LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 3, 2015 No. 432-V ZRK

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

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; Art. No. 21-22, 114, 115; No. 23-24, of Art. 116; 2014, No. 1, Art. 9; No. 4-5, of Art. 24; No. 7, Art. 37; No. 8, Art. 44, 49; No. 10, Art. 52; No. 11, Art. 63, 64, 65, 69; No. 12, Art. 82; No. 14, Art. 84; No. 16, Art. 90; No. 19-I, 19-II, Art. 96; No. 21, Art. 122; No. 22, Art. 128, 131; No. 23, Art. 143; No. 24, Art. 145; 2015, No. 7, Art. 34; No. 8, Art. 44, 45; No. 11, Art. 52; No. 14, Art. 72; No. 15, Art. 78; The Law of the Republic of Kazakhstan of October 27, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of special economic zones", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on October 29, 2015; The law of the Republic of Kazakhstan of October 27, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning development of road and transport infrastructure, transport logistics and air transportation", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on October 29, 2015; The Law of the Republic of Kazakhstan of October 27, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning regulation of trading activity", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on October 29, 2015; The Law of the Republic of Kazakhstan of October 29, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning agricultural cooperatives", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on October 31, 2015; The law of the Republic of Kazakhstan of October 29, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning entrepreneurship", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 3, 2015; The Law of the Republic of Kazakhstan of October 31, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of system of administration of law", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 3, 2015):

1) in all text of the word "about results of tax audit", "by results of tax audit", "results of tax audit", "results of tax audit", "results of tax audit" to replace respectively with the words "about results of check", "by results of check", "results of check", "results of check", "results of check";

2) in table of contents:

add Chapter 12 with heading of Article 135-4 of the following content:

"Article 135-4. The taxation of the taxpayer performing cargo hauling by the ocean ship registered in the international ship register of the Republic of Kazakhstan";

add Section 5 with headings of Chapter 17-2, of Articles 152-3 and 152-4 of the following content:

"Chapter 17-2. The taxation of the organization realizing the investment strategic project

Article 152-3. General provisions

Article 152-4. The taxation of the organization realizing the investment strategic project";

to state heading of Article 233 in the following edition:

"Article 233. Turnovers on the realization performed under agreements of the order";

add with headings of Articles 233-2, 264-1 and 273-1 of the following content:

"Article 233-2. Turnovers on the realization performed according to the freight forwarding agreement";

"Article 264-1. Features of the statement of invoices under agreements which conditions correspond to terms of the contract of the commission";

"Article 273-1. Features of return of exceeding of the value added tax in some cases";

369, of 386, 438 and 451 to state headings of Articles in the following edition:

"Article 369. Terms and payment procedure of tax";

"Article 386. The tax rates on the parcels of land allocated under the car parks (parkings), gas stations occupied under casino, and also which are not used in the corresponding purposes or used with violation of the law of the Republic of Kazakhstan";

"Article 438. Payment procedure (transfers) of compulsory pension contributions, compulsory professional pension contributions, social assignments, assignments and (or) fees on compulsory social medical insurance";

"Article 451. Feature of calculation of separate types of tax";

to state heading of Article 598 in the following edition:

"Article 598. Procedure for submission of data on lack (availability) of debt according to which account is kept in tax authorities";

add Chapter 87 with heading of Article 624-1 of the following content:

"Article 624-1. Procedure for carrying out monitoring";

to state heading of paragraph 3 of Chapter 89 in the following edition:

"Paragraph 3. Determination of the taxation objects and (or) objects connected with the taxation, in some cases, including indirect method";

add with heading of Article 661-1 of the following content:

"Article 661-1. Submission of data on availability of the tax liabilities of physical persons";

to state headings of Articles 672 and 682 in the following edition:

"Article 672. Suspension and (or) prolongation of term of consideration of the claim";

"Article 682. Suspension and (or) prolongation of term of consideration of the claim";

3) in Item 1 of Article 12:

45) to state the subitem in the following edition:

"45) the electronic taxpayer - the taxpayer interacting with tax authorities by electronic method on the basis of the tax statement for the registration accounting of the electronic taxpayer according to the procedure established by this Code;";

add with subitem 46-1) of the following content:

"46-1) accompanying waybill on goods - the document processed electronically in cases, procedure in form and in terms which are established by this Code;";

4) in Article 13:

to state subitem 8-1) of Item 1 in the following edition:

"8-1) on demand to receive according to the procedure and terms which are established by this Code, data on lack (availability) of debt according to which account is kept in tax authorities according to the procedure, established by authorized body (further - debt on which account is kept in tax authorities);";

add with Item 2-1 of the following content:

"2-1. The taxpayer has the right to provide to tax authority of the data on the phone numbers and e-mail addresses for the purposes of informing on availability of the tax liabilities on tax on vehicles, the land tax and the property tax of physical persons.";

Item 1 of Article 14 to add 5) with subitems 9) and 10) of the following content:

"9) to draw up accompanying waybills on goods:

when moving goods on the territory of the Republic of Kazakhstan - no later than day of the beginning of movement;

in case of commodity importation on the territory of the Republic of Kazakhstan:

from the territory of the states which are not members of the Customs union - no later than the day following behind day of release of goods in free circulation;

from the territory of state members of the Eurasian Economic Union - no later than day of crossing of Frontier of the Republic of Kazakhstan.

Rules of registration, use, form and terms of execution of accompanying waybills on goods affirm authorized body;

To provide 10) when conducting check access to viewing of the data of the software and (or) information system specified in the subitem 4) of Item 1 of article 19 of this Code and also to represent the specified electronically stored datas and (or) their copies on papers.

The obligation on data presentation of the software and (or) the information system specified in the subitem 4) of Item 1 of article 19 of this Code on electronic media concerns to the large taxpayers who are subject to monitoring.

At the same time the procedure for access to viewing of the data of the software and (or) information system of the taxpayer (tax agent) intended for automation of accounting and tax accounting affirms authorized body.";

Part the second Item 1 of Article 17 to state 6) in the following edition:

"The provision of this Item is not applied in case of representation:

1) the tax statement for change of information about the head of legal resident person, its structural division, structural division of legal nonresident person;

2) tax statements on the value added tax the taxpayer struck off the registration register on the value added tax according to the decision of tax authority according to item 4 of Article of 571 of this Code;

3) the tax statement for statement on registration accounting on the value added tax.";

The subitem 4) of Item 1 of Article 19 to state 7) in the following edition:

"4) to demand from the taxpayer (the tax agent, the operator) of access to viewing and (or) provision on electronic media and (or) on papers of data of the software intended for automation of accounting and tax accounting, and (or) the information system containing data of source accounting documents, bookkeeping registers, information on the taxation objects and (or) objects connected with the taxation, in case of use by the taxpayer (the tax agent, the operator) of such software and (or) information system, except for right of access to viewing of the data of the software and (or) information system of the banks and other organizations performing separate types of banking activities, containing the data on bank accounts of their clients which are bank secrecy according to the laws of the Republic of Kazakhstan;";

To state subitem 12-1) of Item 1 of Article 20 in the following edition:

"12-1) to transfer according to the procedure and the terms established by this Code, data on lack (availability) of debt according to which account is kept in tax authorities;";

The subitem 2) of item 4 of Article 35 to state 9) in the following edition:

"2) if the trustee on the date of emergence of trust management and during trust management treats persons applying provisions of Articles 134, of 135, 135-1, 181, of 182, of Chapters 17 and 63 of this Code.";

Subitems 3) and 4) parts one and part the second Item 2 of Article 37 to exclude 10);

Item 13 of Article 37-1 to state 11) in the following edition:

"13. After submission of the documents specified in Item 11 of this Article, and accomplishment of the provisions established by Items 11 and 12 of this Article, the tax authority sends to the state body performing state registration, re-registration of legal entities, state registration of the termination of activities of legal entities, accounting registration, re-registration, removal from accounting registration of structural divisions, data on lack (availability) of debt on which account is kept in tax authorities, on the liquidated legal entity according to the procedure and terms, stipulated in Clause the 598th of this Code.";

12) in Article 37-2:

5) and 6) parts one and part the second Item 2 to exclude subitems;

state Item 9 in the following edition:

"9. After accomplishment of provisions, stipulated in Item the 8th this Article, the tax authority sends to the state body performing state registration, re-registration of legal entities, state registration of the termination of activities of legal entities, accounting registration, re-registration, removal from accounting registration of structural divisions, data on lack (availability) of debt on which account is kept in tax authorities, on the liquidated legal entity according to the procedure and terms, stipulated in Clause the 598th of this Code.";

Subitems 2) and 3) parts two and part third of Item 1 of Article 39 to exclude 13);

Subitems 3) and 4) parts two and part third of Item 1 of Article 40 to exclude 14);

Subitems 4) and 6) parts one and part the second Item 1 of Article 41 to exclude 15);

16) in Article 46:

add with Item 3-2 of the following content:

"3-2. For the purpose of application of Article 273-1 of this Code current of term of limitation period on the tax liability and the requirement for the value added tax for:

1) the period of construction of buildings and constructions of production appointment - begins after the termination of tax period in which such buildings and constructions are for the first time put into operation in the territory of the Republic of Kazakhstan;

2) the period of conducting exploration works and arrangement of the field - begins after the termination of tax period of which the beginning of export of the minerals extracted within the relevant contract for subsurface use, except for popular minerals, underground waters and therapeutic muds is the share.

At the same time, if export is performed till January 1, 2016, the current of term of limitation period begins since January 1, 2016.

For the purposes of charge or review of the estimated, added tax amount on value added specified in this Item, the current of term of limitation period begins after the termination of tax period in which the taxpayer provides the declaration on the value added tax with the requirement about return of exceeding of the value added tax.";

the second Item 6 to state part in the following edition:

"For the purposes of return by tax authorities of the confirmed amount of exceeding of the value added tax, the requirement about return for which is provided by the taxpayer within the term of limitation period provided by Items 2 and 3-2 of this Article, the term of limitation period for carrying out return and (or) offsetting, stipulated in Article 600th of this Code, constitutes five years after the termination of tax period in which reliability of the amount of exceeding of the value added tax shown to return is confirmed, including following the results of appeal of results of check according to the legislation of the Republic of Kazakhstan.";

Item 1 of Article 48 to state 17) in the following edition:

"1. The decision about stipulated in Article 47-1 of this Code 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 higher tax authority in relation to tax authority in which the taxpayer is registered in the location.";

18) part third of Item 7 of article 68 after words of "tobacco products" to add with words ", products with the heated tobacco, liquids for use in electronic cigarettes";

Item 2 of Article 73 to state 19) in the following edition:

"2. Within three working days from the date of receipt of the tax statement for suspension (prolongation, renewal) of submission of tax statements the tax authority makes the decision on suspension of submission of tax statements or on refusal in suspension of submission of tax statements in the form established by authorized body.";

20) in Article 74:

the paragraph one of Item 1 to state in the following edition:

"1. The taxpayer according to the procedure, the established this Article having the right based on the tax statement for suspension (prolongation, renewal) of submission of tax statements:";

state Item 2 in the following edition:

"2. The decision of tax authority on suspension of submission of tax statements is passed in the form established by authorized body in day of submission of the tax statement.";

21) in Article 77:

add with Item 4-2 of the following content:

"4-2. For the purpose of implementation of monitoring of large taxpayers the authorized body establishes forms of tax registers which contain information:

on the corporate income tax;

on the excess profit tax;

on the value added tax;

on severance tax;

about the planned indicators of financial and economic activities of the large taxpayer the current and forthcoming calendar years.";

to state part one of Item 6 in the following edition:

"6. If other not stipulated in Clause 624 of this Code, tax registers are represented to officials of tax authorities when conducting documentary checks on papers and (or) on electronic media - upon the demand of officials of the tax authorities performing check.";

Article 96 to state 22) in the following edition:

"Article 96. The received property is non-paid

1. If other is not established by this Code, the cost of any property, including works and services received by the taxpayer gratuitously is its income.

2. The income in type gratuitously of the received property, including works and services, is recognized tax period in which such property is received, works are performed, services are rendered.

3. Cost gratuitously of the received property, including works and services, is determined by accounting data according to International Financial Reporting Standards and requirements of the legislation of the Republic of Kazakhstan about financial accounting and the financial reporting.

4. Cost gratuitously of the received property in the form of quota for emissions of greenhouse gases received according to the National plan of distribution of quotas for emissions of greenhouse gases according to the procedure, established by authorized body in the field of environmental protection, is recognized equal to zero.

5. The property value, including works, services, of this Code received according to Item 11 of article 100, is not recognized gratuitously the received property.";

Item 12 of Article 100 to add 23) with part seven of the following content:

"Provisions of this Article are not applied on the value added tax on goods, works, services which cost is subject to reference on deductions according to Item 1-2 of article 111 of this Code.";

The subitem 2) of Item 1 of Article 110 to state 24) in the following edition:

"2) the inventory stocks included in cost and such inventory stocks which are subject to reference on deductions through cost which is determined according to International Financial Reporting Standards and requirements of the legislation of the Republic of Kazakhstan about financial accounting and the financial reporting;";

25) in Article 111:

the paragraph one of Item 1 to state in the following edition:

"1. The expenses which are actually made by the subsoil user until the beginning of production after commercial detection on geological studying, investigation, preparatory work for mining, including expenses by assessment, arrangement, total administrative expenses, the amounts of the paid subscription bonus, including the amount of the subscription bonus paid according to the subitem 1) of Item 1 of article 315 of this Code, and bonus of commercial detection, costs on acquisition and (or) creation of fixed assets and intangible assets, except for the assets specified in subitems 1-1), 2) - 5), 7) - 11), 11-1), 12) and 13) of Item 2 of article 116 of this Code, and other expenses which are deductible according to this Code form separate group of depreciable assets. At the same time treat the expenses specified in this Item:";

the paragraph one of part one of Item 1-2 to state in the following edition:

"1-2. If the well is liquidated because according to the legislation of the Republic of Kazakhstan on subsoil and subsurface use in case of its testing industrial inflow of hydrocarbonic raw material is not received (further for the purpose of this Item - unproductive well), then actually made construction expenses and liquidation of such well including tax on value added belong on deductions in the following procedure:";

Article 111-1 to state 26) in the following edition:

"Article 111-1. Deductions on expenses on preparatory work for uranium production by method of underground borehole lixiviation after the beginning of production after commercial detection

1. Costs (expenses) on the acquisition and (or) creation of depreciable assets which is actually suffered by the subsoil user by preparation of operational blocks (polygons) for uranium production by method of underground borehole lixiviation during the period after the moment of the beginning of production after commercial detection form separate group of depreciable assets within the relevant contract for subsurface use.

Treat the depreciable assets specified in this Item:

1) the otkachny, zakachny and observation technological wells, operational exploratory wells built on blocks (polygons) including costs on geophysical surveys on them;

2) the technological pipelines built from operational blocks (polygons) to peskootstoynik on the industrial platform of the site of conversion of productive solutions including zakachny and otkachny collectors on blocks (polygons);

3) the technological pipelines built between blocks (sites of polygon);

4) the technological pipelines built on blocks (polygons);

5) the technological nodes of acidulation built on blocks (polygons);

6) the nodes of distribution of productive solutions built on blocks (polygons);

7) the nodes of acceptance of technical solutions built on blocks (polygons);

8) receiving nodes of acid and warehouse of liquid reactants, and also the kislotoprovoda built on blocks (polygons);

9) the technological pumping points with the equipment and the control instrumentation established on blocks (polygons);

10) the pumps for transfer of solutions with the equipment and the control instrumentation established on blocks (polygons) at stage of mountain preparatory work;

11) the submersible pumps with cases of management established on the built wells at stage of mountain preparatory work;

12) the subjects of energy supply established or built on blocks (polygons): transformer substations, compressor stations, air power lines, cable lines;

13) the equipment of control and automation of processes established on blocks (polygons);

14) air ducts on blocks (polygons);

15) access technological highways to blocks (polygons) and in blocks;

16) peskootstoynik or reservoirs of productive solutions and the lixivating solutions on blocks (polygons);

17) protection against blowing of sands on blocks (polygons).

The cost of the depreciable assets specified in this Item joins costs (expenses) on acquisition and (or) creation of assets, and also other costs (expenses) which are subject to inclusion according to International Financial Reporting Standards and requirements of the legislation of the Republic of Kazakhstan about financial accounting and the financial reporting in the cost of such assets.

At the same time in the cases provided by this Code, the size of the expenses specified in this Item, carried in separate group of depreciable assets shall not exceed the established regulations for reference of such expenses on deductions for the purposes of the corporate income tax.

2. Costs (expenses) specified in Item 1 of this Article are subtracted from gross annual income in the form of the depreciation charges from the moment of the beginning of production after commercial detection of minerals.

At the same time the amount of the depreciation charges estimated according to this Article belongs on deduction within the amount of the depreciation charges of such group of the assets estimated according to accounting data of the taxpayer.

The amount of the depreciation charges is determined according to accounting method of the group of depreciable assets formed according to Item 1 of this Article by blocks or the field in general (polygon) on the following formula:

                                                            C1 + C2 + C3

                                                      S =-------------------- x V 4, where:

                                                           V1 + V2 + V3

S - amount of the depreciation charges;

C1 - the cost of separate group of depreciable assets for the beginning of tax period;

C2 - the costs (expenses) on the preparatory work for production specified in Item 1 of this Article, made in the current tax period;

C3 - the cost of the separate group of depreciable assets specified in Item 3 of this Article acquired at the third parties or received as contribution to the authorized capital in connection with subsurface use acquisition of right;

V1 - physical amount of uranium inventories, ready to production, for the beginning of tax period;

V2 - physical amount of uranium inventories, ready to production, on which in tax period all amounts of preparatory work for production are complete;

V3 - physical amount of the inventories of uranium, ready to production, acquired at the third parties or received as contribution to the authorized capital in connection with subsurface use acquisition of right;

V4 - physical amount of the extinguished uranium inventories taking into account the normalized losses in subsoil for tax period.

For tax period worth 2009 year of separate group of depreciable assets for the beginning of tax period the amount of accumulated costs (expenses) on preparation for uranium production determined according to Item 1 of this Article as of January 1, 2009 is recognized.

In subsequent tax periods after 2009 the cost of separate group of year of depreciable assets for the beginning of tax period is the cost of the specified group of assets for the end of the previous tax period determined in the following procedure:

the cost of separate group of depreciable assets for the beginning of tax period

plus

costs (expenses) specified in Item 1 of this Article the preparatory work for production performed in the current tax period

plus

costs on acquisition at the third parties of the group of depreciable assets specified in Item 3 of this Article

plus

the cost of the group of depreciable assets received as contribution to the authorized capital, specified in Item 3 of this Article

minus

the amount of the depreciation charges for tax period.

For tax period of 2009 in physical amount of uranium inventories, ready to production, for the beginning of tax period the physical amount of uranium inventories, ready to production, as of January 1, 2009 is recognized.

In subsequent tax periods after 2009 amount of uranium inventories, ready to production, for the beginning of tax period is the physical amount of inventories, ready to production, for the end of the previous tax period determined in the following procedure:

physical amount of uranium inventories, ready to production, for the beginning of tax period

plus

physical inventory quantity of uranium on which in tax period all amounts of preparatory work for production are complete,

plus

physical amount of the inventories of uranium, ready to production, acquired at the third parties or received as contribution to the authorized capital in connection with subsurface use acquisition of right

minus

amount of the extinguished uranium inventories taking into account the normalized losses in subsoil during tax period.

If the number of the actual amount of the extinguished uranium inventories for the entire period of working off of the operational block is less than number of the actual amount of inventories of uranium of this operational block, ready to production, the rest of cost of depreciable group of assets of this operational block belongs on deduction in that tax period in which it is written off in financial accounting of the taxpayer on production cost of production and primary conversion (enrichment).

In case of completion of activities for subsurface use within the separate contract for production or the combined exploration and production provided that the subsoil user completed activities for subsurface use after the beginning of production after commercial detection, the cost of separate group of depreciable assets for the end of tax period is deductible in tax period in which such activities are complete.

3. The procedure established by this Article is applied also to the separate group of depreciable assets specified in Item 1 of this Article acquired at the third parties and (or) received as contribution to the authorized capital in connection with subsurface use acquisition of right.

In case of receipt in connection with acquisition at the third parties of the separate group of depreciable assets specified in Item 1 of this Article, the cost of such group of assets is the cost of its acquisition determined according to International Financial Reporting Standards and requirements of the legislation of the Republic of Kazakhstan about financial accounting and the financial reporting. When obtaining as contribution to the authorized capital of the separate group of depreciable assets specified in Item 1 of this Article, the cost of such group of assets is the contribution cost specified in constituent documents of the legal entity.";

Items 4 and the 5th Article 135-3 to state 27) in the following edition:

"4. The organization performing activities for the organization and holding the international specialized exhibition in the territory of the Republic of Kazakhstan keeps separate tax accounting of the taxation objects and (or) objects connected with the taxation for the purpose of calculation of the tax liabilities on the corresponding types of activity specified in Item 1 of this Article, and other activities.

5. The organization performing activities for the organization and holding the international specialized exhibition in the territory of the Republic of Kazakhstan having no right to apply other provisions of this Code on such activities providing reduction of the corporate income tax estimated according to article 139 of this Code by 100 percent.";

Chapter 12 to add 28) with Article 135-4 of the following content:

"Article 135-4. The taxation of the taxpayer performing cargo hauling by the ocean ship registered in the international ship register of the Republic of Kazakhstan

1. The taxpayer performing cargo hauling by the ocean ship registered in the international ship register of the Republic of Kazakhstan reduces the corporate income tax estimated according to article 139 of this Code according to the income from transportation of goods by the ocean ship registered in the international ship register of the Republic of Kazakhstan by 100 percent.

2. The income of the taxpayer performing cargo hauling by the ocean ship registered in the international ship register of the Republic of Kazakhstan from implementation of the activities which are not specified in Item 1 of this Article is subject to taxation by the corporate income tax in generally established procedure.

3. The taxpayer performing cargo hauling by the ocean ship registered in the international ship register of the Republic of Kazakhstan keeps separate tax accounting of the taxation objects and (or) objects connected with the taxation for the purpose of calculation of the tax liabilities on the corresponding type of activity specified in Item 1 of this Article, and other activities.

4. The taxpayer performing cargo hauling by the ocean ship registered in the international ship register of the Republic of Kazakhstan having no right to apply other provisions of this Code on such activities providing reduction of the corporate income tax estimated according to article 139 of this Code by 100 percent.";

29) in Article 141:

to state part one of Item 3 in the following edition:

"3. The amount of advance payments on the corporate income tax which is subject to payment for the period before delivery of the declaration on the corporate income tax for the previous tax period, estimated (added) according to items 4 and 4-1 this Article is paid by equal shares for every month of the first quarter of accounting tax period to terms, stipulated in Item 2 Articles 142 of this Code.";

add item 4 with part three of the following content:

"If the taxpayer underestimated the amount of advance payments in calculation of the amount of advance payments for the corporate income tax which is subject to payment for the period before delivery of the declaration on the corporate income tax for the previous tax period, the tax authority has the right to make charge of the amount of advance payments for the specified period in the amount of positive difference between the amount of advance payments determined according to the procedure, the established part two of this Item, and the amount of advance payments specified in such calculation on payment due dates, stipulated in Item 2 Articles 142 of this Code.";

Item 2 of Article 152-1 to state 30) in the following edition:

"2. If changes and (or) amendments of the tax legislation of the Republic of Kazakhstan provide increase in rates of taxes, charges and payments, the organization which signed the investment contract for implementation of the investment priority project determines the tax liabilities on which the taxpayer according to provisions of this Code shall represent tax statements, on the activities connected with implementation of the investment priority project for rates which affected date of the conclusion of this investment contract.

Provisions of this Item are applied in time, established for application of Item 1 of Article 152-2 of this Code.";

Section 5 to add 31) with Chapter 17-2 of the following content:

"Chapter 17-2. The taxation of the organization realizing the investment strategic project

Article 152-3. General provisions

1. For the purposes of of this Code the organization realizing the investment strategic project is the legal entity who is at the same time corresponding to the following conditions:

The legal entity according to the legislation of the Republic of Kazakhstan in the field of investments concluded 1):

till January 1, 2015 the investment contract for implementation of investments providing implementation of the investment strategic project;

the supplementary agreement to the specified investment contract providing preferences on taxes;

2) the activities of the legal entity performed according to the investment strategic project correspond to the list of the priority types of activity determined for implementation of the investment priority project;

3) the legal entity keeps separate account according to the income and expenses received (suffered) in case of operation of the objects entered within the investment strategic project, separately from the income and expenses received (suffered) not within the investment strategic project according to the principles of conducting separate tax accounting provided by this Code.

2. If changes and (or) amendments of the tax legislation of the Republic of Kazakhstan provide increase in rates of taxes, charges and payments, the organization realizing the investment strategic project, the tax liabilities for taxes and other obligatory payments in the budget on which the taxpayer according to provisions of this Code shall represent tax statements for the activities connected with implementation of the investment strategic project determines by rates which affected date of the conclusion of the supplementary agreement to the investment contract providing investment preferences for the investment strategic project.

Provisions of this Item are applied in time, established for application of Item 1 of Article 152-2 of this Code.

3. Cases of early termination of operation of the investment contract for implementation of the investment strategic project are determined according to the legislation of the Republic of Kazakhstan in the field of investments.

4. In case of early termination of operation of the investment contract for implementation of the investment strategic project of preference on taxes and guarantee of stability of the tax legislation of the Republic of Kazakhstan are cancelled from the date of the conclusion of the supplementary agreement to the specified investment contract providing investment preferences for the investment strategic project.

In case of early termination of the investment contract for implementation of the investment strategic project the taxpayer shall no later than thirty calendar days from the date of termination of the investment contract provide the additional tax statements providing increase in the amount of the taxes which are subject to payment in the budget for tax periods since date of the conclusion of this investment contract on date of its termination inclusive.

Article 152-4. The taxation of the organization realizing the investment strategic project

1. The organization which is realizing the investment strategic project and not applying special tax regime:

1) is reduced by the corporate income tax estimated according to article 139 of this Code from the activities performed within the investment strategic project by 100 percent;

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