What reports are submitted for foreign financing?

Введение

Monitoring of foreign financing has been introduced in Kazakhstan in order to ensure transparency in the use of funds received from abroad. 

Monitoring does not concern the financial flows of entrepreneurs, their economic activities. We are talking only about targeted foreign funding of non-governmental organizations that are not related to business activities.

In this article, we will tell you who is subject to monitoring and what types of reports they submit.

Who is not subject to monitoring

The monitoring requirements do not apply to:

  1. government agencies;
  2. persons holding responsible state positions, persons authorized to perform state functions, deputies of the Parliament of the Republic of Kazakhstan and maslikhats (with the exception of deputies of maslikhats who carry out their activities on a non-exempt basis), military personnel, law enforcement officers and special state bodies in the performance of official duties;
  3. second-tier banks, organizations that perform certain types of banking operations, insurance organizations;
  4. large taxpayers subject to monitoring, the list of which is approved by the Government of the Republic of Kazakhstan;
  5. organizations of preschool and secondary education, educational organizations that implement educational programs of technical and professional, post-secondary, higher and postgraduate education, as well as autonomous educational organizations and international schools;
  6. money and (or) other property received in connection with the implementation of legal, notarial activities,
  7. the activities of private bailiffs, mediators, arbitrators, appraisers, auditors;
    quasi-public sector entities;
  8. diplomatic and equivalent representations of a foreign state, consular offices of a foreign state accredited in the Republic of Kazakhstan, as well as their employees;
  9. money and (or) other property aimed at the development of national, technical and applied sports, support and promotion of physical culture and sports, as well as intended for sports events, including international sports competitions, sports and mass events;
  10. money and (or) other property received on the basis of international agreements of the Republic of Kazakhstan;
  11. money and (or) other property received for the purpose of paying for treatment or undergoing health-improving, preventive procedures;
  12. money and (or) other property received in the form of revenue under foreign trade contracts;
  13. money and (or) other property received for the organization and implementation of international transportation, the provision of international postal services;
  14. money and (or) other property received under investment contracts concluded in accordance with the legislation of the Republic of Kazakhstan;
  15. amounts of dividends, remuneration, and winnings previously subject to individual income tax at the source of payment, if there are documents confirming the withholding of such tax at the source of payment;
  16. other cases established by the Government of the Republic of Kazakhstan.

What does monitoring of foreign financing cover?

The monitoring will cover financial resources sent from abroad to individuals and legal entities.

Monitoring applies to individuals and legal entities and (or) structural divisions of a legal entity that have received money and (or) other property from foreign states, international and foreign organizations, foreigners, and stateless persons on the territory of:

  • provision of legal assistance, including legal information, protection and representation of the interests of citizens and organizations, as well as their advice;
  • the study and conduct of public opinion polls, opinion polls (with the exception of public opinion polls and opinion polls conducted for commercial purposes), as well as the dissemination and publication of their results;
  • collection, analysis and dissemination of information, except in cases where the specified activity is carried out for commercial purposes.

Liability for failure to provide information about foreign financing

For non-notification, administrative liability is provided in the form of a fine

  • for individuals-50 MCI,
  • for small businesses or non-profit organizations-100 MCI,
  • for medium-sized businesses-200 MCI,
  • for large businesses-350 MCI.


Submission of false or knowingly false information entails a fine with suspension of activity

  • for individuals-100 MCI,
  • for small businesses or non-profit organizations-200 MCI,
  • for medium-sized businesses-400 MCI,
  • for large businesses-700 MCI.

The commission of an action or omission repeatedly within 1 year after the imposition of an administrative penalty entails a fine with the prohibition of activity

  • for individuals-150 MCI,
  • for small businesses or non-profit organizations-250 MCI,
  • for medium-sized businesses-450 MCI,
  • for large businesses-1000 MCI.

Reporting on the receipt and expenditure of money and other property

Participants in the monitoring of foreign financing are subject to the reporting requirement to the state revenue authorities.

Orders of the Minister of Finance of the Republic of Kazakhstan dated February 20, 2018 No. 241 and 242 define the procedure, term and forms of notifications (F. 017.00) and information (F. 018.00) on the receipt and expenditure of money and other property.

The subjects notify the state revenue authorities at the place of residence / location of the receipt of money and (or) other property from sources in the amount exceeding 1 tenge.

The notification is submitted within 10 working days from the day following the day of receipt of money and (or) other property from the sources, with the mandatory filling in of data on the subject of receipt.

In the event of changes to the conditions for earlier receipt of money and (or) other property from sources in terms of changes in the amount of receipt, terms of performance of obligations, the Notification is submitted within 10 working days from the day following the day of making changes to the conditions of receipt.

  1. In case of return of the received money and (or) other property from sources, the Notification with the indication of the type "Additional" is sent within 3 working days from the day following the day of return, with the indication of the registration number of the main notification and filling in all the previously reflected details of the graph, except for the graphs that provide for the sum values, which are reflected with a "minus" sign.

In addition, no later than the 15th day of the second month following the reporting quarter, individuals and legal entities will be required to submit to the state revenue authorities information on the receipt and expenditure of money and (or) other property received from foreign states, international and foreign organizations, foreigners, and stateless persons in an amount exceeding 1 tenge.

The reporting period for the submission of information is the calendar quarter in which money was received and (or) spent and (or) other property was sold from sources.

If there is no data to be reflected, this information is presented with zero values. It is not allowed to make changes and additions to the previously submitted Information on the tax period under review during the period of conducting (taking into account the extension and suspension) complex and thematic audits.

The information must be submitted before the full expenditure of the money and (or) other property received from the subjects.