LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 5, 2013 No. 152-V ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan on the tax matters

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Code of the Republic of Kazakhstan of December 10, 2008 "About taxes and other obligatory payments in the budget" (Tax code) (Sheets of Parliament of the Republic of Kazakhstan, 2008, No. 22-I, 22-II, Art. 112; 2009, Art. No. 2-3, 16, 18; No. 13-14, of Art. 63; No. 15-16, of Art. 74; No. 17, Art. 82; No. 18, Art. 84; No. 23, Art. 100; No. 24, Art. 134; 2010, No. 1-2, of Art. 5; No. 5, Art. 23; No. 7, Art. 28, 29; No. 11, Art. 58; No. 15, Art. 71; No. 17-18, of Art. 112; No. 22, Art. 130, 132; No. 24, Art. 145, 146, 149; 2011, No. 1, Art. 2, 3; No. 2, Art. 21, 25; No. 4, Art. 37; No. 6, Art. 50; No. 11, Art. 102; No. 12, Art. 111; No. 13, Art. 116; No. 14, Art. 117; No. 15, Art. 120; No. 16, Art. 128; No. 20, Art. 151; No. 21, Art. 161; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 11, 15; No. 3, Art. 21, 22, 25, 27; No. 4, Art. 32; No. 5, Art. 35; No. 6, Art. 43, 44; No. 8, Art. 64; No. 10, Art. 77; No. 11, Art. 80; No. 13, Art. 91; No. 14, Art. 92; No. 15, Art. 97; No. 20, Art. 121; No. 21-22, of Art. 124; No. 23-24, of Art. 125; 2013, No. 1, Art. 3; No. 2, Art. 7, 10; No. 3, Art. 15; No. 4, Art. 21; No. 8, Art. 50; No. 9, Art. 51; No. 10-11, of Art. 56; No. 12, Art. 57; No. 14, Art. 72; No. 15, Art. 76, 81, 82; No. 16, Art. 83):

1) in table of contents:

add with heading of Article 51-2 of the following content:

"Article 51-2. Procedure for change of completion dates of the tax liability on the tax discharge of the re-structured organization";

to state headings of Articles 71 and 72 in the following edition:

"Article 71. Prolongation of terms of submission of tax statements on monitoring

Article 72. Prolongation of terms of submission of tax statements, except for tax statements on monitoring";

to exclude heading of Article 79;

add with headings of Articles 89-1, 105-1, 106-1, of paragraph 5-1 of Chapter 11, of Articles 130-1, 130-2 and 130-3 of the following content:

"Article 89-1. The income of the insurance, reinsurance organization according to insurance contracts, reinsurance";

"Article 105-1. Deductions of the insurance, reinsurance organization";

"Article 106-1. Deduction on reduction of assets of reinsurance on not earned premiums and not event to losses";

"Paragraph 5-1. Long-term contracts

Article 130-1. General provisions

Article 130-2. Procedure for determination of the income according to the long-term contract in case of application of the actual method

Article 130-3. Procedure for determination of the income according to the long-term contract in case of application of method of completion";

The word of "November" to replace 2) in Item 2 of Article 3 with the word of "December";

3) in Article 12:

in Item 1:

14) to state the subitem in the following edition:

"14) dividends - the income:

subject to payment per shares, including according to the shares which are underlying assets of depositary receipts;

subject to payment for shares of mutual investment fund, except for the income on shares in case of their redemption managing company of fund;

in the form of part of the net income distributed by the legal entity between his founders, participants;

from distribution of property in case of liquidation of the legal entity or in case of reduction of the authorized capital by pro rata reduction of the size of deposits of founders, participants or by complete or partial repayment of shares of founders, participants, and also in case of return to the founder, participant of share or its part in the legal entity;

subject to payment for Islamic participation certificates;

received by the shareholder, the participant, the founder or their interconnected party from the legal entity in type:

positive difference between market price of goods, works, services and the price at which such goods, works, services are realized to the shareholder, the participant, the founder or their interconnected party;

negative difference between market price of goods, works, services and the price at which such goods, works, services are acquired at the shareholder, the participant, the founder or their interconnected party;

costs of the expenses or obligations which are not connected with business activity of the legal entity, arising at its shareholder, the participant, the founder or their interconnected party before the third party settled by the legal entity without its compensation by the shareholder, founder, participant or their interconnected party to the legal entity;

any property and material benefit provided by the legal entity to the shareholder, the participant, the founder or their interconnected party, except for the income reflected in Articles 163-165 of this Code, and the income from sales of goods, works, services.

The income from distribution of property specified in this subitem is determined in the following procedure:

Д = The joint venture - SU,

where:

Д - income from distribution of property;

The joint venture - property value, received (received) in case of distribution property including received (received) in exchange earlier brought;

Sou - the property value specified in constituent documents of the legal entity, but no more than the size of actually made contribution.

The positive or negative difference specified in this subitem is determined in case of adjustment of the taxation objects. At the same time adjustment of the taxation objects is made in the cases and procedure established by the legislation of the Republic of Kazakhstan on transfer pricing. For the purposes of this subitem the interconnected parties are determined according to Item 1-1 of this Article;";

state subitem 19-1) in the following edition:

"19-1) investment gold - gold on which there is certificate or other document issued by body for confirmation of conformity or the test laboratory accredited in the procedure established by the legislation of the Republic of Kazakhstan, for confirmation of conformity of such gold to the national or international standard of quality, corresponding to the following conditions:

for gold coins:

such gold coins have no numismatical value;

purity of gold coins is equal or exceeds 900 thousand shares on 1 000 shares of lump (that there correspond to the 900th test, 900 per milles, 90,0 to percent or 21,6 of carat).

Coins of national currency for the purposes of of this Code are not recognized investment gold.

At the same time the gold coin is recognized the having numismatical value in case of compliance to one of the following conditions:

it is rapped out till 1800;

it is rapped out on the technology providing smooth surface, quality "proof" (proof);

no more than 1 000 copies have release circulation;

its market price exceeds the cost of the gold containing in coin, more than for 80 percent.

Market price of gold coin is determined by multiplication of morning fixing (the quotation of the price) of gold which is established (which is established) by the London association of the market of precious metals for date of realization of gold coin, on the market rate of currency exchange established for the specified date;

for other gold:

such gold is made in the form of ingot and (or) plate;

purity of such gold is equal or exceeds 995 thousand shares on 1 000 shares of alloyed weight (that there correspond to the 995th test, 995 per milles, 99,5 of percent or 23,88 of carat);";

add with subitem 21-1) of the following content:

"21-1) confidentiality agreements - the agreement (agreement) between the subsoil user and authorized body on studying and use of subsoil based on which geological information is provided in use. The agreement (agreement) on acquisition of information belongs to such agreement (agreement) including;";

39) to state the subitem in the following edition:

"39) remuneration - all payments:

connected with the credit (loan, the microcredit), (issued) credit amount (loan, the microcredit) except for received, the commissions for money transfer by banks and other payments to person who is not for the borrower the creditor, the interconnected party;

connected with the credit (loan) on which right to claim is yielded by bank of the affiliated organization acquiring doubtful and bad assets of parent bank, (issued) credit amount (loan), the commissions for money transfer by banks except for received and other payments to person who is not for the borrower the creditor, the interconnected party;

connected with the credit (loan) on which right to claim is yielded by bank of the organization specializing in improvement of quality of credit portfolios of banks of the second level which hundred percent of voting shares belong to National Bank of the Republic of Kazakhstan, (issued) credit amount (loan), commissions for money transfer by banks except for received and other payments to person who is not for the borrower the creditor, the interconnected party;

connected with cession of property under the agreement of financial leasing, including with such agreement of payment to the interconnected party, except for:

to the cost at which such property is received it (is transferred),

payments in connection with change of the size of leasing payments in case of application of coefficient (index) in accordance with the terms of the agreement of financial leasing,

payments to person who is not for the leasing recipient lessor, the interconnected party;

on deposits (deposits), except for the deposit amount (deposit), and also payments to person which is not for the party which accepted contribution (deposit), the investor (depositor), interconnected by the party;

connected with the agreement of accumulative insurance, except for the size of insurance sum, payments to person which is not for the insurer the insurer interconnected by the party;

according to debt securities in the form of discount or the coupon (taking into account discount or award from the cost of primary placement and (or) acquisition value), payments to person which is for person paying remuneration, the holder of its debt securities interconnected by the party;

on the bill of exchange, except for the amount specified in the bill of exchange, payments to person which is not for the drawer the holder of its bills of exchange interconnected by the party;

on transactions of repo - in the form of difference between closing price and opening price of repo;

according to Islamic rent certificates.

For the purpose of this subitem remuneration the remunerations paid on bank account agreements are also recognized.";

The subitem 8) of Item 1 of Article 13 to state 4) in the following edition:

"To receive 8) according to the tax statement according to the procedure and terms which are established by this Code, the following types of references:

about lack (availability) of tax debt, debt on the compulsory pension contributions compulsory for professional pension contributions and social assignments;

about the amounts of income gained by the nonresident from sources in the Republic of Kazakhstan and the withheld (paid) taxes;";

The subitem 12) of Item 1 of Article 19 to state 5) in the following edition:

"12) to make in courts claims for recognition of transactions invalid, to liquidation of the legal entity on the bases provided by subitems 1) and 2) of Item 2 of Article 49 of the Civil code of the Republic of Kazakhstan and also other claims according to the legislation of the Republic of Kazakhstan.";

The subitem 12) of Item 1 of Article 20 to state 6) in the following edition:

"To represent 12) according to the tax statement of the taxpayer (the tax agent, the operator) according to the procedure and the terms established by this Code, the following types of references:

about lack (availability) of tax debt, debt on the compulsory pension contributions compulsory for professional pension contributions and social assignments;

about the amounts of income gained by the nonresident from sources in the Republic of Kazakhstan, and the withheld (paid) taxes;";

Item 9 of Article 37 to state 7) in the following edition:

"9. If the liquidated legal entity before date of removal from registration accounting on the value added tax has the amount of exceeding of the value added tax carried in offsetting, over the amount of the accrued tax, subject to return according to Article 272 of this Code, the specified exceeding is subject to return to the liquidated legal entity according to the procedure, established by Articles 273, 600 and 603 of this Code.";

To state Item 1-1 of Article 39 in the following edition:

"1-1. Execution of the tax liability of the reorganized legal entity is assigned to his legal successor (legal successors), except for submissions of the tax statements specified in the subitem 1) to part two of Item 1 of this Article.";

Item 6-1 of Article 40 to state 9) in the following edition:

"6-1. Execution of the tax liability of the reorganized legal entity is assigned to his legal successor (legal successors), except for submissions of the tax statements specified in the subitem 2) to part two of Item 1 of this Article.";

2) parts one of Item 10 of Article 41, the subitem 2) parts one of Item 9 of Article 42 and the subitem 2) of Item 12 of Article 43 of the word of "law-enforcement body" to exclude 10) in the subitem;

Item 5 of Article 46 to state 11) in the following edition:

"5. If other is not established by this Item, in case of submission of additional tax statements by the taxpayer (tax agent) for the period on which the term of limitation period, stipulated in Item 1 this Article, expires less than in one calendar year, the specified term of limitation period is prolonged regarding charge and (or) review of assessed taxes and other obligatory payments in the budget for one calendar year.

In case of submission of additional tax statements by the taxpayer (tax agent) with changes and amendments regarding transfer of losses for the period on which the term of limitation period, stipulated in Item 1 this Article, expires less than in one calendar year the specified term of limitation period is prolonged regarding charge and (or) review of the estimated amount of the corporate income tax of the budget for three calendar years.";

Items 1, 3 and 4 Articles 47 to state 12) in the following edition:

"1. Under change of completion dates of the tax liability on tax payment and (or) penalty fee transfer of the due date for tax payment established by this Code (except the taxes withheld at source of payment, excises and the value added tax on imported goods) and (or) penalty fee for later term, but no more than on twelve calendar months is recognized if other not stipulated in Clause 51-2 of this Code.

Change of completion dates of the tax liability on tax payment and (or) is made by penalty fee based on the statement of the taxpayer containing the reasons of transfer of the due date for tax payment and (or) penalty fee, except for case, stipulated in Clause 51-2 of this Code.";

"3. If other not stipulated in Clause 51-2 of this Code, change of completion dates of the tax liability on tax payment do not exempt the taxpayer from payment of penalty fee for untimely payment of the amounts of taxes according to article 610 of this Code.

4. Change of completion dates of the tax liability on tax payment and (or) is made by penalty fee if other is not established by legal acts of the Republic of Kazakhstan and Article 51-2 of this Code, on the security of property of the taxpayer and (or) the third party, and (or) under guarantee of bank according to the procedure, established by this Chapter.";

Item 1 of Article 48 to state 13) in the following edition:

"1. The decision on change of completion dates of the tax liability on tax payment and (or) the penalty fee arriving in the republican budget, and also distributed between republican and local budgets, is accepted by authorized body if other is not established by legal acts of the Republic of Kazakhstan and Article 51-2 of this Code.";

To add 14) with Article 51-2 of the following content:

"Article 51-2. Procedure for change of completion dates of the tax liability on the tax discharge of the re-structured organization

1. Provisions of this Article are applied by the re-structured organization to the corporate income tax estimated and which is subject to payment for tax period in which such organization performs restructuring of obligations to creditors according to the restructuring plan approved by court.

For the purposes of this Article the re-structured organization is understood as the taxpayer, except for banks of the second level, at the same time corresponding to the following conditions:

1) is legal resident person with participation of the state in the authorized capital;

2) carrying out restructuring for execution by such legal entity of obligations to creditors is performed according to the procedure, established by Chapter 6-1 of the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan";

3) on acceptance date court of the decision on carrying out restructuring for execution by such legal entity of obligations to creditors is the organization entering into banking conglomerate as the parent organization, except for banks.

2. Under change of completion date of the tax liability on payment of the corporate income tax of the re-structured organization transfer of the payment due date of tax on later completion date of obligations to creditors provided by the restructuring plan, but no more than for ten years from the date of stipulated in Clause 142 of this Code of payment due date of the corporate income tax estimated and which is subject to payment for the tax period specified in Item 1 of this Article established by this Code is recognized.

At the same time change of completion dates of the tax liability on payment of the corporate income tax is made in case of observance of conditions, stipulated in Item 3 these Articles.

Application by the re-structured organization of provisions of this Article is not allowed more than once.

3. The re-structured organization no later than the term of submission of the declaration for the corporate income tax for the tax period specified in Item 1 of this Article shall provide to tax authority in the location the notification on change of completion dates of the tax liability on payment of the corporate income tax according to this Article.

Along with the notification the re-structured organization submits the following documents:

1) notarially attested copy of the restructuring plan approved by National Bank of the Republic of Kazakhstan;

2) the copy of the judgment which took legal effect about carrying out restructuring certified by court;

3) the copy of the determination of court which took legal effect about approval of the restructuring plan certified by court.

4. Change of completion dates of the tax liability on the corporate income tax according to this Article is made without charge of penalty fee for untimely payment of such tax, and also without pledge of property of the taxpayer and (or) the third party, and (or) guarantee of bank.

5. Change of completion dates of the tax liability on the corporate income tax according to this Article is not made in case of non-compliance with this Article by the taxpayer of provisions.";

Item 1 of Article 57 to state 15) in the following edition:

"1. If other is not established by this Code, the taxpayer (tax agent) performs conducting tax accounting in tenge for accrual method according to the procedure and on the conditions established by this Code.";

16) in Article 63:

state Items 1 and 2 in the following edition:

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