LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 25, 2017 No. 122-VI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan on the tax matters

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Civil code of the Republic of Kazakhstan (General part) accepted by the Supreme Council of the Republic of Kazakhstan on December 27, 1994 (Sheets of the Supreme Council of the Republic of Kazakhstan, 1994, No. 23-24 (appendix); 1995, No. 15-16, of Art. 109; No. 20, Art. 121; Sheets of Parliament of the Republic of Kazakhstan, 1996, No. 2, Art. 187; No. 14, Art. 274; No. 19, Art. 370; 1997, No. 1-2, of Art. 8; No. 5, Art. 55; No. 12, Art. 183, 184; Art. No. 13-14, 195, 205; 1998, No. 2-3, of Art. 23; No. 5-6, of Art. 50; No. 11-12, of Art. 178; Art. No. 17-18, 224, 225; No. 23, Art. 429; 1999, No. 20, Art. 727, 731; No. 23, Art. 916; 2000, No. 18, Art. 336; No. 22, Art. 408; 2001, No. 1, Art. 7; No. 8, Art. 52; No. 17-18, of Art. 240; No. 24, Art. 338; 2002, No. 2, Art. 17; No. 10, Art. 102; 2003, No. 1-2, of Art. 3; No. 11, Art. 56, 57, 66; No. 15, Art. 139; No. 19-20, of Art. 146; 2004, No. 6, Art. 42; No. 10, Art. 56; No. 16, Art. 91; No. 23, Art. 142; 2005, No. 10, Art. 31; No. 14, Art. 58; No. 23, Art. 104; 2006, No. 1, Art. 4; No. 3, Art. 22; No. 4, Art. 24; No. 8, Art. 45; No. 10, Art. 52; No. 11, Art. 55; No. 13, Art. 85; 2007, No. 2, Art. 18; No. 3, Art. 20, 21; No. 4, Art. 28; No. 16, Art. 131; No. 18, Art. 143; No. 20, Art. 153; 2008, No. 12, Art. 52; No. 13-14, of Art. 58; No. 21, Art. 97; No. 23, Art. 114, 115; 2009, Art. No. 2-3, 7, 16, 18; No. 8, Art. 44; No. 17, Art. 81; No. 19, Art. 88; No. 24, Art. 125, 134; 2010, No. 1-2, of Art. 2; No. 7, Art. 28; No. 15, Art. 71; No. 17-18, of Art. 112; 2011, No. 2, Art. 21, 28; No. 3, Art. 32; No. 4, Art. 37; No. 5, Art. 43; No. 6, Art. 50; No. 16, Art. 129; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 13, 15; No. 6, Art. 43; No. 8, Art. 64; No. 10, Art. 77; No. 11, Art. 80; No. 20, Art. 121; No. 21-22, of Art. 124; No. 23-24, of Art. 125; 2013, No. 7, Art. 36; No. 10-11, of Art. 56; No. 14, Art. 72; No. 15, Art. 76; 2014, No. 4-5, of Art. 24; No. 10, Art. 52; No. 11, Art. 61, 63; No. 14, Art. 84; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 7, Art. 34; No. 8, Art. 42, 45; No. 13, Art. 68; No. 15, Art. 78; No. 16, Art. 79; No. 20-І, Art. 110; No. 20-IV, Art. 113; No. 20-VII, Art. 115; No. 21-I, Art. 128; No. 22-I, Art. 140, 143; No. 22-V, Art. 156; No. 22-VI, Art. 159; 2016, No. 7-II, Art. 55; No. 8-II, Art. 70; No. 12, Art. 87; 2017, No. 4, Art. 7; No. 15, Art. 55):

in Article 19:

state item 4 in the following edition:

"4. Physical persons are subject to state registration as the individual entrepreneur according to the Entrepreneurial code of the Republic of Kazakhstan.";

exclude Item 4-1.

2. In the Budget code of the Republic of Kazakhstan of December 4, 2008 (The sheet of Parliament of the Republic of Kazakhstan, 2008, No. 21, Art. 93; 2009, No. 23, Art. 112; No. 24, Art. 129; 2010, No. 5, Art. 23; No. 7, Art. 29, 32; No. 15, Art. 71; No. 24, Art. 146, 149, 150; 2011, No. 2, Art. 21, 25; No. 4, Art. 37; No. 6, Art. 50; No. 7, Art. 54; No. 11, Art. 102; No. 13, Art. 115; No. 15, Art. 125; No. 16, Art. 129; No. 20, Art. 151; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 16; No. 3, Art. 21; No. 4, Art. 30, 32; No. 5, Art. 36, 41; No. 8, Art. 64; No. 13, Art. 91; No. 14, Art. 94; No. 18-19, of Art. 119; No. 23-24, of Art. 125; 2013, No. 2, Art. 13; No. 5-6, of Art. 30; No. 8, Art. 50; No. 9, Art. 51; No. 10-11, of Art. 56; No. 13, Art. 63; No. 14, Art. 72; No. 15, Art. 81, 82; No. 16, Art. 83; No. 20, Art. 113; No. 21-22, of Art. 114; 2014, No. 1, Art. 6; No. 2, Art. 10, 12; No. 4-5, of Art. 24; No. 7, Art. 37; No. 8, Art. 44; No. 11, Art. 63, 69; No. 12, Art. 82; No. 14, Art. 84, 86; No. 16, Art. 90; No. 19-І, 19-II, Art. 96; No. 21, Art. 122; No. 22, Art. 128, 131; No. 23, Art. 143; 2015, No. 2, Art. 3; No. 11, Art. 57; No. 14, Art. 72; No. 15, Art. 78; No. 19-І, Art. 100; No. 19-II, Art. 106; No. 20-IV, Art. 113; No. 20-VII, Art. 117; No. 21-І, Art. 121, 124; No. 21-II, Art. 130, 132; No. 22-І, Art. 140, 143; No. 22-II, Art. 144; No. 22-V, Art. 156; No. 22-VI, Art. 159; No. 23-II, Art. 172; 2016, No. 7-II, Art. 53; No. 8-І, St. 62; No. 12, Art. 87; No. 22, Art. 116; No. 23, Art. 119; No. 24, Art. 126; 2017, No. 4, Art. 7; No. 6, Art. 11; No. 9, Art. 18; No. 10, Art. 23; No. 13, Art. 45; No. 14, Art. 51; No. 15, Art. 55; The Law of the Republic of Kazakhstan of November 30, 2017 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of the budget legislation", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on December 6, 2017):

1) in Article 39-2:

1) of Item 1 to state the subitem in the following edition:

"1) the non-profit organization created in form of business of fund only for ensuring financing of the legal entity with absolute participation of the state in the authorized capital which main object of activity are the organization and holding the international specialized exhibition in the territory of the Republic of Kazakhstan, and also postexhibition use of the territory of the international specialized exhibition;";

the second item 4 to state part in the following edition:

"The legal entity with absolute participation of the state in the authorized capital which main object of activity are the organization and holding the international specialized exhibition in the territory of the Republic of Kazakhstan and also postexhibition use of the territory of the international specialized exhibition, autonomous cluster fund, and also the organization providing conditions for activities of bodies, their organizations and members of the international financial center bear responsibility for achievement of indicators of the results of target transfer in their activities determined in strategic plans and (or) budget programs of the corresponding administrators of budget programs.";

2) in Item 1 of Article 49:

15) to state the subitem in the following edition:

"15) collection for registration TV, radio channel, the periodic printing edition, news agency and online media;";

23) to exclude the subitem;

add with subitems 40) and 41) of the following content:

"40) collection for passing of accounting registration of the microfinancial organizations and their inclusion in the register of the microfinancial organizations;

41) collection for issue of allowing documents for participants of the bank and insurance markets.";

Item 1 of Article 50 to add 3) with subitem 7-1) of the following content:

"7-1) collection for issue and (or) prolongation of permission to employers to attraction of foreign labor power to the Republic of Kazakhstan;";

4) in Item 1 of Article 51:

14) to exclude the subitem;

add with subitem 15-1) of the following content:

"15-1) payment for use of licenses for occupation of separate types of activity;";

17) to exclude the subitem;

23) to state the subitem in the following edition:

"23) payment for placement of outdoor (visual) advertizing on open space outside rooms in the city of republican value, the capital;";

add with the subitem 24) of the following content:

"24) collection for issue and (or) prolongation of permission to employers to attraction of foreign labor power to the Republic of Kazakhstan.";

5) in Item 1 of Article 52:

in the subitem 1) "to the income which is not assessed at source of payment, the physical persons registered in the territory of the city of district value, the village, the settlement, the rural district" shall be replaced with words words "to the income, independently physical persons which are subject to taxation at which in the territory of the city of district value, the village, the settlement it is located declared in case of statement on registration accounting in body of state revenues:

the location - for the individual entrepreneur, the private notary, the private legal executive, the lawyer, professional mediator;

the residence - for other physical persons";

in the subitem 3)" which property is" shall be replaced with words words "on subjects to taxation by this tax which is";

in the subitem 4) words" which parcel of land is in the city of district value, the village, the settlement" shall be replaced with words "on the parcels of land which are in the territory of the city of district value, the village, the settlement";

6) to state the subitem in the following edition:

"6) tax on vehicles, except for tax on vehicles:

from physical persons which residence is in the territory of the city of district value, the village, the settlement;

from legal entities whose location specified in their constituent documents is located in the territory of the city of district value, the village, the settlement;";

10) to exclude the subitem;

add with subitem 11-1) of the following content:

"11-1) payment for use of licenses for occupation of separate types of activity;";

13) to exclude the subitem;

Item 1 of Article 52-1 to state 6) in the following edition:

"1. Tax revenues in city budgets of district value, the village, settlement, rural district are:

1) the individual income tax according to the income which is subject to taxation by independently physical persons at which in the territory of the city of district value, the village, the settlement it is located declared in case of statement on registration accounting in body of state revenues:

the location - for the individual entrepreneur, the private notary, the private legal executive, the lawyer, professional mediator;

the residence - for other physical persons;

2) the property tax of physical persons on subjects to taxation by this tax which is in the territory of the city of district value, the village, the settlement, the rural district;

3) the land tax on lands of settlements from physical persons and legal entities on the parcels of land which are in the territory of the city of district value, the village, the settlement;

4) tax on vehicles:

from physical persons which residence is in the territory of the city of district value, the village, the settlement;

from legal entities whose location specified in their constituent documents is located in the territory of the city of district value, the village, the settlement;

5) payment for placement of outdoor (visual) advertizing on:

subjects of stationary advertizing in strip of withdrawal of the highways public of republican value passing through the territories of the cities of district value, villages, settlements, rural districts;

subjects of stationary advertizing in strip of withdrawal of the highways public of regional value passing through the territories of the cities of district value, villages, settlements, rural districts;

subjects of stationary advertizing in strip of withdrawal of highways public of district value;

open space outside rooms in the city of district value, the village, the settlement.";

Part third of Item 12-1 of Article 67 to state 7) in the following edition:

"Responsibility for justification of the budget request and reliability of calculations to the budget request, bear completeness and timeliness of submission of the budget request according to the budget programs directed to target transfer heads of autonomous cluster fund, the legal entity with absolute participation of the state in the authorized capital which main object of activity are the organization and holding the international specialized exhibition in the territory of the Republic of Kazakhstan, and also postexhibition use of the territory of the international specialized exhibition, the organization providing conditions for activities of bodies and their organizations, members of the international financial center according to the laws of the Republic of Kazakhstan.";

To add Item 1 of Article 88 with the subitem 11) of the following content:

"11) with transfer and expenditure of the transfers to fund of social medical insurance from the republican budget for fee rendered within the guaranteed amount of free medical care.".

3. In the Code of the Republic of Kazakhstan of December 10, 2008 "About taxes and other obligatory payments in the budget" (Tax code) (Sheets of Parliament of the Republic of Kazakhstan, 2008, No. 22-І, 22-II, Art. 112; 2009, Art. No. 2-3, 16, 18; No. 13-14, of Art. 63; No. 15-16, of Art. 74; No. 17, Art. 82; No. 18, Art. 84; No. 23, Art. 100; No. 24, Art. 134; 2010, No. 1-2, of Art. 5; No. 5, Art. 23; No. 7, Art. 28, 29; No. 11, Art. 58; No. 15, Art. 71; No. 17 18, Art. 112; No. 22, Art. 130, 132; No. 24, Art. 145, 146, 149; 2011, No. 1, Art. 2, 3; No. 2, Art. 21, 25; No. 4, Art. 37; No. 6, Art. 50; No. 11, Art. 102; No. 12, Art. 111; No. 13, Art. 116; No. 14, Art. 117; No. 15, Art. 120; No. 16, Art. 128; No. 20, Art. 151; No. 21, Art. 161; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 11, 15; No. 3, Art. 21, 22, 25, 27; No. 4, Art. 32; No. 5, Art. 35; No. 6, Art. 43, 44; No. 8, Art. 64; No. 10, Art. 77; No. 11, Art. 80; No. 13, Art. 91; No. 14, Art. 92; No. 15, Art. 97; No. 20, Art. 121; No. 21-22, of Art. 124; No. 23-24, of Art. 125; 2013, No. 1, Art. 3; No. 2, Art. 7, 10; No. 3, Art. 15; No. 4, Art. 21; No. 8, Art. 50; No. 9, Art. 51; No. 10-11, of Art. 56; No. 12, Art. 57; No. 14, Art. 72; No. 15, Art. 76, 81, 82; No. 16, Art. 83; Art. No. 21-22, 114, 115; No. 23-24, of Art. 116; 2014, No. 1, Art. 9; No. 4-5, of Art. 24; No. 7, Art. 37; No. 8, Art. 44, 49; No. 10, Art. 52; No. 11, Art. 63, 64, 65, 69; No. 12, Art. 82; No. 14, Art. 84; No. 16, Art. 90; No. 19-І, 19-II, Art. 96; No. 21, Art. 122; No. 22, Art. 128, 131; No. 23, Art. 143; No. 24, Art. 145; 2015, No. 7, Art. 34; No. 8, Art. 44, 45; No. 11, Art. 52; No. 14, Art. 72; No. 15, Art. 78; No. 19-І, St. 99, 100, 101; No. 20-І, Art. 110; No. 20-IV, Art. 113; No. 20-VII, Art. 115, 119; No. 21-І, Art. 124; No. 21-II, Art. 130; No. 21-III, Art. 136, 137; No. 22-І, Art. 140, 143; No. 22-II, Art. 144, 145; No. 22-III, Art. 149; No. 22-V, Art. 156, 158; No. 22-VI, Art. 159; No. 22-VII, Art. 161; No. 23-І, Art. 169; 2016, No. 1, Art. 4; No. 6, Art. 45; No. 7-II, Art. 53, 55, 57; No. 8-І, Art. 62; No. 8-II, Art. 66, 72; No. 12, Art. 87; No. 22, Art. 116; No. 24, Art. 124; 2017, No. 4, Art. 7; No. 9, Art. 22; No. 10, Art. 23; No. 12, Art. 34; No. 13, Art. 45; No. 14, Art. 49, 53, 54; No. 15, Art. 55; No. 16, Art. 56):

Heading of Article 438 to state 1) in table of contents in the following edition:

"Article 438. Features of payment (transfer) of the individual income tax withheld at source of payment, compulsory pension contributions, compulsory professional pension contributions, social assignments, assignments and (or) fees on compulsory social medical insurance";

Item 9 of Article 31 to state 2) in the following edition:

"9. The tax liability on tax payment, other obligatory payments in the budget, and also the obligation for payment of penalty fee and penalties are performed in national currency, except as specified, provided by this Code, the Law of the Republic of Kazakhstan "About joint-stock companies", and also cases when the legislation of the Republic of Kazakhstan and agreements (contracts) on the Section of products, the contract for subsurface use approved by the President of the Republic of Kazakhstan, specified by Article 308-1 of this Code provide natural form of payment or payment in foreign currency.";

3) Item 2 of Article 84 to add with subitems 14), 15) and 16) of the following content:

"14) the income from realization of the minerals received from the subsoil user on account of execution of the tax liability in natural form, the receiver on behalf of the state or person authorized by the receiver on behalf of the state on implementation of such realization;

15) the commission fee of the receiver on behalf of the state or person authorized by the receiver on behalf of the state expressed in expense recovery, the minerals connected with realization received from the subsoil user on account of execution of the tax liability in natural form;

16) the cost of the services received for the account of budgetary funds in the form of the state non-financial support of subjects of entrepreneurship according to the state program in the field of development of agro-industrial complex of the Republic of Kazakhstan, the programs approved by the Government of the Republic of Kazakhstan which operators are the National chamber of entrepreneurs of the Republic of Kazakhstan and Fund of Development of Entrepreneurship Lady. joint-stock company;

4) in Article 90:

4) of Item 1-1 to state the subitem in the following edition:

"4) the amounts of provisions (reserves) reflected in financial accounting as of December 31, 2026 according to international accounting standards carried on deductions in reporting and (or) the previous tax periods against the doubtful and bad assets provided to the affiliated organization of bank on acquisition of doubtful and bad assets of parent bank. The amounts of provisions (reserves) specified in this subitem join in gross annual income of bank for the tax period falling on 2026.

in the subitem 6) Item 2:

third to state the paragraph in the following edition:

"the affiliated organization of bank acquiring doubtful and bad assets of parent bank;";

add with the paragraph the fifth the following content:

"the special finance company created according to the legislation of the Republic of Kazakhstan on project financing and securitization in case of the transaction of securitization according to the decision of the Government of the Republic of Kazakhstan;

Part the second Item 1 of Article 99 to state 5) in the following edition:

"The income from implementation of types of activity, stipulated by the legislation the Republic of Kazakhstan about banks and banking activity, included in gross annual income of such organization and listed to parent bank is excluded from gross annual income of the affiliated organization of bank acquiring doubtful and bad assets of parent bank.";

6) parts the first, third and fourth Item 1-1 of Article 106 to state in the following edition:

"1-1. Banks have the right to expense amount deduction on creation of provisions (reserves) against the doubtful and bad assets provided to the affiliated organization of bank on acquisition of doubtful and bad assets of parent bank.";

"At the same time the expense amount according to International Financial Reporting Standards and requirements of the legislation of the Republic of Kazakhstan about financial accounting and the financial reporting for creation of provisions (reserves) against the doubtful or bad assets provided by parent bank of the affiliated organization on acquisition of doubtful and bad assets of such parent bank is deductible.

The procedure for reference of the assets provided by banks to the affiliated organizations on acquisition of doubtful and bad assets of parent bank to category doubtful and hopeless, and also procedure for forming of provisions (reserves) against the assets provided by parent banks to the affiliated organizations is determined by National Bank of the Republic of Kazakhstan in coordination with authorized body.";

7) in Article 115:

add part one with the subitem 16) of the following content:

"16) the cost of amounts of the minerals transferred by the subsoil user on account of execution of the tax liability in natural form.";

to state paragraph two of part two in the following edition:

"in the form of the money received by this organization according to the legislation of the Republic of Kazakhstan on banks and banking activity and transferred to parent bank;";

8) 8) and 9) of Item 2 of Article 133 to exclude subitems;

Item 1 of Article 135-2 to state 9) in the following edition:

"1. The organization specializing in improvement of quality of credit portfolios of banks of the second level which single shareholder is the Government of the Republic of Kazakhstan in case of determination of the amount of the corporate income tax which is subject to payment in the budget reduces by 100 percent the amount of this Code of the corporate income tax estimated according to article 139 according to the income from the following types of activity:

1) share issue for forming of the authorized capital, and also bonds for financing of the activities specified in this Item;

2) redemption of own placed shares and bonds;

3) quality evaluation of assets, the rights of requirements of the banks and (or) legal entities which were earlier banks for the purpose of decision making about their acquisition;

4) acquisition at banks of doubtful and bad assets, other rights of requirements and assets, management of them, including by transfer to trust management, ownership and (or) their realization;

5) quality evaluation of the shares and (or) bonds issued by banks and (or) placed by the banks, legal entities which were earlier banks;

6) share acquisition and (or) share in the authorized capital of legal entities, including legal entities, the rights of requirements to whom are acquired at the banks, and (or) legal entities which were earlier banks, management of them including by transfer to trust management, ownership and (or) their realization;

7) share acquisition and (or) the bonds issued and placed by banks, management of them including by transfer to trust management, ownership and (or) their realization;

8) provision in property employment (lease) of the property acquired and (or) received at the banks and (or) legal entities which were earlier banks or use of other form of paid temporary use by such property, its transfer to trust management;

9) carrying out transactions on securitization of the rights of the requirements and other assets acquired at the banks and (or) legal entities which were earlier banks;

10) acquisition at legal entities, earlier being banks, the rights of requirements and assets, including shares and (or) shares in the authorized capital of legal entities, content, ensuring safety, management of them, including by transfer to trust management, ownership and (or) their realization;

11) placement of money in securities and other financial instruments, and also in banks, National Bank of the Republic of Kazakhstan on the terms of bank account agreements and bank deposit;

12) implementation of financing on the terms of the paid nature, urgency and recoverability of the banks and (or) legal entities which were earlier banks.";

To exclude 10) in part two of Item 2 of Article 143 of the word "on the credit (I will borrow)";

Item 3 of Article 155 to add 11) with subitems 29-5) and 38) of the following content:

"(I will occupy) 29-5) income formed in case of discharge of the credit on which right to claim is acquired by the organization specializing in improvement of quality of credit portfolios of banks of the second level which single shareholder is the Government of the Republic of Kazakhstan, in type:

forgiveness of principal debt;

forgiveness of debt on remuneration, commission, penalty (penalty fee, to penalty);";

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