Налогообложение Резидентов и Неризидентов в Казахстане

Налогообложение Резидентов и Неризидентов в Казахстане

contents

Introduction

1 THEORETICAL ASPECTS OF FISCAL POLICY: TAXATION

1.1 Fiscal policy

1.2 Taxation

1.2.1 MAJOR TAXES and DUTIES

2 Features of Residents and Nonresidents taxation

2.1. Features of Resident

2.2 Permanent establishment of a nonresident

2.3 Nonresidents’ income from sources in the Republic of Kazakhstan

2.4 Procedure for the taxation of the income earned by nonresident

legal entities doing business without creating a permanent

establishment in the Republic of Kazakhstan

2.4.1 Procedure and deadlines for the payment of income tax at the

source of payment

2.4.2 Provisions specific to the calculation and payment of

income tax on

capital gains from the realization of securities

2.5 Procedure for the taxation of the income earned by nonresident

legal entities doing business through a permanent establishment

2.5.1 Procedure for taxation of the net income of a nonresident legal

entity from doing business through a permanent establishment

2.5.2 Procedure for taxation of the income of a nonresident legal

entity in certain cases

2.6 Procedure for the taxation of the income of income of nonresident

individual

2.6.1 Procedure for calculation and payment of the income tax on a

nonresident individual whose activities lead to the creation of a

permanent establishment

2.6.2 Procedure for the taxation of a nonresident individual’s income

in certain cases

2.6.3 Procedure and deadlines for prepayment of the individual income

tax

2.6.4 Statement of anticipated individual income tax and individual

income tax return

2.7 Special provisions regarding international agreements

2.7.1 Proportional distribution of expenses method

2.7.2 Direct deduction of expenses method

2.7.3 Procedure for payment of the income tax on income earned by

nonresidents from activity in the Republic of Kazakhstan not leading to the

creation of a permanent establishment

2.7.4 Procedure for the application of an international agreement with

respect to taxation of income from providing transportation services in

international shipping

2.7.5 Procedure for the application of an international agreement with

regard to the taxation of dividends, interest, and royalties

2.7.6 Procedure for the application of an international agreement with

regard to the taxation of net income from doing business through a

permanent establishment

2.7.7 Procedure for the application of an international agreement with

regard to the taxation of other income from sources in the Republic of

Kazakhstan

2.7.8 General requirements for the filing of a request to apply the

provisions of an international agreement

Conclusion

Appendix A

Appendix B

THE LIST of USED SOURCES

Introduction

The taxes are a necessary part economic activity in a society from the

moment of occurrence the states. Development and change of the forms of the

state system always lead to transformation of tax system. Taxes – is basic

sources of incomes of the state in a modern civilized society. Besides this

especially financial function, taxes are used for economic influence of the

state on public manufacture, its structure, and on condition of scientific

and technical progress. Among economic levers, through which the state

influences market economy, the important place belongs to the taxes. In

conditions of market economy any state widely uses tax policy as the

regulator of influence on the negative event in the market. The taxes, as

well as all tax system, are the powerful tool of management of economy in

terms of the market. The application of the taxes is one of economic

methods of management and maintenance of interrelation of nation-wide

interests with commercial interests of the businessmen and enterprises,

independent from departmental subordination, patterns of ownership and

legal form of the enterprise.

With the help of the taxes determined the mutual relation of the

businessmen, enterprises of all forms is the properties with the state and

local budgets, with banks, and also with higher-level organizations.

Through the taxes the foreign trade activities are adjusted, include the

attraction of the foreign investments.

The tax system in Kazakhstan is based on the Tax code enacted by the

president’s Decree that has the force of Law on Taxes and other obligatory

Payments to the Budget The taxes are the basic source of formation of a

profitable part of the budget of Republic of Kazakhstan. Not last role in

it plays the taxes from the nonresidents. According to the legislation on

Kazakhstan foreign citizens - residents in the Republic of Kazakhstan (RK)

are subject to individual income taxation on their worldwide income.

Foreign citizens - nonresidents are subject to taxation only on income

received from Kazakhstan sources. The following types of nonresidents’

income, among others, should be considered as received from sources in

Kazakhstan:

. Income received from operations in the RK under individual labor

agreements (contracts) or under other agreements of a civil-legal

nature;

. Directors fees and /or other payments received by members of aboard

of a resident legal entity, regardless of the place of the actual

performance of their functions;

. Fringe benefits received in connection with their assignment to

Kazakhstan its rates;

Payment and other conditions are regulated by the chapters 7, 10, 12,

15, 18 and other of Law on Taxes and other obligatory Payments to the

Budget. Taxation of foreign citizens in the RK is also regulated by

Conventions (agreements) on the avoidance of double taxation. In case there

is a Tax Convention signed between Kazakhstan and the other foreign state,

which may be applicable to a foreign employee, then the status of residency

is determined in compliance with this Convention. The Tax Conventions do

not regulate procedure of filing and regularity of tax payments. However,

based on the status of residency of a foreign employee determined by the

Tax Conventions specific reporting and taxation requirements stipulated by

the Kazakhstan tax legislation should be fulfilled with respect to

residents or nonresidents in the RK. In case the foreign employee is a

resident of the other foreign state, then he/she should be considered as a

nonresident for taxation purposes in Kazakhstan. In this case the foreign

employee should file a Certificate on the Estimated Personal In-come Tax

and pay personal income tax through the monthly transfer of advance

payments. In case a foreign employee is considered as a resident of

Kazakhstan, then the statutory rules do not contemplate filing of the

Certificate on the Estimated Personal Income Tax and contemplate in-come

tax payment once a year at the time of filing the income tax return from an

individual for a year.

1. THEORETICAL ASPECTS OF FISCAL POLICY: TAXATION

1.1 Fiscal policy

Fiscal (lat. fiscalis - state) policy (politics) - is the aggregate of

financial measures of the state on regulation of the governmental incomes

and expenditures. It changes significant depending on put strategic tasks,

as for example, anticrisis regulation, maintenance high employment,

struggle with inflation.

The modern fiscal policy defines basic directions of use of financial

resources of the state, means of financing and main sources of updating of

treasury. Depending on concrete - historical conditions in different

countries such policy (politics) has its own features. At the same time in

Developed Countries is used set of common measures. It includes straight

and indirect financial methods of regulation of economy.

To straight ways concern the means of budget regulation. By the means

of the state budget are financed:

1) expense on expanding of reproduction;

2) unproductive expenditures of the state;

3) development of an infrastructure, scientific researches and etc.:

4) realization of structural policy (politics);

5) the support of military producers complex etc.

With help of indirect methods state influences on financial opportunity

of the manufacturers of the goods and services and on the demand sizes of

customer. The important role here plays the System Taxation. Changing the

rates of the taxes on various kinds of the incomes, giving tax privileges,

reducing free minimum of the incomes etc., state aspires to achieve

probably steadier rates of economic Growth and to avoid sharp rises and

falls of manufacture.

To number of the important indirect methods assisting accumulation of

the capital, is the policy (politics) of the accelerated amortization. On

the essence, the state exempts the businessmen from payment taxes with part

of the profit, is artificial redistribute it in amortization fund. So, in

Germany in the beginning 70 years on a number of industries on amortization

it was authorized to write off till 20-30 of % of cost of a fixed capital

in one year. In Great Britain in first year of introduction in using of the

new equipment it was possible to deduct in fund of amortization 50 % of

cost new instruments of manufacture.

However in these cases the amortization is written off in the sizes,

that significant exceeding the valid deterioration basic capital, in

consequences the raise of price on made with the help of this equipment

production. If accelerated amortization expands financial opportunities of

the businessmen, simultaneously it deteriorates the condition of

realization of production and reduces purchasing power of population.

Depending on character of use direct and indirect financial methods

distinguish two kinds of fiscal policy of the state:

a) Discretion

b) Non-discretion.

a) Discretion (lat. discrecio - working on itself discretion) the policy

(politics) means the following. The state consciously regulates its

expenditure and taxation with the purposes of improvements economic of

situation of the country. At the same time government takes into account

the following checked up on practice functional dependences between

financial variable.

The first dependence: the growth of the state expenditures increases

cumulative demand (consumption and investments). Thereof increase output

and employment of the population. Is important to take into account, that

state expenditures influence on cumulative demand the same as to

investments (work as the animator of investment which has developed J.

Keynes). The animator state expenditures MG shows, how much grows total

national product D GNP in result of increase of these expenditures DG:

D GNP =DG ' MG

It is natural, that at reduction of state expenses G reduces the

volume of GNP.

Other functional dependence shows, that increase the sums of the taxes

are reduced the personal available income of household. In this case are

reduced demand and volume of production and employment of a labor. And on

the contrary: decrease (reduction) of the taxes conducts to increase of the

consumer expenditures, production and employment.

The change of the taxation gives multiply effect. However the

multiplier of the taxes is less than the multiplier of the investments and

state expenditures. Actually increase in unit of a gain of the investments

(and state expenditures) is directly influenced on increase in the volume

of the GNP. At reduction of taxes, grows available income, however part it

goes on the consumption, and stayed share is spent for the savings.

Mentioned functional dependences are used in discretion policy

(politics) of the state for influence on business cycle. Certainly, this

policy (politics) differs on different phases of a cycle.

For example, at crisis the policy (politics) of economic growth will be

carried out.

In interests of growth GNP the state expenditures are increased, the taxes

are reduced, and the growth of the expenditures is combined with reduction

the taxes so that multiply effect on state expenses was more than multiply

effect of the taxes. A result is reduction of recession of manufacture.

When there is an inflationary growth of manufacture (rise, induced by

surplus of demand), the government will carry out policy (politics) that

hold back business activity - reduces the state expenditures, increases the

taxes. These measures are combined so that multiply effect of reduction of

the expenditures was more, than multiplier of growth of the taxes. In

result the cumulative demand is reduced and volume GNP accordingly

decreases.

b) The second kind of fiscal policy - non-discretion, or policy of the

automatic (built - in) stabilizers. The automatic stabilizer - economic

mechanism, which without assistance of the state eliminates an adverse

situation on different phases business cycle. Basic built - in stabilizers

are tax receipt and social payments that are carried out by the state.

On a phase of rise, naturally, the incomes of firms and population

grow. But at the progressive taxation the sums of the taxes increased even

faster. In this period the unemployment is reduced, well being of needy

families is improved. Hence, decrease the payments of the unemployment

benefits and others social expenditures of the state. In a result the

cumulative demand is reduced, and it constrains economic growth.]

The tendency of transfer payment spending to rise during recessions

and fall during expansions results from the bases on which people qualify

to receive these payments. People qualify to receive welfare programs only

if their income falls below a certain level. They qualify for unemployment

compensation by losing their jobs. When the economy expands, incomes and

employment rise, and fewer people qualify for welfare or unemployment

benefits. Spending for those programs therefore tends to fall. When

economic activity falls, incomes fall. people lose jobs, and more people

qualify for aid, so spending for these programs rises.

Taxes affect the relationship between real GDP and personal disposable

income they therefore affect consumption expenditures. They also influence

investment decisions. Taxes imposed on firms affect the profitability of

investment decisions and therefore affect the levels of investment firms

will choose. Payroll taxes imposed on firms affect the costs of hiring

workers; they therefore have -impact on employment and on the real wages

earned by workers.

Exhibit below compares government revenues to government expenditures since

I996. We see that government spending in Kazakhstan has systematically

exceeded revenues, revealing an underlying fiscal deficit between 4 percent

and almost 9 percent of GDP, entailing substantial public sector borrowing

requirements. Until 1994, fiscal deficit had essentially financed through

monetary expansion by the Central bank, with a highly detrimental effect on

the rate of inflation during the period. Since then, the National Bank of

Kazakhstan has adopted a more independent monetary policy, and fiscal

deficits have basically financed either by the proceeds from privatization

of state assets or by borrowing foreign loans.

[pic]

Sources: Statistics Agency of RK, 2001

On a phase of crisis tax receipts automatically fall and reduced the

sum of withdrawals from the incomes of firms and households. Simultaneously

grow payments of social character, including unemployment benefit.

At result the purchasing power of the population is increased, that helps

to overcoming recession of economy.

From mentioned above it is visible, how large place occupies taxation

in financial regulation of macroeconomic. So we can conclude that the main

direction of fiscal policy of the state is improving the legislations and

practice collection of tax.

Let's take example for the most important version of the taxes – the

income tax, which is established on the incomes of physical persons and on

profit of firms. How the size of this tax is defined (determined)?

First is counted the total income - sum of all incomes that are

getting by the physical and legal entities from different sources. From the

total income by the legislation it is usual it is authorized deduct: 1)

industrial, transport, the travelers and advertising expenditures; 2)

various tax privileges (free minimum of the incomes; for example, in USA in

1990 this minimum was 2050 dollars; the sums of the donations, privilege

for the pensioners, disable people etc.). Thus, taxed income is a

difference between the total income and the specified deductions.

It is important to establish optimum tax rate (size of the tax on unit

of taxation). The following rates of the tax differ:

· hard, which are established on unit of object independently on its cost

(for example, motor vehicle);

· proportional, i.e. uniform percent(interest) of payment of the taxes

independently on the sizes of the incomes;

· progressive, growing with increase of the incomes.

The practice shows, that at the extremely high rates of taxes discourages

to work and to the innovation. Sharp increase in 60-70-е years in western

countries of tax burden has resulted the negative consequences. It has

caused " Tax revolts ", wide evasion from the taxes, promoted outflow of

the capitals and flight of the addressees of the high personal incomes in

the countries with one lower level of the taxation.

As it is known, in 70’s neo-conservators have put forward the theory of

Supply. Its authors have established, that growth of the taxation renders

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