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


Article 286. General provisions


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Article 286. General provisions

An adjustment is an increase or decrease in the amount of income or deduction of a reporting taxable period within the amount of earlier recognized income or deduction in cases established by Article 287 of this Code.

Article 287. Adjustment of income and deductions

1. Income or deductions shall be subject to adjustment in the following cases:


1) full or partial return of goods;


2) changes in the terms of the transaction;


3) changes in prices, compensation for sold or purchased goods, works, services. The provision of this sub-paragraph also applies when changing the amount payable in national currency for goods sold or purchased, work performed, services rendered based on the terms of the contract;


4) price discounts, sales discounts;


5) writing off the claim for which the income adjustment is made in accordance with paragraph 2 of this article.


2. A creditor-taxpayer adjusts income when writing off a claim to:


a legal entity;


an individual entrepreneur;


a non-resident legal entity operating in the Republic of Kazakhstan through a permanent establishment with regard to claims related to the activity of such a permanent establishment.


Income is adjusted as provided for by this paragraph in case of:


1) a creditor-taxpayer’s failure to claim, in case of liquidation of a debtor-taxpayer, by the day of approval of the latter’s liquidation balance;


2) writing off a claim by a final and binding court judgment.


Adjustment shall be made provided all of the following requirements are met:


1) there are source documents confirming the rise of a claim;


2) a claim is stated in accounting records on the day of income adjustment or is accounted for as expenses (write-offs) in previous periods. Income is adjusted within the amount of the written-off claim and income earlier recognized from such a claim.


The provisions of this paragraph shall not apply to claims recognized as doubtful in accordance with this Code.


3. Income is not adjusted when the amount of claims is reduced in connection with their transfer under a contract of sale of an enterprise as a property complex.


4. Incomes and deductions shall be adjusted in the taxable period in which the cases specified in paragraph 1 of this article occurred.

Chapter 29. REDUCTION OR INCREASE OF TAXABLE INCOME (REDUCTION OF LOSS) AND EXEMPTION FROM TAXATION OF SOME CATEGORIES OF TAXPAYERS

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