The draft law "On amendments and additions to some legislative acts of the Republic of Kazakhstan on the issues of formalization of employment of the population" (further – the Bill) provides for the imposition of a new legal regime – a Single aggregate payment (cap), providing for a simplified order of registration in tax authorities the activities of the informal employment.
For reference:
At the end of the third quarter of 2018, the number of employed people was 8.6 million, including 6.6 million employees and 2.1 million self-employed.
In the economy of the Republic, 16% of the total number of employees were informally employed (1,376 thousand people), of which employees who work without registration of labor contracts make up about 800 thousand people and self – employed-588 thousand people.
As the current situation shows, informal employment is facilitated by such factors as the complex procedure for registration and deregistration in the tax authorities, the presence of numerous payment systems, and the complexity of determining the tax regime.
To simplify the registration of activities of the informally employed, it is proposed to introduce a Single aggregate payment.
Payment of the ESP will allow not only to register informal activities, but also to participate in the system of mandatory medical and social insurance, and pension provision.
The ESP will replace 4 mandatory payments for all working citizens of Kazakhstan in one single payment.
For ESP payers, the minimum rates for income tax and social payments are set at 1 MCI (2,525 tenge) for cities of national significance, the capital and regional significance, and twice as low at the level of half of the MCI (1,263 tenge) for residents of other localities.
The shares of a Single aggregate payment will be:
- 10 % for individual income tax;
- 20 % - social contributions to the State social insurance Fund;
- 30 % - pension payments to the Unified accumulative pension Fund;
- 40 % - deductions to the mandatory social and medical insurance Fund.
The ESP will apply to individuals who carry out activities for the purpose of generating income, subject to the following conditions:
1) do not use the labor of employees;
2) perform work, provide services for individuals. faces;
3) sell agricultural products from the operation of a personal subsidiary farm for consumption by individuals.
The ESP will not apply to:
1) individuals providing services on the territory of commercial real estate objects, including retail objects;
2) persons who lease (property hire) property, with the exception of housing;
3) persons engaged in private practice;
4) foreigners and stateless persons, with the exception of oralmans;
5) persons who have state registration as an individual entrepreneur.
At the same time, the maximum income for a calendar year should not exceed 100 MZP (2,969.8 thousand tenge per year, 247.4 thousand tenge per month in 2019).
The ESP will cover individuals who provide services exclusively to individuals and sell surpluses from personal subsidiary farms to individuals.
For other categories of citizens, the current procedure for paying taxes and social payments is maintained.
As a result of the introduction of the ESP, it is planned to formalize the activities of 500 thousand people from among the informally employed, and it is also expected to transfer 65.4 thousand payers from the current tax regimes on the basis of a patent and a simplified Declaration.
In General, the introduction of the ESP for the informally employed will allow:
participate in the system of compulsory social health insurance and get access to medical services, unlimited in amount and types, with the right to choose a medical institution;
participate in the funded pension system and receive a basic pension payment depending on the length of participation in the system;
receive social benefits in cases of disability, loss of breadwinner, pregnancy and childbirth, adoption of a child, care for a child under 1 year.