Налоги за рубежом

Личные налоги в Казахстане

Individual taxation


Rates

Individual income tax rate for residents:

  • Kazakh-source dividends: 5%
  • All other income: 10%

Individual income tax rate for nonresidents:

  • Insurance premiums under risk reinsurance contracts, income from rendering international transportation services: 5%
  • Employment income: 10%
  • Insurance premiums under risk insurance contracts, capital gains, dividends, interest, royalties: 15%
  • All other income: 20%

Capital gains tax rate: subject to individual income tax rate

Residence

Tax residence is based on whether an individual permanently resides in Kazakhstan or has their center of vital interests in Kazakhstan. The permanent residence test is based on the number of days of presence in Kazakhstan: a foreign individual is deemed a resident if they are present in Kazakhstan for at least 183 days in any consecutive 12- month period ending in the reporting tax year. The center of vital interests test is based on whether an individual is a citizen or a holder of a Kazakh residence permit and has a spouse and/or close relatives and a place of abode in Kazakhstan (belonging to the individual and/or their spouse and/or their close relatives). All three conditions must be met to establish tax residency under the center of vital interests test.

Basis

Resident individuals are taxed on worldwide income. Nonresidents are taxed only on their Kazakh-source income. Kazakh-source income includes income from employment or other activities performed in Kazakhstan and any other benefits received in this respect, regardless of the place of payment.

Taxable income

Taxable income comprises primarily employment income (including benefits in kind), income from a business, income from third parties (including that received free of charge), and passive income. Local legislation provides for certain exemptions depending on the type of income and the individual’s circumstances.

Rates

Employment income is taxed at a flat rate of 10% for both residents and nonresidents. Residents are subject to tax at 5% on Kazakh-source dividends and 10% on other income. Nonresidents are taxed at 5% on insurance premiums under contracts of risk reinsurance and income from international transportation services; and 15% on insurance premiums under contracts of risk insurance, dividends, interest, royalties, and capital gains; otherwise, the rate is 20%.

Capital gains

Income derived from the sale of property is treated as capital gains subject to taxation unless the individual has held the property for more than one year. Subject to certain exceptions, income derived from the sale of shares of participations and securities is treated as capital gains subject to taxation. Capital gains are taxed at the rate applicable to the individual based on their tax residency status. Additionally, the capital gain on the sale of securities or property registered/located in a low-tax jurisdiction is deemed to be the sales price.

Deductions and allowances

Standard monthly and other deductions are allowed for tax residents, such as a minimum monthly salary deduction (KZT 42,500 per month), deductions for voluntary pension fund contributions, medical costs, etc., as per prescribed limitations.

Foreign tax relief

A credit generally is available for foreign taxes paid on foreign-source income, based on documentation confirming the foreign income tax payment.

Compliance for individuals


Tax year:

The tax year is the calendar year.

Filing status

Tax returns for individual income tax are divided into two categories: an annual individual income tax return submitted independently by an individual or a quarterly tax return filed by a tax agent.

Filing and payment

Payroll-related taxes and obligatory payments must be remitted to the state on a monthly basis by the 25th day of the month following the month in which the tax point arises; reported on a quarterly basis by the 15th day of the second month following the reporting quarter.
If an individual receives income not subject to taxation at source, or if a tax resident (applicable only to residents that are citizens, kandas (certain immigrants intending to stay permanently in Kazakhstan), or residence permit holders in Kazakhstan) possesses foreign assets (e.g., an overseas bank account with a minimum balance, immovable property, foreign legal entity shares, or equity capital interests), a tax return must be filed by 31 March of the year following the reporting year, with payment of the final tax due by 10 April.

Penalties

Penalties apply for late payment of taxes, and administrative fines are imposed for noncompliance. The tax authorities impose the late filling penalties. The amount is equal to 15 times Kazakhstan’s monthly calculated index (MCI) established for the tax year. The current code on administrative violations provides that an individual who has filed a tax return late for the first time will receive an administrative warning; a fine of 15 times the MCI will be imposed for subsequent violations.

Rulings

The tax authorities generally issue nonbinding rulings of an explanatory nature. However, rulings issued by the tax authorities individually to taxpayers will be considered during the tax appeal process.

Controlled foreign companies


Controlled foreign company (CFC) rules apply to residents with at least a 25% shareholding or control (as defined by IFRS) in a tax haven entity or an entity that is taxed at an effective tax rate of less than 10%. The government has issued a list of tax haven jurisdictions. However, entities registered or incorporated in a country with which Kazakhstan has an effective tax treaty should not be treated as CFCs provided the nominal income tax rate in such country is greater than 75% of the corporate income tax rate in Kazakhstan (i.e., 75% x 20% rate, or 15% in 2021). The government should issue the list of these countries no later than 31 December of the year following the reporting tax period.

Kazakh residents holding shares or control in CFCs are required to include CFC profits proportionate to their shareholding or control in their aggregate annual income.

Foreign exchange control


Payments between residents may be made only in KZT while payments between residents and nonresidents may be made in any currency. For foreign exchange control purposes, branches of foreign companies are deemed to be residents, except certain branches engaged in subsoil use operations that are included in an official list approved by the Kazakhstan government. Certain transactions may be subject to the national bank’s notification or registration regime.

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