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The document ceased to be valid since  May 12, 2016 according to Item 1 of the Order of the Government of the Republic of Kazakhstan of May 4, 2016 No. 271

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 31, 2011 No. 1749

About approval of Rules of issue and form of confirmation by local executive body of area, city of republican value, the capital based on which reference gained (subject to obtaining) income to the income is performed, from types of activity of the organizations performing activities in the territory of special economic zone

(as amended on 09-12-2014)

According to item 4 of article 150 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:

1. Approve enclosed:

1) Rules of issue of confirmation by local executive body of area, the city of republican value, the capital based on which reference gained (subject to obtaining) income to the income is performed, from types of activity of the organizations performing activities in the territory of special economic zone;

2) form of confirmation by local executive body of area, city of republican value, the capital based on which reference gained (subject to obtaining) income to the income is performed, from types of activity of the organizations performing activities in the territory of special economic zone.

2. This resolution becomes effective after the first official publication.

Prime Minister of the Republic of Kazakhstan

K. Masimov

Approved by the Order of the Government of the Republic of Kazakhstan of December 31, 2011 No. 1749

Rules of issue of confirmation by local executive body of area, the city of republican value, the capital based on which reference gained (subject to obtaining) income to the income is performed, from types of activity of the organizations performing activities in the territory of special economic zone

1. General provisions

1. These rules of issue of confirmation of local executive body of area, city of republican value, the capital based on which reference gained (subject to obtaining) income to the income is performed from types of activity of the organizations performing activities in the territory of special economic zone and its form (further - Rules) are developed according to the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code) of December 10, 2008 and determine procedure and forms of issue to participants of special economic zone (further - SEZ) confirmations about reference gained (subject to obtaining) income to the income from the types of activity answering the purpose of creation of special economic zone.

2. The concepts and terms applied in these rules:

1) the member of SEZ - the legal entity performing priority types of activity in the territory of SEZ;

2) the statement - the written address of the member of SEZ with application of documents according to item 4 of the these rules provided for receipt of confirmation;

3) confirmation - the official document confirming reference gained (subject to obtaining) income of members of SEZ to the income from the types of activity answering the purpose of creation of SEZ;

4) the applicant - the member of SEZ who submitted for consideration the statement on receipt of confirmation.

2. Procedure for issue of confirmation

3. The member of SEZ, submits to local executive body of area, city of republican value, the capital the statement in the established form according to appendix 1 to these rules which is registered in day of receipt in the Magazine of registration of statements which form is established by appendix 2 to these rules.

4. The following documents are enclosed to the application:

1) the certificate of the member of SEZ of the actual amount of the realized goods of own production (works, services) with breakdown on types of activity;

2) the balance sheet and the income and expenditure statement by results of activities for the expired financial year of the member of SEZ;

3) the copy of the audit report for the expired financial year (only legal entities for whom legal acts of the Republic of Kazakhstan establish obligatory carrying out audit represent);

4) the copy of the contract with governing body of SEZ on implementation of activities as the member of SEZ;

5) the copy of the certificate certifying registration of person as the member of SEZ;

6) the certificate of absence at the member of SEZ of structural divisions outside the territory of special economic zone;

7) the documents confirming realization by the member of SEZ of goods (works, services):

delivery notes on goods issue on the party;

the act of the performed works (the rendered services);

copies of agreements (contracts) signed between the member of SEZ and the receiver (buyer) of goods (works, services) for delivery of goods (performance of works, rendering services).

The application shall be signed, and the enclosed documents specified in subitems 1), 2), 3), 4), 5), 6) and 7) of this Item are polistno initialed by the first head (in case of its absence, person, the acting as) and the chief accountant of the applicant and certified by seal.

5. The applicant provides completeness and reliability of the provided materials, also they shall be created in the single folder, and sheets are numbered.

6. The local executive body of area, city of republican value, the capital checks completeness of packet of the submitted documents of the these rules specified in item 4.

7. The local executive body of area, city of republican value, the capital returns the application without consideration in day of its giving in case of incompleteness of the provided documents specified in item 4 of these rules and also discrepancy to requirements of registration and contents of the statement which form is established by appendix 1 to these rules.

8. The local executive body of area, city of republican value, the capital issues confirmation to the member of SEZ no later than 20 calendar days from receipt date of the statement in time.

9. In case of decision making about refusal in confirmation issues, local executive body of area, city of republican value, the capital within 20 calendar days from receipt date of the statement, sends to the applicant the written motivated answer signed by the first head (in case of its absence, person, the acting as).

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