Universal declaration of income and property in the Republic of Kazakhstan

Universal declaration of income and property in the Republic of Kazakhstan

On the basis of Article 45-1 of the Law of the Republic of Kazakhstan dated December 25, 2017 No. 121-VI ZRK "On the enactment of the Code of the Republic of Kazakhstan "On Taxes and other mandatory payments to the Budget" (Tax Code)" universal declaration in Kazakhstan is introduced in 4 stages.

Stage 1 - from January 1, 2021

, persons holding a responsible public position and their spouses;

persons authorized to perform state functions and their spouses;

persons equated to persons authorized to perform state functions and their spouses;

persons who are obliged to submit a declaration in accordance with the Constitutional Law of the Republic of Kazakhstan "On Elections in the Republic of Kazakhstan" and the laws of the Republic of Kazakhstan "On Combating Corruption", "On Banks and Banking activities in the Republic of Kazakhstan", "On Insurance activities", "On the Securities market".

The concepts of the above-mentioned persons are fixed in the Law of the Republic of Kazakhstan "On Combating Corruption". In addition, the Register of positions of political and administrative civil servants was approved by the Decree of the President of the Republic of Kazakhstan dated December 29, 2015 No. 150 "On approval of the Register of positions of political and administrative civil servants".

Stage 2 - from January 1, 2023

- employees of state institutions (including education, healthcare, culture, sports, etc.) and their spouses;

- employees of quasi-public sector entities and their spouses.

Stage 3 - from January 1, 2024

- managers, founders (participants) of legal entities and their spouses;

- individual entrepreneurs and their spouses.

Stage 4 - from January 1, 2025

- the remaining categories of citizens

When entering the declaration system, a declaration of assets and liabilities will be submitted (form 250.00).

The deadline for submitting the Declaration of Assets and Liabilities:

On paper - no later than July 15, 2021;

In electronic form - no later than September 15, 2021.

Ways to submit a Declaration of Assets and Liabilities:

In electronic form - through the web portal of the State Revenue Committee "Taxpayer's Office" (cabinet.salyk.kz), the portal of "electronic government" (egov.kz), as well as through eSalyk azamat mobile applications.

On paper - to the state revenue authorities in person or by registered mail.

Where it is necessary 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 the 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:

Property outside the Republic of Kazakhstan:

real estate, land plots and (or) land shares, air and sea vessels, inland 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 cumulatively exceeding for all bank deposits 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;

the share of participation in the authorized capital of a legal entity established outside the Republic of Kazakhstan.

Property both in the Republic of Kazakhstan and abroad:

a share in a residential building under an agreement on equity 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 of assets and liabilities of an individual;

indebtedness of other persons to an individual (accounts receivable) and (or) indebtedness of an individual to other persons (accounts payable) in the presence of a notarized (certified) contract or other document that is the basis of an obligation or claim, with the exception of indebtedness 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 subject to state or other registration, as well as property for which rights and (or) transactions are subject to state or other registration.

After submitting a Declaration of Assets and Liabilities 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 not taxable 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 value during 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 equity participation in housing construction;

Other income from sources outside the Republic of Kazakhstan.

In the presence of these types of income, the individual arises the obligation to submit the Declaration on pit (form 240.00).

Declaration on pit are submitted to the tax authority at the place of location (residence) no later than 31 March of the year following the reporting tax period applying the rate of 10% and pay pit on the term no later than 10 days after the deadline for submission of the Declaration.