Контрольная работа по "Налогам"

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 10^th 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 10^th 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 15^th 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.