Rules for the Application of the lowest price level for certain types of goods imported from the territory of the member States of the Eurasian Economic Union (hereinafter -the EEU) to the territory of the Republic of Kazakhstan to determine the value of purchased goods.

Rules for the Application of the lowest price level for certain types of goods imported from the territory of the member States of the Eurasian Economic Union (hereinafter -the EEU) to the territory of the Republic of Kazakhstan to determine the value of purchased goods.

Order on approval of the rules for applying the minimum price level in relation to certain types of goods imported from the territory of the member states of the Eurasian Economic Union to the territory of the Republic of Kazakhstan order of the Acting Minister of trade and integration of the Republic of Kazakhstan dated November 16, 2021 N 594-OD. Registered with the Ministry of Justice of the Republic of Kazakhstan on November 19, 2021 as N 25228.

 

  1. Rules for the Application of the lowest price level for certain types of goods imported from the territory of the member States of the Eurasian Economic Union (hereinafter -the EEU) to the territory of the Republic of Kazakhstan to determine the value of purchased goods (hereinafter - the Rules) determine the procedure for application  of the minimum price level (hereinafter -  LPL) for certain types of goods, the list of which is determined by the decree of the Government of the Republic of Kazakhstan in accordance with paragraph 2 of Article 444 of the Code of the Republic of Kazakhstan "On Taxes and other mandatory payments to the budget (Tax Code)" (hereinafter - the Code).
  2. The following concepts are used in these Rules:

      1) the authorized body in in regulating of trade activities (hereinafter - the authorized body) - the central executive body that forms the trade policy and carries out management, as well as intersectoral coordination in commercial activities.;

      2) State Revenue Authority - the State authority, within its competence, ensuring the receipt of taxes and payments to the budget, customs regulation in the Republic of Kazakhstan, the authority to prevent, detect, suppress, disclose and investigate criminal and administrative offenses that are attributed to the Legislation of the Republic of Kazakhstan of this authority, as well as performing other powers stipulated by the. the legislation of the Republic of Kazakhstan;

      3) the authorized body in the field of the state statistics is a state body  carrying out management, as well as cross-sector coordination in the field of the state statistics within its competence;

       4) commodity – product of labor produced for market exchange or for sale.

  1. To calculate the value added tax (hereinafter - VAT) when importing goods from the territory of the EEU member States, if the importer, filled in according to the form approved by the Order of the Minister of Finance of the Republic of Kazakhstan dated February 12, 2018 No. 166 "On approval of tax Reporting forms and rules for their compilation" (registered in the Register of State Registration of Regulatory Legal Acts under No. 16448) (hereinafter - the Application) indicates the value of the goods below the established size of the LPL, the state revenue authorities apply the LPL in the applications for the import of goods and payment of indirect taxes.

 Chapter 2. The procedure for application of  the lowest price level for certain types of goods imported from the territory of the member States of the Eurasian Economic Union  to the territory of the Republic of Kazakhstan to determine the value of purchased goods

  1. A taxpayer (tax agent) or his legal representative or a duly authorized person (hereinafter -the representative), when importing goods from the territory of the EEU member States submits the Application to the state revenue authorities on paper (in four copies) or  in electronic form, certified by an electronic digital signature of an official.
  2. The procedure for calculating and paying VAT on goods imported from the territory of member States of EEU to the territory of the Republic of Kazakhstan is carried out in accordance with Article 456 of the Code.

      If the value of the goods declared by the importer is lower than the established amount of the LPL, then the calculation of VAT is carried out from the value provided by the LPL.

  1. The authorized body calculates and publishes the LPL for each type of product on its official Internet resource annually, no later than June 15 (fifteenth) and December 15 (fifteenth).
  2. LPL is calculated using the formula given below:

      where:

 

- average price of enterprise-manufacturer;

– the average cost of goods imported into the Republic of Kazakhstan from the territory of member states of EEU included in the application.

  1. Authorized body requests  the average prices of enterprise-manufacturer for goods for 6 (six) months preceding the month of providing information on each product from the authorized body in the field of state statistics annually until 31 (thirty-first) on May and until November 30 (thirtieth).

      Average prices of manufacturing enterprises are provided in tenge for   measuring unit of goods.

  1. The State Revenue Authority provides the authorized body with information on the average cost of goods imported into the Republic of Kazakhstan from the territory of  member States of EEU specified in the Applications for 6 (six) months preceding the month of providing information on each product annually until 31 (thirty-first) on May and until November 30 (thirtieth).

      Information on the average cost of imported goods is provided for each type of goods in tenge for   measuring unit of goods at the level of 10 (ten) characters of the code of the Commodity Nomenclature of Foreign Economic Activity of the EEU.

      10. LPL is applied within the period from 1 (first) July to 31(thirty first) December and from 1 (first) January to 30 (thirtieth) June.