On taxes and other obligatory payments to the budget (Tax Code)

Article 190. Tax accounting and accounting records

1. Tax accounting is the process of maintenance of accounting records by a taxpayer (tax agent) in accordance with the requirements of this Code for the purposes of collating and systematizing information on taxable and (or) tax-related items, as well as calculating taxes and payments to the budget and drawing up tax returns.

Consolidated tax accounting is tax accounting carried out by an authorized representative of parties to a joint activity agreement in the form of a simple partnership, both for the activity as a whole, and for participatory interest of each party to the joint activity agreement.

2. Accounting records include:

1) accounting documents - for persons who are responsible for their maintenance, in accordance with the Law of the Republic of Kazakhstan “On Accounting and Financial Reporting”;

2) standard audit file - for persons voluntarily submitting this file;

3) accounting source documents - for persons specified in paragraph 4 of this article;

4) tax forms;

5) tax accounting policy;

6) other documents that are the basis for identifying taxable and tax-related items, as well as for calculating a tax obligation.

For the purposes of this paragraph, accounting documentation or primary accounting documents drawn up in the information system of electronic invoices using an electronic digital signature shall also be recognized as accounting records.

3. Unless otherwise specified in paragraph 4 of this article, tax accounting is based on accounting data. The procedure for maintaining accounting records is established by the legislation of the Republic of Kazakhstan on accounting and financial reporting.

4. Persons who are not required to maintain accounting records and draw up financial statements by the Law of the Republic of Kazakhstan “On Accounting and Financial Reporting”, organize and maintain tax accounting in accordance with this chapter, Chapter 24 of this Code and the rules approved by the authorized body.

Tax accounting of insurance, reinsurance companies related to the activities of concluding and executing insurance (reinsurance) contracts shall be based on reporting data established by the National Bank of the Republic of Kazakhstan, with regard to the requirements of the authorized body for regulation, control and supervision of the financial market and financial organizations, coordinated with the authorized body and the authorized tax policy body.

5. A taxpayer (tax agent), independently and (or) through an authorized representative of parties to a joint activity agreement responsible for the consolidated tax accounting, organizes tax accounting and determines the forms of collation and systematization of information in the form of tax registers so as to ensure:

1) the collection of full and reliable information on the accounting procedure, for tax purposes, for transactions carried out by a taxpayer (tax agent) during a taxable period;

2) decoding of each line of tax return forms;

3) the drawing up of reliable tax returns;

4) provision of information to tax authorities for tax control.

6. The procedure for maintaining tax accounting is established by the tax accounting policy - a document approved by the taxpayer (tax agent) independently with account of the requirements of this Code.

The tax accounting policy, excepting the tax accounting policy of a taxpayer who, in accordance with the Law of the Republic of Kazakhstan On Accounting and Financial Reporting, is not obliged to maintain accounting records and prepare financial statements, may be included as a separate section in the accounting policy, developed in accordance with international financial reporting standards and (or) the requirements of the legislation of the Republic of Kazakhstan on accounting and financial reporting.

7. Individual entrepreneurs applying special tax regimes for small businesses on the basis of a patent, a simplified declaration or using a special mobile application, approve the tax accounting policy in the form established by the authorized body.

Footnote. Article 190 as amended by the Law of the Republic of Kazakhstan dated 10.12.2020 No. 382-VI (effective from 01.01.2018); dated 24.06. 2021 No. 53-VII (effective from 01.01.2022); dated 21.12.2022 No. 165-VII (enforcement, see art 4).