Налогообложение Резидентов и Неризидентов в Казахстане

adverse influence on dynamics of manufacture and incomes. Increase of the

taxes at the expense of increase of their rates on certain stage does not

compensate reduction of receipts in the state budget because of fast

narrowing taxed incomes, and then it can be accompanied also by reduction

of total sums of the budget incomes. In a result the high taxes render

constraining influence on the offer of the capital, work and savings.

Basic task of economic policy representatives of the theory of Supply

consider determining the optimum rates of taxation and both tax privileges

and payments. Decrease (reduction) of the taxes is considered as a means

capable to ensure Long-term economic growth and struggle with inflation. It

will strengthen aspiration to receive huge incomes, will render the

stimulating influence will increase by growth of production.

12 Taxation

As required by the Constitution of Kazakhstan, within the tax system of

Kazakhstan, any taxes, levies, and other obligatory payments may be

established only by the laws enacted by the Parliament of the Republic of

Kazakhstan. Parliament may not delegate its constitutional powers to

establish the tax system, taxes or levies, and sanctions for tax violations

to the government or any other authority. Under the Constitution, laws in

general and tax laws in particular enter into effect after the President

signs them.

Tax legislation of the Republic of Kazakhstan consists of the Tax Code

and Normative Legal Acts, and is regulated by International Agreements. Tax

legislation is based on the principles of the mandatory nature of payment

of taxes and other mandatory payments to revenue, certainty and equity of

taxation, unity of the tax system and publicity of tax legislation. The Tax

Code of the Republic of Kazakhstan establishes Kazakhstan taxes, levies,

and general tax principles. A tax takes largest share of budget revenues

(Appendix A).

Companies formed in Kazakhstan under Kazakhstan law are taxed on world-

wide income. Income earned by a foreign company or person through a

permanent establishment in Kazakhstan is taxed in Kazakhstan. Branches of

foreign entities are taxed on Kazakhstan source income (where services are

performed, not where paid for). Income from a Kazakhstan source to a non-

resident and not related to a permanent establishment, is taxed at the

source of the payment, and further, on the total income without deductions,

excluding labor that is taxed as personal income.

Double Tax Treaties In December 1996, a treaty on the Avoidance of

Double Taxation between the United States and Kazakhstan came into force. A

number of treaties on the avoidance of double taxation were ratified in

1998. This includes agreements with the following countries: the Czech

Republic (November 1998), France (November 1998), Sweden (July 1998),

Bulgaria (July 1998), Turkmenistan (July 1998), Georgia (July 1998),

Republic of Korea (July 1998), Germany (November 1998), and Belgium

(November 1998).

Kazakhstan has double tax treaties with more than 20 countries, which

generally follow the OECD Model Income Tax Convention.

|Withholding Tax Rates for Treaty Countries |

| |Dividends | |

| |Major |Legislati|Major |Interest|Royaltie|

|Country of Recipient |Rate |ve Rate |Holding| |s |

| |(%) |(%) | |(%) |(%) |

| | | |(%) | | |

|Azerbaijan |10 |15 |- |10 |10 |

|Belarus |15 |15 |- |10 |15 |

|Bulgaria |10 |15 |- |10 |10 |

|Canada |5 |15 |10 |10 |10 |

|Czech Republic |10 |15 |- |10 |10 |

|Germany |5 |15 |25 |10 | 10 |

|Hungary |5 |15 |25 |10 |10 |

|India |10 |15 |- |10 |10 |

|Iran |5 |15 |20 | 10 | 10 |

|Italy |5 |15 |10 | 10 | 10 |

|Kyrgyzstan |10 |15 | |10 |10 |

|Lithuania |5 |15 |25 |10 |10 |

|Mongolia | 10 |15 |- |10 | 10 |

|Netherlands | 5|15 |10 |10 | 10 |

|Pakistan | 12.5 |15 |10 | 12.5 |15 |

|Poland |10 |15 |20 |10 |10 |

|Russia |10 |15 |- |10 |10 |

|South Korea | 10 |15 |10 |10 | 10 |

|Sweden | 5|15 |10 |10 | 10 |

|Turkey |10 |15 |- |10 | 10 |

|Ukraine |5 |15 |25 |10 | 10 |

|United Kingdom |5 |15 |10 | 10 | 10 |

|United States |5 |15 |10 | 10 | 10 |

|Uzbekistan |10 |15 |- |10 | 10 |

|( Belgium |5 |15 |10 |10 | 10 |

|Georgia |15 |15 |- |10 | 10 |

|Iran |5 |15 |20 |10 | 10 |

|Mongolia |- |- |- |- | -|

|Rumania |10 |10 |- |10 | 10 |

|Turkmenistan |10 |15 |- |10 | 10 |

|France |5 |15 |10 |10 | 10 |

|Czech Republic |10 |15 |- |10 | 10 |

|South Korea |5 |15 |10 |10 | 10 |

|a. Source: Guide on Taxation and Investment in Kazakhstan in 2002, |

|Deloitte & Touche |

|Notes: |

|(double taxation treaties with 9 countries listed below are ratified |

|only by Kazakhstan. |

Tax payment is based on the calendar year, with annual declarations

due by end March of the following year (and tax payment within ten days of

declaration). Annual financial statements are due April 30 following the

reporting year.

Kazakhstan Tax Code, enacted in April 1995, currently apple an

international taxation model based on principles of equity, economic

neutrality and simplicity. The Parliament approved amendments to the Tax

Code by a law dated July 16, 1999; the law was published and became

effective August 3, 1999. Following amendments were made in 01 July 2001

and the New Tax Code has become effective January 1, 2002. The Ministry of

State Revenues issued tax instructions clarifying the determination and

payment of taxes. Resident persons and local enterprises pay taxes on

worldwide income; foreign enterprises and non-residents pay taxes only on

income from local sources. One is a resident and tax-liable for both direct

and indirect income in Kazakhstan if he/she has been physically present in

Kazakhstan for 183 days in any consecutive 12-month period.

The penalty for violation of foreign currency regulations constitutes

20 percent of the transaction amount. There are no limitations on the

penalty amount to be charged.

All tax laws must be contained in the Tax Code, which covers taxation at

all levels of government: central, oblast and local.

13 MAJOR TAXES and DUTIES

Enterprise Profits Tax is levied on legal entities at the rate of 30%,

but 20% in SEZs, and 10% on direct use of land as a sole production asset.

All Kazakhstan and foreign legal entities doing business through a

permanent establishment must register with the tax authorities regardless

of whether they will pay taxes in Kazakhstan or not. Enterprise-related

provisions in the Tax Code include: withholding on dividends and interest

(15%); taxes on royalties, rentals and service fees; excise and local

taxes, and land (10%), property and vehicle taxes; business registration

fees, and fees to engage in selected activities. Branches of foreign

enterprises operating in Kazakhstan pay a "branch profits tax" applied to

their after-tax income. Most business expenses are deductible, including

wages, but there are limits on deductibility of reserves for bad debts

(actual losses deductible), and research and development. Depreciation is

based on pooled asset accounts. Losses can be carried forward for three

years.

Individual Income Tax: Individuals resident in Kazakhstan are subject to

personal income taxation on their worldwide income. Nonresident individuals

are subject to taxation only on income from Kazakhstan sources. Marginal

rates after a small basic deduction, range from 5% to 30% with top rates

applied to incomes over $33,700 per year. Most tax is withheld at the

source of payment. The tax applies to non-residents' income that is sourced

in Kazakhstan only, and to residents' income worldwide, including interest,

dividends, capital gains and other income. Taxable income from a Kazakhstan

source includes income received under a contract for work or from provision

of services, when performed in Kazakhstan, regardless of where it is

actually paid. Foreigners must register with local tax authorities and

receive a Tax Registration Number within ten days of beginning work under

contract in Kazakhstan, or when they become otherwise tax liable as a

resident, or receive Kazakhstan sourced income at 500 times a monthly

computed basis (about $4,500/year). Foreigners paid abroad must make

quarterly estimated payments of income tax and a yearly income tax

declaration (due March 31st following the tax year). Foreigners paid

locally will have their individual income tax withheld at the source of

payment and sent to the Budget by the employers.

Value Added Tax (VAT) applicable to all goods, work and services,

including imports to Kazakhstan. The VAT on imports is usually 16%, and

applies to services and goods. Credit for VAT paid on inputs, including

Capital investment, is offset against tax on sales. No VAT is paid on

exports except to other CIS countries, where by agreement, exports are

fully taxed and imports are not taxed (origin principle).

The article provides that sales of textile, sewing, leather processing,

and shoe industry products will be zero-rated (0 percent VAT on sales) for

residents of Kazakhstan for sales within Kazakhstan. This change represents

an important stimulus for the domestic light industry development.

Natural Resources Taxes include: bonuses paid for the right to

resource exploration, royalties paid for the privilege of exploitation and

excess profits taxes paid when profits exceed amounts anticipated in

setting royalties. Tax rates are set by the Cabinet of Ministers and differ

among resources, and are unique to each location and taxpayer. Prohibited:

special benefits including lock-in of profits tax rates at conclusion of a

Production Sharing Agreement (contract).

Securities Transaction Tax on new issues of non-government securities,

including stocks and bonds: 0.5% of nominal value. Proceeds from secondary

transactions are taxed at 0.3%, and 0.1% for government securities. Issuer

is liable for tax on initial issues; buyer is liable for tax on secondary

transactions.

Unified Land Tax is levied on peasants and farmers who use private or

leased land in their business. The payers of the unified land tax are

exempt from corporate income tax, VAT on sales, land tax, transport tax,

and property tax. The rate of the unified land tax is set at 0.1 percent of

the appraised land value (determined by the Land Committee).

Other Taxes: A fee for the use of the words "National," "Kazakhstan,"

"Republic," and their derivatives has been included into the list of taxes

in the Tax Code, Business assets are taxed at 0.5% yearly, and individual-

owned real estate is taxed at 0.1%. Vehicles are taxed annually depending

on vehicle type and engine size.

Double Taxation. A foreigner won't be taxed in Kazakhstan if:

. he/she is present in the country for less than 183 days in a year and

. his/her income is paid by a non-resident of Kazakhstan and

. his/her income is not taken as a deduction in computing corporate

income tax by a permanent establishment in Kazakhstan.

In not distinct cases, where the person is liable to taxation by law in

his/her own country and in Kazakhstan, he/she is deemed to reside where

he/he has a permanent home, or if he/she has a permanent home in both

places, where his/her personal and economic relationships are centered, or

in case this cannot be determined, where he/she currently lives and works

("habitual abode"). An individual may offset income tax paid in Kazakhstan

against tax owing in his/her home country.

Additional Payments applicable to businesses

Pension Contributions: Employers must pay two categories of pension

payment:

15% of payroll paid by companies monthly to the State Center for Pension

Payments to be spent on existing pensioners and on state pensions for

current employees; ?

10% of employees' gross salaries, not affecting the net pay, transferred

for each employee to an accumulation pension fund of that employee's

choice.

Excise :Excise duty is imposed on taxable items produced in, or

imported into, Kazakhstan as well as on certain types of activities.

Excise duty is imposed on alcohol and tobacco products, motor fuels,

diesel, motor vehicles, salmon and sturgeon roe, firearms, crude oil

and jewelry. Excise duty is also imposed on gambling businesses and

lotteries.

Taxable Products

(1) Alcohol

Excise duty is imposed on alcohol articles covered by Harmonized

System numbers 2204 (wine from fresh grapes), 2205 (vermouth and other

wines from fresh grapes flavored with plants or aromatic substances), 2206

(other fermented beverages), 2207 and 2208 (ethyl alcohol, spirits,

liqueurs and other alcoholic beverages). Excise duty for alcohol products

is levied at various rates in KZT per liter.

(2) Tobacco

Excise duty is imposed on tobacco articles covered by Harmonized

System numbers 2402 (cigars, cheroots and cigarettes), 2403 (other

manufactured tobacco and tobacco substitutes, tobacco extracts and

essences). Excise duty for tobacco products is levied at various rates in

Euros per 1000 items.

(3) Motor Fuels

Excise duty is imposed on certain motor fuels covered by Harmonized

System number 2710 (diesel, gasoline and jet engine fuels). Excise duty

for motor fuels is levied at various rates in EURO per 1000 kg.

(4) Motor Vehicles

Excise duty is imposed on motor vehicles covered by Harmonized System

numbers 8703 (motor cars and other vehicles designed for the transportation

of persons). Excise duty for motor vehicles is levied at various rates

normally in EURO per vehicle’s engine bulk or customs value.

Such taxes as corporate income tax, value added tax, personal income

tax, and excise taxes account for the largest portion of budget revenues

(Appendix B).

Features of Residents and Nonresidents taxation

2.1 Features of Resident

Residents of the Republic of Kazakhstan are individuals who reside

permanently in the Republic of Kazakhstan, or whose center of vital

interests is located in the Republic of Kazakhstan. An individual shall be

considered to reside permanently in the Republic of Kazakhstan for the

current tax period if he spends at least 183 calendar days in any

consecutive 12-month period ending in the current tax period in the

Republic of Kazakhstan. An individual shall also be considered to reside

permanently in the Republic of Kazakhstan for the current tax period if the

number of days spent in the Republic of Kazakhstan in the current tax

period and the preceding two tax periods, determined by applying the

following coefficients to each tax period, is equal to at least 183

calendar days:

1 – the number of days spent in the current tax period;

1/3 – the number of days spent in the tax period immediately preceding the

current tax period;

1/6 – the number of days spent in the tax period before the one immediately

preceding the current tax period.

If an individual has lived in the Republic of Kazakhstan in the

current tax period for fewer than 30 calendar days, said individual shall

not be considered to reside permanently in the Republic of Kazakhstan. In

addition, an individual shall be considered a nonresident for the period

following the last day spent in the Republic of Kazakhstan, unless said

person becomes a resident in the year following the year in which the

person’s stay in the Republic of Kazakhstan ended.

An individual’s center of vital interests shall be considered to be

located in the Republic of Kazakhstan if the following conditions are met

simultaneously:

1) an individual is a citizen of the Republic of Kazakhstan or has a permit

to reside in the Republic of Kazakhstan (residency permit);

2) an individual’s family and/or close relatives reside in the Republic of

Kazakhstan;

3) real property owned by an individual and/or members of his family or

held by them on some other basis is located in the Republic of Kazakhstan,

and the individual has access to it at any time for use as a residence for

himself and/or members of his family.

Individuals who fall into the following categories and who are

citizens of the Republic of Kazakhstan or who have filed an application for

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