LETTER OF THE TAX COMMITTEE OF THE MINISTRY OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of November 11, 2004 No. NK-UM-08-2-18/9239

About procedure for VAT return on zero rate

According to Item 1 of article 251 of the Tax Code, in the edition operating since January 1, 2002 if other is not provided by the specified article of the Tax Code, excess of tax amount carried in offsetting over the amount of the accrued tax for tax period becomes engrossed in reading on account of the forthcoming tax payments on value added.

According to Item 2 of the above-named article of the Tax Code, on the turnovers assessed on zero rate, the excess specified in Item 1 of this Article returns to the taxpayer to value added according to the procedure, stipulated in Clause 252 Tax codes if the following conditions are satisfied:

1) the taxpayer on value added enables permanent sales of goods (works, services) assessed on zero rate;

2) the turnover on realization assessed on zero rate for each of three months preceding month of filing of application on return constituted at least 70 percent in total leviable turnover on realization. According to Item 3 of the specified article of the Tax Code in case of failure to carry out of conditions, stipulated in Item 2 called articles of the Tax Code, excess return to the taxpayer to value added regarding tax amount, carried in offsetting on goods (works, services) used for the purposes of the turnover assessed on zero rate taking into account its obligations on the value added tax for the previous tax periods.

At the same time on the turnovers assessed on zero rate, the value added tax return is made based on number of documents, stipulated in Clause 252 Tax codes, including the declaration on the value added tax for tax period.

In the Declaration on the value added tax (form 300.00), in the edition operating since January 1, 2002 and approved by orders of the Chairman of the Tax Committee No. 1646 of 04.12.01, No. 608 of 10.12.02, No. 493 of 03.12.03, (further - the Declaration) the VAT amount, subject to return on the turnovers assessed on zero rate for tax period is specified in line 300.00.027.

According to the subitem 6) Item 14 of Rules of creation of the declaration on the value added tax (the form 300.00) in the edition operating since January 1, 2003 and approved by orders of the Chairman of the Tax Committee No. 608 of 10.12.02, No. 493 of 03:12 of 03 g (dalee-Pravila) is transferred to line 300.00.27 the amount reflected in line 300.02.12 "Total VAT amount, subject to return". The procedure for filling of the corresponding lines in edition of the Rules existing till January 1, 2003 and approved by the order of the Chairman of the Tax Committee No. 1646 of 04.12.01 is similar to procedure in the edition existing since January 1, 2003, except for numbers of Items and lines of appendix No. 2 to the Declaration (form 300.02).

If the size of line 300.02.12 exceeds the size specified in line 300.00.26, the size of line 300.00.26 "The VAT amount transferred on account of the forthcoming payments to the budget for the VAT" is transferred to line 300.00.27.

According to the subitem 6) of Item 21 of Rules (to the subitem 5) of Item 21 of Rules in the edition operating till January 1, 2003) in line 300.02.12 the total sum of the value added tax which is subject to return from the budget for the turnovers assessed on zero rate is reflected. The size of this line is determined as the amount of lines 300.02.07 and 300.02.11.

At the same time we note that in the Section "VAT Amount, Subject to Return on the Turnovers Assessed on Zero Rate" of appendix No. 2 to the Declaration tax amounts are specified value added, the Tax code which is subject to return according to Item 3 of Article 251 on the turnovers assessed on zero rate, specified in the Section "The Turnover on Realization Assessed on Zero Rate".

This Section is not filled in with payers of the VAT at whom the conditions provided in Item 2 of article 251 of the Tax Code are satisfied.

According to Item 26 of Rules to line 300.02.007 of appendix No. 2 to the Declaration the additional form in which the following data are specified is filled:

1) in the column A - sequence number of line;

2) in the column B - description of goods, shipped for export;

3) in the column C - the cost of goods (works, services) without the value added tax included in the cost of the exported goods specified in the column B;

4) in the column D - tax amount on value added on goods (works, services) included in the cost of the exported goods specified in the column B.

The final size of the column D is transferred to line 300.02.007.

In this connection the VAT amount on goods (works, services) included in the cost of the exported goods is transferred to line 300.02.12 of appendix No. 2 of the Declaration, and in subsequent 300.00.27 Declarations are transferred to line.

The value added tax return on the turnovers assessed on zero rate is made based on number of documents, stipulated in Clause 252 Tax codes, including the statement of the taxpayer for value added tax return on the turnovers assessed on the zero rate, in form 302.00, approved by the above rules.

According to the subitem 2) Item 8 of Rules of creation of the statement for value added tax return of the budget for the turnovers assessed on zero rate (the form 302.00), approved by the above-named order, in line 302.00.002 is specified tax amount, shown to return. Size Daina lines shall not exceed the size specified in line 300.00.027 of the form 300.00, constituted for the tax period preceding date of filing of application.

At the same time, according to Item 215-3 of Rules of maintaining the personal accounts approved by the order of the Chairman of the Tax Committee of the Ministry of Finance of the Republic of Kazakhstan of 23.12.03 No. 630, in case of value added tax return on the turnovers assessed on zero rate, tax amount on value added which is subject to return from the budget shall not exceed positive balance of the value added tax on personal account of the applicant for date of creation of the conclusion which form is approved by appendix No. 18 to the specified Rules.

Thus, the tax amount on value added which is subject to compensation from the budget for the goods used for the purposes of the turnover assessed on zero rate shall not exceed the size specified in line 300.00.027 of the form 300.00, constituted for the tax period preceding date of filing of application, and balance of the value added tax on personal account of the applicant for date of creation of the conclusion.

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