Date of occurrence of the ownership right in determining the income from the increase in value

Rights (encumbrances of rights) to immovable property arise, change and terminate from the moment of state registration, unless otherwise established by the Civil Code and the Law of the Republic of Kazakhstan "On State Registration of Rights to Immovable Property". If registration is not refused, the moment of state registration is the moment of filing an application, and in the case of electronic registration-the moment of confirmation of the occurrence, change or termination of rights (encumbrances of rights) by the registering authority by sending a notification of the registration (paragraph 2 of Article 118 of the Civil Code of the Republic of Kazakhstan).

Electronic registration is carried out in cases when rights (encumbrances of rights) arise, change or terminate on the basis of a transaction, a certificate of inheritance, a certificate of ownership, as well as in other cases established by the Law of the Republic of Kazakhstan "On State Registration of Rights to Immovable Property" (hereinafter referred to as the Law) (paragraph 1-1 of Article 20 of the Law).

Electronic registration of rights (encumbrances of rights) is carried out on the basis of a notarized transaction, a certificate of inheritance, a certificate of ownership in accordance with the procedure provided for in paragraph 2 of Article 20 of the Law.

Thus, a notary, after certifying a transaction, issuing a certificate of inheritance or a certificate of ownership:

sends an electronic copy of the title document, certified by an electronic digital signature, through the unified notary information system to the information system of the legal cadastre;

informs the acquirer of immovable property:

about the unique number of the title document assigned by the unified notary information system;

about the amount of payment for the state registration of rights to immovable property or about the exemption from payment established by the authorized body, determined by the decision of the Government of the Republic of Kazakhstan from among the central state bodies in coordination with the authorized body and the antimonopoly authority;

in case of exemption of the acquirer of real estate from payment for the state registration of rights to real estate, a document confirming the right to the benefit is required;

sends to the information system of the legal cadastre:

e-mail addresses on the Internet of the participants of the transaction-if available;

an electronic copy of the document confirming the person's exemption from payment for the state registration of rights to immovable property (subparagraph 1) of paragraph 2 of Article 20 of the Law).

In turn, electronic registration must be made no later than one working day following the day of receipt in the information system of the legal cadastre of confirmation of payment for state registration of rights to immovable property or exemption from payment (paragraph 1-1 of Article 23 of the Law).

On the basis of the above, the date of occurrence of the property right in determining the income from the increase in value is the date of approval of the registration.