of January 8, 2014 No. NK-21/34-I
Tax departments on
to areas, Astana and Almaty
Management of multimedia communication
on explanation of the tax legislation
Tax department on the city of Astana
1. On the corporate income tax
So, by the actual method of determination of the income according to the long-term contract - regulations that the income which is subject to obtaining (received) for accounting tax period, is recognized the amount at least expense amounts suffered for such period according to the long-term contract are kept.
At the same time, since January 1, 2014 if for the previous tax periods the total of income according to the long-term contract for the purposes of the taxation exceeds the total of income under such contract determined in financial accounting, the taxpayers applying the actual method having the right to reduce the income according to the long-term contract for the purposes of the taxation for accounting tax period by the amount of such excess up to the size at least expense amount attributable to deductions under such contract for tax period.
Thus, the taxpayers applying the actual method are given opportunity in the last year of action of the long-term contract to make adjustment of the income towards reduction if the long-term contract actually is unprofitable.
By completion method - for simplification of application the formula of determination of share of execution of the long-term contract is entered.
1.3 The law enters regulations on the taxation of the insurance, reinsurance organizations which become effective since January 1, 2012.
So, it is specified that insurance companies can perform deduction of expenses on reserve of not earned premiums, reserve of not occurred losses, reserve of the declared, but not settled losses.
Besides, the procedure for recognition of the income and deduction is determined by the reinsurance assets created on not earned premiums, not event to losses, declared, but not settled losses.
Also for the purpose of establishment of transitional provisions are provided procedure:
determinations of the income in type of insurance premiums and deductions under the agreements of accumulative insurance, reinsurance, agreements of not accumulative insurance, life reinsurance which entered about force till January 1, 2012;
determinations of original cost of the fixed assets of the insurance, reinsurance organization for January 1, 2012.
such assets cannot be used by the end of the reporting period owing to the requirements specified in technical documentation on operation in certain temperature conditions;
at least three months participate in production process in connection with climatic, natural or technological conditions during the certain period of calendar year, but;
in accounting tax period were used in the activities directed to income acquisition.
2. On the value added tax (further - the VAT)
So, date of making of leviable turnover in case of sales of goods is determined by transfer (shipment) of goods, in other cases according to the document confirming the fact of transfer of such goods.
Date of making of turnover on acquisition of works, services, including in case of acquisition of works, services from the nonresident who is not the payer of the VAT in RK and not performing activities through branch, representation the signature date specified in the act of the performed works, the rendered services or the document confirming the fact of performance of works, rendering services is recognized.
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