The reason for the overpayment and the ways to use it

An overpayment is an excessively paid amount of tax to the budget.

The excessively paid (collected) amount of tax (excluding VAT), payment to the budget, penalty is the positive difference between the amount paid (collected) to the budget (minus the credited and refunded) and the calculated, accrued (minus the reduced) amounts for this type of tax (excluding VAT), payment to the budget, penalty on the date of the offset and (or) refund.

The excessively (erroneously) paid amount of tax (except VAT), payment, penalty, is calculated taking into account calculations for this type of tax, payment, penalty during the limitation period.

The excessively paid amount of tax, payment to the budget, is subject to offset and refund if the positive balance formed in the personal account on the date of offset and refund for this tax, payment, penalty is greater than and exactly the total of the amounts paid for the previous three years within the amount paid for the previous three calendar years. At the same time, the offset and refund of excessively paid amounts of tax, payment, penalty is made according to the personal accounts, taking into account the calculated, accrued (reduced) paid, offset, refunded amounts with increasing results starting from the first date of opening the personal accounts for the tax payment for which the tax application for offset and refund was submitted.

Any taxpayer may have a situation when taxes are paid more than the accrued amount. This may happen due to an error in calculations, declarations or errors in payment, or during the year they paid advance payments, for the year these advance payments exceeded the tax payable.

In accordance with Article 102 of the Tax Code, the offset of the excessively paid (collected) amount of tax payment to the budget is made without the taxpayer's application: on account of tax obligations for the payment of calculated amounts of taxes and payments to the budget; on account of the repayment of arrears for other types of taxes and payments to the budget; on account of the repayment of penalties; on account of the repayment of fines for a certain type of tax, the payment for which the excessively paid amount was formed and for other types of taxes or payments to the budget.

An overpayment may occur regardless of the tax regime under which the taxpayer works. You can find out the overpayment through the taxpayer's office. The overpayment can be set off against upcoming payments or choose a set-off for other taxes, in order to return the overpayment to taxpayers, you need to submit an application for a refund through the Taxpayer's Office and the State Corporation, through the E-Government Web portal on the website egov.kz. To carry out the offset and refund of excessively paid (collected) amounts of taxes, payments to the budget and penalties to the state revenue body at the place of maintaining personal accounts, and for payments for which personal accounts are not maintained at the place of payment, a tax application is provided according to Appendix 15 "Carrying out the offset and (or) refund of taxes, payments to the budget, customs payments, penalties, interest and fines" (Appendix 15 to the order of the Minister of Finance of the Republic of Kazakhstan dated February 12, 2018 No. 160).

Any overpayment will not be refunded. The period of overpayment formation is important for the refund. The limitation period from 2020 is 3 years. If the overpayment has been formed for more than three years, the amount of the overpayment is not subject to offset and refund.

 

Department of Accounting, Analysis and Information Technologies of the UGD for the Enbekshikazakh district