Based on Article 45-1 of the Law of the Republic of Kazakhstan as of December 25, 2017 No. 121-VI “On introduction of the Code of the Republic of Kazakhstan “On Taxes and Other Obligatory Payments to the Budget” (Tax Code)”, the mandatory declaring is introduced in 4 stages.
1st stage: from January 1, 2021
- individuals holding a public position and their spouses;
- individuals authorized to perform the state functions and their spouses;
- individuals equated to those performing state functions and their spouses;
- individuals with an assigned obligation to submit a declaration pursuant to the Constitutional Law of the Republic of Kazakhstan “On Elections in the Republic of Kazakhstan” and the laws of the Republic of Kazakhstan “On Corruption Control”, “On Banks and Banking Activities in the Republic of Kazakhstan”, “On Insurance Activities”, “On the Securities Market”.
The concepts of the above individuals are enshrined in the Law of the Republic of Kazakhstan “On Corruption Control”. Also, the Register of positions of political and administrative civil servants was approved by the Decree of the President of the Republic of Kazakhstan as of December 29, 2015 No. 150 “On approval of the Register of positions of political and administrative civil servants”.
2nd stage: from January 1, 2023
- employees of government bodies (including the fields of eduction, healthcare, culture, sports, etc.) and their spouses;
- employees of quasipublic sector and their spouses.
3rd stage: from January 1, 2024
- heads, founders (participants) of legal entities and their spouses;
- individual entrepreneurs and their spouses.
4th stage: from January 1, 2025
- the categories of citizens that are left.
When entering the declaring system, a declaration of assets and liabilities will be provided (250.00 form).
Declaration of assets and liabilities is submitted at the place of residence (stay):
1) if submitted in paper: no later than July 15 of a year when a liability to submit a declaration arisen;
2) if submitted online: no later than September 15 of a year when a liability to submit a declaration arisen.
Methods for submitting a Declaration of Assets and liabilities:
In electronic form-via the web portal of the State Revenue Committee "Taxpayer's Office" (cabinet.salyk.kz), E-government portal (egov.kz), as well as through the eSalyk azamat mobile apps.
On paper - to the state revenue authorities in person or by registered mail.
Where to submit Declarations of Assets and Liabilities:
Individuals (with the exception of individual entrepreneurs and persons engaged in private practice, for example, the spouse of a civil servant) submit a declaration at their place of residence.
Individual entrepreneurs and persons engaged in private practice submit a declaration at their location.
Information reflected in the Declaration of Assets and Liabilities
The declaration of assets and liabilities is intended to reflect:
1.Property outside the Republic of Kazakhstan:
- real estate, land plots and (or) land shares, air and sea vessels, inland water navigation vessels, river-sea navigation vessels»;
- vehicles, special equipment and / or trailers;
- money on bank accounts in foreign banks located outside the Republic of Kazakhstan, in an amount that collectively exceeds 1000 times the monthly calculation index established by the law on the republican budget and effective as of December 31 of the reporting tax period for all bank deposits;
- the share of participation in the authorized capital of a legal entity established outside the Republic of Kazakhstan.
2.Property both in the Republic of Kazakhstan and abroad:
- share in a residential building under an agreement on shared participation in housing construction;
- securities, derivative financial instruments (with the exception of derivative financial instruments, the execution of which occurs through the acquisition or sale of the underlying asset);
- investment gold;
- objects of intellectual property, copyright;
- cash, which is indicated in an amount not exceeding the limit of 10,000 times the monthly calculation index established by the law on the republican budget and effective as of December 31 of the year preceding the year of submission of the declaration on the assets and liabilities of an individual;
- debt of other persons to an individual (accounts receivable) and (or) debt of an individual to other persons (accounts payable) in the presence of a notarized (certified) contract or other document that is the basis for the occurrence of an obligation or claim, except for debt to banks and organizations engaged in certain types of banking operations established in accordance with the legislation of the Republic of Kazakhstan on banks and banking activities in the Republic of Kazakhstan;
- at the request of an individual, other property may be indicated if the price (value) per unit of this property exceeds 1000 times the monthly calculation index established by the law on the Republican budget and effective as of December 31 of the reporting tax period, if there is a value determined in the assessment report conducted under an agreement between the appraiser and the taxpayer in accordance with the legislation of the Republic of Kazakhstan on valuation activities. Other property does not include property that is subject to state or other registration, as well as property for which rights and (or) transactions are subject to state or other registration.
After the Declaration of Assets and Liabilities is submitted in 2021, from 2022 there will be an obligation to submit an annual Declaration of Income and Property (Form 270.00).
Paragraph 1 of Article 356 of the Tax Code provides that for income that is not taxed at the source of payment, the calculation and payment to the budget of individual income tax (hereinafter – IPN) is carried out by an individual independently.
Such income includes:
- Property income (from the rental of housing, from the increase in the value of the sale of property);
- Income of an individual from the sale of property received from sources outside the Republic of Kazakhstan;
- Income from the increase in value when an individual transfers property (other than money) as a contribution to the authorized capital;
- Income from the assignment of the right of claim, including a share in a residential building under an agreement on shared participation in housing construction;
- Other income from sources outside the Republic of Kazakhstan.
- In the presence of these types of income, an individual has an obligation to submit a declaration on the IPN (form 240.00).
The IPN declaration is submitted to the tax authority at the place of location (residence) no later than March 31 of the year following the reporting tax period with the application of the 10% rate and payment of the IPN by the deadline no later than 10 days after the deadline for submitting the declaration.