of December 8, 2017 No. 33, on December 11, 2017 No. 711, on December 12, 2017 No. 405
About approval of Rules of maintaining by members of the International financial center "Astana" of separate accounting of the income which is subject to release from the corporate income tax and taxable and also the expenses which are subject to reference on deductions
According to Item 5 of article 6 of the Constitutional law of the Republic of Kazakhstan of December 7, 2015 "About the International financial center "Astana" PRIKAZYVAYEM:
1. Approve the enclosed Rules of maintaining by members of the International financial center "Astana" of separate accounting of the income which is subject to release from the corporate income tax and taxable and also the expenses which are subject to reference on deductions according to appendix to this joint order.
2. To impose control of execution of this joint order on the Managing director of the International financial center "Astana".
3. This joint order becomes effective from the date of its signing by the parties and placement on the website of the International financial center "Astana".
Managing director of the International financial center "Astana" December 8, 2017 |
K. Kelimbetov |
Minister of national economy of the Republic of Kazakhstan December 12, 2017 |
T. Suleymenov |
Minister of Finance of the Republic of Kazakhstan December 11, 2017 |
B. Sultanov |
No. 33, on December 11, 2017 No. 711, on December 12, 2017 No. 405 are approved by the joint Order of the Managing director of the International financial center "Astana", the Minister of Finance of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of December 8, 2017
1. These rules of maintaining the International financial center "Astana" by participants (further - the Center) separate accounting of the income which is subject to release from the corporate income tax and taxable and also the expenses which are subject to reference on deductions (further - Rules) are developed according to Item 5 of article 6 of the Constitutional Law of the Republic of Kazakhstan of December 7, 2015 "About the International financial center "Astana" (further - the Constitutional law) for the purpose of application of Items 3 and 4 of article 6 of the Constitutional law.
2. Rules extend on the legal entities registered in the Center, or accredited by the Center as his participants according to the law in force of the Center and are obligatory for them.
3. The list of the services rendered by members of the Center on whom income is exempted from payment of the corporate income tax is determined by Items 3 and 4 of article 6 of the Constitutional law.
4. For the purposes of application of Rules the basic concepts provided by the Constitutional law, and also other regulatory legal acts of the Republic of Kazakhstan in the part which is not contradicting the Constitutional law are used.
5. Concepts tax, civil and other industries of the legislation of the Republic of Kazakhstan, used in Rules, are applied in that value in what they are used in these industries of the legislation of the Republic of Kazakhstan if other is not provided by Rules and the Constitutional law.
6. The provisions on execution of the tax liabilities which are not established by Rules are regulated by the tax legislation of the Republic of Kazakhstan.
7. For the purpose of application of Items 3 and 4 of article 6 of the Constitutional law the member of the Center keeps separate account of the income of accounting tax period which is subject to release from the corporate income tax and taxable, way:
1) references to the income:
subject to release from the corporate income tax, - the direct income;
taxable - other incomes;
2) reflections of data on the direct income and other incomes in tax registers.
8. The direct income the income specified in is recognized:
1) Item 3 of article 6 of the Constitutional law - received on activities from rendering services in the territory of the Center according to agreements (contracts/bargain) concluded by the member of the Center in the territory of the Center;
2) item 4 of article 6 of the Constitutional law - received from rendering services in agreements (contracts/bargain) concluded by the member of the Center in the territory of the Center with:
bodies of the Center;
the members of the Center rendering the services specified in Item 3 of article 6 of the Constitutional law.
9. Other incomes all income of the member of the Center which is not recognized by the direct income and subject to inclusion in gross annual income according to the tax legislation of the Republic of Kazakhstan is recognized.
10. The amount of the direct income and other incomes is recognized the total amount of the income.
11. For the purpose of application of Items 3 and 4 of article 6 of the Constitutional law the member of the Center based on accounting documentation keeps the separate expense accounting of accounting tax period, attributable to deductions, way:
1) expense determinations:
not subject to reference on deductions;
the income which is subject to reference to activities for obtaining subject to release from the corporate income tax according to Items 3 and 4 of article 6 of the Constitutional law;
the income which is subject to reference on deductions on activities for obtaining, taxable;
2) reflections of data on direct expenses, total expenses and third-party expenses in tax registers.
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