JOINT LETTER OF THE TAX COMMITTEE OF THE MINISTRY OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN AND CUSTOMS CONTROL COMMITTEE OF THE MINISTRY OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of April 21, 2011 No. HK-08-24/4773 and on April 21, 2011 No. KTK-13-2-11/1176

The Tax Committee and the Customs Control Committee of the Ministry of Finance of the Republic of Kazakhstan in connection with the arising questions concerning the tax discharge on value added (further - the VAT) the offsetting method on imported goods imported till January 1, 2009 report the following.

Since January 1, 2009 ceased to be valid the Code of the Republic of Kazakhstan of June 12, 2001 "About taxes and other obligatory payments in the budget" (Tax code).

At the same time article 250 of the specified Tax Code is prolonged according to article 49 of the Law of the Republic of Kazakhstan "About enforcement of the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code)" till January 1, 2012.

Concerning whether commodity import on which VAT is paid by offsetting method, the import exempted from the VAT is recognized

According to article 229 of the Code of the Republic of Kazakhstan of December 10, 2008 "About taxes and other obligatory payments in the budget" (Tax code) (further - RK Oil Company) objects of VAT liability are:

1) leviable turnover;

2) leviable import.

According to Article 246 of RK Oil Company leviable import are the goods imported or imported on the territory of custom union (except for exempted from the VAT according to Article 255 of RK Oil Company), which are subject to declaring according to the customs legislation of custom union and (or) the customs legislation of the Republic of Kazakhstan.

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