Контрольная работа по "Налогам"

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 20^th 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 5^th 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 10^th 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.