LETTER OF THE TAX COMMITTEE OF THE MINISTRY OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of March 18, 2009 No. HK-21-22/2393

The Tax Committee of the Ministry of Finance of the Republic of Kazakhstan reports the following.

According to the subitem 8) Item 1 of article 258 of the Code of the Republic of Kazakhstan of December 10, 2008 "About taxes and other obligatory payments in the budget" (Tax code), enacted since January 1, 2009, the value added tax (further - the VAT) which is earlier carried in offsetting is subject to exception of offsetting in cases, stipulated in Item 2 articles 239 of the Tax Code.

According to the subitem 1) of Item 2 of article 239 of the Tax Code adjustment of the size of leviable turnover at the taxpayer is made in case of complete or partial return of goods.

Thus, in case of complete or partial return of goods from the buyer adjustment of the size of leviable turnover at the supplier of goods and, respectively, exception of offsetting at the buyer of goods of the VAT amounts which are earlier carried in offsetting is made.

According to Item 3 of article 239 of the Tax Code adjustment of the size of leviable turnover according to the specified Article is made in case of observance of at the same time following conditions:

1) availability of the documents which are the basis for carrying out adjustment in the cases specified in Item 2 of article 239 of the Tax Code;

2) availability of the additional invoice which contains negative (positive) value on leviable turnover and the value added tax.

Adjustment of the size of leviable turnover towards reduction shall not exceed the size of earlier reflected leviable turnover on realization of such goods, accomplishment of such works, rendering such services.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info