gov.kz
Меню

Set-offs and refunds

Как получить услугу
Online
Individuals

You can obtain a service via the Portal:

Using EDS:

  1. Click the Order Online button and log in to the website knp.kgd.gov.kz.
  2. Select the required category.
  3. Complete the application and sign it by EDS (electronic digital signature).
Online
Legal entities

You can obtain a service via the Portal:

Using EDS:

  1. Click the Order Online button and log in to the website knp.kgd.gov.kz.
  2. Select the required category.
  3. Complete the application and sign it by EDS (electronic digital signature).
Service provider
Individuals

Required documents to be submitted to Service Provider:

1. An application for offset and (or) refund of taxes, budget payments, customs duties, penalties, interest and fines.

2. A court order or decision of a higher authorized body (official) that has entered into legal force that provide cancelled or reduced amount of a fine due to its unlawful imposition - for refund of the unlawfully imposed fine paid amount for offences of law in the field of taxation, the law of the Republic of Kazakhstan on pension provision, on compulsory social insurance, on compulsory social health insurance due to its cancellation or reduction in amount.
3. A document issued by relevant registration authority certifying the failure of the service recipient to submit documents for performing registration actions – for refund or offset of registration fees paid to the budget.
4. A document issued by state forest owners confirming the non-use of a logging permit or forest use permit – for refund or offset of the amount of payment for forest use paid.
5. A document from relevant authority, which is the basis for its refund – for refund of the amount of state duty paid to the budget.
6. A court decision that has entered into legal force – to refund the amount of the state fee to the payer in whose favor the court decision was made on reimbursement of state fee from the state institution that is a party to the case.
7. A payment document certifying the tax payment, payment to the budget, penalty and fine, and a court decision that has entered into legal force – for refund of the paid tax amount, payment to the budget, penalty and fine because of cancellation of e-auctions results by a court decision.

The tax statement is submitted to the service provider:

1) in which the taxpayer’s bank account contains an overpaid amount – for the offset, refund of the overpaid amount of tax, payment to the budget and penalties;
2) in which an erroneous payment of tax or payment to the budget was made - for offsetting or refunding the erroneously paid amount of tax or payment to the budget;
3) in which the bank account contains the amount of the fine subject to refund - to refund the paid amount of an unlawfully imposed fine for offences in the field of taxation, legislation of the Republic of Kazakhstan on pension provision, on compulsory social insurance, on compulsory social health insurance, as well as an overpaid amount.

Service provider
Legal entities

Required documents to be submitted to Service Provider:

1. An application for offset and (or) refund of taxes, budget payments, customs duties, penalties, interest and fines.

2. A court order or decision of a higher authorized body (official) that has entered into legal force that provide cancelled or reduced amount of a fine due to its unlawful imposition - for refund of the unlawfully imposed fine paid amount for offences of law in the field of taxation, the law of the Republic of Kazakhstan on pension provision, on compulsory social insurance, on compulsory social health insurance due to its cancellation or reduction in amount.
3. A document issued by relevant registration authority certifying the failure of the service recipient to submit documents for performing registration actions – for refund or offset of registration fees paid to the budget.
4. A document issued by state forest owners confirming the non-use of a logging permit or forest use permit – for refund or offset of the amount of payment for forest use paid.
5. A document from relevant authority, which is the basis for its refund – for refund of the amount of state duty paid to the budget.
6. A court decision that has entered into legal force – to refund the amount of the state fee to the payer in whose favor the court decision was made on reimbursement of state fee from the state institution that is a party to the case.
7. A payment document certifying the tax payment, payment to the budget, penalty and fine, and a court decision that has entered into legal force – for refund of the paid tax amount, payment to the budget, penalty and fine because of cancellation of e-auctions results by a court decision.

The tax statement is submitted to the service provider:

1) in which the taxpayer’s bank account contains an overpaid amount – for the offset, refund of the overpaid amount of tax, payment to the budget and penalties;
2) in which an erroneous payment of tax or payment to the budget was made - for offsetting or refunding the erroneously paid amount of tax or payment to the budget;
3) in which the bank account contains the amount of the fine subject to refund - to refund the paid amount of an unlawfully imposed fine for offences in the field of taxation, legislation of the Republic of Kazakhstan on pension provision, on compulsory social insurance, on compulsory social health insurance, as well as an overpaid amount.

Результат оказания услуги

1) offset of the overpaid amount of tax, payment to the budget, or penalty;

2) offset of the erroneously paid amount to the appropriate budget classification code and (or) to the appropriate state revenue authority;

3) refund of overpaid tax amounts, payments to the budget and penalties, as well as erroneously paid tax amounts, payments to the budget to the taxpayer’s bank account;

4) refund of the paid amount of an unlawfully imposed fine for offences in the field of taxation, legislation of the Republic of Kazakhstan on pension provision, on compulsory social insurance, on compulsory social health insurance due to its cancellation or reduction in the amount to the taxpayer’s bank account;

5) refund of the paid amount of tax, payment to the budget, penalties and fines because of the cancellation of the e-auctions results by a court decision to the taxpayer’s bank account;

6) refund of the overpaid amount of state duty at the place of payment to the taxpayer’s bank account with the corresponding budget classification code;

7) a written notice of non-confirmation of an error – in the event that the state revenue authority does not confirm the presence of errors in the money wire transfer;

8) a notification of the execution of the court decision to the taxpayer and (or) public body – after the service provider has refunded the amount of the state fee;

9) a grounded response from the service provider regarding the rejection to provide the public service.

Часто задаваемые вопросы
What can be the reasons for refusal to deliver a public servise?

The grounds for rejecting to provide the public service to the service recipient are the following cases:

1) the offset:

  • of the overpaid (collected) amount of tax, payment to the budget, penalty to pay off the tax arrears of another taxpayer, except for the offset between a legal entity and its structural subdivision;
  • the amount of state duty paid;

2) the offset and refund:

  • the amount of the fee paid for the passage of motor vehicles through the territory of the Republic of Kazakhstan, consular fees, fees for:
  • use of land plots, provision by the state of a subsoil plot in accordance with the legislation of the Republic of Kazakhstan on subsoil and subsoil use on the basis of a license for exploration or extraction of solid minerals, use of wildlife, use of specially protected natural areas, with the exception of cases of erroneous payment of such amounts;
  • from the overpaid amount of excise taxes for excisable goods subject to marking with accounting and control stamps, with the exception of cases of termination of the taxpayer's activity in the production of such goods and the return of previously received accounting and control stamps to the state revenue authority under an acceptance transfer certificate;
  • from the overpaid (collected) amount of tax, fees for the use of land plots, the use of surface water resources, the negative impact on the environment - in the event of an extension of the deadline for submitting tax reports on such taxes and fees until the date of their submission;
  • the paid amount of the signature bonus, except in the case of recognition of the auction as invalid due to a violation of the rules for its conduct established by the legislation of the Republic of Kazakhstan on subsoil and subsoil use, which affected the determination of the winner of the auction;
  • the expire of the limitation period;
  • the absence of overpaid tax, payment to the budget, or penalties;
  • on the taxpayer’s appeal of the notification of the tax audit results, notification of the results of the consideration of the taxpayer’s (tax agent’s) complaint against the notification of the tax audit results;
  • on the presence of grounds provided for in paragraph 2 of Article 19-1 of the Law of the Republic of Kazakhstan “On Public Services”.
Grounds for institution of an administrative procedure
  • appeal;
  • initiative of an administrative body or official.

 General requirements for the appeal

The appeal submitted in hard copy or electronic form shall indicate:

  • Full name, IIN, postal address of a natural person, BIN of a legal entity;
  • name of administrative body, official to whom the appeal is submitted;
  • the essence of an appeal;
  • date of filing an appeal;
  • signature of the applicant or his representative;
  • other information provided for by legislation of the Republic of Kazakhstan.

If the administrative procedure is on a paid basis, the applicant must submit a document confirming the payment.

! It is barred to reject the receipt of an appeal.

  1. Once the appeal is submitted, the applicant is issued a receipt containing a unique number, indicating the date and time, last name and initials, and the position of the person who received the appeal.
  2. In the case of non-compliance with the requirements established by Article 63 Code, the administrative body and the official shall indicate to the applicant the requirements the appeal does not comply with, and set a reasonable time limit for bringing it into compliance with the requirements.
  3. Before a decision is made on the administrative case, the applicant may withdraw the appeal on the basis of his written application.

Referring the appeal to an authorized administrative body and official

An appeal received by an administrative body and official whose authority does not include the consideration of this appeal, within no later than 3 working days from the date of its receipt shall refer it to the authorized administrative body and official, with simultaneous notification of the participant in the administrative procedure.

  1. The timeframe of administrative procedure is 15 working days from the date of receipt of an appeal.

! The laws may set the other timeframe for consideration of appeals (For example, according to the Law “On Access to Information” a reply to a written enquiry is provided within fifteen calendar days from the date of receipt of the information by the owner).

  1. The period of administrative procedure may be extended by a reasoned decision of the head of the administrative body for not more than 2 months, consistently the participant in the administrative procedure is notified within 3 working days from the date of extension.

A participant in the administrative procedure has the right to file a complaint the administrative action (inaction) related to the adoption of an administrative act.

If an administrative body and official within the timeframe has not adopted an administrative act or committed an administrative action, then commencing from the date of expiry it is considered that the administrative body and official rejected to adopt the administrative act or commit the administrative action.

The complaint is submitted to the administrative body and official whose administrative act and administrative action (inaction) is being appealed.

An appeal to the court is allowed after a pre-trial appeal. If the law provides for the possibility of going to court without the need to appeal to a higher authority, the administrative act, administrative action (inaction) of the administrative body and official is being disputed, along with the revoke, submit to the court a reasoned position of the head of the higher administrative body and official.

! The Administrative Procedure Code not always rules the procedure of complaint; the industry laws may contain statutes indicating the appeal of the decision in the court, without pre-trial appeal.

  1. A complaint against an administrative act, administrative action (inaction) is submitted to the administrative body and official no later than 3 months from the day when the participant in the administrative procedure became aware of the adoption of the administrative act or the commitment of an administrative action (inaction).
  2. If the deadline is missed for a good reason, at the request of the participant in the administrative procedure, it may be renewed by the body considering the complaint.
  3. Missing the deadline for submitting the complaint is not a basis for rejection to receive the complaint by the body considering the complaint.

! Other laws may establish a special procedure and deadlines for appealing the decisions.

The period for consideration of the complaint is 5 working days from the date of receipt of the complaint.

! Other laws may establish a different period for appealing the decisions of administrative bodies.

 

 

Source: Administrative Procedural Code of Republic of Kazakhstan,
The Law of the RK "On Public services"

Заказать онлайн
Полное название
Assessment and refund of the paid tax amounts, other obligatory payments into the budget, penalties and fines
Получатели услуги
Individuals
Legal entities
Individuals
Legal entities
Стоимость услуги

Free of charge

Срок оказания услуги

According to the terms specified in the standard of PS

Услугу оказывает
Ministry of Finance of the Republic of Kazakhstan
Место предоставления услуги
The taxpayer's office
Digital Government Portal
Territorial bodies of the State Revenue Committee of the Ministry by regions, cities and districts in the cities, on the territory of special economic zones

Rules for providing state service
Instruction to use the service

Социальные медиа
Telegram
Меню подвал
State of the Nation Address of the President of Kazakhstan
Website of the President of Kazakhstan
Website of the Prime Minister of Kazakhstan
Digital transformation concept
Life situations
National symbols
Terms and explanations
Central communications service under the President of the RK
Screen Reader
Құпиялылық саясаты