The convention between the Government of the Republic of Kazakhstan and the Government of Turkmenistan on avoidance of double taxation and prevention of evasion from the taxation concerning taxes on the income and on the capital

of February 27, 1997

The government of the Republic of Kazakhstan and the Government of Turkmenistan, being guided by the aspiration to strengthen and develop commercial, scientific, technical and cultural ties between both States and wishing to sign the Convention on avoidance of double taxation and prevention of evasion from the taxation concerning taxes on the income and on the capital, agreed about the following.

Article 1. Persons to whom the Convention is applied

This Convention is applied to persons who are residents of one or both Contracting States.

Article 2 Taxes to which the Convention extends

1. This Convention is applied to the taxes on the income and on the capital levied on behalf of the Contracting State or its administrative-territorial divisions or regional authorities irrespective of method of their collection.

2. All types of tax levied from total of income, from the total amount of the capital, or from separate elements of the income or the capital including taxes on the income from alienation of personal or real estate, taxes levied from the total amount of salary or salary paid by the companies and also the taxes levied from the income from capital value addition are considered as taxes on the income and on the capital.

3. The existing taxes to which the Convention extends are, in particular:

a) in the Republic of Kazakhstan:

(i) tax on the income of legal entities and physical persons;

(ii) property tax of legal entities and physical persons; (further referred to as as "the Kazakhstan taxes");

b) in Turkmenistan:

(i) income tax (income);

(ii) the income tax from physical persons;

(iii) tax for use of natural resources;

(iv) property tax of the companies;

(v) payment for the earth;

(hereinafter referred to as as "taxes of Turkmenistan").

4. The convention is also applied to any identical or in essence to similar taxes which will be levied in addition to the existing taxes or instead of them after signature date of the Convention. Competent authorities of Contracting States will notify each other on any essential changes which will be made to their corresponding tax legislations.

Article 3. General determinations

For the purposes of this Convention if other does not follow from context:

a) terms:

(i) Kazakhstan means the Republic of Kazakhstan and when using in geographical sense means its territory, and also areas determined according to international law where activities to which the tax legislation of the Republic of Kazakhstan is applied can be performed;

(ii) Turkmenistan means Turkmenistan and when using in geographical sense means its territory, and also areas determined according to international law where activities to which the tax legislation of Turkmenistan is applied can be performed;

b) the term "person" includes physical person, the company and any other consolidation of persons;

c) the term "company" means any corporate consolidation or any economic unit which are considered as corporate consolidation for the purposes of the taxation;

d) the terms "Contracting State" and "other Contracting State" mean Kazakhstan or Turkmenistan depending on context;

e) the terms "company of the Contracting State" and "company of other Contracting State" mean respectively the company managed by resident of the Contracting State and the company managed by resident of other Contracting State;

f) the term "international delivery" means any transportation sea either the aircraft, or the automobile and railway means operated by the company of the Contracting State except cases when such transportation is performed only between the Items located in other Contracting State;

g) the term means "competent authority":

(i) in Kazakhstan: Ministry of Finance and State Tax Committee of the Republic of Kazakhstan or their authorized representative;

(ii) in Turkmenistan: Ministry of Economics and finance and Main state tax authorities of Turkmenistan or their plenipotentiary;

h) the term "national person" means:

(i) any physical person having nationality of the Contracting State;

(ii) any legal entity, partnership or association who received the status based on the current legislation of the Contracting State;

j) the term "capital" for the purposes of Article 23 (Capital) means personal and real estate and includes (but it is not limited to them) the cash, shares or other documents confirming property rights, bills of exchange, bonds or other debt obligations, and also patents, trademarks, copyright or other similar right or property.

2. In case of application at any time of the Convention by the Contracting State any term which is not determined in it will have that value if other which it has by the legislation of this State at this time concerning taxes to which the Convention extends does not follow from context.

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