JOINT ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN AND RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of September 18, 2025 No. 508, on September 26, 2025 No. 55

About approval of Rules of determination of the taxable income on the banking activity performed by banks of the second level

According to subitem part two 4) of Item 2 of article 357 of the Tax Code of the Republic of Kazakhstan the Board of National Bank of the Republic of Kazakhstan DECIDES and the Minister of Finance of the Republic of Kazakhstan ORDERS:

1. Approve Rules of determination of the taxable income on the banking activity performed by banks of the second level according to appendix to the presents to the joint resolution and the order.

2. To provide to committee of state revenues of the Ministry of Finance of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

1) state registration of the presents joint the resolution and the order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of the presents joint the resolution and the order on Internet resources of National Bank of the Republic of Kazakhstan and the Ministry of Finance of the Republic of Kazakhstan;

3) within ten working days after state registration of the presents joint the resolution and the order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Ministry of Finance of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

3. Joint the resolution and the order to assign control of execution of the presents to the First Deputy Chairman of National Bank of the Republic of Kazakhstan and the supervising Vice-Minister of Finance of the Republic of Kazakhstan.

4. The presents the joint resolution and the order become effective since January 1, 2026 and are subject to official publication.

Acting as Chairman of National Bank of the Republic of Kazakhstan

__________ E.Zhamaubayev

Minister of Finance of the Republic of Kazakhstan

__________ M. Takiyev

Appendix

to joint to the Order of the Minister of Finance of the Republic of Kazakhstan and the Resolution of Board of National Bank of the Republic of Kazakhstan of September 18, 2025 No. 508, on September 26, 2025 No. 55

Rules of determination of the taxable income on the banking activity performed by banks of the second level

Chapter 1. General provisions

1. These rules of determination of the taxable income on the banking activity performed by banks of the second level (further - Rules), are developed according to subitem part two 4) of Item 2 of article 357 of the Tax Code of the Republic of Kazakhstan (further - the Tax code) and determine procedure for determination of the taxable income by the banking activity performed by banks of the second level.

2. In Rules the following concepts are used:

1) the other activities performed by banks of the second level - the activities of bank of the second level which are not relating to credit activity of subjects of entrepreneurship;

2) credit activity of subjects of entrepreneurship - the activities of banks of the second level connected with provision to individual entrepreneurs and legal entities of the credits (loans), the leasing and other financial instruments determined by Item 9 of these rules for the purpose of obtaining by the individual entrepreneur and legal entity of net income by use by the individual entrepreneur and legal entity of property, production, sales of goods, performance of works, rendering services, based on the right of private property (private entrepreneurship) or on the right of economic maintaining or operational management of the state company (state entrepreneurship) within independent, initiative activities.

In Rules also other concepts applicable according to the Tax code are used.

3. The taxable income on the banking activity performed by banks of the second level consists of the taxable income from credit activity of subjects of entrepreneurship and the taxable income from the other activities performed by banks of the second level.

4. The expense amount of bank of the second level, except for the expenses specified in Items 12 and 24 of these rules, subject to reference on deductions, is determined at the choice of bank of the second level by pro rata method by application of specific weight or by classification of expenses on direct and general.

Classification of expenses on direct and general is performed by banks of the second level independently proceeding from specifics of activities in tax accounting policy.

Direct expenses belong in full only to credit activity of subjects of entrepreneurship, as to the marked-out category or the other activities performed by banks of the second level with which they have direct cause and effect relationship.

Chapter 2. Procedure for determination of the taxable income from credit activity of subjects of entrepreneurship

Paragraph 1. Taxable income or loss from credit activity of subjects of entrepreneurship

5. The taxable income of bank of the second level from credit activity of subjects of entrepreneurship (Nodpred) is determined by the following formula:

  where:

Nodpred - the taxable income of bank of the second level from credit activity of subjects of entrepreneurship;

Sgdpred - the gross annual income of bank of the second level from credit activity of subjects of entrepreneurship determined according to paragraph 2 of Chapter 2 of these rules;

Umpred - the reduction Sgdpred relating to credit activity of subjects of entrepreneurship;

Kdpred - the adjustment Sgdpred performed according to the Tax code, relating to credit activity of subjects of entrepreneurship;

Vpred - the deductions determined according to paragraph 5 of Chapter 2 of these rules;

KV - adjustment of deductions;

Specific weight - the specific weight determined according to Item 15 of these rules.

6. The positive value received in case of application of formula according to Item 5 of these rules is recognized the taxable income on banking activity on crediting of subjects of entrepreneurship.

7. The negative value received in case of application of formula according to Item 5 of these rules is recognized loss from credit activity of subjects of entrepreneurship.

Paragraph 2. Gross annual income from credit activity of subjects of entrepreneurship

8. For the purpose of conducting separate tax accounting the income from the activities performed by banks of the second level in full is distributed taking into account direct cause and effect relationship with the credit activity of subjects of entrepreneurship or other activities performed by banks of the second level.

9. The gross annual income of bank of the second level from credit activity of subjects of entrepreneurship (further - Sgdpred) includes the following income types, the subjects of entrepreneurship belonging to credit activity:

1) income from realization:

the income in remuneration type on the credit (loan) issued within credit activity of subjects of entrepreneurship including the commission income for servicing and maintenance of the credits (loans);

the income in remuneration type on cession of property under the agreement of leasing issued within credit activity of subjects of entrepreneurship;

income on transactions of factoring, forfaiting, the letter of credit, credit line, guarantees, guarantees, within credit activity of subjects of entrepreneurship;

2) the penalties (penalties, penalty fee) awarded or recognized by the debtor on the credit (loan) issued within credit activity of subjects of entrepreneurship;

The income from right to claim concession on the credit (I will occupy) 3) according to article 321 of the Tax Code, issued within credit activity of subjects of entrepreneurship;

4) excess of the amount of positive exchange difference over the amount of negative exchange difference on the credit (loan) issued within credit activity of subjects of entrepreneurship.

In case of impossibility of reference of exchange difference on the credit (loan) issued within credit activity of subjects of entrepreneurship on direct cause and effect relationship to credit activity of subjects of entrepreneurship, distribution the aggregate (balanced) result received for tax period in the form of excess of the amount of positive exchange difference over the amount negative course by application of the specific weight determined by Item 15 of these rules is subject;

5) the income from decrease in the sizes of provisions (reserves) created by bank of the second level according to article 323 of the Tax Code and relating to credit activity of subjects of entrepreneurship.

Paragraph 3. Reduction of gross annual income from credit activity of subjects of entrepreneurship

10. For the purpose of determination of the taxable income from credit activity of subjects of entrepreneurship (Nodpred) the gross annual income from credit activity of subjects of entrepreneurship (Sgdpred) decreases by the income from concession the rights to claim acquired by bank of the second level in connection with the redemption from 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, the rights of requirements for the credits (loans) issued within credit activity of subjects of entrepreneurship which are earlier yielded to such organization.

Paragraph 4. Adjustment of gross annual income from credit activity of subjects of entrepreneurship

11. Adjustment of gross annual income from credit activity of subjects of entrepreneurship increase or reduction of the size of the income of accounting tax period within the amount of earlier recognized income in cases, the stipulated in Item 2 articles 256 of the Tax Code relating to credit activity of subjects of entrepreneurship is recognized.

Paragraph 5. Deductions from credit activity of subjects of entrepreneurship

12. Contributions to reserve funds on the credits issued within credit activity of subjects of entrepreneurship are the expenses on credit activity of subjects of entrepreneurship relating on deductions from credit activity of subjects of entrepreneurship in full.

13. In case of the choice in accounting policy of method of classification of expenses on direct and general, direct expenses on credit activity of subjects of entrepreneurship relating on deductions are:

1) expenses on the realized goods, works, services relating to credit activity of subjects of entrepreneurship;

2) expenses on imputed incomes of workers and separate expenses of the employer which are not the income of physical person, the subjects of entrepreneurship connected with credit activity;

3) contributions to the State Social Insurance Fund, Fund of social medical insurance and compulsory pension contributions of the employer for benefit of the worker participating in the activities of bank connected with crediting of subjects of entrepreneurship;

4) excesses of the amount of negative exchange difference over the amount of positive exchange difference on the credit (loan) issued within credit activity of subjects of entrepreneurship. If the exchange difference cannot be carried on direct cause and effect relationship to credit activity of subjects of entrepreneurship of the taxpayer, the aggregate (balanced) result received for tax period in the form of excess of the amount of negative exchange difference over the amount of positive exchange difference by application of the specific weight determined by Item 15 of these rules is subject to distribution;

5) the amounts of the entertainment expenses relating to credit activity of subjects of entrepreneurship;

6) other expenses relating to credit activity of subjects of entrepreneurship.

In case of impossibility of reference of the expenses determined by this Item on direct cause and effect relationship to the marked-out categories, these expenses are subject to inclusion in structure of total expenses and distribution between the credit activity of subjects of entrepreneurship and other activities performed by banks of the second level by application of the specific weight determined according to Item 15 of these rules.

14. Total expenses are subject to distribution between the credit activity of subjects of entrepreneurship and other activities performed by banks of the second level by application of the specific weight determined according to Item 15 of these rules.

15. The specific weight is determined as specific weight of gross annual income of bank of the second level from credit activity of subjects of entrepreneurship in the amount of the amount determined by subitems 1), 2) and 3) of Item 9 of these rules in general gross annual income of bank of the second level from the activities performed by banks of the second level without the income from decrease in the sizes of provisions (reserves) created by bank of the second level according to article 323 of the Tax Code and the income in type of excess of the amount of positive exchange difference over the amount of negative exchange difference.

The total comprehensive income is determined by addition of gross annual income from the credit activity of subjects of entrepreneurship and other activities performed by banks of the second level.

Value of specific weight is determined by the taxpayer (tax agent) as a percentage to the one 100-th share (% 0,01).

16. The deductions relating to credit activity of subjects of entrepreneurship (Vpred) are determined by the following formula:

 

Вобщ - the amount of all deductions applied by the taxpayer in accounting tax period according to Chapter 26 of the Tax code;

Vprpred - the amount of the deductions relating to credit activity of subjects of entrepreneurship, determined according to Items 12 and 13 of these rules;

Впрпроч - the amount of the deductions relating to the other activities performed by banks of the second level, determined according to Items 24 and 25 of these rules;

Specific weight - the specific weight determined according to Item 15 of these rules.

Paragraph 6. Adjustment of the deductions relating to credit activity of subjects of entrepreneurship

17. Adjustment of the deductions relating to credit activity of subjects of entrepreneurship increase or reduction of the size of deductions of accounting tax period within the amount of earlier recognized deduction is recognized cases, stipulated in Item 2 articles 288 of the Tax Code.

Chapter 3. Procedure for determination of the taxable income from the other activities performed by banks of the second level

Paragraph 1. The taxable income or loss from the other activities performed by banks of the second level

18. The taxable income of bank of the second level from the other activities performed by banks of the second level (Nodprochy) is determined by the following formula:

 

Nodprochy - the taxable income of bank of the second level from the other activities performed by banks of the second level;

Sgdprochy - the gross annual income of bank of the second level from the other activities performed by banks of the second level determined according to paragraph 2 of Chapter 3 of these rules;

Umprochy - reduction Sgdprochy, except for the umensheniye relating to credit activity of subjects of entrepreneurship;

Kdprochy - the adjustment Sgdprochy performed according to the Tax code, which is not relating to credit activity of subjects of entrepreneurship;

Vprochiye - the amount of deductions from the other activities performed by banks of the second level determined according to paragraph 5 of Chapter 3 of these rules.

KV - adjustment of deductions;

Specific weight - the specific weight determined according to Item 15 of these rules.

19. The positive value received in case of application of formula according to Item 18 of these rules is recognized the taxable income from the other activities performed by banks of the second level.

20. The negative value received in case of application of formula according to Item 18 of these rules is recognized loss from the other activities performed by banks of the second level.

Paragraph 2. Gross annual income from the other activities performed by banks of the second level

21. The gross annual income of bank of the second level from the other activities performed by banks of the second level (further - Sgdprochy) joins all income types according to the Tax code, except for the income relating to credit activity of subjects of entrepreneurship.

Paragraph 3. Reduction of gross annual income from the other activities performed by banks of the second level

22. For the purpose of determination of the taxable income from other activities the gross annual income from other activities is subject to reduction according to article 255 of the Tax Code without the umensheniye relating to reduction of gross annual income from credit activity of subjects of entrepreneurship.

Paragraph 4. Adjustment of gross annual income from the other activities performed by banks of the second level

23. Adjustment of gross annual income from other activities increase or reduction of the size of the income of accounting tax period within the amount of earlier recognized income in cases, the stipulated in Item 2 articles 256 of the Tax Code relating to the other activities performed by banks of the second level is recognized.

Paragraph 5. Deductions on the other activities performed by banks of the second level

24. Contributions to reserve funds on the other activities performed by banks of the second level are expenses on the other activities performed by the banks of the second level relating on deductions on the other activities performed by banks of the second level in full.

25. In case of the choice in accounting policy of method of classification of expenses on direct and general, direct expenses on the other activities performed by banks of the second level are the expenses determined according to Chapter 26 of Section 5 of the Tax code which have direct cause and effect relationship to the other activities performed by banks of the second level, except for the expenses determined by Item 24 of these rules.

In case of impossibility of reference of the expenses determined by this Item on direct cause and effect relationship to the marked-out categories, these expenses are subject to inclusion in structure of total expenses and distribution between the credit activity of subjects of entrepreneurship and other activities performed by banks of the second level by application of the specific weight determined according to Item 15 of these rules.

26. The deductions relating to the other activities performed by banks of the second level (Vprochy) are determined by the following formula:

 

where:

Вобщ - the amount of all deductions applied by the taxpayer in accounting tax period according to Chapter 26 of the Tax code;

Vprpred - the amount of the deductions relating to credit activity of subjects of entrepreneurship, determined according to Items 12 and 13 of these rules;

Впрпроч - the amount of the deductions relating to the other activities performed by banks of the second level determined according to Items 24 and 25 of these rules;

Specific weight - the specific weight determined according to Item 15 of these rules.

Paragraph 6. Adjustment of the deductions relating to the other activities performed by banks of the second level

27. Adjustment of the deductions relating to the other activities performed by banks of the second level increase or reduction of the size of deductions of accounting tax period within the amount of earlier recognized deduction is recognized cases, stipulated in Item 2 articles 288 of the Tax Code.

 

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