of February 4, 2014 No. NK-13-YuL-E-81-NK-847
"Concerning the demurrage taxation"
Tax Committee
Ministries of Finance
Republic of Kazakhstan
The association of taxpayers of Kazakhstan (further - ANC), in connection with addresses of taxpayers, asks you to provide explanations concerning the demurrage taxation, according to the made changes in the Tax Code of the Republic of Kazakhstan since 01.01.2012.
According to subitem 16-1 of Item 1 of Art. 192 of the Tax code RK of 01.01.2012 the income in payment type for vessel idleness under materials handling operations over the lay days (demurrage) provided in the agreement (contract) to maritime transport is considered as the income of the nonresident from sources in the Republic of Kazakhstan and is subject to the taxation at source of payment for rate of 20% (Art. 194 of RK Oil Company). According to the subitem 6) of Article 1 of the Law of the Republic of Kazakhstan "About Merchant Shipping" demurrage the payment for kontrstaliyny time (period of time during which the vessel is under loading over lay days) is recognized.
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