ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of October 15, 2025 No. 605

About approval of Rules of determination of share of property in percentage ratio to the cost of implementable shares or shares on the date of realization, and also shares of property of persons (person) which are (being) subsoil users (subsoil user), in asset cost of the legal entity - the resident, including the legal entity - the issuer and also Rules and terms of charge of tax on the income from increase in value in case of realization of the property which is in the Republic of Kazakhstan

According to Items 2 and 15 of article 687 of the Tax Code of the Republic of Kazakhstan I ORDER:

1. Approve:

1) Rules of determination of share of property in percentage ratio to the cost of implementable shares or shares on the date of realization, and also shares of property of persons (person) which are (being) subsoil users (subsoil user), in asset cost of the legal entity - the resident, including the legal entity - the issuer according to appendix 1 to this order;

2) Rules and terms of charge of tax on the income from increase in value in case of realization of the property which is in the Republic of Kazakhstan according to appendix 2 to this 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 this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of Finance of the Republic of Kazakhstan after its official publication;

3) within ten working days after state registration of this 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. This order becomes effective since January 1, 2026 and is subject to official publication.

Appendix 1

to the Order of the Minister of Finance of the Republic of Kazakhstan of October 15, 2025 No. 605

Rules of determination of share of property in percent ratio to the cost of implementable shares or shares on the date of realization, and also shares of property of persons (person) which are (being) subsoil users (subsoil user), in asset cost of the legal entity - the resident including the legal entity - the issuer

Chapter 1. General provision

1. These rules of determination of share of property in percent ratio to the cost of implementable shares or shares on the date of realization, and also shares of property of persons (person) which are (being) subsoil users (subsoil user), in asset cost of the legal entity - the resident including the legal entity - the issuer are developed according to Item 2 of article 687 of the Tax Code of the Republic of Kazakhstan (further - the Tax code) and determine procedure for determination of share of property in percentage ratio to cost implementable shares or shares on the date of realization, and also shares of property of persons (person) which are (being) subsoil users (subsoil user), in asset cost of the legal entity - the resident including the legal entity - the issuer.

Chapter 2. Procedure for determination of share of real estate, book value of shares (shares), shares of property, book value of assets

2. The share of real estate in the cost of implementable shares or share on the date of realization is determined as the relation of the amount of the cost (costs) of real estate of the legal entity which shares (which) or shares in which (in which) the legal entity owns or shares (share) of which (in which) are implemented, to total cost of implementable shares or shares of participation of such legal entity.

3. Real estate value of the legal entity its book value is recognized:

1) for date of transfer of property on shares (shares) to the buyer;

2) in the absence of separate financial statements for date of transfer of property on shares (shares) to the buyer - on the last reporting date preceding date of transfer of property on shares (shares) to the buyer.

4. Total cost of implementable shares or share of participation of the legal entity whose shares (share) (in which) are implemented book value of shares (shares) of such legal entity is recognized.

5. Book value of shares (shares) is determined on the basis of data of separate financial statements of the legal entity whose shares (share) (in which) are implemented, or members of consortium in which shares are implemented, constituted and approved according to requirements of the legislation of the state in which such legal entity or such consortium is created:

1) for date of transfer of property on shares (shares) to the buyer;

2) in the absence of separate financial statements for date of transfer of property on shares (shares) to the buyer - on the last reporting date preceding date of transfer of property on shares (shares) to the buyer.

6. Book value of shares (shares) is determined as difference between total cost of assets of the legal entity and the amount of its long-term obligations, short-term obligations and debts, calculated by the following formula:

BS = A - (TO + TO + D), where:

BS - book value of shares (shares)

A - total cost of assets;

TO - long-term obligations;

TO - short-term obligations;

Д - debts.

7. The share of property of resident person (including the subsoil user) in asset cost of the legal entity whose shares (share) are implemented is determined as the relation of the amount of the cost (costs) of property of resident person which shares (which) or shares in which (in which) the legal entity owns or shares (share) of which (in which) are implemented, to total cost of assets of such legal entity.

8. In property value of resident person (including the subsoil user) (depending on its form of business) book value of real estate of resident person is recognized:

1) for date of transfer of property on shares (shares) to the buyer;

2) in the absence of separate financial statements for date of transfer of property on shares (shares) to the buyer - on the last reporting date preceding date of transfer of property on shares (shares) to the buyer.

9. Total cost of assets of the legal entity whose shares (share) (in which) are implemented the amount of book values of all assets of such legal entity is recognized.

10. Book value of assets is determined on the basis of data of separate financial statements of the legal entity paying dividends or shares (share) of which (in which) are implemented, or members of consortium in which shares are implemented, constituted and approved according to requirements of the legislation of the state in which such legal entity or such consortium is created:

1) on payment date of dividends or transfer of property on shares (shares) to the buyer;

2) in the absence of separate financial statements on payment date of dividends or transfer of property on shares (shares) to the buyer - on the last reporting date preceding payment date of dividends or transfers of property on shares (shares) to the buyer.

Appendix 2

to the Order of the Minister of Finance of the Republic of Kazakhstan of October 15, 2025 No. 605

Rules and terms of charge of tax on the income from increase in value in case of realization of the property which is in the Republic of Kazakhstan

Chapter 1. General provision

1. These rules and terms of charge of tax on the income from increase in value in case of realization of the property which is in the Republic of Kazakhstan are developed according to Item 15 of article 687 of the Tax Code of the Republic of Kazakhstan (further - the Tax code) and determine procedure for charge of tax on the income from increase in value in case of realization of the property which is in the Republic of Kazakhstan.

Chapter 2. Procedure for charge of tax on the income from increase in value in case of realization of the property which is in the Republic of Kazakhstan

2. Charge of taxes is performed by tax authority based on data on realization of the property which is in the Republic of Kazakhstan, to legal resident person whose property provides implementable shares, share which are provided by authorized state bodies: The Ministries of Justice, artificial intelligence and digital development, the industry and construction, power (further - authorized state bodies).

3. According to the subitem 2) of Item 1 of article 82 of the Tax Code the tax authority creates the notification on the amount of the taxes and (or) payments estimated in tax authority and represents to the taxpayer (tax agent) no later than ten working days from the date of calculation by tax authority based on the data received from authorized state bodies within competences with indication of the amount of the estimated tax and (or) payments and deadline of execution of the tax liability.

4. In case of non-execution by the taxpayer (tax agent), the legal resident person realizing shares, shares, provisions of Items 11, of 12, of the 13 and 14 article 687 of the Tax Code, the tax authority carries out charge of taxes, based on data of authorized state bodies, to legal resident person whose property provides implementable shares, share using the rates determined by article 682 of the Tax Code.

5. According to the fourth paragraph of the subitem 1) of Item 2 of article 119 of the Tax Code the tax authority based on data of authorized state bodies determines the added tax amount and provides carrying out charge of tax on the income from increase in value in case of realization of the property which is in the Republic of Kazakhstan on personal account of the taxpayer (tax agent) within 3 (three) working days from the date of receipt of data from authorized state bodies.

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