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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of April 18, 2018 No. 204

About approval of Rules of reference of the field (group of fields, part of the field) hydrocarbonic raw materials to category low-profitable, high-viscosity, flooded, marginal and developed and procedure for the taxation regarding severance tax

According to item 4 of article 720 of the Code of the Republic of Kazakhstan of December 25, 2017 "About taxes and other obligatory payments in the budget the Government of the Republic of Kazakhstan DECIDES:" (Tax code)"

1. Approve the enclosed Rules of reference of the field (group of fields, part of the field) hydrocarbonic raw materials to category low-profitable, high-viscosity, flooded, marginal and developed and procedure for the taxation regarding severance tax.

2. Recognize invalid some decisions of the Government of the Republic of Kazakhstan according to appendix to this resolution.

3. This resolution becomes effective since January 1, 2018 and is subject to official publication.

Prime Minister of the Republic of Kazakhstan

B. Sagintayev

Approved by the Order of the Government of the Republic of Kazakhstan of April 18, 2018 No. 204

Rules of reference of the field (group of fields, part of the field) hydrocarbonic raw materials to category low-profitable, high-viscosity, flooded, marginal and developed and procedure for the taxation regarding severance tax

Chapter 1. Procedure for reference of the field (group of fields, part of the field) hydrocarbonic raw materials to category low-profitable and procedure for the taxation regarding severance tax

Paragraph 1. Procedure for giving and consideration of the applications about reference of the field (group of fields, part of the field) hydrocarbonic raw materials to category of low-profitable

1. For reference of the field (group of fields, part of the field) hydrocarbonic raw materials to category low-profitable the subsoil user performing the activities providing mining of the hydrocarbonic raw materials corresponding to criteria, certain subsection 2 of this Section addresses to authorized body on state planning (further - authorized body) with the statement.

2. The statement for reference of the field (group of fields, part of the field) to category low-profitable the current incomplete calendar year moves in form according to appendix 1 to these rules no later than November 1 of this calendar year in time. The following documents are enclosed to the application:

1) the original or notarially attested copy of the financial reporting for the previous financial year signed by the first head or person replacing it and also the chief accountant (accountant);

2) the original or notarially attested copy of the audit report for the previous financial year of legal entities for whom legal acts of the Republic of Kazakhstan establish obligatory carrying out audit. If the application is submitted till June 1 of the current year, the original or notarially attested copy of the audit report for the financial year preceding the previous financial year are represented;

3) the original or notarially attested copy of the financial reporting of legal person subsoil user for the accounting period of the current calendar year (quarter, half-year or nine months) preceding date of filing of application;

4) the performance report of the budget for the previous calendar year certified by the head of legal person subsoil user or person replacing it;

5) calculation of the budget for the current calendar year certified by the head of legal person subsoil user or person replacing it;

6) the performance report of the budget for the current calendar year for condition not earlier than before ninety calendar days preceding date of filing of application certified by the head of legal person subsoil user or person replacing it;

7) tax statements (declarations on the corporate income tax (further - KPN) under the contract and the excess profit tax (further - NSP) under the contract for the previous tax period and to severance tax (further - MET) under the contract for the current and last calendar years);

8) calculation of advance payments for KPN (if the subsoil user is payer of advance payments) and calculation of the KPN size planned for the current accounting year;

9) calculation of the tax liabilities for KPN, and also calculation of net income, profitability of sales for the contract for the current tax period with detailed binding of these calculations to the budget of legal person subsoil user, the forecast price of hydrocarbonic raw materials and the planned amounts of production of hydrocarbonic raw materials for the contract for the same period;

10) reasons for the forecast price of hydrocarbonic raw materials used for measure calculations of profitability under the contract;

11) the planned amount of production of hydrocarbonic raw materials under the contract approved with competent authority.

3. The statement for reference of the field (group of fields, part of the field) to category low-profitable the forthcoming calendar year moves in form according to appendix 1 to these rules not earlier than September 30 of the current year, but no later than December 31 of the current year.

The following documents are attached to the statement in addition to the documents specified in Item 2 of these rules:

1) calculation of the budget for the forthcoming calendar year certified by the head of legal person subsoil user or person replacing it;

2) calculation of the tax liabilities of the company for KPN for the contract, and also calculation of net income, profitability of sales for the contract for the forthcoming calendar year with detailed binding of these calculations to the budget of legal person subsoil user, the forecast price of hydrocarbonic raw materials and the planned amounts of production of hydrocarbonic raw materials under the contract for the same accounting period.

At the same time the data specified in subitems 3) and 6) of Item 2 of these rules are represented in nine expired months of the current calendar year.

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