ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of November 28, 2025 No. 1024

About approval of Rules of reference of the field (group of fields, part of the field) hydrocarbons to category low-profitable and procedure for the taxation regarding severance tax

According to item 4 of article 753 of the Tax Code of the Republic of Kazakhstan the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of reference of the field (group of fields, part of the field) hydrocarbons to category low-profitable and procedure for the taxation regarding severance tax.

2. This resolution becomes effective since January 1, 2026 and is subject to official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of November 28, 2025 No. 1024

Rules of reference of the field (group of fields, part of the field) hydrocarbons to category low-profitable and procedure for the taxation regarding severance tax

Chapter 1. General provisions

1. These rules of reference of the field (group of fields, part of the field) hydrocarbons to category low-profitable and procedure for the taxation regarding severance tax (further - Rules) are developed according to item 4 of article 753 of the Tax Code of the Republic of Kazakhstan (further - the Tax code) and determine procedure for reference of the field (group of fields, part of the field) hydrocarbons to category low-profitable and procedure for the taxation regarding severance tax.

2. In these rules the following basic concept is used:

authorized body on state planning (further - authorized body) - the Ministry of national economy of the Republic of Kazakhstan.

Other concepts and terms used in these rules are applied according to the Tax code.

Chapter 2. Procedure for reference of the field (group of fields, part of the field) hydrocarbons to category low-profitable and procedure for the taxation regarding severance tax

Paragraph 1. Giving and consideration of the applications about reference of the field (group of fields, part of the field) hydrocarbons to category of low-profitable

3. For reference of the field (group of fields, part of the field) hydrocarbons to category low-profitable the subsoil user performing the activities providing mining of hydrocarbons, corresponding to criteria, certain paragraph 2 of this Chapter, files in authorized body petition.

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 in form, according to appendix to these rules, no later than September 1 of this calendar year in time.

Copies of the following documents on electronic media are enclosed to the application:

1) 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 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 audit report for the financial year preceding the previous financial year is submitted);

3) the financial reporting of legal person subsoil user for the accounting period of the current calendar year (quarter, half-year or nine months) preceding date of filing of application;

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

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

6) the performance report of the budget for the accounting period of the current calendar year (quarter, half-year or nine months) preceding date of filing of application, certified by the head of legal person subsoil user or person replacing it;

7) tax statements (declarations on the corporate income tax (further - KPN) under the contract and the excess profit tax (further - NSP), under the contract for the previous tax period and to severance tax (further - MET), under the contract for the current and last calendar years);

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 legal person subsoil user, the forecast price of hydrocarbons and the planned hydrocarbon production amounts for the contract for the same period;

10) reasons for the forecast price of hydrocarbons used for measure calculations of profitability under the contract;

11) the planned hydrocarbon production amount under the contract approved with competent authority.

5. The statement for reference of the field (group of fields, part of the field) to category low-profitable the forthcoming calendar year moves in form, according to appendix to these rules, not earlier than September 30 of the current year, but no later than December 31 of the current year.

Copies of the following documents on electronic media are attached to the statement in addition to the documents specified in item 4 of these rules:

1) calculation of the budget for the forthcoming calendar year certified by the head of legal person subsoil user 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 legal person subsoil user, the forecast price of hydrocarbons and the planned hydrocarbon production amounts under the contract 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. The authorized body in time no later than five working days after receipt of the statement in cases of submission of incomplete data in the documents submitted by the applicant or submissions of the incomplete list of the documents provided by items 4 and 5 these rules, or filing of application with violation of the requirements established by these rules directs motivated refusal in consideration of the application.

7. The authorized body in time no later than five working days after acceptance to consideration of the application and (or) the additional documents and calculations proving the data containing in the statement sends the copy of the application and documents for consideration attached to it to following state bodies for preparation of the conclusions on questions in:

1) the Ministry of Finance of the Republic of Kazakhstan - for confirmation of data of tax statements;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info