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LETTER OF THE TERRITORIAL TAX CODE NO. 1206

According to item 2 of Art. 230 of the Tax code RK remaining balance of goods (including on fixed assets, intangible and biological assets, real estate investments) on which the value added tax was carried in offsetting according to article 256 of this Code, in case of removal of person from registration accounting on the value added tax is considered as turnover on sales of goods in the Republic of Kazakhstan. The provision of this Item is not applied in case of removal of the legal entity from registration accounting on the value added tax in connection with its reorganization in case of accomplishment of condition that all legal entities or the legal entity, newly created as a result of merge, which other legal entity (legal entities) joined after reorganization are taxpayers on value added.

According to subitem 5) of item 3 of Art. 63 of the Tax code RK liquidating - tax statements, are submitted-faced in case of removal from registration accounting on the value added tax.

At the same time, according to item 2 of Art. 238 of the Tax code RK in case of voluntary conveyance of goods, and also in cases, stipulated in Item 2 articles 230 of the Tax Code, the size of turnover it is determined proceeding from the price level which developed for date of making of turnover on realization without inclusion in them of the value added tax, but is not lower than their book value. For the purposes of this Item book value is the cost of goods reflected in financial accounting for date of their realization.

Book value, according to IFRS (IAS) "Real estate, buildings and the equipment", is the amount on which the asset is recognized the balance sheet after deduction of the amount of all accumulated depreciation and cumulative impairment losses (residual cost).

In case of calculation of the VAT for remaining balance of goods (including on fixed assets, intangible and biological assets, real estate investments) on which the value added tax was carried in offsetting, the rate to the size of leviable turnover operating during submission of the declaration is applied according to Art. 268 of the Tax code RK.

Thus, in case of cameral control explainable discrepancies according to the income reflected in the declaration on KPN of form 100.00 and leviable turnover in the declaration on the VAT of form 300.00 will come to light. It is normal. But deduction questions at the same time cannot be.

Leviable turnover in case of removal from VAT accounting are, including residual cost of fixed assets on which the VAT was carried in offsetting.

If in the company fixed assets on which in case of acquisition of their VAT it was not carried in offsetting are registered, then the liquidating declaration does not join their cost as leviable turnover.

 

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