The convention between the Government of the Republic of Kazakhstan and the Government of Turkmenistan on avoidance of double taxation and prevention of evasion from the taxation concerning taxes on the income and on the capital

of February 27, 1997

The government of the Republic of Kazakhstan and the Government of Turkmenistan, being guided by the aspiration to strengthen and develop commercial, scientific, technical and cultural ties between both States and wishing to sign the Convention on avoidance of double taxation and prevention of evasion from the taxation concerning taxes on the income and on the capital, agreed about the following.

Article 1. Persons to whom the Convention is applied

This Convention is applied to persons who are residents of one or both Contracting States.

Article 2 Taxes to which the Convention extends

1. This Convention is applied to the taxes on the income and on the capital levied on behalf of the Contracting State or its administrative-territorial divisions or regional authorities irrespective of method of their collection.

2. All types of tax levied from total of income, from the total amount of the capital, or from separate elements of the income or the capital including taxes on the income from alienation of personal or real estate, taxes levied from the total amount of salary or salary paid by the companies and also the taxes levied from the income from capital value addition are considered as taxes on the income and on the capital.

3. The existing taxes to which the Convention extends are, in particular:

a) in the Republic of Kazakhstan:

(i) tax on the income of legal entities and physical persons;

(ii) property tax of legal entities and physical persons; (further referred to as as "the Kazakhstan taxes");

b) in Turkmenistan:

(i) income tax (income);

(ii) the income tax from physical persons;

(iii) tax for use of natural resources;

(iv) property tax of the companies;

(v) payment for the earth;

(hereinafter referred to as as "taxes of Turkmenistan").

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