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

of May 22, 2009 No. HK-21-34/5463

The Tax Committee of the Ministry of Finance of the Republic of Kazakhstan, having considered your letter of 08.05.2009 No. 0910/6033, reports the following.

On the first question

According to Item 1 of article 249 of the Code of the Republic of Kazakhstan of 10.12.2008. "About taxes and other obligatory payments in the budget" (Tax code), realization of the residential building (part of the residential building) and (or) lease of such building (part of the building), including the sublease, are exempted from the value added tax (further - the VAT), except for:

realization or leases of the residential building (part of the residential building) used for provision of hotel services;

renderings of services on hotel accommodation.

Thus, lease of the parking spaces located in housing estate and which are part of the residential building is exempted from the VAT.

On the second question

According to article 229 of the Tax Code, objects of VAT liability are leviable turnover and leviable import.

By Item 1 of article 230 of the Tax Code it is determined that leviable turnover is the revolution made by the payer of the VAT:

on sales of goods, works, services in the Republic of Kazakhstan, except for the free turnover specified in article 232 of the Tax Code;

on acquisition of works, services from the nonresident who is not the payer of the VAT in the Republic of Kazakhstan and not performing activities through branch, representation.

According to article 232 of the Tax Code free turnover is turnover on sales of goods, works, services:

exempted from the VAT according to the Tax code;

which place of realization is not the Republic of Kazakhstan.

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