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

Article 356. General provisions on self-assessed individual income tax

1. An individual calculates and paysindividual income tax to the budget on his/her own:

1) on the income specified in subparagraphs 1) - 12) and 17) of Article 321 of this Code - in case of receipt of such income from a person who is not a tax agent;

2) on income indicated in subparagraphs 13) - 18) of Article 321 of this Code.

2. Income subject to self-assessment by an individual (to be) received in a foreign currency shall be recalculated into the national currency of the Republic of Kazakhstan using the market exchange rate set on the last business day before the date from which the income is receivable.
Article 357. Determination of self-assessed taxable income of an individual

1. The amount of income subject to self-assessment by an individual, except for the income of an individual entrepreneur, a private practice owner and a resident migrant worker, is determined as follows:

the income of an individual subject to self-assessment

minus

the amount of income adjustment provided for in paragraph 1 of Article 341 of this Code

minus

the amount of tax deductions in the amount and in the manner specified in Article 342 of this Code.

2. The taxable amount of income of an individual entrepreneur applying the generally established taxation regime is determined as follows:

taxable income of an individual entrepreneur determined in accordance with Article 366 of this Code

minus

taxable income of an individual entrepreneur engaged in e-commerce

minus

the amount of income adjustment provided for in paragraph 1 of Article 341 of this Code

minus

the amount of tax deductions in the amount and in the manner specified in Article 342 of this Code.

The taxable income of an individual entrepreneur is reduced by the taxable income of an individual entrepreneur engaged in e-commerce if the income from e-commerce with account of excess amount of the positive foreign exchange difference over the amount of the negative exchange rate difference arising from transactions for such an activity is less than 90 percent of the income of an individual entrepreneur received for a taxable periodas a whole. If this condition is not observed, the individual entrepreneur shall not be entitled to apply the provisions of the paragraphs of itemsthree and four of part one of this paragraph.

3. The taxable amount of income of a private practice owner shall be determined in accordance with the procedure established by Article 365 of this Code.

4. The taxable amount of income of a resident migrant worker is determined in accordance with the procedure established by Article 360 of this Code.

An amenmend is provided in Article 358 by the Law of the Republic of Kazakhstan dated 10.12.2020 No. 382-VI (shall be enforced from 01.01.2021).