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

Article 304. Features of calculation and payment of corporate income tax by certain categories of taxpayers

Taxpayers applying a special tax regime for producers of agricultural products shall calculate the corporate income tax (except for that calculated in accordance with the procedure established by Chapter 33 of this Code) with account of the provisions of Chapter 78 of this Code.
Article 305. Calculation of the amount of advance payments

1. Taxpayers, except for those indicated in paragraph 2 of this article, in the manner specified in this article:

1) calculate and pay within the time frames established by paragraph 2 of Article 306 of this Code:

advance payments for corporate income tax payable in equal installments for each month of the first quarter of the reporting taxable period (hereinafter, for the purposes of this article, referred to as advance payments prior to the declaration);

advance payments for corporate income tax payable in equal installments for each month of the second, third, fourth quarters of the reporting taxable period (hereinafter, for the purposes of this article, referred to as advance payments after the declaration);

2) draw up and submit to the tax authority at the location of the taxpayer:

the calculation of the amount of advance payments for corporate income tax payable for the period prior to the declaration on the corporate income tax for the previous taxable period (hereinafter, for the purposes of this article, referred to as the calculation of advance payments prior to the declaration);

the calculation of the amount of advance payments for corporate income tax payable for the period after the declaration on the corporate income tax for the previous taxable period (hereinafter, for the purposes of this article, referred to as the calculation of advance payments after the declaration).

2. Tax obligations provided for by paragraph 1 of this article may not be fulfilled by:

1) taxpayers whose total annual income, with account of adjustments for the taxable period preceding the previous taxable period, does not exceed the amount equal to 325 000 times the monthly calculated index established by the law on the national budget and effective as of January 1 of a financial year preceding the previous financial year, unless otherwise provided for by this paragraph;

2) unless otherwise established by Paragraph 4 of this Article, newly established (emerged) taxpayers - during the taxable period of state registration with a registering authority and also during a subsequent taxable period;

3) non-resident legal entities registered with tax authorities as taxpayers operating in the Republic of Kazakhstan through a permanent establishment without setting up a structural unit of a legal entity - during the taxable period of registration with tax authorities and also during a subsequent taxable period;

4) taxpayers meeting the requirements of paragraph 1 of Article 289 of this Code;

5) taxpayers meeting the requirements of paragraph 1 of Article 291 of this Code;

6) taxpayers meeting the requirements of paragraphs 2 and 3 of Article 290 of this Code;

7) is excluded by the Law of the Republic of Kazakhstan dated 10.12.2020 No. 382-VI (shall be enforced from 01.01.2021);

Subparagraph 8) shall remain in force before 01.01.2029 in accordance with the Law of the Republic of Kazakhstan dated 26.12.2018 No. 203-VI.




8) taxpayers meeting the requirements of Paragraphs 4-3 of Article 293 of this Code;.

9) was valid until 01.01.2023 in accordance with the Law of the Republic of Kazakhstan dated 10.12.2020 No. 382-VI;




10) an organization specializing in improving the quality of loan portfolios of second-tier banks, the sole shareholder of which is the Government of the Republic of Kazakhstan;

11) taxpayers that meet the conditions of paragraph 2 of Article 6 of the Constitutional Law of the Republic of Kazakhstan On the Astana International Financial Center.

3. When determining the total annual income for the purposes of subparagraph 1) of paragraph 2 of this Article, the following shall not be taken into account:

incomes of the state Islamic special financial company received from the lease of property (rent) and (or) the sale of real estate specified in subparagraph 6) of paragraph 3 of Article 519 of this Code, and land plots occupied by such property;

incomes of organizations specified in subparagraph 4) of paragraph 1 of Article 293 of this Code from the screening in cinemas on the territory of the Republic of Kazakhstan of a film recognized as a national film in accordance with the legislation of the Republic of Kazakhstan on cinematography;

incomes of organizations specified in subparagraph 5) of paragraph 1 of Article 293 of this Code from distribution and screening in cinemas on the territory of the Republic of Kazakhstan of a film recognized as a national film in accordance with the legislation of the Republic of Kazakhstan on cinematography, for the use of which they have an exclusive right;

incomes of a taxpayer carrying out cargo transportation by a sea vessel registered in the international ship register of the Republic of Kazakhstan, received from the activity specified in paragraph 2 of Article 293 of this Code;

incomes of taxpayers specified in paragraphs 1, 2 and 3 of Article 708 of this Code received from priority types of activities;

incomes of the taxpayer specified in Chapter 80-1 of this Code, by type of activity within the framework of the investment project, determined by the investment agreement.

4. A newly established legal entity as a result of reorganization through division or separation fulfills tax obligations provided for by paragraph 1 of this article in the taxable period in which such reorganization was carried out, and also within two subsequent taxable periods if a legal entity reorganized through division or separation calculated advance payments for corporate income tax in the taxable period of such reorganization.

5. The amount of advance payments:

1) prior to the declaration is calculated (assessed) for the first quarter of the reporting taxable period equal to one-fourth of the total amount of advance payments, calculated in the amounts of advance payments for the previous taxable period, except for cases specified in subparagraph 2) of this paragraph. If a taxpayer understates the amount of advance payments in the calculation of advance payments prior to the declaration, a tax authority is entitled to assess the amount of advance payments for the specified period equal to the positive difference between the amount of advance payments determined in accordance with this subparagraph and the amount of advance payments specified in such calculation, for the periods of payment established by paragraph 2 of Article 306 of this Code;

2) prior to the declaration is calculated on the basis of the estimated amount of corporate income tax for the current taxable period by taxpayers who:

did not calculate advance payments for corporate income tax in the previous taxable period;

specified in Paragraph 4 of this Article - in the taxable period of reorganization through division or separation, and also during two subsequent taxable periods;

3) after the declaration shall be calculated in the amount of three-fourths of the corporate income tax amount calculated for the previous taxable period in accordance with Paragraph 1 of Article 302 and Article 652 of this Code, except for cases provided by Subparagraph 4) of this Paragraph. For the purposes of calculating advance payments, the amount of corporate income tax calculated for the previous taxable period shall not include the amount of corporate income tax calculated from the total profit of controlled foreign companies or permanent establishments of controlled foreign companies in accordance with Article 297 of this Code;

4) after the declaration is calculated on the basis of the estimated amount of corporate income tax for the current taxable period in the case:

of the amount of corporate income tax calculated for the previous taxable period in accordance with paragraph 1 of Article 302 and Article 652 of this Code being equal to zero;

specified in Paragraph 4 of this Article - in the taxable period of reorganization through division or separation, and also during two subsequent taxable periods;

extension of the period for submitting a corporate income tax declaration for the previous taxable period.

6. The calculation of advance payments:

1) prior to the declaration is submitted on or before January 20 of a reporting taxable period;

2) after the declaration is submitted on or before April 20 of a reporting taxable period.

7. Taxpayers shall be entitled to submit an additional calculation of advance payments after the declaration no later than December 31 of the reporting taxable period based on the estimated amount of corporate income tax for the current taxable period.

The amounts of advance payments after the declaration, taking into account the adjustments specified in the additional calculations of advance payments after the declaration, cannot have a negative value.

Footnote. Article 305 as amended by the Law of the Republic of Kazakhstan dated 26.12.2018 No. 203-VI (shall be enforced from 01.01.2019); dated 03.01.2019 No. 213-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 02.04.2019 No. 241-VI (enforcement see Article 2); dated 10.12.2020 No. 382-VI (shall be enforced from 01.01.2021); dated 21.12.2022 No. 165-VII (shall be enforced from 01.01.2023).