The State Revenue Department for the Karasu district in connection with the signing on June 24, 2021 of the Law of the Republic of Kazakhstan No. 53-VII "On Amendments and Additions to the Code of the Republic of Kazakhstan "On Taxes and Other Mandatory Payments to the Budget" (Tax Code) and the Law of the Republic of Kazakhstan "On the introduction of the Code of the Republic of Kazakhstan "On Taxes and Other Mandatory Payments to the Budget" (Tax Code)" explains the main changes in tax legislation. The law is put into effect after ten calendar days after the date of its first official publication, with the exception of its individual norms.
Notification of taxpayers about the existence of tax obligations
Paragraph 2 of Article 13 of the Tax Code will enter into force on July 1, 2021
To receive a notification about the fulfillment of tax obligations, a taxpayer has the right to provide information about his phone numbers and e-mail address to the tax authority.
Introduction of a special tax regime using a mobile application ("e-SalyqBusiness")
Articles 67, 79, 115, 166, 190, 213, 482, 678, 679, 680, 681, 683, 684, Paragraphs 2-1, 686-1, 686-2,686-3 of the Tax Code, Article 33 (358 and 362) of the ZRK on the introduction are put into effect from January 1, 2022
From January 1, 2022, a new special tax regime will be introduced for individual entrepreneurs using a special mobile application ("E-SalyqBusiness").
In accordance with these norms, the mobile application should simplify the fulfillment of tax obligations of entrepreneurs. Thus, it is envisaged that through the use of a mobile application, simple online registration as an individual entrepreneur, calculation of taxes and social payments, cancellation of the submission of TNF for persons applying the specified special tax regime will be provided.
Setting the maximum threshold of tax arrears for the seizure of accounts in the amount of more than 6 MCI
Article 118 of the Tax Code comes into force on July 1, 2021
There is a maximum threshold for tax arrears (6 MCI or 17,502 tenge)below which measures to seize accounts are not applied.
it will be put into effect from January 1, 2022
Also, second-tier banks are granted the right to conduct expenditure operations on the account until the revocation of the order of the tax authority on the suspension of expenditure operations on the taxpayer's bank accounts when paying off the debt specified in it.
Specifying the recipient's IIN/BIN in the CMC check
Paragraph 7 of Article 166 of the Tax Code will enter into force on January 1, 2022
This amendment is intended to provide an opportunity for an individual entrepreneur who is not a VAT payer to provide the buyer with an online cash register receipt instead of an ECF statement.
From April 1, 2021-VAT defaulters are required to issue an ESF for transactions worth more than 1,000 MCI and the recipient of goods, works, services for the purposes of the CPN confirms the expenses of the ESF (paragraphs 3-1 of Article 242 and paragraph 8) of paragraph 1 of Article 412 of the Tax Code of the Republic of Kazakhstan).
At the same time, such expenses were previously confirmed by accounting documents or documents issued in accordance with industry legislation (invoices for goods, acts of work performed/services rendered, payment documents, etc.).
In order to exclude additional encumbrances for small businesses, it is possible to:
–for an individual entrepreneur who is not a VAT payer, for civil law transactions in the amount of more than 1,000 MCI (2.9 million tenge), instead of an ECF statement, provide the buyer with an online cash register receipt indicating the recipient's IIN/BIN in the receipt (Article 242 of the Tax Code);
- by including the buyer's IIN/BIN in the receipt and providing such a receipt at the buyer's request (Article 166 of the Tax Code).
Also, as part of the Pilot Project, the mandatory statement of the ESF for transactions over 1000 MCI was canceled.
Not an ESF statement
Paragraph 3-1 of Article 242 paragraph 13 of Article 412 of the Tax Code are introduced from January 1, 2022
Since 2022, the requirements for issuing an ESF by small business entities and selling goods at retail to the end consumer (retail sellers) have been excluded, provided that the buyer is provided with a check on-line KKM.
For 2021, within the framework of the Pilot Project, similar norms are provided for excluding the requirement for issuing an ESF for 2021.
Exemption from CPN of income directed to reinvestment in new fixed assets
The new subparagraph 18) of paragraph 2 of Article 266 and subparagraph 7) of paragraph 1 of Article 288 of the Tax Code will enter into force on January 1, 2022
In order to improve the investment climate and the development of the manufacturing industry, small business entities of the manufacturing industry do not impose CPN on profits that will be reinvested in the development of production (purchase or construction of buildings and structures for industrial purposes).
Deduction of remuneration expenses on intra-group loans
Paragraph 4 of Article 246 of the Tax Code will enter into force on January 1, 2022
Today, when attracting external targeted loans by a national company, the end users are their subsidiaries. Foreign investors do not issue loans directly to subsidiaries. At the same time, the remuneration paid to the parent company from the subsidiaries is not deducted in full. Thus, the right is granted to deduct the expenses on remuneration for loans received by subsidiaries from the national parent company.
Correspondence with the legislation on the cotton industry
Exceptions to paragraph 14) of paragraph 1 of Article 241 and paragraph 4 of Article 256 of the Tax Code, are effective from January 1, 2022
The amendments are envisaged in connection with the adoption of the Law of the Republic of Kazakhstan "On Amendments to Certain Legislative Acts of the Republic of Kazakhstan on the cotton industry and the recognition of the Law of the Republic of Kazakhstan "On the Development of the Cotton industry"as invalid.
Reduction of taxable income under the CPN
New subparagraph 3-1) paragraph 1 of Article 288 of the Tax Code is put into effect from January 1, 2022
It is envisaged that the subjects of social entrepreneurship will reduce the taxable income under the CPN in the amount of expenses incurred to pay for training in the profession, professional development or retraining in the profession of employees who are disabled, parents or guardians raising disabled children, pensioners, graduates of orphanages under the age of twenty-nine, persons released from prison within twelve months after release, kandas, but not more than 120 times the size of the monthly calculation index, established by the law on the republican budget and effective as of January 1 of the corresponding financial year per employee for the tax period.
Application of an additional VAT offset (70%)
The new subparagraph 4) of paragraph 1 of Article 411 of the Tax Code will enter into force on July 1, 2021
For new manufacturing companies, the right to apply an additional offset (70%) is provided for when selling goods that are the result of manufacturing activities in the manufacturing industry (the production of which does not exist on the territory of the Republic of Kazakhstan or does not cover the needs of the Republic of Kazakhstan, except for the production of alcoholic beverages, tobacco products and the metallurgical industry).
Extension of VAT exemption on imports to the FEZ "Qyzyljar"
Subparagraph 15) of paragraph 1 of Article 399 and subparagraph 4) of paragraph 2 of Articles 451 and 451 of the Tax Code
The introduction of changes will ensure the availability of agricultural machinery due to a 12% reduction in price and a 2-fold increase in the labor productivity of domestic farmers.
Application of the Minimum price level (MTC)
Paragraph 2 of Article 444 of the Tax Codeis put into effect from January 1, 2022
A new instrument of the trade policy of the IUC was introduced to establish the value when calculating VAT on imported goods according to the list established by the Ministry of Trade and Integration of the Republic of Kazakhstan.
During the monitoring of transported goods from the EAEU countries, the state revenue authorities reveal numerous violations, including underestimation of the cost of imported goods.All these facts lead to VAT losses due to the underestimation of the tax base and put bona fide entrepreneurs and manufacturers in unequal competitive conditions.
The introduction of a minimum price level for certain goods from the EAEU countries will help prevent the facts of underestimation of the cost of imported goods and will allow collecting VAT from the current tax base.
This measure is aimed at supporting and protecting domestic producers. It is also the possibility of applying mirror measures against countries that discriminate against Kazakhstan's exports.
Application of the reduced 0.5% property tax rate
Subparagraph 3) of paragraph 2 and paragraph 7 of Article 521 of the Tax Code will enter into force on January 1, 2022
It is envisaged to include in the number of property tax payers applying the rate of 0.5 percent to the tax base of social entrepreneurship entities and on the right to choose one of the lowest tax rates in the application, if the social entrepreneurship entity complies with several provisions of paragraphs 2, 3, 4 and 5 of Article 521 of the Tax Code.
Retail tax regime at the rate of 6% for the catering sector
Article 696-1 of the Tax Code enters into force from January 1, 2023 to January 1, 2025
Due to the fact that the catering sector has a high potential in the fight against the shadow economy, the special tax regime for retail tax for the catering sector is extended for 2 years (from 2023 to 2025) with a tax rate of 6%. The special tax regime for retail tax is effective from January 1, 2021, the rate is 3%.
Granting the right to deduct for the purposes of the IPN the costs incurred for the prevention and prevention of the spread of infectious diseases