of September 8, 2010 No. HK13-21/10512
Association of taxpayers of Kazakhstan
Almaty, Ulitsa Auezova, 84
office 311, 3rd floor
The Tax Committee of the Ministry of Finance of the Republic of Kazakhstan, having considered your letter of 22.06.2010 No. 356-06/10 (further - the Letter), reports the following.
On the first question.
Follows from the letter that the nonresident Company performing the activities through representation in the Republic of Kazakhstan (RK) grants loans to the legal resident person RK on the terms of the paid nature, that is the resident shall pay remuneration for use of loan money. Loans are granted by separate tranches monthly, since 2004.
The receiver of loan - the resident of RK who is the subsoil user according to the Contract for subsurface use has stability of tax regime which remained in force till January 1, 2009.
If the condition of stability of tax regime, according to the Contract for subsurface use, extends to the value added tax (VAT), that calculation and payment of the VAT shall be performed according to the tax legislation existing at the time of the conclusion of the Contract for subsurface use. According to the Letter, the existing tax legislation, according to the Contract for subsurface use, was the Law of the Republic of Kazakhstan "O taxes and other obligatory payments in the budget" of April 24, 1995 No. 2235 in edition for July 1, 2001 (further - the Law on taxes).
According to article 54 of the Law on taxes, taxpayers on value added the nonresidents of the Republic of Kazakhstan who are performing activities through permanent organization, having the taxation objects according to article 53-1 of the Law on taxes are recognized.
According to Item 1 of article 72 of the Law on taxes, in case of sales of goods (works, services) in the territory of the Republic of Kazakhstan by the nonresidents who are not recognized according to article 54 of the Law on taxes taxpayers the Republic of Kazakhstan, object of VAT liability for resident is the turnover on sales of goods (works, services) performed from the territory of the Republic of Kazakhstan by the called nonresidents.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.