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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of May 21, 2018 No. 282

About approval of Rules of reference of the field (group of fields, part of the field) firm types of minerals, except for popular, to category low-profitable and 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) firm types of minerals, except for popular, to category low-profitable and 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 May 21, 2018 No. 282

Rules of reference of the field (group of fields, part of the field) firm types of minerals, except for popular, to category low-profitable and the taxation regarding severance tax

Chapter 1. General provisions

1. These rules of reference of the field (group of fields, part of the field) firm types of minerals, except for popular, to category low-profitable and the taxation regarding severance tax (further - Rules) are developed for the purpose of realization of 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" (further - the Tax code).

2. Rules establish procedure for giving and consideration of the applications about reference of the field (group of fields, part of the field) firm types of minerals to category low-profitable and criteria of reference of the field (group of fields, part of the field) to category of low-profitable.

Chapter 2. Procedure for giving and consideration of the applications about reference of the field (group of fields, part of the field) firm types of minerals to category of low-profitable

3. For reference of the field (group of fields, part of the field) to category low-profitable the subsoil user performing activities for the contract for subsurface use providing mining (groups of fields, parts of the field), including to the prisoner till January 1, 2009 corresponding to the criteria determined by Chapter 3 of these rules addresses to authorized body on state planning (further - authorized body) with the statement.

4. The statement for reference of the field (group of fields, part of the field) to category low-profitable the current incomplete calendar year moves no later than September 1 of calendar year in form according to appendix to these rules in time. The following documents shall be 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 the legal entity for the expired period of the current financial year on condition not earlier than before ninety days preceding date of filing of application;

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

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

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

7) tax statements on the corporate income tax (further - KPN) under the contract for the previous tax period;

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 the legal entity for the same period;

10) reasons for the average price on mineral raw materials, mineral, metal used for measure calculations of profitability under the contract.

5. The statement for reference of the field (group of fields, part of the field) firm types of minerals, except for popular, to category low-profitable forthcoming calendar year, moves not earlier than September 1, but no later than December 1 of the current calendar year to which shall be enclosed in addition to the documents specified in item 4 of these rules, the following:

1) calculation of the budget for the forthcoming calendar year certified by the head of the legal entity 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 the legal entity for the same accounting period.

At the same time the data specified in subitems 3) and 6) of item 4 of these rules are represented in nine expired months of the current calendar year.

6. If necessary the authorized body in time no later than five working days after receipt of the statement can request from the applicant other documents and calculations proving the data containing in the statement.

The applicant after receipt of the corresponding request of authorized body in time no later than ten working days submits within authorized body the documents and calculations proving the data containing in the statement, requested according to this Item of Rules.

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