DECLARATIONS Article 370. Tax Period Article 371. Tax Reports Section 14. Land Tax CHAPTER 53. GENERAL PROVISIONS Article 372. General Provisions Article 373. Payers Article 374. Definition of the Payer in Certain Cases Article 375. Taxable Items Article 376. Definition of Taxable Items in Certain Cases Article 377. The Tax Base CHAPTER 54. TAX RATES Article 378. Basic Tax Rates for Land of Agricultural Designation Article 379. Basic Tax Rates for Land of Agricultural Designation, Granted to Natural persons Article 380. Tax Rates for Land of Non-Agricultural Designation, Which Is Used for Agricultural Purposes Article 381. Basic Tax Rates for Land of Populated Areas (Except for Land Plots Attached to Houses) Article 382. Basic Tax Rates for Land Plots Attached to Houses Article 383. Basic Tax Rates for Land of Industries, Situated Outside Populated Areas Article 384. Tax Rates for Land of Industries, Situated Inside Populated Areas Article 385. Tax Rates for Land of Especially Protected Natural Territories, Forestry and Water Resources Article 386. Tax Rates for Land Plots Allotted for Parking Lots (parkings), Fuelling Stations, Occupied by Casino Article 387. Adjustment of Basic Tax Rates CHAPTER 55. THE PROCEDURE FOR THE ASSESSMENT AND TIMING FOR PAYMENT OF TAX Article 388. General Procedure for the Assessment and Payment of Tax Article 389. The Procedure for the Assessment and Timing for Payment of Tax by Legal persons Article 390. Special Considerations in Assessment, Payment of Taxes and Submission of Tax Reports in Certain Cases Article 391. The Procedure for the Assessment and Payment of Tax by Natural Persons CHAPTER 56. THE TAX PERIOD AND TAX REPORTS Article 392. The Tax Period Article 393. Tax Reports Section 15. Property Tax CHAPTER 57. TAX ON PROPERTY OF LEGAL PERSONS AND INDIVIDUAL ENTREPRENEURS Article 394. Taxpayers Article 395. Definition of a Taxpayer in Certain Cases Article 396. Taxable Items Article 397. The Tax Base Article 398. Tax Rates Article 399. The Procedure for the Assessment and Payment of Tax Article 400. The Assessment and Payment of Tax in Certain Cases Article 401. The Tax Period Article 402. Tax Reports CHAPTER 58. THE TAX ON PROPERTY OF NATURAL PERSONS Article 403. Taxpayers Article 404. Definition of the Taxpayer in Certain Cases Article 405. Taxable Items Article 406. The Tax Base Article 407. The Assessment and Payment of Tax in Certain Cases Article 408. Tax Rates Article 409. The Procedure for the Assessment and Payment of the Tax Article 410. The Tax Period Section 16. The Tax on Gaming Business CHAPTER 59. THE TAX ON GAMING BUSINESS Article 411. The Payers Article 412. Taxable Items

14 14 Table of contents Article 413. Rates of the Tax Article 414. The Tax Period Article 415. The Procedure for the Assessment and Time for Payment of the Tax Article 416. Additional Payment of Payers of the Tax on Gaming Business Article 417. The Procedure for the Assessment and Payment of the Additional Payment Article 418. Timing for the Presentation of Tax Declarations Section 17. The Fixed Tax CHAPTER 60. THE FIXED TAX Article 419. The Fundamental Definitions Used in This Chapter Article 420. Payers Article 421. Items Subject to the Fixed Tax Article 422. The Rates of the Fixed Tax Article 423. The Tax Period Article 424. The Procedure for the Assessment and Timing for Payment of the Fixed Tax Article 425. Timing for the Submission of Tax Declarations Section 18. Special Tax Regimes Article 426. The Types of Special Tax Regimes CHAPTER 61. THE SPECIAL TAX REGIME FOR SMALL BUSINESS ENTITIES General Provisions Article 427. General Provisions Article Special Considerations in the Tax Accounting of Income by Individual Entrepreneurs Who Do Not Maintain Accounting Records and Prepare Financial Statements in Accordance with the Statute of the Republic of Kazakhstan of Accounting and Financial Statements Article 428. Requirements for the Application of a Special Tax Regime The Special Tax Regime on the Basis of a Patent Article 429. Terms and Conditions for Application Article 430. Tax Period Article 431. Procedure for Application Article 432. Computation of the Price of a Patent The Special Tax Regime on the Basis of a Simplified Declaration Article 433. Terms and Conditions for Application Article 434. Tax Period Article 435. Procedure for Application Article 436. Assessment of Taxes in Accordance with the Simplified Declaration Article 437. Timing for the Submission of a Simplified Declaration and Payment of Taxes Article 438. Special Considerations in Payment of Certain Types of Taxes, Obligatory Pension Contributions, Obligatory Professional Pension Contributions and Social Assessments CHAPTER 62. SPECIAL TAX REGIME FOR PEASANT FARMS OR FARMER HOLDINGS Article 439. General Provisions Article 440. Tax Period Article 441. Procedure for Application Article 442. Special Considerations in Applying the Special Tax Regime Article 443. Taxable Item Article 444. The Procedure for the Assessment of Unified Land Tax Article 445. Special Considerations in Assessment of Social Tax Article 446. Timing for Payment of Certain Types of Taxes and Other Obligatory Payments to the Budget, of Social Assessments and Transfers of Obligatory Pension Contributions, Obligatory Professional Pension Contributions Article 447. Timing for the Submission of Tax Declaration for Single Land Tax Payers Contributions CHAPTER 63. THE SPECIAL TAX REGIME FOR LEGAL PERSONS WHO ARE PRODUCERS OF AGRICULTURAL PRODUCts, aquacultural (fishery) products AND FOR RURAL CONSUMER COOPERATIVES Article 448. General Provisions Article 449. Tax Period Article 450. Jerms of Application Article 451. Special Considerations in the Assessment of Certain Types of Taxes and Levy for the Use of Land Plots Article 452. Timing for the Payment and Presentation of Tax Reports Section 19. Other Obligatory Payments CHAPTER 64. REGISTRATION LEVIES Article 453. General Provisions Article 454. Payers of the Levy Article 455. Taxable Item Article 456. Rates of Levy Article 457. Exemption from Payment of the Levy Article 458. The Procedure for the Assessment and Payment CHAPTER 65. THE LEVY FOR THE PASSAGE OF TRANSPORT VEHICLES THROUGH THE TERRITORY OF THE REPUBLIC OF KAZAKHSTAN Article 459. General Provisions Article 460. Payers of the Levy Article 461. Rates of the Levy

15 table of contents 15 Article 462. The Procedure for the Assessment and Payment CHAPTER 66. AUCTION LEVY Article 463. General Provisions Article 464. Payers of the Levy Article 465. Taxable Items Article 466. Rate of the Levy Article 467. The Procedure for the Assessment and Payment Article 468. Tax Declaration CHAPTER 67. THE LICENSING LEVY FOR THE RIGHT TO ENGAGE IN CERTAIN TYPES OF BUSINESS Article 469. General Provisions Article 470. Payers of the Levy Article 471. Rates of the Levy Article 472. The Procedure for the Assessment and Payment CHAPTER 68. THE LEVY FOR ISSUING PERMITS FOR THE USE OF RADIO-FREQUENCY SPECTRUM BY TELEVISION AND RADIO-BROADCASTING ORGANISATIONS Article 473. General Provisions Article 474. Payers of the Levy Article 475. Rates of the Levy Article 476. The Procedure for the Assessment and Payment Chapter Charge for certification in the sphere of civil aviation Article General Provisions Article Payers of the Charge Article Rates of the Charge Article Assessment and Payment Procedure CHAPTER 69. THE LEVY FOR THE USE OF LAND PLOTS Article 477. General Provisions Article 478. Payers of the Levy Article 479. Taxable Items Article 480. Rate of the Levy Article 481. The Procedure for the Assessment and Payment Article 482. The Tax Period Article 483. The Tax Reports CHAPTER 70. THE LEVY FOR THE USE OF WATER RESOURCES FROM SURFACE SOURCES Article 484. General Provisions Article 485. Payers of the Levy Article 486. Taxable Item Article 487. Rates of the Levy Article 488. The Procedure for the Assessment and Payment Article 489. Special Considerations in the Assessment and Payment of the Levy by Certain Categories of Taxpayers Article 490. The Tax Period Article 491. The Tax Reporting CHAPTER 71. THE LEVY FOR DISCHARGES INTO THE ENVIRONMENT Article 492. General Provisions Article 493. Payers of the Levy Article 494. Taxable Items Article 495. Rates of the Levy Article 496. The Procedure for the Assessment and Payment Article 497. The Tax Period Article 498. Tax Reporting CHAPTER 72. THE LEVY FOR THE USE OF WILD LIFE Article 499. General Provisions Article 500. Payers of the Levy Article 501. Rates of the Levy Article 502. The Procedure for the Assessment and Payment CHAPTER 73. THE LEVY FOR THE USE OF FORESTS Article 503. General Provisions Article 504. Payers of the Levy Article 505. Taxable Items Article 506. Rates of the Levy Article 507. The Procedure for the Assessment and Payment CHAPTER 74. THE LEVY FOR THE USE OF ESPECIALLY-PROTECTED NATURAL TERRITORIES Article 508. General Provisions Article 509. Payers of the Levy Article 510. Rates of the Levy Article 511. The Procedure for the Assessment and Payment CHAPTER 75. THE LEVY FOR THE USE OF THE RADIO-FREQUENCY SPECTRUM Article 512. General Provisions Article 513. Payers of the Levy...313

16 16 Table of contents Article 514. Rates of the Levy Article 515. The Procedure for the Assessment and Payment Article 516. The Tax Period Article 517. Tax Reports CHAPTER 76. THE LEVY FOR PROVIDING LONG-DISTANCE AND (OR) INTERNATIONAL TELEPHONE, AND ALSO CELLULAR COMMUNICATIONS Article 518. General Provisions Article 519. Payers of the Levy Article 520. Rates of the Levy Article 521. The Procedure for the Assessment and Payment Article 522. The Tax Period Article 523. Tax Reports CHAPTER 77. THE LEVY FOR THE USE OF NAVIGABLE WATERWAYS Article 524. General Provisions Article 525. Payers of the Levy Article 526. Rates of the Levy Article 527. Procedure for Assessment, Payment, and Submission of Tax Reports CHAPTER 78. THE LEVY FOR THE PLACEMENT OF OUTDOOR (VISUAL) ADVERTISEMENTS Article 528. General Provisions Article 529. Payers of the Levy Article 530. Rates of the Levy Article 531. The Procedure for the Assessment and Payment CHAPTER 79. STATE DUTY State Duty Article 532. General Provisions Article 533. Payers of State Duty Article 534. Taxable Items Article 535. Rates of State Duty in Courts Article 536. Rates of State Duty for the Commission of Notarial Acts Article 537. Rates of State Duty for Registration of Civil Status Records Article 538. The Rates of State Duty When Processing Exits Abroad, Acquisition of Citizenship of the Republic of Kazakhstan, Restoration of Citizenship of the Republic of Kazakhstan or Termination of Citizenship of the Republic of Kazakhstan Article 539. Rates of State Duty for the Commission of Legally-Material Acts by the Authorised State Body in the Sphere of Intellectual Property Article 540. Rates of State Duty for the Commission of Other Acts Article 541. Exemption from Payment of State Duty in Courts of Law Article 542. Exemption from Payment of State Duty When Committing Notarial Acts Article 543. Exemption from Payment of State Duty When Registering Civil Status Records Article 544. Exemption from Payment of State Duty When Restoring and Acquiring the Republic of Kazakhstan Citizenship Article 545. Exemption from Payment of State Duty When Committing Legally-Material Acts by the Authorised State Body in the Sphere of Intellectual Property Article 546. Exemption from Payment of State Duty in Commission of Other Acts Article 547. The Procedure for the Payment of State Duty Article 548. Refund of Paid Amounts of State Duty Consular Levy Article 549. General Provisions Article 550. Payers of Consular Levy Article 551. Taxable Items Article 552. Rates of Consular Levy Article 553. Exemption from Payment of Consular Levies Article 554. The Procedure for Payment of Consular Levy The Tax Administration Section 20. The Tax Supervision and Other Forms of the Tax Administration CHAPTER 80. GENERAL PROVISIONS Article 555. Tax Administration Article 556. The Tax Supervision Article 557. Tax Secrecy Article 558. Tax Inspection Article 559. Participation of Invited Witnesses CHAPTER 81. REGISTRATION OF TAXPAYERS BY THE TAX AUTHORITIES Article 560. General Provisions Registration as Taxpayer Article 561. Entry of Information Concerning Natural Persons, Legal Persons, Structural Units of Legal Persons into the Governmental Database of Taxpayers Article 562. Special Considerations in Registration of Non-Residents as Taxpayers Article 563. Amendments and Additions to Registration Details in the Governmental Database of Taxpayers Article 564. Exclusion of Taxpayers from the State Database of Taxpayers

17 table of contents Registration of Individual Entrepreneurs, Private Notaries, Private Officers of Justice, Advocates and Professional Mediators Article 565. Registration as an Individual Entrepreneur, Private Notary, Private Officer of Justice, Advocate and Professional Mediator Article 566. Changing the Registration Data of an Individual Entrepreneur, Private Notary, Private Officer of Justice, Advocate and Professional Mediator Article 567. Deregistration as an Individual Entrepreneur, Private Notary, Private Officer of Justice, Advocate and Professional Mediator Registration Accounting for Value-Added Tax Payers Article 568. Obligatory Registration for Value-Added Tax Article 569. Voluntary Registration for Value-Added Tax Article 570. Certificate on Value-Added Tax Registration Article 571. Deregistration for Value-Added Tax Registration as Electronic Tax Payer Article 572. Registration of Electronic Taxpayers Article 573. Replacement and Annulment of an Electronic Digital Signature Registration of Taxpayers Carrying on Certain Types of Business Article 574. Registration as Taxpayer Carrying on Certain Types of Business Article 575. Amendments and Additions to Registration Details of Taxpayers Carrying on Certain Types of Business Article 576. Striking Taxpayer Carrying on Certain Types of Business off Registration Accounts Registration Accounting Based Upon the Place of Location of Taxable Items and (or) Items Relating to Taxation Article 577. Registration in the Place of Location of Taxable Items and (or) Items Relating to Taxation Article 578. Deregistration from Registration Accounts in the Place of Location of Taxable Items and (or) Items Relating to Taxation Defunct Taxpayers and Taxpayers at the Stage of Liquidation Article 579. Defunct Taxpayers Article 580. Taxpayers at the Stage of Liquidation Duties of Banks and Organisations Carrying Out Separate Types of Banking Transactions, Authorised State Bodies in the Course of Registration and Registration Accounting for Taxpayers Article 581. Duties of Banks and Organisations Carrying Out Separate Types of Banking Transactions Article 582. The Interaction of the Authorised State Bodies in the Course of Performing Registration and Registration Accounting for Taxpayers Article 583. Responsibilities of Authorized State Bodies, the National Bank of the Republic of Kazakhstan, and Local Executive Bodies When Interacting with Tax Service Authorities CHAPTER 82. ACCEPTANCE OF TAX FORMS. IN-HOUSE SUPERVISION Article 584. Acceptance of Tax Forms Article 585. In-House Supervision Article 586. The Procedure and Timing for Conducting In-House Supervision Article 587. Results of In-House Supervision CHAPTER 83. ACCOUNTING FOR THE PERFORMANCE OF TAX OBLIGATIONS, DUTIES OF TRANSFER OF Obligatory Pension Contributions, Obligatory Professional Pension Contributions AND PAYMENT OF SOCIAL ASSESSMENTS Article 588. General Provisions Article 589. Opening and Maintenance of Official Accounts of Taxpayers (Tax Agents) Article 590. Accounting for the Assessed Amounts of Taxes and Other Obligatory Payments to the Budget, Obligatory Pension Contributions, Obligatory Professional Pension Contributions and Social Assessments Article 591. Accounting for the Assessed Amounts of Taxes and Other Obligatory Payments to the Budget, Obligatory Pension Contributions, Obligatory Professional Pension Contributions and Social Assessments Article 592. Accounting for the Paid, Credited, Refunded Taxes and Other Obligatory Payments to the Budget, Obligatory Pension Contributions, Obligatory Professional Pension Contributions and Social Assessments Article 593. Accounting for Penalties, Fines Article 594. Performance of the Reconciliation of Settlements Relating to Taxes and Other Obligatory Payments to the Budget, Obligatory Pension Contributions, Obligatory Professional Pension Contributions and Social Assessments Article 595. Transfers of Personal Accounts of Taxpayers (Tax Agents) Article 596. Termination of Obligations Associated with Payment of a Fine By Virtue of Expiry of the Statute of Limitations for the Implementation of the Resolution Article 597. Closure of Official Accounts of Taxpayers (Tax Agents) Article 598. The Procedure for the Presentation of Information on Absence (presence) of Tax Arrears, Arrears Relating to Obligatory Pension Contributions, Obligatory Professional Pension Contributions and Social Assessments Credit and Refund of Taxes, Other Obligatory Payments to the Budget, Penalties and Fines Article 599. Credit of Amounts of Taxes, Payments, Levies and Penalties Paid in Excess Article 600. Credit of Excess Amounts of Value-Added Tax to be Offset Over the Amount of the Assessed Tax Article 601. Credit, Refund of Amounts of Tax, Other Obligatory Payments to the Budget, Paid by Mistake Article 602. Refund of Amounts of Taxes, Payments, Levies and Penalties Paid in Excess Article 603. Refund of an Excess Amount of Value-Added Tax to be Offset Over the Assessed Amount of the Tax Article 604. Refund of Value-Added Tax on Other Bases

18 18 Table of contents Article 605. Refund of the Paid Amount of Illegally Imposed Fine for Offences in the Area of Taxation, Laws of the Republic of Kazakhstan concerning Pension Insurance, Compulsory Social Insurance, and of the Amounts Paid in Excess Article 606. Refund and Credit of the Paid Amount of Other Obligatory Payments to the Budget CHAPTER 84. THE NOTICE CONCERNING THE IMPLEMENTATION OF TAX OBLIGATIONS ASSOCIATED WITH THE ASSESSMENT, WITHHOLDING AND TRANSFER OF Obligatory Pension Contributions, Obligatory Professional Pension Contributions, ASSESSMENT AND PAYMENT OF SOCIAL ASSESSMENTS Article 607. General Provisions Article 608. The Procedure for Delivery and Implementation of a Notice CHAPTER 85. THE METHODS FOR SECURING THE IMPLEMENTATION OF TAX OBLIGATIONS Article 609. The Methods of Securing the Implementation of Tax Obligations That Were Not Implemented in Time Article 610. Penalty on Amounts of Tax and Other Obligatory Payments to the Budget, That Were Not Paid In Time Article 611. Suspension of Expenditure Transactions in Bank Accounts of a Tax Payer (Tax Agent) Article 612. Suspension of Cash Expenditure Transactions of Taxpayers (Tax Agents) Article 613. Restraint of Property Disposal of the Taxpayer (Tax Agent) CHAPTER 86. THE METHODS OF ENFORCED COLLECTION OF TAX ARREARS Article 614. Methods of Enforced Collection of Tax Arrears Article 615. Collection of Tax Arrears At the Expense of Funds Which Are in Bank Accounts Article 616. Collection of Amounts of Tax Arrears of the Taxpayer (Tax Agent) from Accounts of the Taxpayer (Tax Agent's) Debtors Article 617. Collection at the Expense of Selling Taxpayer's (Tax Agent) Property in Restraint Against Tax Arrears Article 618. The Procedure for Selling Taxpayer's (Tax Agent) Property in Restraint Against Tax Arrears Article 619. Enforced Issues of Announced Shares of the Taxpayer (Tax Agent) Which Is a Joint-Stock Company with the Participation of the State In the Authorised Capital Article 620. The Recognition of a Taxpayer (Tax Agent) as Bankrupt Article 621. Publication in Mass Media of Lists of Taxpayers (Tax Agents) Who Have Tax Arrears Article 622. Collection of Tax Arrears of Taxpayers Being Individuals and Not Being Individual Entrepreneurs, Private Notaries, Private Officers of Justice, Advocates or Professional Mediators CHAPTER 87. THE MONITORING OF MAJOR TAXPAYERS Article 623. General Provisions Article 624. The Procedure and Timing for Presentation of Reports for Monitoring CHAPTER 88. THE RISK MANAGEMENT SYSTEM Article 625. General Provisions Article 626. Steps of the Tax Service Authorities for Risk Assessment and Management CHAPTER 89. TAX AUDITS Definition, Types and Forms of Tax Audits Article 627. Definition, Types and Forms of Tax Audits The Procedure and Timing for Conducting Tax Audits Article 628. Deleted Article 629. The Length of Conducting Tax Audits Article 630. Deleted Article 631. Tax Audit Notices Article 632. Bases for Conducting Tax Audits Article 633. Beginning Conducting a Tax Audit Article 634. Special Considerations in Conducting Chronometric Inspection Article 635. The Procedure for Conducting Topical Audits Pursuant to the Taxpayer's Claim in the Value-Added Tax Declaration For Confirmation of the Accuracy of Amounts of Value-Added Tax Claimed for Refund Article Procedure for Specialized Audits of Tax Agents with Respect to Income Tax Refund from the Budget or Conditional Bank Deposit on the Basis of the Tax Application of a Non-Resident Article 636. Access of Official Persons of the Tax Service Authorities to the Territory or Offices for Conducting Tax Audits Article 637. Completion of a Tax Audit Article 638. Decision on Results of a Tax Audit Identification of Taxable Items and (or) Items Relating to Taxation, by Indirect Method Article 639. General Provisions Article 640. Tax Audits in the Case of Absence of Accounting or Other Documents (Information) Article 641. Information Sources Article 642. The Procedure for Identifying Taxable Items and (or) Items Relating to Taxation Article 643. Identification of Taxable Items in Certain Cases CHAPTER 90. THE PROCEDURE FOR THE APPLICATION OF CASH REGISTER MACHINES Article 644. The Fundamental Definitions Used in this Chapter Article 645. Article General Provisions Procedure for Receipt, Storage and Transfer to Tax Service Authorities of Data on Cash Settlements Implemented Upon Sale of Goods, Work and Services Article 646. Registration of Cash Registers by the Tax Authority Article 647. Introduction of Amendments to Registration Details of a Cash Register Article 648. Deregistration of a Cash Register by the Tax Authorities Article 649. Read-Out of a Fiscal Report and Requirements Concerning Contents of a Receipt Article 650. Operation of Cash Registers...390

19 Tax Code of the Republic of Kazakhstan 19 Article 651. The State Register Article 652. The Tax Supervision of the Compliance With the Procedure for the Use of Cash Registers CHAPTER 91. OTHER FORMS OF TAX SUPERVISION Article 653. The Supervision of Excisable Goods Manufactured or Imported Into the Republic of Kazakhstan Article 654. The Supervision of Transfer Pricing Article 655. The Supervision of Compliance with the Procedure for Accounting, Storage, Valuation, Further Use and Marketing of Assets Converted (to be Converted) into Ownership of the State Article 656. The Supervision of Functioning of the Authorised State Bodies and Local Executive Authorities CHAPTER 92. ASSISTANCE TO TAXPAYERS Article 657. Assistance to Taxpayers Article 658. Promotion of Tax Legislation Article 659. Providing Free Software for the Presentation of Tax Reports in an Electronic Form Article 660. Development of a Network of Outlets for the Access for Reviewing the Status of Completion of a Document Requested by the Taxpayer Article 661. Providing Information on the Procedure for the Performance of Settlements with the Budget in Relation to the Performance of Tax Obligations Article 662. Centres for Processing Notices of the Tax Service Authorities Article 663. Supporting the Functioning of the Tax Service Authorities' Web-Sites Article 664. Rendering Assistance (Except for Financial) in the Development of a Network of Cash Machines and Other Electronic Devices for Payment of Taxes and Other Obligatory Payments to the Budget, Transfer of Obligatory Pension Contributions, Obligatory Professional Pension Contributions and Social Assessments Article 665. The Procedure for Dissemination by the Tax Service Authorities of Information on Assistance Which is Rendered to Tax Payers (Tax Agents) in Relation to Their Performance of Tax Obligations Section 21. Appealing Results of Tax Audits and Acts (Omission of Act) of Official Persons of the Tax Service Authorities CHAPTER 93. THE PROCEDURE FOR APPEALLING RESULTS OF A TAX AUDIT Article 666. The Authorities Who Handle Complaints of Taxpayers (Tax Agents) Against Notices on the Results of Tax Audits Article 667. The Procedure for Taxpayers' (Tax Agent's) Filing Complaints Article 668. The Form and Contents of a Taxpayer's (Tax Agent) Complaint Article 669. Refusal to Consider a Complaint Article 670. The Procedure for Handling a Complaint Filed to a Superior Tax Service Authority Article 671. Passing a Decision on the Results of Considering a Complaint Article 672. Suspension of the Period of Considering a Complaint Article 673. The Form and Contents of the Decision of the Superior Tax Service Authority Article 674. Consequences of Filing a Complaint to the Superior Tax Service Authority or Court of Law Article 675. The Procedure for the Prescription and Conducting Additional Audits CHAPTER 94. THE PROCEDURE FOR REVISION OF A DECISION BASED ON THE RESULTS OF PROCESSING A TAXPAYER'S (TAX AGENT) COMPLAINT Article 676. The Body Which Carries Out the Revision of Decisions Based on the Results of Considering Taxpayer's (Tax Agent) Complaints Article 677. The Procedure for Filing a Complaint to the Authorised Body Article 678. The Form and Contents of a Complaint Filed to the Authorised Body Article 679. Denial a Complaint Processing Article 680. The Procedure for Processing A Complaint Filed to the Authorised Body Article 681. Passing a Decision on a Complaint Filed to the Authorised Body Article 682. Suspension of the Period for Processing of a Complaint Article 683. The Form and Contents of the Decision of the Authorised Body Article 684. Consequences of Filing a Complaint to the Authorised Body Article 685. The Procedure for the Prescription and Conducting an Additional Audit CHAPTER 95. THE PROCEDURE FOR APPEALLING ACTS (OMISSION OF ACT) OF THE OFFICIAL PERSONS OF THE TAX SERVICE AUTHORITIES Article 686. The Right of Appeal Article 687. The Appeal Procedure Article 688. {~} LAW OF THE REPUBLIC OF KAZAKHSTAN «On Putting into Force the Code of the Republic of Kazakhstan «On Taxes and Other Obligatory Payments to the Budget» (the Tax Code)» December 10, 2008, 100-IV Law RK LAW OF THE REPUBLIC OF KAZAKHSTAN «On Introduction of Amendments and Additions into Certain Legislative Acts of the Republic of Kazakhstan on Taxation Issues» (Extracts) 5 December V Law RK

20 20 Tax Code of the Republic of Kazakhstan On Putting into Force amendments introduced to the Tax Code RK The Code of the RK On putting into force Publication in the "Kazakhstanskaya Pravda" 164-V LRK of Upon expiration of 10 calendar days from the date of its first official оf publication 177-V LRK оf Upon expiration of 10 calendar days from the date of its first official оf publication 189-V LRK оf Upon expiration of 10 calendar days from the date of its first official of publication (exceptions are stated in text of the Tax Code and Law on Introduction of Tax Code of the Republic of Kazakhstan) 195-V LRK of Upon expiration of 6 months from the date of its first official publication of (exceptions are stated in text of the Tax Code and Law on Introduction of Tax Code of the Republic of Kazakhstan) 200-V LRK of Upon expiration of 10 calendar days from the date of its first official оf publication 203-V LRK of Upon expiration of 6 months from the date of its first official publication оf (exceptions are stated in text of the Tax Code and Law on Introduction of Tax Code of the Republic of Kazakhstan) 208-V LRK of Upon expiration of 10 calendar days from the date of its first official оf publication (exceptions are stated in text of the Tax Code and Law on Introduction of Tax Code of the Republic of Kazakhstan) 209-V LRK of Upon expiration of 10 calendar days from the date of its first official оf publication (exceptions are stated in text of the Tax Code and Law on Introduction of Tax Code of the Republic of Kazakhstan) 210-V LRК оf Upon expiration of 21 calendar days from the date of its first official оf publication (exceptions are stated in text of the Tax Code and Law on Introduction of Tax Code of the Republic of Kazakhstan) 214-V LRК оf From оf V LRК оf Upon expiration of 10 calendar days from the date of its first official оf publication (exceptions are stated in text of the Tax Code and Law on Introduction of Tax Code of the Republic of Kazakhstan) 227-V LRК оf From оf V LRК оf From (exceptions are stated in text of the Tax Code and оf Law on Introduction of Tax Code of the Republic of Kazakhstan) 239-V LRК оf Upon expiration of 10 calendar days from the date of its first official оf publication (exceptions are stated in text of the Tax Code and Law on Introduction of Tax Code of the Republic of Kazakhstan) 248-V LRК оf Upon expiration of 10 calendar days from the date of its first official оf publication (exceptions are stated in text of the Tax Code and Law on Introduction of Tax Code of the Republic of Kazakhstan) 254-V LRК оf Upon expiration of 10 calendar days from the date of its first official оf publication (exceptions are stated in text of the Tax Code and Law on Introduction of Tax Code of the Republic of Kazakhstan) 257-V LRК оf From (exceptions are stated in text of the Tax Code and оf Law on Introduction of Tax Code of the Republic of Kazakhstan) 269-V LRК оf From (exceptions are stated in text of the Tax Code and оf Law on Introduction of Tax Code of the Republic of Kazakhstan) 271-V LRК оf Upon expiration of 10 calendar days from the date of its first official оf publication (exceptions are stated in text of the Tax Code and Law on Introduction of Tax Code of the Republic of Kazakhstan)

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