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


Article 306. Deadlines and order for the payment of corporate income tax


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Article 306. Deadlines and order for the payment of corporate income tax

1. Taxpayers shall pay corporate income tax calculated in accordance with Article 302 of this Code at their location.


2. Taxpayers specified in paragraph 1 of Article 305 of this Code are obliged to make advance payments for corporate income tax to the budget for each month in a taxable period established by Article 314 of this Code, on or before the 25
th day of each month in the amount determined in accordance with Article 305 of this Code.

3. The amount of advance payments made to the budget during the taxable period is applied against corporate income tax calculated on the basis of the corporate income tax declaration for the reporting taxable period.


The taxpayer shall pay the corporate income tax pursuant to the results of the taxable period within ten calendar days after the deadline for submitting the declaration.


4. The taxpayer shall pay the corporate income tax calculated in accordance with Chapter 30 of this Code based on the results of the tax period not later than ten calendar days after the last deadline established by paragraph 4 of Article 315 of this Code.


The provisions of this paragraph shall not be applied to corporate income tax calculated on the taxable income of controlled foreign companies and permanent establishments of controlled foreign companies incorporated in countries with preferential taxation.


Footnote. Article 306 as amended by the Law of the Republic of Kazakhstan dated 10.12.2020 No. 382-VI (shall be enforced from 01.01.2020).

Chapter 33. CORPORATE INCOME TAX WITHHELD AT THE SOURCE OF PAYMENT


Article 307. Income subject to taxation at the source of payment

1. Income taxed at the source of payment, unless otherwise provided for by paragraph 2 of this article, includes:


1) winnings paid by a resident legal entity of the Republic of Kazakhstan, a non-resident legal entity operating in the Republic of Kazakhstan through a permanent establishment to a resident legal entity of the Republic of Kazakhstan, a non-resident legal entity operating in the Republic of Kazakhstan through a permanent establishment;


2) income of non-residents from sources in the Republic of Kazakhstan, determined in accordance with Article 644 of this Code, not related to the permanent establishment of such non-residents, except for those specified in subparagraph 3) of this paragraph;


3) income indicated in subparagraph 10) of paragraph 1 of Article 644 of this Code, paid to the structural unit of a legal entity or to a permanent establishment of a non-resident;


4) remuneration paid by a resident legal entity of the Republic of Kazakhstan, a non-resident legal entity operating in the Republic of Kazakhstan through a permanent establishment to a resident legal entity of the Republic of Kazakhstan, a non-resident legal entity operating in the Republic of Kazakhstan through a permanent establishment;


5) dividends specified in subparagraph 4) of paragraph 2 of Article 241 of this Code.


2. Not subject to taxation at the source of payment is:


1) interest on government-issued securities and agency bonds;


2) interest, dividends on the placed pension assets paid to the single accumulative pension fund, as well as interest on the placed pension assets paid to a voluntary accumulative pension fund, to insurance organizations operating in the life insurance industry, mutual and joint-stock investment funds, the State Social Insurance Fund and the social health insurance fund;


3) remuneration paid to the organization ensuring mandatory insurance of deposits of individuals;


4) interest on debt securities that are in the official list of a stock exchange operating in the territory of the Republic of Kazakhstan as of the date of accrual of such interest;


5) interest on credits (loans) paid to organizations carrying out certain types of banking operations;


6) is excluded by Law of the Republic of Kazakhstan No. 262-VI dated 03.07.2019 (shall be enforced since 01.01.2020);




7) interest on a credit (loan), deposit paid to a resident bank;


8) was valid until 01.01.2020 in accordance with Law of the Republic of Kazakhstan No. 121-VI dated 25.12.2017;




9) remuneration under a lease agreement paid to a resident lessor;


10) commission on repo transactions;


11) remuneration for microloans paid to organizations engaged in microfinance activities (except for pawnshops);


12) interest on debt securities payable to:


organizations engaged in professional activities in the securities market;


legal entities through organizations engaged in professional activities in the securities market;


13) remuneration on deposits paid:


to non-profit organizations, with the exception of those registered in the form of joint-stock companies, institutions and consumer cooperatives, except for associations of an apartment building property owners;


autonomous educational organizations specified in subparagraphs 1) and 2) of paragraph 1 of Article 291 of this Code;


14) remuneration paid on a loan (loan, microloan), the right of claim for which is assigned to a legal entity specified in the laws of the Republic of Kazakhstan "On Banks and Banking Activities in the Republic of Kazakhstan" and "On Microfinance Activities";


Note!

Subparagraph 15) shall be valid until 01.01.2027 in accordance with the Law of the Republic of Kazakhstan dated 25.12.2017 No. 121-VI.




15) remuneration paid to an organization specializing in improving the quality of loan portfolios of second-tier banks, whose sole shareholder is the Government of the Republic of Kazakhstan;


Note!

Subparagraph 16) shall be valid until 01.01.2027 in accordance with the Law of the Republic of Kazakhstan dated 25.12.2017 No. 121-VI.




16) remuneration under a bank deposit agreement paid to a sustainability organization, whose 100 percent of the voting shares are held by the National Bank of the Republic of Kazakhstan, under the Program for refinancing housing mortgage loans (mortgage loans), transferred by an organization specializing in improving the quality of loan portfolios of second-tier banks, whose sole shareholder is the Government of the Republic of Kazakhstan.


Footnote. Article 307 as amended by Laws of the Republic of Kazakhstan No. 262-VI dated 03.07.2019 (shall be enforced since 01.01.2020); No. 284-VІ dated 26.12.2019 (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 11.07.2022 No. 135-VII (shall be enforced from 01.01.2023);




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