According to Article 305 of the Tax Code of the Republic of Kazakhstan, taxpayers, with the exception of those specified in paragraph 2 of this Article, in the manner prescribed by this article:
1) calculate and pay within the time limits established by paragraph 2
Articles 306 of this Code:
advance payments on corporate income tax payable in equal installments for each month of the first quarter of the reporting tax period (hereinafter for the purposes of this article – advance payments before the declaration);
advance payments on corporate income tax payable in equal installments for each month of the second, third, and fourth quarters of the reporting tax period (hereinafter, for the purposes of this article, advance payments after the declaration);
2) make up and submit to the tax authority at the location of the taxpayer:
calculation of the amount of advance payments on corporate income tax payable for the period before the submission of the corporate income tax declaration for the previous tax period (hereinafter, for the purposes of this article – calculation of advance payments before the declaration);
calculation of the amount of advance payments on corporate income tax payable for the period after the submission of the corporate income tax declaration for the previous tax period (hereinafter, for the purposes of this article – calculation of advance payments after the declaration).
Do not fulfill the tax obligations provided for in paragraph 1 of this article:
1) taxpayers whose total annual income, taking into account adjustments for the tax period preceding the previous tax period, does not exceed an amount equal to 325,000 times the monthly calculation index established by the law on the republican budget and effective on January 1 of the financial year preceding the previous financial year, unless otherwise provided by this paragraph;
2) unless otherwise stipulated by paragraph 3 of this article, newly created (arisen) taxpayers – during the tax period in which the state (accounting) registration with the judicial authority was carried out, as well as during the subsequent tax period;
3) non-resident legal entities newly registered with the tax authorities as taxpayers, operating in the Republic of Kazakhstan through a permanent establishment without opening a structural subdivision of a legal entity, during the tax period in which registration with the tax authorities was carried out, as well as during the subsequent tax period;
4) taxpayers who meet the conditions of paragraph 1 of Article 289 of this Code;
5) taxpayers who meet the conditions of paragraph 1 of Article 291 of this Code;
6) taxpayers who meet the conditions of paragraphs 2 and 3
of Article 290 of this Code;
7) taxpayers who comply with the conditions of paragraph 1 of Article 708 of this Code.
When determining the total annual income for the purposes
of subparagraph 1) of paragraph 2 of this Article, the income of the state Islamic special financial company received from the rental (lease) and (or) sale of immovable property specified in subparagraph 6) of paragraph 3 of Article 519 of this Code and land plots occupied by such property are not taken into account.
A newly formed legal entity as a result of reorganization by division or separation fulfills the tax obligations provided for in paragraph 1 of this article in the tax period in which such reorganization was carried out, as well as during two subsequent tax periods if the legal entity reorganized by division or separation calculated advance payments on corporate income tax in the tax period, in which such a reorganization was carried out.
Amount of advance payments:
1) before the declaration, it is calculated (accrued) for the first quarter of the reporting tax period in the amount of one-fourth of the total amount of advance payments calculated in the calculations of the amounts of advance payments for the previous tax period, except for the cases provided for in subparagraph 2) of this paragraph. If the taxpayer has understated the amount of advance payments in the calculation of advance payments before the declaration, the tax authority has the right to calculate the amount of advance payments for the specified period in the amount of the positive difference between the amount of advance payments determined in accordance with this subparagraph and the amount of advance payments specified in such calculation, according to the payment terms established by paragraph 2 Articles 306 of this Code;
2) before the declaration is calculated based on the estimated amount of corporate income tax for the current tax period by taxpayers who:
did not calculate advance payments on corporate income tax in the previous tax period;
specified in paragraph 3 of this article, – in the tax period in which the reorganization was carried out by division or separation, as well as during two subsequent tax periods;
3) after the declaration, it is calculated in the amount of three-fourths of the amount of corporate income tax calculated for the previous tax period in accordance with paragraph 1 of Article 302 and Article 652 of this Code, except for the cases provided for in subparagraph 4) of this paragraph;
4) after the declaration, it is calculated based on the estimated amount of corporate income tax for the current tax period in the following cases:
if the amount of corporate income tax calculated for the previous tax period in accordance with paragraph 1 of Article 302 and Article 652 of this Code is zero;
specified in paragraph 3 of this article – in the tax period in which the reorganization was carried out by division or separation, as well as during two subsequent tax periods;
extension of the deadline for submitting a corporate income tax return for the previous tax period.
Calculation of advance payments:
1) before the declaration is submitted no later than January 20 of the reporting tax period;
2) after the declaration is submitted no later than April 20 of the reporting tax period.
Taxpayers have the right to submit an additional calculation of advance payments after the declaration no later than December 31 of the reporting tax period.
The deadline for submitting tax reports, with the exception of calculating the amounts of advance payments on corporate income tax, is extended for the period:
1) no more than thirty calendar days from the deadline set for submitting a corporate income tax or individual income tax declaration;
2) no more than fifteen calendar days from the deadline set for the submission of the declaration and (or) calculation of other types of taxes, payments to the budget, social payments;
3) no more than thirty calendar days from the deadline set for submitting a declaration on other types of taxes, payments to the budget, social payments for taxpayers with a low level of risk under the risk management system.
Chief Specialist
UGD in the Enbekshikazakh district
Askarzhankyzy M.