ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of July 27, 2018 No. 468

About modification of some decisions of the Government of the Republic of Kazakhstan

The government of the Republic of Kazakhstan DECIDES:

1. Bring the following changes in some decisions of the Government of the Republic of Kazakhstan:

1) in the order of the Government of the Republic of Kazakhstan of December 29, 2015 No. 1120 "About approval of Rules of provision of investment subsidy" (SAPP of the Republic of Kazakhstan 2015, Art. No. 75-76, 566):

in the Rules of provision of investment subsidy approved by the specified resolution:

1) and 4) of Item 2 to state subitems in the following edition:

"1) investment subsidy - type of the budget subsidy provided as investment preference on non-paid and irretrievable basis to the legal entity of the Republic of Kazakhstan who signed the investment contract providing implementation of investments in the amount of at least pyatimillionnokratny size of the monthly settlement indicator established by the law on the republican budget and operating for date of application for provision of investment preferences (further - the request) and implementation of the investment priority project;";

"4) the investment priority project with provision of investment subsidy - the investment project on creation of new productions providing implementation by the legal entity of investments into construction of new production facilities (factory, the plant, the workshop) in the amount of at least pyatimillionnokratny size of the monthly settlement indicator established by the law on the republican budget and operating for date of application;";

state Item 3 in the following edition:

"3. The investment subsidy is provided according to the investment priority project in case of observance of the following conditions:

1) receiver is the legal entity of the Republic of Kazakhstan;

2) the legal entity performs investments in the amount of at least pyatimillionnokratny (on creation of new productions) the size of the monthly settlement indicator established by the law on the republican budget and operating for date of application;

3) the legal entity performs the types of activity included in the list of the priority types of activity determined for implementation of investment priority projects;

4) the legal entity is not:

the autonomous organization of education according to the tax legislation of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan on education;

the organization performing activities in the territory of special economic zone according to the tax legislation of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan on special economic zones;

5) the share of the state and (or) the subject of the quasi-public sector who is the legal entity of the Republic of Kazakhstan as the founder and (or) the member (shareholder) of the legal entity of the Republic of Kazakhstan, does not exceed twenty six percent.

Participation of the state and (or) the subject of the quasi-public sector who is the legal entity of the Republic of Kazakhstan as the founder and (or) constitutes the member (shareholder) of the legal entity of the Republic of Kazakhstan no more than five years from registration date of the investment contract. Within five years the state and (or) the subject of the quasi-public sector shall leave the list of founders and (or) members (shareholders) of the legal entity of the Republic of Kazakhstan. In case of failure to carry out of this condition application of investment preferences stops before its complete secession of founders and (or) members (shareholders) of the legal entity of the Republic of Kazakhstan, but no more than one year.

Failure of consideration about secession of founders and (or) members (shareholders) of the legal entity of the Republic of Kazakhstan during the period of suspension attracts early termination of the investment contract and return of earlier provided investment preferences.

Provisions of this subitem are not applied in case the subject of the quasi-public sector in which the share of the state and (or) the subject of the quasi-public sector as the founder and (or) the member (shareholder) of the legal entity of the Republic of Kazakhstan constitutes less than fifty percent performs the activities within implementation of the investment priority project for production of methane of coal layers;

6) for implementation of the investment priority project as sources or guarantees of financing budgetary funds, except for the money allocated on the terms of recoverability, urgency and the paid nature including lease financing and crediting through financial institutions are not raised;

7) the investing activities are performed not within the agreement of public-private partnership, including the agreement of concession.";

exclude item 4;

state Item 5 in edition of the following content:

"5. For receipt of investment subsidy the legal entity of the Republic of Kazakhstan sends to authorized body the request in the form established by authorized body.

The request providing investment subsidy is accepted and registered in the presence:

1) certificates of state registration (re-registration) of the legal entity;

2) copies of the charter of the legal entity, the witnessed signature of the head and seal of the legal entity (in case of its availability);

3) the business plan of the investment project constituted according to the requirements established by authorized body.

4) the conclusions of state examination of the preproject and (or) project documentation according to the procedure, established by the legislation of the Republic of Kazakhstan, the head assured by the signature, seal of the legal entity (in case of its availability).";

13, of 14, of 15, 16 to state Items in the following edition:

"13. The investment subsidy is provided by compensation to thirty percent of cost of installation and construction works and acquisition of the equipment excluding tax on value added and the excises provided by the working program of the investment contract.

Payment of investment subsidy for actual costs of installation and construction works and acquisition of the equipment is performed based on supporting documents, but does not exceed the cost of the costs provided by the preproject documentation having the conclusion of state examination according to the procedure, determined by the legislation of the Republic of Kazakhstan.

The extreme amount of provision of investment subsidy is established and changes the joint order of authorized bodies on investments and development, the state and budgetary planning of the Republic of Kazakhstan within the means provided in the republican budget on compensation of actual costs on installation and construction works and acquisition of the equipment.

14. Payment of investment subsidy is performed in coordination with local executive body of area, the cities of republican value and the capital in the place of project implementation after input of production in operation in full on condition of accomplishment of the production indicators established by the investment contract.

15. The schedule and annual amounts of payments of investment subsidy are established within the investment contract by distribution of investment subsidy by equal shares for at least three years, but no more effective period of the investment contract.

16. After completion of implementation of the working program the legal entity of the Republic of Kazakhstan who signed the investment contract within two months submits in authorized body on investments the audit report which shall contain:

1) information on execution of investment obligations according to the working program;

2) disaggregation on the fixed assets acquired according to the working program;

3) the summary document register, confirming accomplishment of the working program;

4) data on execution of conditions of the investment contract.

The audit report shall be constituted by auditing organization which conforms to the minimum requirements established by authorized body in the field of auditor activities.";

2) in the order of the Government of the Republic of Kazakhstan of January 14, 2016 No. 13 "About some questions of realization of the state support of investments" (SAPP of the Republic of Kazakhstan, 2016, Art. No. 3-4, 14):

in the model contract for implementation of the investment project providing implementation of investments and provision of investment preferences, approved by the specified resolution:

subitems 6), of Item 1 to state 7), 8), 9) in the following edition:

"6) the working program - the appendix 1 to the investment contract determining the schedule of works on implementation of the investment project before input of production in operation;

7) the investment project - the complex of actions providing investments into creation new, expansion and (or) updating of the operating productions including the productions created, expanded and (or) updated in the project progress of public-private partnership, including the concessionary project;

8) the investment priority project - the investment project:

on creation of new productions, providing implementation by the legal entity of investments into construction of new production facilities (factory, the plant, the workshop), in the amount of at least dvukhmillionnokratny size of the monthly settlement indicator established by the law on the republican budget and operating for date of application for provision of investment preferences;

on expansion and (or) updating of the operating productions, providing implementation by the legal entity of investments in the amount of at least pyatimillionnokratny size of the monthly settlement indicator established by the law on the republican budget and operating for date of application for provision of investment preferences in change of fixed assets, including updating (renovation, reconstruction, upgrade) of the operating production facilities which are turning out products;

9) investment subsidy - type of the budget subsidy provided as investment preference on non-paid and irretrievable basis to the legal entity of the Republic of Kazakhstan who signed the investment contract providing implementation of investments in the amount of at least pyatimillionnokratny size of the monthly settlement indicator established by the law on the republican budget and operating for date of application for provision of investment preferences and implementation of the investment priority project;";

1) and 2) of Item 3 to state subitems in the following edition:

"1) according to the investment project (including to the investment priority project) the following types of investment preferences are provided:

release from taxation by customs duties when importing processing equipment and component parts to it for term __________ according to appendix 2 to this investment contract;

release from taxation by customs duties when importing spare parts to processing equipment, raw materials and (or) materials for term according to appendix 3 to this investment contract;

tax exemption on value added when importing raw materials and (or) materials for term ________ according to appendix 4 to this investment contract;

the state natural grant in type: _________ on the right _________ with subsequent ___________________, in case of accomplishment of investment obligations according to the investment contract;

2) according to the investment priority project the following types of investment preferences are provided:

preferences on taxes:

on creation of new productions:

and finishing reduction of the corporate income tax according to income gained from implementation of the priority types of activity specified in the investment contract for 100 percent since January 1 of year in which the investment contract for implementation of the investment priority project is signed no later than ten consecutive years which are estimated, since January 1 of the year following after year in which the investment contract for implementation of the investment priority project is signed;

on expansion and (or) updating of the operating productions:

and finishing reduction of the corporate income tax according to income gained from implementation of the priority types of activity specified in the investment contract for 100 percent since January 1 of the year following after year in which commissioning of the last fixed asset which is turning out products within the investment contract for implementation of the investment priority project is made no later than three consecutive years which are estimated, since January 1 of the year following after year in which input of the last fixed asset which is turning out products within the investment contract for implementation of the investment priority project is made;

on expansion and (or) updating of the operating productions in case of the step-by-step input of the fixed assets which are turning out products, provided by the investment contract for implementation of the investment priority project:

and finishing reduction of the corporate income tax according to income gained from implementation of the priority types of activity specified in the investment contract for 100 percent since January 1 of the year following after year in which commissioning of the fixed asset which is turning out products within the investment contract is made no later than three consecutive years which are estimated, since January 1 of the year following after year in which input of the fixed asset which is turning out products put into operation within the investment contract is made;

application of coefficient 0 to rates of the land tax for a period of __ years, from 1 date in which the investment contract, and no later than ten consecutive years which are estimated, since January 1 of the year following after year in which the investment contract for implementation of the investment priority project is signed is signed;

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