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

of September 22, 2014 No. NK-06/7900-I

The Tax Committee of the Ministry of Finance of the Republic of Kazakhstan (further - MF RK Oil Company) on reduction explanation in compliance of registration these physical persons, reports the following.

According to item 4 of article 27 of the Law of the Republic of Kazakhstan "About private entrepreneurship" (further - the Law on state of emergency) the physical person has the right to be registered as the individual entrepreneur in attendance procedure (on paper) by submission of documents on registration through the Center of acceptance and information processing of tax authorities or by means of web - the portal of "the electronic government" of the Republic of Kazakhstan.

At the same time the registering body within one working day from the moment of representation by physical person of the documents specified in item 4 of article 27 of the Law on state of emergency makes state registration of the individual entrepreneur (joint individual venture) or refuses such registration.

According to the subitem 1) of Item 1 of article 563 of the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code) tax authorities perform modification and amendments in the registration data provided in case of registration as physical person based on data of the National register of individual identification numbers.

Since 2011 change of the data entered in the National register of individual identification numbers "Physical persons" (GBD FL) arrive in tax authorities from judicial authorities in the automatic mode by means of the State database.

Proceeding from stated, change of registration these physical persons, in particular: F.I.O, the residential address, the identity document, shall be made in the Integrated Taxation Information System (ITIS) in the automatic mode.

At the same time, considering that automatic interaction is established with GBD FL only since 2011 now availability in INIS RK of the registration these physical persons containing irrelevant data on F.I.O, to the residential address, the identity document takes place.

In turn, for the purpose of reduction in compliance registration data of physical persons of MF RK Oil Company work on centralized updating of the data stated above by forced filling is carried out to the respective fields of registration card which presumably will be complete in 2015.

In view of what, for the purpose of rendering the state service in time, stipulated in Item 4 articles 27 of the Law on state of emergency, before input in the mode "INIS/registration of SP" of the tax statement of physical person for registration accounting of the individual entrepreneur, the private notary, the private legal executive, the lawyer it is necessary to bring registration data of physical person into accord. That is, in case of detection in the registration obsolete information on F.I.O, supplied physical person the residential address, the document, proving the identity, it is necessary to send inquiry to GBD FL by means of use of the "INIS/Registration/Dopolnitelnye Modes/change Data on IIN" mode.

After the direction in request GBD FL the condition of processing is looked through in the "INIS/magazine of Documents on Registration of Taxpayers" mode. The condition of data processing contains values: "is processed", "is processed", "it is expected corrections by the employee". At the same time conditions testify to the following facts:

"is processed" - demonstrates to updating of registration these taxpayers (process of updating is complete);

"is processed" - registration data contain errors of the following nature:

1) the notice on updating does not contain data on the identity document. In this case, the employee of tax authority needs to make changes to registration data manually by input and processing in the "INIS/registration of Legal Entities and Physical Persons" mode of the tax statement on appendix form 2, No. 1390 approved by the Resolution of the Republic of Kazakhstan of 29.11.2011;

2) the settlement in the field of "data on the birthplace" is not found. Correction of mistake requires synchronization of the reference book of addresses INIS RK which is made at the level of MF RK Oil Company in case of receipt of the corresponding petition from the territorial tax department directed in the scanned type to the e-mail address: rkudaibergenova@mgd.kz;

"it is expected corrections by the employee" - it is not possible to determine the tax authority (TA) for statement on registration accounting. It is necessary in the "INIS/magazine of Documents on Registration of Taxpayers" mode in the line reflecting the specified mistake manually to determine tax authority by accessory administratively

territorial unit to which there corresponds the residential address and to process.

This letter tax departments need to inform territorial tax authorities.

In addition we pay attention to need of the correct direction of requests for mailing: headiac@mgd.kz created for operational permission of the problematic issues arising in the course of rendering the tax services including concerning technical errors of information systems.

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