ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 30, 2011 No. 1707

About approval of Rules of return of excess of the value added tax

According to article 272 of the Code of the Republic of Kazakhstan of December 10, 2008 "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 return of excess of the value added tax.

2. This resolution becomes effective since January 1, 2012 and is subject to official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of December 30, 2011 No. 1707

Rules of return of excess of the value added tax

1. General provisions

1. These rules of return of excess of the value added tax (further - Rules) are developed according to Item 5 of article 272 of the Code of the Republic of Kazakhstan of December 10, 2008 "About taxes and other obligatory payments in the budget" (Tax code) (further - the Tax code) and establish procedure for return of excess of the value added tax (further - the VAT).

2. Procedure for return of excess of the value added tax

2. Return of excess of the VAT is made on the basis:

1) the declaration on the VAT for tax period in which the requirement about return of excess of the VAT is specified (further - the requirement about VAT return);

2) the documents provided by the Tax code for the purposes of confirmation of the turnovers assessed on zero rate;

3) the act of tax audit confirming reliability of the amount of excess of the VAT shown to return or the conclusions of tax authority to the act of tax audit (further - the conclusion to the act) in cases, stipulated in Item the 10th article 635 of the Tax Code.

Provisions of subitems 2), 3) of this Item do not extend when implementing return of excess of the VAT to the taxpayers applying the simplified procedure for return of excess of the VAT.

3. In case of return of excess of the VAT formed in connection with purchase of goods, works, services, on the fixed assets put into operation, real estate investments, the acquired biological assets are considered:

the documents confirming input of fixed asset objects in operation - the documents determined according to International Financial Reporting Standards and requirements of the legislation of the Republic of Kazakhstan about financial accounting and the financial reporting.

For the purpose of this Item the following concepts are applied:

real estate investments - the real estate (the earth or the building, or part of the building, or both) which is in ownership (the owner or the lessee under the agreement of finance lease) for the purpose of receipt of lease payments or increase in capital value, or that and another, but not for:

1) uses in production or delivery of goods, rendering services, in the administrative purposes; or

2) sales during regular economic activity; biological asset - the living animal or plant.

4. The tax authority after receipt of the requirement about VAT return appoints thematic tax audit on confirmation of reliability of the VAT amounts shown to return.

5. When conducting tax audit on confirmation of reliability of the VAT amounts shown to return and also reliability of the VAT amounts returned to the taxpayer to whom the simplified procedure for return is applied the tax authority creates of the budget for the checked taxpayer using information system the analytical report on suppliers and buyers.

In case of establishment of violations at suppliers and (or) buyers obligatory counter tax audit is carried out or the inquiry is sent to the body of Tax Service exercising tax control on the large taxpayers who are subject to monitoring.

If at the time of conducting counter check the supplier stopped activities in connection with liquidation and concerning such supplier liquidating tax audit, confirmation of VAT amount, carried in offsetting is carried out, it is made based on the register of invoices on the realized goods, the performed works and the rendered services.

If at the time of conducting counter check the supplier stopped activities in connection with liquidation and concerning such supplier liquidating tax audit is not carried out, the VAT amount specified in the invoice which is written out by such supplier is not subject to return from the budget.

In case of impossibility of conducting counter check of the supplier in connection with the termination of activities for the bankruptcy reason confirmation of VAT amount referred in offsetting according to the invoices which are written out by it the supplier during the period before initiation of bankruptcy proceedings it is made based on the register of invoices on the realized goods, the performed works and the rendered services.

The VAT amounts specified in the invoices which are written out by such supplier during the period after initiation of bankruptcy proceedings are not subject to return from the budget.

If prior to tax audit it is determined that the taxpayer has no amount of excess of the VAT shown to return, tax authority within ten working days the written refusal in consideration of the requirement about VAT return goes to the taxpayer.

Provisions of this Item are applied also when conducting check on confirmation of reliability of VAT amounts, returned from the budget to the taxpayer to whom the simplified procedure for return is applied.

6. The procedure for conducting thematic checks based on the requirement about VAT return for confirmation of reliability of the VAT amounts shown to return is determined by article 635 of the Tax Code.

7.  No. 465 is excluded according to the Order of the Government of the Republic of Kazakhstan of 06.05.2014

8. For the purpose of adherence to deadlines of return of excess of the VAT the tax authority within fifteen working days from the date of the beginning of conducting tax audit determines the list of the suppliers who are subject to counter check and sends inquiries for conducting counter checks of such suppliers, and also requests by confirmation of reliability of the VAT amounts shown to return based on the tax statements represented by the postavshchikamikrupny taxpayers who are subject to monitoring.

The tax authority which received request about conducting counter check carries out such inspection no more than ten working days from the date of receipt of request in time.

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