Контрольная работа по "Налогам". 156

4.4. Types of taxes and other obligatory payments to the budget

What taxes and other obligatory payments to the budget are stipulated by the tax legislation of the Republic of Kazakhstan?

According to Article 60 of the Tax Code of the Republic of Kazakhstan, the following types of taxes are established in the Republic of Kazakhstan:

1. Corporate income tax

2. Individual income tax

3. Value added tax

4. Excises

5. Taxes and special payments of the subsoil users

6. Social tax

7. Land tax

8. Tax on transport vehicles

9. Property tax

Moreover, according to Article 61 of the Tax Code of the Republic of Kazakhstan, the following types of levies are established in the Republic of Kazakhstan:

1. Levy for state registration of legal entities

2. Levy for state registration of individual entrepreneurs

3. Levy for state registration of the rights to immovable property and transactions with it

4. Levy for state registration of radio and electronic facilities and high-frequency devices

5. Levy for state registration of mechanical transport vehicles and trailers

6. Levy for state registration of marine, river and small size vessels

7. Levy for state registration of civil aircrafts

8. Levy for state registration of medical remedies

9. Levy for vehicle driving through the territory of the Republic of Kazakhstan

10. Levy on auction sales

11. Stamp duty

12. License fee for the right to be engaged in certain types of activity

13. Levy for issue of permission to use the radio-frequency spectrum by the TV and broadcasting organizations.

Article 62 of the Tax Code of the Republic of Kazakhstan establishes the obligatory payments to the state budget according to the list given below:

1. Payment for use of land plots

2. Payment for use of surface water resources

3. Payment for pollution of the environment

4. Payment for use of fauna

5. Payment for forest utilization

6. Payment for use of specially protected nature territories

7. Payment for use of radio-frequency spectrum

8. Payment for use of navigable waterways

9. Payment for allocation of outdoor (visual) advertisement.

Article 63 of the Tax Code of the Republic of Kazakhstan determines the state duty. And Article 64 of the Tax Code determines the customs payments:

1. Customs duty

2. Customs levies

3. Payments

4. Charges.  

 

4.4.1. Corporate income tax  

 

Who are the payers of corporate income tax?

According to Article 77 of the Tax Code of the Republic of Kazakhstan, legal entities, residents of the Republic of Kazakhstan, except for the National Bank of the Republic of Kazakhstan and state institutions, as well as legal entities, non-residents, which perform activity in the Republic of Kazakhstan via their permanent establishments or receive income from the sources in the Republic of Kazakhstan shall be deemed the payers of corporate income tax.  

 

What is an object of corporate income tax?

According to Article 78, taxable income, income subject to taxation at the source of payment, net profit of a legal entity – non-resident, which performs its activity in the Republic of Kazakhstan via its permanent establishment shall be deemed the corporate income tax taxable objects.  

 

How the taxable income is formed?

Taxable income shall be determined as a difference between the adjusted aggregate annual income and the deductions, stipulated by the Tax Code, taking into account the adjustments of taxable income.

Aggregate annual income of legal entity – resident shall consist of all types of incomes due (received) in the Republic of Kazakhstan and outside within a fiscal period, and, moreover, include income from disposal of goods (works, services), property received for free, dividends, remuneration and any other types of incomes as stipulated for by Article 80 of the Tax Code. Aggregated annual income of taxpayer shall be subject to adjustment in accordance with Article 91 of the Tax Code. Thus, for example, incomes received from transactions with state securities and some other types of incomes shall be deducted from it.

According to the general rule as stipulated for by Article 92 of the Tax Code, expenses of the taxpayer associated with aggregate annual income generation shall be deducted when determining the taxable income, except for the expenses not subject to deduction as stipulated for by the provisions of Article 104 of the Tax Code. At the same time some types of expenses shall be charged to deductions within the limits stipulated by the legislative standards.

Taxable income shall be subject to further adjustment in accordance with the procedure as stipulated for by Article 122 of the Tax Code. In particular, expenses, actually incurred by the taxpayer to maintain the objects of social sector, shall be deducted from the taxable income within the limits of 2% from the taxable income.  

 

What are the cases when the corporate income tax shall be withdrawn at the source of payment?

According to Article 131 of the Tax Code, some types of incomes shall be subject to taxation at the source of income. In particular, they are dividends, incomes of non-residents received from the sources in the Republic of Kazakhstan, remuneration paid by legal entity and others. Tax agent shall determine an amount of tax by applying the rate of 15% to the amount of income payable (except for the income of non-residents received from the sources in the Republic of Kazakhstan). Tax shall be withdrawn at the source of payment when paying the income, regardless the form and place of income payment. It shall be transferred, according to the general rule, within a period of no later then five working days after the expiration of the month a payment has occurred in.  

 

What is the procedure to calculate and pay corporate income tax?

Corporate income tax shall be calculated for a tax period (calendar year) by applying the rate of 30% to the taxable income. If land is a basic production mean for a taxpayer, then his taxable income shall be taxed at a rate of 10%.

Taxpayers shall pay corporate income tax by making advance payments of equal shares within a tax period no later than 20th day of the current month. Declaration on corporate income tax shall be submitted to the tax bodies not later than 31 March of a year following the reporting tax period (except for the legal entities using the special tax regime). A taxpayer shall make the final settlement on corporate income tax on the results of the tax period not later than within ten days following 31 March.  

 

What is the procedure to tax non-residents by corporate income tax?

Determination of taxable income, calculation and payment of corporate income tax from legal entity – non-resident performing an activity in the Republic of Kazakhstan via the permanent establishment, shall be carried out in the same procedure as for residents. At the same time, all types of income associated with the activity of the permanent establishment shall be charged to income of legal entity – non-resident. Expenses directly associated with income gaining from the activity in the Republic of Kazakhstan via the permanent establishment, regardless the fact whether they have been incurred in the Republic of Kazakhstan or outside (except for the expenses not subject to deduction) shall be charged to deductions.

In addition to corporate income tax, net profit of the legal entity – non-resident performing activity in the Republic of Kazakhstan via the permanent establishment, shall be subject to taxation at the rate of 15%.

Income of the legal entity – non-resident, not associated with its permanent establishment in the Republic of Kazakhstan, shall be subject to income tax at the source of payment without deductions at the rates as stipulated for by Article 180 of the Tax Code – from 5 to 20% depending on type of tax. A tax agent, a person paying the income, shall bear obligation and responsibility to calculate, withhold and pay the income tax at the source of income to the state budget

When taxing the income of non-residents you shall, however, take into consideration the availability of international treaties, ratified by the Republic of Kazakhstan, as in case of availability of such treaty, its provisions shall prevail over the standards of the Tax Code of the Republic of Kazakhstan.  

 

4.4.2. Individual income tax  

 

Who is a payer of individual income tax?

According to Article 141 of the Tax Code of the Republic of Kazakhstan, individuals having the objects of taxation shall be deemed the payers of individual income tax.

 

What is an object of individual income tax?

Income subject to taxation at the source of income (income of the employee, income from lump sum payments, income from dividends and other income as stipulated for by Article 146 of the Tax Code) and income not subject to taxation at the source of income (property tax, taxable income of individual entrepreneur and other income as stipulated for by Article 163 of the Tax Code) shall be deemed the object of taxation by the individual income tax. At the same time, Article 144 of the Tax Code determines a list of individuals’ income not subject to taxation, in particular, an addressed social aid, remuneration on bank deposits, income on transactions with state securities and some other types of income.  

 

What is the procedure to calculate and pay the individual income tax?

An amount of individual income tax shall calculated by applying the rate from 5 to 30% (depending on amount of income) to the income reduced by the amount of obligatory pension payment to the accumulative pension funds. Income from dividends, remuneration (except for insurance premium paid on accumulative insurance agreements), winnings shall be taxed at the rate of 15%.

According to Article 147 of the Tax Code, the tax agents, who withhold tax at the source of income (except for the tax agents applying the special tax regimes), shall pay tax within 5 working days following the last day of tax payment of the reporting month.

Individual income tax on income not subject to taxation at the source of payment shall be calculated individually by the taxpayer and shall be paid on the results of the tax year not later than within ten working days from 31 March of a year following the reporting one.

An amount of individual income tax on the income of lawyers and private notaries shall be calculated on a monthly basis by applying the rate of 10% to the amount of income received and shall be paid not later than 5th days of the month following the reporting one.  

  

  

 

Whether all individuals shall file tax return on individual income tax?

Only certain categories of the taxpayers, including people having the income not subject to taxation at the source of payment, individuals having money on foreign banks’ accounts and the other categories of people as stipulated for by Article 171 of the Tax Code shall file a tax return on individual income tax not later than 31 March of a year following the tax one.  

 

4.4.3. Value added tax  

 

What is the value added tax?

According to Article 205 of the Tax Code of the Republic of Kazakhstan, VAT is a payment to the budget of a part of the cost of the taxable turnover on disposal, added in the process of production and circulation of goods (works, services), as well as payments when importing goods to the territory of the Republic of Kazakhstan. VAT payable to the budget on taxable turnover shall be determined as a difference between the amounts of VAT assessed to the disposed goods (works, services) and the amounts of VAT payable for the goods (works, services) received.  

 

W ho is a VAT taxpayer?

According to Article 207 of the Tax Code, persons, who are registered or are obliged to register for VAT purposes in the Republic of Kazakhstan, shall be deemed the VAT taxpayers. The payers of VAT on import of goods shall be deemed persons, which import these goods in the territory of the Republic of Kazakhstan in accordance with the Customs legislation of the Republic of Kazakhstan.  

 

What is a VAT taxable object?

According to Article 206 of the Tax Code, taxable turnover and taxable import shall be a VAT taxable object. Turnover on disposal of goods (works, services) in the Republic of Kazakhstan carried out by the VAT taxpayer, except for the turnover exempted from VAT, shall be deemed a taxable turnover. The goods being imported or imported in the territory of the Republic of Kazakhstan (except for the VAT exempted ones), subject to declaring in accordance with the Customs legislation of the Republic of Kazakhstan shall be deemed the taxable import.  

 

What are the VAT rates?

According to Article 245 of the Tax Code, the VAT rate on taxable turnover and taxable import shall equal to 16%. A turnover on disposal of goods for export (except for export of non-ferrous metal and iron-and-steel scrap), as well as execution of works, rendering services associated with international transportation shall be subject to VAT at a zero rate.

Turnover on disposal of goods (works, services) as stipulated for by Articles 225 – 233 of the Tax Code and including, in particular, contributions to the authorized capital, financial services, property transfer to the financial leasing, exploration work shall be VAT exempted. According to Article 234 of the Tax Code, import of some goods, including import of goods by individuals in compliance with the duty-free import of goods standards, import of foreign currency, medical remedies and the other goods as stipulated for by the present Article shall be VAT free.  

 

What is a procedure to pay value added tax?

According to Article 248 of the Tax Code, a VAT taxpayer shall pay a tax to the budget for each tax period before and on a day of established period to file the VAT return. VAT return for each tax period shall be filed not later than 15 day of a month following the tax period.

At the same time, a calendar month shall be deemed a tax period for value added tax, however, if a average monthly VAT amount payable to the budget for a previous quarter is less than 1000 monthly calculated indexes, then the quarter shall be deemed a tax period. For VAT taxpayers using the special tax regime for legal entities – producers of agricultural products, a tax year shall be deemed a tax period on VAT payable to the budget from the income gained from the activity the mentioned special tax regime is applied for.

VAT on import shall be paid on a day as determined by the Customs legislation of the Republic of Kazakhstan to pay the customs payments. At the same time a deadlines to pay VAT on import may be change in accordance with the procedure as stipulated for by the Tax Code.  

 

4.4.4. Excises  

 

Who is a payer of excises?

Individuals and legal entities, which produce excisable goods and carry out the excisable types of activity in the territory of the Republic of Kazakhstan, which import the excisable goods in the customs territory of the Republic of Kazakhstan or conduct any other transactions as stipulated for by Article 256 of the Tax Code, shall be deemed the payers of excises.  

 

What is an object of excise taxation?

Transactions, conducted by the excise payers with the excisable goods produced and (or) extracted, and (or) bottled, the wholesale or retail sale of gasoline (except for aviation one) and diesel fuel, as well as any other transactions as stipulated for by Article 259 of the Tax Code shall be deemed the excise taxable object.

List of goods produced in the territory of the Republic of Kazakhstan and imported to the territory of the Republic of Kazakhstan (alcoholic beverages, tobacco goods, passenger cars, crude oil and the others), as well as the types of activity (gambling, organization and conducting of lotteries) subject to excise shall be determined by Article 257 of the Tax Code.  

 

How the tax base is determined?

Article 261 of the Tax Code establishes a procedure to determine the tax base to pay excises. Thus, a tax base for excisable goods the fixed excise rates are stipulated for shall be determined as a volume of excisable goods produced or disposed in kind. A tax base for excisable goods the advalorum excise rates are stipulated for shall be determined as a cost of the excisable goods produced or disposed and calculated on the basis of the prices that do not include excises and VAT, which the producer uses to ship these very goods.

A tax base of imported excisable goods the fixed excise rates are established for shall be determined as a volume of imported excisable goods in kind as stipulated for by Article 276 of the Tax Code. When importing the excisable goods the advalorum excise rates are established for, the taxable base shall be determined as a customs value of imported excisable goods defined in accordance with the customs legislation of the Republic of Kazakhstan.  

 

What is a procedure to calculate and pay excises?

According to Article 269 of the Tax Code, calculation of excise amount shall be done applying the determined excise rate to the tax base. Calculation of excise amount on gambling shall be done applying the excise rate stipulated for a tax period to the number of taxable objects. Excise rates shall be approved by the Government of the Republic of Kazakhstan and shall be determined in percentage (advolorum) to the value of the goods and (or) in absolute amount to the unit (fixed) in kind.

Article 271 of the Tax Code shall stipulate the deadlines to pay excises. Thus, for example, excise on all types of alcohol, alcohol and tobacco goods shall be transferred to the budget not later than on 10th day after the transaction is completed. In case of transfer of crude oil, including condensed gas extracted in the territory of the Republic of Kazakhstan, for industrial refining, excise shall be paid on a date of transfer.

According to Article 277 of the Tax Code, excise on imported goods shall be paid on a date as determined by the Customs legislation of the Republic of Kazakhstan to pay customs payments. Excises on imported excisable goods subject to marking shall be paid before or on a date of obtaining the excise duty stamps.  

 

4.4.5. Subsoil users’ taxation

 

Who is a payer of taxes and payments associated with subsoil use?

According to Article 280 of the Tax Code of the Republic of Kazakhstan, individuals and legal entities that carry out transactions on subsoil use in the Republic of Kazakhstan, as well as extraction of minerals from technogenic mineral formations shall be deemed the payers of excess profit tax and subsoil users’ special payments (bonuses and royalties).

 

How the tax regime for subsoil users is established and what models to exist?

Tax regime established for subsoil user shall be stipulated for in the Subsoil Use Contract. According to Article 283 of the Tax Code, taxation of subsoil users is divided into two models: first one stipulates a payment by the subsoil user of all types of taxes and the other obligatory payments to the budget; the second model stipulates the payment (transfer) by subsurface user of a share to the Republic of Kazakhstan under the production sharing, as well as the payment of all types of taxes and the other obligatory payments, except for excise on crude oil and other minerals, excess profit tax, land tax and tax on property. The second model shall be established only in production sharing agreements.

   

 

What is the procedure to pay the signature bonus by the subsoil user?

According to Article 288 of the Tax Code, the signature bonus is a lump sum fixed payment for the right to exercise subsoil use activity within the contract territory, and it shall be determined when signing the contract. The Government of the Republic of Kazakhstan shall define initial amounts of signature bonuses on the basis of calculations made in relation to the volume of minerals and economic value of the field. The final amount of signature bonus shall be stipulated in the contract, but not lower than the starting amounts.

Signature bonus shall be paid to the budget within the deadlines as stipulated in the contract, but not later than thirty calendar days from the date the contract comes into effect. Declarations of Signature Bonus shall be submitted by subsoil user to the Territorial Tax Authorities in the place of his registration by the 15 day of the month following a reporting one.  

 

What is a procedure to pay commercial discovery bonus by the subsoil user?

According to Article 291 of the Tax Code, commercial discovery bonus shall be determined as a fixed payment for each commercial discovery in the contract territory, except for the contracts on conducting the exploration of fields of useful minerals, which do not envisage their subsequent production.

The volume of minerals resources produced in the field as approved by the Authorized State Body shall be deemed the object of taxation. The value of the approved volumes of minerals produced shall be deemed the base to calculate a payment on.

Commercial discovery bonus rate shall be determined in percentage to the value of the approved volumes of minerals produced on the corresponding commercial discovery, on the assumption of individual terms to carry out subsoil use as stipulated in each Subsoil Use Contract, but not less than 0.1%. Deadline to pay commercial discovery bonus shall be stipulated by the Contract. The subsoil user shall submit bonus declaration by 15 day of the month following the reporting one.  

 

What is a procedure to pay royalty by subsoil user?

Volume of minerals produced or volume of the first marketable product received from the minerals produced shall be deemed the royalty taxable object. Value of minerals shall be deemed the basis to calculate royalty.

Royalty rates shall be stipulated for by the Contract on the basis of the economics of the project on all types of useful minerals, except for the commonly occurring useful minerals and subsurface water. At the same time the royalty rate shall not be less than 0.5%. Royalty rate for commonly occurring useful minerals and subsurface water shall be determined on the basis of the fixed rates in percentage from 1% (for the non-metallic minerals for metallurgy) up to 10% (for subsurface water). Royalty rates for carbohydrates shall be determined on the basis of the sliding scale as a percent defined depending on the volume of production.

Royalty on all types of useful mineral shall be paid not later that 15 days of the month following the tax period. Calendar year shall be deemed a tax period to pay royalty, however, if the average monthly royalty payments for the previous quarter equaled to the amount less than 1000 monthly calculated indexes, then a quarter shall be deemed a tax period. Declaration on royalty shall be submitted by the subsoil user not later then the 10th day of the month following the tax period.  

 

What is a procedure to pay tax on excess profit?

An amount of net income of subsoil user under each individual contract in a reporting year, under which subsoil users receive internal rate of profit in excess of twenty per cent, shall be deemed the tax base for excess profit tax.

Tax on excess profit shall be calculated at the rates from 0% up to 30% depending on the achieved level of internal rate of profit at the end of tax period (calendar year). Tax shall be paid not later than 15 April of a year following the reporting one. The subsoil user shall submit tax return on tax on excess profit not later that 10 April of a year following the reporting one.  

 

4.4.6. Social tax  

 

Who is the payer of social tax?

According to Article 315 of the Tax Code of the Republic of Kazakhstan, legal entities, residents of the Republic of Kazakhstan, as well as non-residents that carry out an activity in the Republic of Kazakhstan via their permanent establishments, individual entrepreneurs, private notaries and lawyers shall be deemed the payers of social tax.  

 

What is an object of taxation by social tax?

According to Article 316 of the Tax Code, the expenses of the employer payable in the form of employees’ income, except for some payments as stipulated for by this Article shall be deemed the objects of taxation for legal entities. The number of the employees, including the payers shall be deemed the object of taxation by social tax for the individual entrepreneurs, private notaries and lawyers.  

 

What is a procedure to calculate and pay social tax?

According to Article 318 of the Tax Code the payers (except for the legal entities and private entrepreneurs using the special tax regimes) shall do calculation of social tax on a monthly basis applying the tax rates to the object of taxation by social tax.

Legal entities, residents of the Republic of Kazakhstan (except for the legal entities and individual entrepreneurs using the special tax regimes), as well as non-residents performing activity in the Republic of Kazakhstan via permanent establishment shall pay social tax at the rate of 21%. Exclusion is payment of social tax for foreign specialists of administrative and management, technical and engineering staff, the rate of 11% shall be applied to.

Individual entrepreneurs (except for those using special tax regimes), private notaries and lawyers shall pay social tax in amount of three monthly calculated index for them and in amount of two monthly calculated index for each employee. Specialized organizations the disabled people with disorders of locomotor apparatus, hearing, aphasia, visually handicapped work for shall pay social tax for disabled people at the rate of 6.5%.

The payers shall file declaration on social tax on a quarterly basis not later than the 15 days of a month following the reporting quarter. The payers (except for the legal entities and individual entrepreneurs using special tax regimes) shall carry out tax payment not later than 15 days of a month following the reporting one.  

 

4.4.7. Land tax

Who is a payer of land tax?

Individuals and legal entities having the objects of taxation in their ownership, permanent use or primary charge-free temporary use shall be deemed the payers of land tax. Certain categories of taxpayers as stipulated for by Article 324 of the Tax Code shall not be deemed the payers of land tax (payers of single land tax, religious associations, etc.).  

  

 

What is an object of land tax and tax base?

According to Article 326 of the Tax Code, a land plot, except for the land plots of common use of populated areas, land plots occupied by a network of state motor roads of common use, and the land plots occupied by the objects suspended upon the decision of the Government of the Republic of Kazakhstan shall be deemed the object of taxation.

An area of land plot shall be deemed a tax base to determine the land tax.  

 

What are the rates of land tax?

According to Article 323 of the Tax Code, for the purpose or taxation and depending on special-purpose designation al lands shall be classified into categories. Thus, only the land of agricultural designation, populated areas and industrial land shall be subject of taxation by land tax. The remained categories of land shall be subject to taxation only in case of their transfer to permanent or primary charge-free temporary land use.

On the basis of such classification, Chapter 54 of the Tax Code establishes the basic rates of land tax. Thus, for example, the basis rates of land tax on lands of agricultural designation shall be established in proportion to the yield class number on 1 hectare and shall be differentiated by quality of soils from 0.48 KZT up to 202.65 KZT.

According to Article 338 of the Tax Code, the local representative bodies shall have a right to reduce or increase the rates of land tax but not more than by 50% of the basic rates of land tax pursuant to the land zoning projects (schemes) carried out in accordance with the land legislation of the Republic of Kazakhstan. Certain categories of taxpayers, for example, nonprofit organization, apply 0.1 coefficient to the corresponding rates when calculating the tax.  

 

What is a procedure to calculate and pay the land tax?

A taxpayer (except for legal entities that make settlements with the budget using the special tax regime for legal entities, the producers of agricultural products) shall calculated taxes by applying the relevant tax rate to the tax base individually on each land plot.

Legal entities shall calculate and pay current payments on land tax during a tax period. The amounts of current payments shall be paid in equal parts within the deadlines not later than 20 February, 20 May, 20 August, 20 November of the current year. The final calculation and payment of land tax shall be carried out within a period not later than 10 days upon the deadline to submit the tax return for a tax period (calendar year) occurs. Declaration on land tax shall be submitted (except for legal entities that carry out payments to the budget using the special regime for the producers of agricultural goods) to the Territorial Tax Authorities in the place of location of objects of taxation by 31 March of a year following a reporting one.

On the basis of the corresponding tax rates and tax base, Tax Authorities shall carry out assessment of land tax payable by individuals by 1 August. Individuals shall pay a land tax to the budget by 1 October of the current year.  

 

4.4.8. Tax on transport vehicles  

 

Who is a payer of tax on transport vehicles?

Individuals having the objects of taxation in ownership, as well as legal entities and their departments having objects of taxation in ownership, economic or operational management shall be deemed the payers of tax on transport vehicles. Certain categories of taxpayers as stipulated for by Article 345 of the Tax Code shall not pay tax on transport vehicle. Such categories, in particular, shall include the payers of single land tax within the quotas of use of transport vehicles, organizations funded only by state budget and some other categories.  

 

What is an object of taxation by tax on transport vehicles?

According to Article 346 of the Tax Code, transport vehicles except for trailers subject to state registration an (or) registered in the authorized body shall be deemed the objects of taxation. At the same time the mine (dump) trucks with the load capacity of 40 tones and above, as well as specialized medical transport vehicles shall not be objects of taxation.  

 

What rates are applied to transport vehicles?

Tax assessment shall be carried out at the rates established in the monthly calculated indexes (MCI). The amounts of rates are stipulated for by Article 347 of the Tax Code and, in particular, shall be from 4 up to 117 MCI for passenger vehicles, from 6 up to 15 MCI for freight and specialized vehicles. At the same time the adjustment coefficients shall be applied to the tax rates. Thus, the adjustment coefficients from 0.1 up to 1.0 shall be applied to passenger vehicles whose period of operation exceeds 6 years before the expiry of the period established for tax payment.

What is a procedure to assess and pay the tax?

Taxpayers (except for legal entities that make payments to the budget using the special tax regime for the producers of agricultural goods) shall individually assess the tax amount taking into consideration the objects of taxation, tax rates and adjustment coefficients on each transport vehicle.

Payment of tax shall be carried out to the budget at the place of registration of the objects of taxation not later than 1 July of the reporting period (calendar year). Taxpayers, legal entities, shall make final payment of the tax on transport vehicles within a period of no later than 10 days from the moment the period to submit the declaration on tax on transport vehicles for a reporting period occurs. At the same time the declaration shall be submitted by no later than 31 March of a year following the reporting one.  

 

4.4.9. Tax on property  

 

а)Tax on property of legal entities and individual entrepreneurs  

 

Who are the taxpayers?

Legal entities having the objects of taxation in ownership, economic or operational management within the territory of the Republic of Kazakhstan, as well as individual entrepreneurs, having the object of taxation in ownership within the territory of the Republic of Kazakhstan shall be deemed the payers of tax on property. Legal entities, non-residents of the Republic of Kazakhstan, shall be deemed the payers of tax on the objects of taxation located in the territory of the Republic of Kazakhstan.

Certain categories of entities as stipulated for by Article 351 of the Tax Code shall not be deemed the payers of tax on property. They are, in particular, the payers of single land tax within the quotas established, religious associations, etc.  

 

What is an object of taxation by tax on property, and what is a tax base?

Capital assets and intangible assets shall be deemed the object of taxation for legal entities and individual entrepreneurs. At the same time, Article 353 of the Tax Code stipulates the property, which is not the object of taxation, such as land, transport vehicles and any other property.

The average depreciated cost of the objects of taxation determined on the basis of the accounting data shall be deemed the tax base on the objects of taxation for legal entities and individual entrepreneurs.  

 

What is a procedure to assess and pay tax on property?

Taxpayers (except for legal entities that carry out payments to the budget using the special tax regime for legal entities, producers of agricultural goods) shall individually assess tax applying the corresponding tax rate to the tax base.

According to the general rule, legal entities and individual entrepreneurs shall assess tax on property at a rate of 1% applied to the average annual cost of the objects of taxation. Certain categories of legal entities as listed in Article 355 of the tax Code (in particular, nonprofit organizations and organizations that perform an activity in a social sector) shall calculate tax on property at the rate of 0.1%.

Payers of the tax shall be obliged to carry out the current payments of tax on property within a tax period (calendar year). The amounts of current payment of tax shall be paid by the taxpayers in equal parts not later that 20 February, 20 May, 20 August and 20 November of the reporting period.

Final calculation and payment of tax on property shall be made within a period but not later than a period to submit a declaration for a reporting period occurs. At the same time the declaration on tax on property shall be submitted by 31 March of a year following the reporting one.  

 

b)Tax on property of individuals  

 

Who is a payer of tax on property of individuals?

Individuals having the object of taxation in ownership shall be deemed the payers of tax on property of individuals. At the same time, Article 361 of the Tax Code determines the certain categories of individuals, who are not the payers of the tax on property of individuals (including military servicemen, pensioners residing separately within the value of the objects of taxation equal to one thousand monthly calculated indexes, etc.).  

 

What is an object of taxation and tax base?

Taxable object of tax on property of individuals, according to Article 363 of the Tax Code shall be deemed the living premises, summer residential construction, garages and any other constructions, buildings, premises located in the territory of the Republic of Kazakhstan, as well as the objects of constructions in process located in the territory of the Republic of Kazakhstan from the moment of residence (operation) owned by the individuals and not used in entrepreneurship activity.

Value of the objects of taxation determined on 1 January of each year by the authorized body appointed by the Government of the Republic of Kazakhstan shall be deemed the tax base.  

 

What is a procedure to calculate and pay the tax?

Calculation of tax on the objects of taxation of individuals shall be carried out by the Tax Authorities at the place of location of the object of taxation regardless the place of residence of taxpayer by applying the corresponding tax rate to the tax base within a period not later than 1 August of the reporting period.

According to Article 365 of the Tax Code the rates of the tax on property of individuals shall vary from 0.1% up to 1% from the cost of the object of taxation. Tax shall be paid to the budget at the place of location of the objects of taxation not later than 1 October of the reporting tax period (calendar year).  

 

4.4.10.Special tax regimes  

 

What are the categories of entrepreneurs the law stipulates the simplified tax regimes for?

According to Article 368 of the Tax Code of the Republic of Kazakhstan, the special tax regime with regard to the subjects of small business, farming, legal entities – the producers of agricultural goods, certain types of entrepreneurship activity have been stipulated.  

 

What is the special tax regime stipulated for the subjects of small business?

According to Article 370 of the Tax Code, the special tax regime shall determine a simplified process to calculate and pay social tax and corporate or individual income tax, except for individual income tax withheld at the source of income for the subjects of small business.

Income for a tax period that consists of all types of taxes received (receivable) in the Territory of the Republic of Kazakhstan and outside, except for the previously taxed income in case of availability of the documents confirming withholding of tax at the source of income and (or) single coupon, shall be deemed the object of taxation.

Subjects of small business shall be granted a right to individually select one of four procedures to calculate and pay the taxes: common procedure, special tax regime on the basis of single coupon, special tax regime on the basis of patent (license), special tax regime on the basis of simplified tax return.  

 

What is the special tax regime on the basis of single coupon?

According to Article 372 of the Tax Code, the special tax regime on the basis of single coupon shall be applied by individuals the activity of which is carried out periodically (they are engaged in activity not more that 90 days per year). The Authorized State Body shall determine the list of such types of activity.

Cost of single coupons shall be determined by the decision of the local representative bodies on the basis of the average daily data of timing control and researches conducted by the Tax Authority, taking into consideration the location, type, terms to perform the activity, quality and area of the object to gain income, as well as the other factors effecting the business efficiency.  

 

What is the special tax regime on the basis of patent?

According to Article 374 of the Tax Code, the special tax regime on the basis of a patent shall be applied by the individual entrepreneurs, which do not use the labor of employees, those performing an activity in the form of private business and having an income per year that does not exceed 1 billion tenge.

Calculation of patent cost shall be carried out individually by the entrepreneurs by applying the rate of 3% to the income reported. Cost of the patent shall be paid to the budget in equal parts in the form of individual income and social tax.  

 

What is a special regime on the basis of simplified tax return?

Article 376 of the Tax Code determine the requirements to the subjects of small business to carry out activity using special tax regime on the basis of simplified tax return. Calculation of tax on the basis of simplified tax return shall be done individually by the taxpayer by applying the corresponding tax rate to the object of taxation for a reporting tax period (quarter). Thus, income of individual entrepreneur shall be taxed at the rates from 4% up to 11% from the amount of income, and the income of legal entity shall be taxed at the rates from 5% up to 13%.

A simplified tax return shall be submitted to the Tax Authority on a quarterly basis not later than the 10th day of a month following the reporting tax period. Payment of the taxes assessed in equal parts in the form of individual (corporate) income tax and social tax shall be made within a period not later the 15th day of a month following the reporting one.  

 

What is a special tax regime for farming?

According to Article 378 of the Tax Code, the special tax regime for farming stipulates a special procedure of payments to the budget on the basis of payment of single land tax, and it shall apply to the activity of the farming engaged in production of agricultural goods, processing of agricultural goods produced by them and the disposal of such goods, except for the activity on production, processing and disposal of excisable goods. Payers of single land tax shall not be deemed the payers of individual income tax from income gained from the farming activity, VAT, land tax, tax on transport vehicles and tax on property (within the quotas established).

Assessed value of land plot shall be deemed the base to calculate the single land tax. Calculation of single land tax shall be done by applying the rate of 0.1% to the assessed value of the land plot.

A single land tax shall be paid by making current payment within a period not later than 20 October of the current tax year (calendar year) and by making the final payment in a period not later than 20 March of a tax period following the reporting one. Tax return on single land tax for a previous tax period shall be submitted by the payer of single land tax annually within a period not later than 15 March of the current tax period.  

 

What is a special tax regime of legal entities, producers of agricultural goods?

Article 385 of the Tax Code stipulates the requirements to perform the activity using a special tax regime for the legal entities, the producers of agricultural goods, which stipulates a special procedure to make payments to the budget on the basis of a patent.

Контрольная работа по Налогам. 156 📙 Контрольная → 🆔 63536

Контрольная работа по Налогам. 156 📙 Контрольная → 🆔 63536

Контрольная работа по "Налогам". 156