of March 11, 2021 No. 131
About approval of Rules of implementation of efficiency analysis of application of tax benefits
According to article 11 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 implementation of efficiency analysis of application of tax benefits.
Prime Minister of the Republic of Kazakhstan
Approved by the Order of the Government of the Republic of Kazakhstan of March 11, 2021 No. 131
1. These rules of implementation of efficiency analysis of application of tax benefits (further - Rules) are developed according to article 11 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) and determine procedure of efficiency analysis of application of tax benefits.
2. In these rules the following concepts are used:
1) tax benefits - the benefits provided according to regulations of the tax legislation to taxpayers in the form of rate reduction, full relief from payment of one or several taxes, deductions, adjustments from taxable basis for the purpose of decrease in tax burden;
2) tax expenses - amount of the uncollected (missed) income of the republican and local budgets caused by the privileges provided to taxpayers according to regulations of the Tax code for the purpose of their support and development;
3) standard tax benefits - the privileges corresponding to the international practice without which application financial and economic transactions in the respective spheres lose the feasibility;
4) the stimulating privileges - the privileges aimed at the development of industries of economy or categories of taxpayers.
3. The committee of state revenues of the Ministry of Finance of the Republic of Kazakhstan (further - Committee) annually, no later than September 1 of the current year, represents data on tax expenses by industries, categories and taxes to authorized body in the field of tax policy (further - authorized body).
4. The authorized body on the basis of the obtained data determines the tax benefits requiring carrying out efficiency analysis of their application.
Standard tax benefits are not subject of carrying out efficiency analysis of application of tax benefits.
In case of need the authorized body sends inquiry to Committee and the interested central state bodies for receipt of additional data.
5. Selection criteria of tax benefits for the analysis are the size of tax expenses, priority or indicators of development of industry. Efficiency analysis of application of tax benefits is carried out on the tax benefits operating more than three years.
6. The committee and the interested central state bodies in time no later than 30 (thirty) calendar days from the date of receipt of request of authorized body send required data to authorized body.
7. The central state bodies in case of representation of the relevant information also provide information on:
1) to compliance of the purposes of the pursued social and economic policy to state programs;
2) to growth of indicators (quantity of workplaces, amount of the made products (the provided services), the amount of the paid taxes of the budget, gross annual income and others);
3) demands of tax benefit (ratio of number of the taxpayers who used the right to privileges with the total number of taxpayers).
8. The authorized body on budget implementation makes offers on exception of tax benefits in authorized body.
9. For carrying out efficiency analysis of application of tax benefits the following methods are used:
dynamic model of general balance for calculation of positive multiplicative impact of growth of expenses on production and negative multiplicative impact of growth of cut in public expenditure from provision of tax benefits;
mikrosimulyatsionny (at the level of subjects of entrepreneurship) models for the analysis of the tax benefits provided to the companies working in special economic zones, industrial zones, strategically important industries of economy and receiving investment tax preferences on different types of taxes and other methods.
10. The authorized body in case of development of the offer on exception/reducing the size (term) tax benefit following the results of the carried-out analysis submits the offer for consideration of Consulting council on the tax matters (further - Consulting council).
11. Consulting council considers the materials provided by authorized body, offers and recommends one of the following offers:
1) about preserving or prolongation of tax benefit;
2) about exception or reducing the size (term) tax benefit.
12. Recommendations of Consulting council of exception or reducing the size of tax benefit are the basis for development by authorized body of the concept of the bill of the Republic of Kazakhstan providing modification and amendments in the Tax code, according to the procedure, stipulated by the legislation the Republic of Kazakhstan.
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