налоговый кодекс на англ есть?

[Гость NL]

У кого есть налоговый кодекс на английском, может кто знает где его найти.

Плизз-з-з

[Гость горЕ]

А что конкретно интересует-нужные статьи выложу.

[Гость LAW GURU]

А почему только статьи, а? Он не мне нужен, а коллегам-иностранцам. Если проблема в объеме - можно "выложить" по почте. :tongue:

[Гость горЕ]

проблема только в том-что он есть реально в интере, если лень искать, выложу нужные статьи

поверить в то, что кто-то хочет его прочитать от начала до конца-не могу, хоть убейте :frown:

[Гость NL]

СТАТЬИ ПО НДС, ПОЖАЛУЙСТА

[Гость NL]

СТАТЬИ ПО НДС, ПОЖАЛУЙСТА

[Гость LAW GURU]

IFPOWEUTPOWUJ

[Гость горЕ]

PART 8. VALUE-ADDED TAX

Chapter 32. GENERAL PROVISIONS

Article 205. The concept of value-added tax

The value-added tax represents a transfer to the budget of a portion of the value of taxable realization turnover that is added in the process of the production and handling of goods (work, services), as well as transfers when goods are imported onto the territory of the Republic of Kazakhstan. The value-added tax that is payable to the budget on taxable turnover shall be defined as the difference between the amount of value-added tax assessed for goods (work, services) sold and the amount of value-added tax payable for goods (work, services) received.

Article 206. Objects of taxation

The objects of taxation with respect to the value-added tax shall be:

1) taxable turnover;

2) taxable imports.

Article 207. Payers

1. Payers of the value-added tax shall be persons who have registered or who are required to register for the value-added tax in the Republic of Kazakhstan in accordance with Article 208 of this Code.

2. Payers of the value-added tax on imported goods shall be persons who import these goods onto the territory of the Republic of Kazakhstan in accordance with the customs legislation of the Republic of Kazakhstan.

Chapter 33. REGISTRATION FOR THE VALUE-ADDED TAX

Article 208. Registration requirements for the value-added tax

1. A person shall be required to file an application with a tax authority for registration for the value-added tax no later than 15 calendar days from the final day of any period (no longer than a 12-month period) during which the realization turnover for goods (work, services) exceeded the minimum realization turnover established under item 3 of this Article.

2. When determining the realization turnover, one shall not take into account realization turnover that is exempt from the tax in accordance with Article 225 of this Code, as well as realization turnover involving the personal property of an individual, unless such property is used for purposes of entrepreneurial activity.

For the purposes of item 1 of this Article, a taxpayer effecting settlements with the budget under the special tax regime for peasant (owner-operated) farms may choose not to include realization turnover from activities that fall under the given special tax regime when determining the amount of realization turnover.

If a legal entity has structural subdivisions, the realization turnover of all of its structural subdivisions shall be included when determining the legal entitys realization turnover.

3. The minimum realization turnover shall be equal to 10,000 times the monthly index factor established as of the last month of the period referred to in item 1 of this Article.

4. A person who is not subject to registration for the value-added tax in accordance with item 1 of this Article, but who sells or is planning to sell goods (work, services) subject to the value-added tax, may voluntarily file an application with a tax authority for registration for the value-added tax.

5. A person shall become a payer of the value-added tax on the first day of the month following the month in which said person was required to file or voluntarily filed an application for registration for the value-added tax.

In the event that a person files an application for registration for the value-added tax with a tax authority no later than ten business days after said persons state registration, this person shall become a payer of the value-added tax as of the day on which the tax authority issues the person a certificate of registration for the value-added tax.

6. At the request of a payer of the value-added tax, the authorized government agency may treat its structural subdivisions as independent payers of the value-added tax.

7. A payer of the value-added tax whose structural subdivisions are recognized as independent payers of the value-added tax in accordance with item 6 of this Article shall be required to file (or instruct its structural subdivisions to file) applications for registration for the value-added tax with the tax authorities serving the area in which the structural subdivisions are located.

8. When a person registers for the value-added tax, said person shall have the right to a credit for the amount of value-added tax on balances of goods (including fixed assets) as of the registration date in accordance with Article 235 of this Code.

9. A tax authority shall have the right to register a person for the value-added tax without an application from said person if it is established that circumstances referred to in item 1 of this Article are present.

Article 209. Certificate of registration for the value-added tax

1. When a person is registered for the value-added tax, a tax authority shall be required to issue to said person a certification of registration as a payer of the value-added tax, which should indicate the following:

1) the persons name and particulars;

2) the taxpayer registration number assigned to the taxpayer in accordance with Article 523 of this Code;

3) the date as of which the person is to become a payer of the value-added tax in accordance with item 5 of Article 208 of this Code.

The form used for the certificate of registration for the value-added tax shall be a registered high-security form and no fee shall be charged for issuing the certificate to a taxpayer.

The form and procedure for issuing a certificate of registration for the value-added tax shall be established in accordance with this Code by the authorized government agency.

2. A certificate of registration for the value-added tax shall be kept on file by the payer of the value-added tax. In the event that a person is removed from registration as a payer of the value-added tax, the certificate shall be returned to the tax authority.

Article 210. Removal from registration as a payer of the value-added tax

1. A payer of the value-added tax shall have the right to file a request with the tax authority with which it is registered to be removed from registration as a payer of the value-added tax if in the last 12-month period its taxable turnover did not exceed the minimum taxable turnover.

A payer of the value-added tax may exercise this right no earlier than two years from the date it was registered as a payer of the value-added tax.

2. In the event that a person who is a payer of the value-added tax has ceased activities related to taxable turnover, said person shall be required to file a request to be removed from registration as a payer of the value-added tax no later than six months after the tax period in which such activities ceased.

In the event that a tax authority discovers that a legal entity that is a payer of the value-added tax is no longer in operation, its removal from registration as a payer of the value-added tax shall be carried out by the tax authority following the procedure established by the authorized government agency.

3. In the event of the liquidation of a legal entity that is a payer of the value-added tax, said person shall be subject to removal from registration as a payer of the value-added tax as of the day it is removed from the State Register of Taxpayers.

4. A person shall cease to be a payer of the value-added tax as of the first day of the tax period following the period in which said person filed a request to be removed from registration as a payer of the value-added tax in accordance with the provisions of this Article.

5. When a person is removed from registration as a payer of the value-added tax, the balances of said persons goods (including fixed assets), the value-added tax on which was applied as a credit in accordance with Article 235 of this Code, shall be treated as taxable turnover.

Chapter 34. TAXABLE TURNOVER AND TAXABLE IMPORTS

Article 211. Realization turnover of goods (work, services)

1. With respect to goods, realization turnover shall mean:

1) transfer of ownership of the goods, including:

the sale of the goods;

the shipment of the goods, including in exchange for other goods (work, services);

the export of the goods;

the transfer of the goods free of charge;

a contribution to authorized capital;

the transfer of goods by an employer to an employee as wages;

2) the shipment of goods with payment in installments, including transfer under financial leasing arrangements;

3) the shipment of goods under consignment agreements;

4) the transfer of pledged property (goods) by the mortgagor to the mortgage holder in the event of default on a debt;

5) the use of goods acquired for the purposes of entrepreneurial activity to carry out activities not related to entrepreneurial activity, and also for personal consumption, by a payer of the value-added tax or its employees, partners, or other persons;

6) the shipment of goods by one structural subdivision to another structural subdivision of the same legal entity, which are independent payers of the value-added tax in accordance with item 6 of Article 208 of this Code.

2. Realization turnover of work and services shall mean any performance of work or delivery of services, including work or services performed free of charge, as well as any activity performed for remuneration, that is different from the realization of goods, including: 1) granting temporary possession and use of property under property rental (leasing) agreements;

2) granting rights to intellectual property, including those transferred as a contribution to authorized capital;

3) the performance of work or delivery of services by an employer for an employee as wages;

4) the performance of work or delivery of services between structural subdivisions of the same legal entity, which are independent payers of the value-added tax in accordance with item 6 of Article 208 of this Code.

3. The following shall not be considered realization turnover:

1) the transfer or presentation of goods as a gift for advertising purposes, the unit value of which does not exceed two times the monthly index factor;

2) the shipment of goods supplied by a customer to a contractor for the manufacture and/or assembly and/or repair by the latter of finished products. In the event that the manufacturing and/or assembly and/or repair is performed outside the Republic of Kazakhstan, the shipment of said goods shall not be treated as realization turnover if their export is carried out in accordance with the customs legislation of the Republic of Kazakhstan under the "Processing of goods outside the customs territory" regime. In the event that a processing regime is changed to an export regime, the customer-supplied goods that were previously exported or the products of their processing shall be treated as realization turnover;

3) the shipment of reusable packaging materials. Reusable packaging materials shall mean packaging materials that are not included in the selling cost of the products shipped in these materials and which are to be returned to the supplier under the conditions and within the time period established by the agreement (contract) for the delivery of these products, but not to exceed six months. If the packaging materials are not returned within the specified deadline, these materials shall be included in the realization turnover;

4) the return of goods;

5) the shipment of goods outside the Republic of Kazakhstan for the purpose of holding exhibitions and other cultural and sporting events, which are to be shipped back into the country under the conditions and within the time period established by an agreement, if this shipment was processed under the "Temporary export of goods" customs regime in accordance with the customs legislation of the Republic of Kazakhstan.

Article 212. Determination of taxable turnover

1. Taxable turnover shall be the realization turnover of goods (work, services) effected by a payer of the value-added tax, with the exception of turnover:

1) that is exempt from the value-added tax in accordance with this Code;

2) the location of which is not in the Republic of Kazakhstan.

The location of the realization of goods (work, services) shall be determined in accordance with Article 215 of this Code.

2. In the event that work or services are obtained from a nonresident who is not a payer of the value-added tax in the Republic of Kazakhstan, this work or these services shall be included in the taxable turnover of the recipient in accordance with the procedure established by Article 221 of this Code.

Article 213. Taxable imports

Taxable imports shall be goods that are being or have been imported onto the territory of the Republic of Kazakhstan (with the exception of those exempt from the value-added tax in accordance with Article 234 of this Code) that must be declared in accordance with the customs legislation of the Republic of Kazakhstan.

Article 214. Realization turnover under agency agreements

1. The shipment of goods, performance of work, or delivery of services by an agent on behalf and on the account of a principal shall not be treated as realization turnover of the agent.

2. The provision of item 1 of this Article shall not apply to:

1) work and services performed (provided) by an agent to a principal;

2) goods received from a nonresident principal who is not a payer of the value-added tax in the Republic of Kazakhstan. In this case the shipment of goods shall be treated as realization turnover of the agent.

Article 215. Location of the realization of goods (work, services)

1. The location of the realization of goods shall mean the place where:

1) the shipment of the goods begins, if the goods are being transported (sent) by a supplier, recipient, or third party;

2) the goods are turned over to the recipient, in all other cases.

2. The location of the realization of work or services shall mean the place where:

1) real property is located, if the work or services are related directly to this property;

2) the work or services are actually performed, if they are related to movable property;

3) the services are actually provided, if these services are classified as services in the sphere of culture, the arts, education, physical education, and sports;

4) the recipient of the work or services is engaged in entrepreneurial or any other activity. This subitem shall apply to the following work and services:

those involving the transfer of rights to use intellectual property; consulting, auditing, engineering, legal, accounting, attorney, and advertising services, as well as information processing services;

personnel recruiting services;

those involving the leasing of movable property (other than means of transport of transportation organizations);

services provided by an agent related to the acquisition of goods (work, services), as well as a person hired on behalf of a principal party to an agreement (contract) to perform services provided for under this subitem;

communication service;

services related to organizing tourism;

5) the person performing the work (providing the services) is engaged in entrepreneurial or any other activity, in the case of work or services not referred to under subitems 1)-4) of this item.

3. If the realization of goods (work, services) is of an ancillary nature with respect to the realization of other principal goods (work, services), the location of such ancillary realization shall be considered to be the location of the realization of the principal goods (work, services).

4. For the purposes of subitem 4) of item 2 of this Article, in the event that a recipient of work or services has more than one place where entrepreneurial or any other activity is performed, the location of their realization shall be considered to be the place where this work or these services are used.

5. In the application of item 2 of this Article, in the event that work or services are referred to in more than one subitem, the location where work is performed or services are provided shall be determined by the subitem that appears first in the listed order.

Article 216. Date on which realization turnover occurs

1. Except as otherwise provided under item 2 of this Article, the date on which realization turnover occurs shall be the date on which goods are shipped.

In the event that goods are not shipped, the date on which realization turnover occurs shall be the day on which ownership of the goods is transferred to the recipient.

2. When pledged property (goods) is (are) transferred by the mortgagor to the mortgage holder, the date on which the realization turnover occurs shall be the day on which the mortgage holder takes collection action against the property (goods).

When goods are used in cases referred to in subitem 5) of item 1 of Article 211, the date on which the realization turnover occurs shall be the date on which the goods are transferred for said use.

In those cases referred to in item 5 of Article 210, the date on which realization turnover occurs shall be the last day of the tax period in which the payer of the value-added tax filed a request to be removed from registration as a taxpayer.

3. The date on which taxable realization turnover for work and services occurs shall fall when one of the following conditions is met first:

1) an invoice with the value-added tax is issued for work or services;

2) the work is performed, the services are provided.

4. If work or services are sold on an ongoing (continuous) basis, the date on which the taxable realization turnover occurs shall be the date which occurs first:

1) the date on which an invoice with the value-added tax is issued for work or services;

2) the date on which each payment is received (regardless of the form of settlement).

5. In the event that goods are transferred to employees, or work is performed or services are provided for them, which are to be applied against their wages, the date on which the realization turnover occurs shall be the day on which the goods are transferred to the employees, or work is performed or services are provided for them.

6. In the event that work or services are received from a nonresident who is not a payer of the value-added tax in the Republic of Kazakhstan, the date on which turnover occurs shall be the day on which said work or services are received.

Chapter 35. DETERMINATION OF THE AMOUNT OF TAXABLE

TURNOVER AND TAXABLE IMPORTS

Article 217. Amount of taxable turnover

1. The amount of taxable turnover shall be determined on the basis of the value of the goods (work, services) sold, taking into account the prices and rates applied by the parties to the transaction, not including the value-added tax, except as otherwise provided under this Article and the legislation of the Republic of Kazakhstan on government controls on the use of transfer pricing.

2. In the event that goods are transferred free of charge, and also in those cases referred to under item 5 of Article 210 of this Code, the amount of taxable turnover shall be determined on the basis of prices in effect on the date the realization turnover occurs, not including the value-added tax, but the figure shall not be less than the book value.

For the purposes of this item, the book value shall be the value of goods reflected in the accounting records on the date said goods are sold.

3. In the event of the transfer of pledged property (goods) by a mortgagor, the amount of the mortgagors taxable turnover shall be determined on the basis of the amount of borrowed funds obtained against the pledge of the given property (goods), not including the value-added tax.

4. When goods are sold under the terms of payment in installments, the amount of taxable turnover shall be determined in accordance with item 1 of this Article, taking into account all the payments to be made under the terms of the contract.

5. When services are provided that involve payment on behalf of third parties, the commission fee shall be included in taxable turnover.

6. Excise taxes on excisable goods and activities shall be included in taxable turnover.

7. When goods are realized for which no credit for the value-added tax is allowed at the time of their purchase in accordance with Article 235 of this Code, the amount of taxable turnover shall be defined as the positive difference between the realization value and the book value of the goods, determined in accordance with item 2 of this Article.

Article 218. Adjustment of taxable turnover

1. If the value of goods (work, services) sold changes in one direction or the other, the amount of taxable turnover shall be adjusted accordingly.

2. An adjustment in the amount of a taxpayers taxable turnover shall be made in the following cases:

1) all or some of the goods are returned;

2) there is a change in the terms of the transaction;

3) there is a change in the price or compensation for goods (work, services) sold;

4) there is a difference in the value of goods (work, services) sold when they are paid for in tenge.

3. An adjustment in the amount of taxable turnover in accordance with this Article shall be effected on the basis of an additional invoice or other documents confirming the occurrence of events referred to in item 2 of this Article.

Article 219. Adjustment of taxable turnover based on doubtful claims 1. If all or part of a payment for goods (work, services) is a doubtful claim , the payer of the value-added tax shall have the right to reduce the amount of value-added tax payable to the budget in the following cases:

1) after three years have passed since the end of the tax period in which the value-added tax related to the doubtful claim was recorded;

2) in the tax period in which judicial authorities issue a decision to remove a debtor who has been declared bankrupt from the State Register of Legal Entities.

2. In the event that payment is received for goods (work, services) sold after a payer of the value-added tax has exercised the right granted to him under item 1 of this Article, the amount of taxable turnover shall be increased by the value of said payment in the tax period in which the payment is received.

3. Adjustment of the taxable turnover in accordance with this Article shall be effected in compliance with the conditions specified in Article 96 of this Code.

Article 220. Amount of taxable imports

The amount of taxable imports shall include the customs value of imported goods, determined in accordance with the customs legislation of the Republic of Kazakhstan, as well as the amount of taxes and other mandatory payments payable to the budget upon the importation of goods into the Republic of Kazakhstan, with the exception of the value-added tax.

Article 221. Taxable turnover in the case of work or services received from a nonresident who is not a payer of the value-added tax in the Republic of Kazakhstan

1. Work or services performed by a nonresident who is not a payer of the value-added tax in the Republic of Kazakhstan shall be the turnover of a taxpayer of the Republic of Kazakhstan who received the work or services, if the location of their realization is the Republic of Kazakhstan, and they shall be subject to the value-added tax in accordance with this Code.

2. For the purposes of this Article, the amount of taxable turnover of a recipient of work or services shall be determined on the basis of the amount payable to the nonresident referred to in item 1 of this Article, taking into account the tax subject to withholding at the source of payment of income to said person from sources in the Republic of Kazakhstan.

3. The amount of value-added tax payable in accordance with this Article shall be determined by applying the rate specified under item 1 of Article 245 of this Code to the amount of taxable turnover. In the event that payment for work and services received is effected in foreign currency, the taxable turnover shall be converted into tenge at the exchange rate of the National Bank of the Republic of Kazakhstan set as of the date on which the turnover occurs.

4. The amount of value-added tax calculated in accordance with item 3 of this Article shall be paid no later than the deadline for the filing of a value-added tax return, established under Article 247 of this Code.

5. A payment document confirming payment of the value-added tax in accordance with this Article shall grant one the right to credit the amount of tax in accordance with Article 235 of this Code.

6. The provisions of this Article shall not apply if the work and services provided are work and services listed in Article 225 of this Code.

Chapter 36. TURNOVER TAXED AT THE ZERO RATE

Article 222. Exports of goods

1. Realization turnover of goods for export, with the exception of exports of nonferrous and ferrous scrap metal, shall be taxed at the zero rate.

Exports of goods shall mean the shipment of goods from the customs territory of the Republic of Kazakhstan, performed in accordance with the customs legislation of the Republic of Kazakhstan.

2. In the event that the export of goods is not confirmed in accordance with Article 223 of this Code, the realization turnover of said goods shall be subject to the value-added tax at the rate indicated in item 1 of Article 245 of this Code.

Article 223. Confirmation of the export of goods

1. Documents confirming the export of goods shall include:

1) an agreement (contract) for the delivery of goods being exported; 2) a freight customs declaration with notations by the customs authorities that released the goods under the export regime.

In the event that goods are transported under the export regime via a main pipeline system or via electric power lines, or using the incomplete periodic declaration procedure, a complete freight customs declaration bearing notations by the customs authorities that performed the customs processing shall serve as confirmation of export;

3) copies of shipping documents bearing a notation by the customs authority located at the point of entry at the customs border of the Republic of Kazakhstan.

In the event that goods are transported under the export regime via a main pipeline system or via electric power lines, an acceptance certificate for the goods shall be submitted in place of the copies of shipping documents.

2. Documents confirming the export of goods to member countries of the Commonwealth of Independent States that share a common border with the Republic of Kazakhstan shall be documents referred to in item 1 of this Article, as well as a copy of the freight customs declaration prepared in the country importing the goods that are being shipped from the customs territory of the Republic of Kazakhstan under the export regime.

In accordance with an international agreement, the authorized government agency of the Republic of Kazakhstan may establish a different procedure for confirming the export of goods to member countries of the Commonwealth of Independent States.

3. In the event of the further export of goods previously shipped outside the borders of the customs territory of the Republic of Kazakhstan under the regime that provides for processing outside the customs territory, or the further export of products of their processing, confirmation of export shall be carried out in accordance with items 1 and 2 of this Article, and also on the basis of the following documents:

1) a freight customs declaration, in accordance with which the processing regime is changed to the export regime;

2) a freight customs declaration prepared for the regime that provides for processing of goods outside the customs territory;

3) a copy of the freight customs declaration prepared when goods are imported onto the territory of a foreign state under a regime that provides for processing of goods on the respective customs territory (processing of goods under customs controls), certified by the customs authority that handled the goods;

4) a copy of the freight customs declaration prepared under the export regime when goods or products of their processing are shipped from the territory of the processing state, and certified by the customs authority that handled the goods.

Article 224. Taxation of work and services related to international shipments

1. The performance of work and the delivery of services in connection with international shipments shall be subject to the value-added tax at the zero rate.

2. For the purposes of this Article, work and services performed in connection with international shipments shall include:

1) work and services involving the transport, loading, unloading, transshipment, and expediting of goods exported from the territory of the Republic of Kazakhstan, as well as goods in transit across the territory of the Republic of Kazakhstan;

2) work and services related to the transport of mail, passengers, and baggage beyond the borders of the Republic of Kazakhstan;

3) technical, commercial, air navigation, and airport servicing of international flights.

3. In the event of the performance of work or delivery of services referred to in subitem 1) of item 2 of this Article, the zero rate shall be applied if the following conditions are met:

1) there is an agreement (contract) for the delivery of services or performance of work concluded directly with the supplier of the goods being exported;

2) the shipment is documented in the form of uniform international shipping documents, and in the event of the export of goods via a main pipeline system, documents confirming the transfer of the exported goods to the buyer or to other persons who are to provide for the further delivery of said goods to the buyer;

3) in the case of transit freight, a freight customs declaration for the goods imported onto the territory of the Republic of Kazakhstan and processed under the transit regime.

4. In the event of the performance of work or delivery of services referred to in subitems 2) and 3) of item 2 of this Article, the zero rate shall be applied if the following conditions are met:

1) there is an agreement (contract) for the performance of work or delivery of services concluded directly with the recipient of said work or services (the customer);

2) the transaction is documented in the form of uniform international shipping documents.

Chapter 37. TURNOVER AND IMPORTS EXEMPT FROM THE

VALUE-ADDED TAX

Article 225. Turnover exempt from the value-added tax

Realization turnover involving the following goods (work, services) shall be exempt from the value-added tax:

1) postage stamps (except collectible stamps);

2) excise stamps (accounting and control stamps intended for the marking of excisable goods in accordance with Article 549 of this Code);

3) services performed by authorized agencies in connection with which stamp duty is charged;

4) services provided by attorneys and notaries;

5) goods (work, services) provided by the National Bank of the Republic of Kazakhstan;

6) property realized through the privatization of state property;

7) the transfer of fixed assets free of charge to government institutions, as well as the transfer of fixed assets free of charge by government institutions to government enterprises in accordance with the legislation of the Republic of Kazakhstan;

8) contributions to authorized capital;

9) the return of property received as a contribution to authorized capital;

10) burial services provided by funeral homes, cemetery and crematorium services;

11) realization turnover involving lottery tickets, with the exception of services related to their realization;

12) services related to providing information and technological cooperation among settlement participants, including services related to the collection, processing, and mailing of bank card statements to settlement participants;

13) realization turnover referred to in Articles 226-233 of this Code.

Article 226. Turnover related to land and residential buildings

1. The realization of a residential building (or part of a residential building) and/or the leasing of such a building (part of such a building), including subleasing, shall be exempt from the value-added tax, with the exception of:

1) the initial realization of a residential building (part of a residential building) that has been constructed;

2) the realization or leasing of a building (part of a building) used for purposes of providing hotel services;

3) the provision of hotel guest services.

A building that underwent renovation (remodeling), the value of which is equal to at least 50 percent of the buildings original value, shall also be classified as a residential building that has been constructed if after the renovation the building will be used for residential purposes.

2. Transfer of the right of possession and use of a parcel of land and/or the leasing of a parcel of land, including subleasing, shall be exempt from the value-added tax, with the exception of the charge for providing a parcel of land for the parking or storage of automobiles and other vehicles.

Article 227. Financial services

1. Turnover involving the realization of financial services shall be exempt from the value-added tax if these services are listed under item 2 of this Article.

2. Financial services that are exempt from the value-added tax shall include:

1) the following banking services performed on the basis of a banking license issued by the National Bank of the Republic of Kazakhstan:

the acceptance of deposits, the opening and maintenance of bank accounts for individuals and legal entities;

the opening and maintenance of correspondent accounts of banks and institutions performing certain types of banking operations;

the opening and maintenance of metals accounts for individuals and legal entities, which are used to record the physical quantity of refined precious metals belonging to the given account holder;

transfer operations: execution of orders from individuals and legal entities to transfer money;

lending operations: granting credits in monetary form;

factoring and forfaiting operations;

the performance of settlements at the instruction of individuals and legal entities, including correspondent banks, using their bank accounts; fiduciary (trust) operations: management of money, refined precious metals, and securities in the interests and at the instruction of a principal;

clearing operations: the collection, checking, sorting, and confirmation of payments, as well as the netting of payments and determination of the net positions of clearing participants;

Lombard operations: the granting of short-term credits against collateral provided in the form of deposited liquid securities and movable property;

the organization of exchange operations with foreign currency;

the acceptance of payment documents for collection (with the exception of bills of exchange);

the granting of guarantees that call for execution in monetary form; the opening (granting) and confirmation of a letter of credit and the fulfillment of obligations under a letter of credit;

cash operations: the acceptance, issuance, conversion, changing, exchange, sorting, and packaging of cash;

the safekeeping of securities issued in non-documentary form;

the granting of bank sureties and other obligations for third parties that call for execution in monetary form;

2) operations with securities, services of professional participants in the securities market, as well as the services of organizations doing business in the securities market on the basis of a license issued in accordance with the legislation of the Republic of Kazakhstan;

3) insurance (reinsurance) operations, as well as services provided by insurance brokers (insurance agents) with regard to the conclusion and execution of insurance (reinsurance) agreements;

4) operations with payment cards, checks, bills of exchange, and certificates of deposit;

5) services related to the management of pension assets;

6) services of pension savings funds related to the attraction of pension contributions, and the distribution and allocation of investment income earned from pension assets;

7) the realization of a share interest in the authorized capital of an enterprise.

Article 228. Property transferred under a financial leasing arrangement

The transfer of property under a financial leasing arrangement shall be exempt from the value-added tax to the extent of the amount of interest to be received by the lessor, if the following conditions are met:

the transfer is in compliance with the requirements established under Article 74 of this Code;

the lessee is acquiring the property as fixed assets.

Article 229. Services provided by nonprofit organizations

Turnover involving the realization of services provided by nonprofit organizations referred to in item 1 of Article 120 of this Code shall be exempt from the value-added tax if it is related to:

1) providing services involving protection and social security for children, the elderly, war and labor veterans, and disabled persons;

2) the performance of rites and ceremonies by religious organizations and the realization of religious Articles.

Article 230. Geological exploration and geological prospecting operations

Turnover involving the realization of geological exploration and geological prospecting operations shall be exempt from the value-added tax.

Geological exploration and geological prospecting operations shall be understood to mean the entire range of interconnected operations performed in a certain sequence that involve the prospecting, exploration, evaluation, and preparation for development of deposits (beds) of hydrocarbon and mineral raw materials.

Article 231. Services and work in the cultural, scientific, and educational spheres

Services and work in the cultural, scientific, and educational spheres shall be exempt from the value-added tax if they are classified as:

1) services and work involving theatrical and concert performances, with the exception of services related to show business;

2) educational services and work in the area of pre-school education and child development; elementary, basic, secondary, and supplemental general education; elementary, secondary, higher, and post-graduate vocational and professional education; retraining and professional development, performed on the basis of the appropriate licenses to engage in the given types of activity;

3) scientific research services and work performed under a state order;

4) library services;

5) services and work related to preservation of the historical and cultural heritage, and valuable archival materials.

Article 232. Goods and services in the sphere of medical and veterinary activity

1. Realization turnover of goods (work, services) related to medical and veterinary services shall be exempt from the value-added tax when they involve:

1) the realization of medicines in any form, as well as materials and components for their production;

2) the realization of Articles intended for medical (veterinary) use, including prosthetic and orthopedic devices and medical (veterinary) equipment, as well as materials and components for their production;

3) the delivery of medical (veterinary) services, with the exception of cosmetic services.

2. The list of goods and services referred to in item 1 of this Article shall be approved by the Republic of Kazakhstan government.

Article 233. Sale of an enterprise

1. The realization of an enterprise or an independently functioning unit of an enterprise by one payer of the value-added tax to another payer of the value-added tax shall be exempt from the value-added tax on the basis of:

1) a liquidation balance sheet and/or a separation and transfer balance sheet of the enterprise indicating the assets being transferred, the sources of their acquisition/creation formation and/or liabilities relating to them;

2) a request signed by both parties to the transaction asking for an exemption from the value-added tax provided for under this item, submitted to the appropriate tax authorities no later than ten business days after the turnover occurs.

2. The provision of item 1 of this Article shall also apply in the event of the concession of rights granted under a subsurface use contract.

Article 234. Imports exempt from the value-added tax

1. Imports of the following goods shall be exempt from the value-added tax:

1) imports of the national currency or foreign currency (other than that used for numismatic purposes), as well as securities;

2) imports of goods by individuals in accordance with regulations governing duty-free imports of goods approved by the Republic of Kazakhstan government;

3) imports of goods, with the exception of excisable goods, being provided as humanitarian assistance, following the procedure established by the Republic of Kazakhstan government;

4) imports of goods, with the exception of excisable goods, being brought in for charitable purposes through official channels and arranged by a state, governments of states, and international organizations, including technical assistance;

5) imports of goods brought in for official use by foreign diplomatic missions and representative offices with equivalent status, and also for the personal use of diplomatic and administrative and technical personnel of these missions, including their family members who are residing with them and are exempt in accordance with international agreements ratified by the Republic of Kazakhstan;

6) imports of goods, which are to be declared in accordance with the customs legislation of the Republic of Kazakhstan, under customs regimes that establish tax exemptions;

7) imports of medicines, including medicinal substances; Articles intended for medical (veterinary) use, including prosthetic and orthopedic devices, devices for the blind and hearing-impaired, and medical (veterinary) equipment; materials and components for the production of medicines and aids for diabetics, Articles intended for medical (veterinary) use, including prosthetic and orthopedic devices, and medical (veterinary) equipment.

The list of goods and services referred to in this subitem shall be approved by the Republic of Kazakhstan government;

8) imports of postage stamps (except collectible stamps);

9) imports of raw materials for the production of bank notes effected by the National Bank of the Republic of Kazakhstan and its organizations;

10) imports of equipment for the servicing of payment cards;

11) imports of goods effected at the expense of grants provided through official channels by states, governments of states, and international organizations.

2. The procedure for granting an exemption from the value-added tax for imports of goods listed in item 1 of this Article shall be determined by the Republic of Kazakhstan government.

Chapter 38. VALUE-ADDED TAX CREDIT

Article 235. Value-added tax applied as a credit

1. Except as otherwise provided under this chapter, when determining the amount of tax payable to the budget, a recipient of goods (work, services) shall have the right to take as a credit the amount of value-added tax payable for goods received, including fixed assets, work, and services, if they are being used or will be used for purposes of taxable turnover, and also if the following conditions are met:

1) the recipient of the goods (work, services) is a payer of the value-added tax in accordance with item 1 of Article 207 of this Code;

2) the supplier has presented an invoice for the goods (work, services) sold, and if the supplier is not a payer of the value-added tax, the invoice shall be written up with the notation "No VAT";

3) in the case of imports of goods, the value-added tax has been paid to the budget;

4) in cases referred to under Article 221 of this Code, the value-added tax has actually been transferred to the budget.

2. The amount of value-added tax taken as a credit in accordance with item 1 of this Article shall be:

1) the amount of tax payable to suppliers on the basis of invoices that have been presented with the value-added tax identified separately;

2) the amount of value-added tax indicated in a freight customs declaration prepared in accordance with the customs legislation of the Republic of Kazakhstan, and paid to the budget of the Republic of Kazakhstan following the established procedure, and which is not refundable in accordance with the conditions of the customs regime;

3) the amount of tax indicated in a payment document confirming payment of the value-added tax in accordance with Article 221 of this Code;

4) the amount of tax indicated in ticket issued for travel by rail or air;

5) the amount of tax indicated in documents used by a supplier of municipal services, settlements for which are effected through banks;

6) in cases referred to under item 8 of Article 208 of this Code, the amount of tax indicated in an inventory of balances of goods prepared as of the date of registration as a payer of the value-added tax, provided that it is confirmed in accordance with the relevant subitems of this item;

7) in the event that goods (work, services) are paid for in cash, the amount of tax indicated on the cash register receipt.

3. The value-added tax payable to suppliers of goods imported into the Republic of Kazakhstan, which are subject to a different taxation procedure for exports and imports of goods in accordance with an international agreement, shall be taken as a credit following the procedure established by the Republic of Kazakhstan government.

4. The value-added tax shall be taken as a credit in the tax period in which the goods (work, services) are received, following the procedure established under item 2 of this Article.

In the event that the value-added tax is paid in accordance with Article 221 of this Code, the tax paid shall be taken as a credit in the tax period in which the tax was actually transferred to the budget.

5. If a payer of the value-added tax has both taxable and non-taxable turnover, including turnover that is exempt from the value-added tax, the value-added tax shall be taken as a credit in accordance with the procedure provided for under Article 239 of this Code.

Article 236. Value-added tax that may not be taken as a credit

Value-added tax shall not be credited if it is payable in connection with the receipt of:

1) goods (work, services) related to the performance of activities not classified as entrepreneurial activity of the payer of the value-added tax;

2) residential buildings (part of a residential building), with the exception of buildings used as hotels;

3) passenger cars acquired as fixed assets;

4) goods and services used for the renovation of leased residential buildings, with the exception of cases in which the renovation costs are reimbursed by the lessor in accordance with the leasing agreement and are taxable turnover of the lessee who carried out the renovation;

5) property (goods, work, services) received free of charge, with the exception of cases in which such property was delivered from outside the Republic of Kazakhstan and the recipient of the property paid the value-added tax at the time it was imported.

Article 237. Adjustment of the amount of value-added tax taken as a credit

1. Value-added tax previously taken as a credit shall be eliminated as a credit in the case of:

1) goods (work, services) not used for purposes of taxable turnover; 2) goods, including fixed assets, in the event of their spoilage or loss (with the exception of cases arising as a result of emergencies);

3) losses incurred by a natural monopoly in excess of established levels;

4) failure to comply with the provisions established under Article 242 of this Code.

2. For the purposes of this Article, the spoilage of goods (property) shall mean the deterioration of all or some of the qualities (characteristics) of the goods (property), as a result of which the given goods (property) cannot be used for purposes of taxable turnover.

The loss of goods (property) shall be understood to mean an event as a result of which the goods (property) have been destroyed and/or lost. The loss of goods (property) sustained by a taxpayer within the limits of natural loss standards established by the legislation of the Republic of Kazakhstan shall not be considered a loss in this context.

3. In the event of a change in the value of goods (work, services) received in cases referred to in item 2 of Article 218 of this Code, a corresponding adjustment shall be made in the amount of value-added tax previously taken as a credit.

4. An adjustment of the amount of value-added tax taken as a credit shall be effected in the tax period in which the events referred to in items 1 and 3 of this Article occurred.

Article 238. Adjustment of the amount of value-added tax taken as a credit for defaulted obligations

1. When a defaulted obligation on goods (work, services) is treated as income, the amount of value-added tax previously taken as a credit on these goods (work, services) shall be eliminated as a credit three years from the moment it was taken as a credit.

In the event that a payer of the value-added tax effects payment for goods (work, services) after the value-added tax has been eliminated as a credit, the amount of value-added tax on said goods (work, services) shall be reinstated as a credit in the tax period in which payment was made.

2. In the event that a supplier who is a payer of the value-added tax is declared bankrupt, elimination of the credit for the value-added tax previously taken as a credit shall be effected in the tax period in which judicial authorities issue the decision to remove from the State Register of Legal Entities the supplier-payer of the value-added tax who has been declared bankrupt.

3. The concept of a defaulted obligation shall be defined in accordance with Article 84 of this Code.

Article 239. Procedure for taking value-added tax as a credit when realization turnovers are not subject to the value-added tax

1. In the case of goods (work, services) used for purposes of non-taxable turnover, the value-added tax payable to suppliers and on imports shall not be taken as a credit.

2. If there are both taxable and non-taxable turnovers, the amount of value-added tax, determined by the proportional or separate method at the discretion of the payer of the value-added tax, shall be taken as a credit.

The method chosen for determining the amount of value-added tax to be taken as a credit may not be changed over the course of the tax year.

3. The value-added tax that cannot be taken as a credit in accordance with this Article shall be deductible when determining taxable income following the procedure established by this Code.

Article 240. Proportional method

1. Under the proportional method, the amount of value-added tax to be taken as a credit shall be determined on the basis of the proportion of taxable turnover in the total turnover.

2. For the purposes of item 1 of this Article, when performing operations with securities, capital gains resulting from the realization of securities shall be included in the turnover.

Article 241. Separate method

1. When determining the amount of value-added tax to be taken as a credit using the separate method, a payer of the value-added tax shall maintain separate accounting records of expenditures and value-added tax on goods (work, services) received and used for purposes of taxable and non-taxable turnover.

2. Banks and institutions performing certain types of banking operations that use the proportional method for taking the value-added tax as a credit shall have the right to employ the separate method to record the amount of value-added tax on turnovers related to the receipt and realization of pledged property (goods).

Chapter 39. INVOICE

Article 242. Invoice

1. An invoice shall be a mandatory document for all payers of the value-added tax, with the exception of those cases provided for under item 8 of this Article.

2. A payer of the value-added tax engaged in the realization of goods (work, services) subject to the value-added tax shall be required to present the person receiving said goods (work, services) with an invoice containing the value-added tax, with the exception of those cases provided for under item 8 of this Article.

3. An invoice that serves as the basis for taking value-added tax as a credit in accordance with Article 235 of this Code must indicate:

1) the ordinal number of the invoice and the date on which it was prepared;

2) the last name, first name, and patronymic, or the full name, address, and registration number of the supplier and recipient of the goods (work, services), as well as the number of the suppliers certificate of registration as a payer of the value-added tax;

3) the name of the goods (work, services) being sold;

4) the amount of taxable turnover;

5) the value-added tax rate;

6) the amount of value-added tax;

7) the value of the goods (work, services), including the value-added tax.

4. An invoice shall be issued no later than the date on which the realization turnover occurs and it shall be certified by the signatures of the manager and chief accountant of the supplier, or by other duly authorized officials.

5. Except as otherwise established under this item, the amount of taxable turnover for each type of goods (work, services) shall be indicated separately in an invoice.

The total amount of turnover may be indicated if a document is attached to the invoice which contains a list of the goods (work, services) being sold. In this case the invoice must contain information about the number and date of said document, as well as the name of the document.

6. Payers of the value-added tax who apply the special tax regime for legal entities that are agricultural producers shall issue invoices following the procedure and form established by the authorized government agency.

Payers of the value-added tax referred to in this item shall write up invoices including the value-added tax in a total amount that does not exceed the amount of tax assessed on income in accordance with item 2 of Article 388 of this Code.

7. The value of goods (work, services) and the amount of value-added tax in an invoice shall be indicated in the national currency of the Republic of Kazakhstan, with the exception of cases in which goods (work, services) are sold under foreign trade contracts, as well as cases provided for by legislative acts of the Republic of Kazakhstan.

8. Preparation of an invoice shall not be required in the following cases:

1) when settlements for municipal services and communications services provided to the public are effected through banks using primary documents that serve as the basis for maintaining accounting records;

2) when tickets are used for passenger travel;

3) when a buyer is issued a cash register receipt in the case of goods (work, services) sold to the public for cash;

4) when goods (work, services) are provided that are exempt from the value-added tax.

Article 243. Preparation of invoices given an adjustment in taxable turnover

1. When there is an adjustment in the amount of taxable turnover, an additional invoice shall be prepared, which shall indicate:

1) the serial number of the additional invoice and the date on which it was prepared;

2) the serial number of the original invoice and the date on which it was prepared;

3) the name, address, and registration number of the supplier and recipient of the goods (work, services);

4) the amount of the adjustment in taxable turnover, not including the value-added tax;

5) the amount of value-added tax.

2. An additional invoice shall be prepared by the supplier of the goods (work, services) and shall be confirmed by the recipient of said goods (work, services).

Chapter 40. PROCEDURE FOR CALCULATION AND PAYMENT OF THE TAX

Article 244. Value-added tax payable to the budget on taxable turnover

The amount of value-added tax payable to the budget on taxable turnover shall be defined as the difference between the amount of value-added tax assessed on taxable turnover in accordance with Article 245 of this Code, and the amount of tax taken as a credit in accordance with Article 235 of this Code.

Article 245. Value-added tax rates

1. The value-added tax rate shall be equal to 16 percent and shall be applied to the amount of taxable turnover, except in those cases provided for under item 2 of this Article.

2. Turnover involving the realization of goods (work, services) indicated in Articles 222-224 of this Code shall be subject to the value-added tax at the zero rate.

3. The value-added tax rate on taxable imports shall be equal to 16 percent of the amount of taxable imports established under Article 220 of this Code.

Article 246. Tax period

1. The tax period for the value-added tax shall be a calendar month, with the exception of those cases provided for under items 2 and 3 of this Article.

2. If the average monthly amount of value-added tax payable to the budget for the previous quarter is less than 1,000 times the monthly index factor, the tax period shall be a quarter.

3. For payers of the value-added tax who apply the special tax regime for legal entities that are agricultural producers, the tax period for the value-added tax payable to the budget from activities to which said special tax regime applies shall be the tax year.

The tax period for the value-added tax payable to the budget from other activities shall be determined in accordance with items 1 and 2 of this Article.

Article 247. Tax return

1. A payer of the value-added tax shall be required to file a value-added tax return for each tax period no later than the 15th of the month following the tax period, except as otherwise provided under item 2 of this Article.

2. Payers of the value-added tax who apply the special tax regime for legal entities that are agricultural producers shall file a value-added tax return for each quarter no later than the 15th of the month following the reporting quarter.

3. A register of invoices for goods (work, services) acquired over the course of the tax period (over the course of the reporting quarter in the case provided for under item 2 of this Article), in which the taxable turnover exceeds T150,000, shall be filed at the same time as a return. The form of the invoice register shall be established by the authorized government agency.

Article 248. Deadlines for payment of the value-added tax

1. Except as otherwise provided under Article 389 of this Code, a payer of the value-added tax shall be required to pay the tax to the budget for each tax period on or before the day established as the deadline for the filing of a value-added tax return.

2. The value-added tax on imported goods shall be paid on the day established by the customs legislation of the Republic of Kazakhstan for making customs payments, with the exception of value-added tax payable by a taxpayer in those cases specified in Article 250 of this Code.

3. The deadline for payment of the value-added tax on imported goods may be changed following the procedure established under Article 249 of this Code.

Article 249. Change in the deadline for payment of the value-added tax on imported goods

1. A change in the deadline for payment of the value-added tax on imported goods shall be made by tax authorities in the event that:

1) the imported goods are intended for industrial processing;

2) the imported goods are water, gas, or electrical power.

2. For the purposes of this Article, the industrial processing of goods shall be understood to mean their further use in a production process, if at least one of the following conditions is met:

1) the product (goods) obtained after industrial processing have a code under the foreign economic activity commodity nomenclature that differs from the code of the goods used, at the level of any of the first four digits;

2) in the production process the goods are subject to chemical treatment using additional labor.

3. A change in the deadline for payment of the value-added tax in accordance with this Article shall be effected, without the assessment of a penalty, by a period of not more than three months from the day on which the freight customs declaration is accepted by the customs authority.

4. A change in the deadline for payment of the value-added tax in accordance with this Article shall be effected on the basis of the following documents;

an application;

a copy of the agreement (contract) for the delivery of goods.

Tax authorities shall have the right to perform an inspection of production capacities of a payer of the value-added tax in order to confirm the right to change the payment deadline.

5. Payers of the value-added tax who regularly receive imported goods for industrial processing shall be granted a permit by the authorized government agency allowing them to perform the customs processing of the goods and payment of the value-added tax on the basis of modified deadlines, which shall remain in effect over the course of the calendar year.

A permit provided for under this item shall serve as the basis for the customs processing of goods with a change in the deadline for payment of the value-added tax by no more than three months from the date on which a freight customs declaration is received by a customs authority.

In order to obtain a permit, documents referred to in item 4 of this Article shall be submitted to the authorized government agency, in addition to a determination by the tax authority with which the payer of the value-added tax is registered regarding the existence of the relevant production capacities and premises.

6. The discharge of taxes for which the payment deadlines have been changed in accordance with this Article shall be effected by tax authorities within a three-month period using the method of mutual settlements with the budget for the value-added tax on goods sold.

A penalty shall be charged on the outstanding tax debt starting on the first day after expiration of the three-month period.

7. In the event that goods are sold without industrial processing, the value-added tax shall be calculated in accordance with Article 244 of this Code, and a penalty shall be assessed following the established procedure.

Article 250. Payment of the value-added tax on imported goods using the crediting method

1. The value-added tax on imported equipment, and also on imported spare parts brought into the c