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

Article 401. The date of VAT offset

1. VAT subject to offset is recognized in the taxable period, in which the most recent of the following dates occurs:

1) the date of receipt of goods, works, services;

2) the date of issuance of an invoice or another document underlying VAT offset, in accordance with paragraph 1 of Article 400 of this Code.

In case of issuing a corrected invoice, the amount of value added tax shall be taken into account in the tax period in which such tax was taken into account on the canceled invoice, except in cases when the dates of turnover indicated in the canceled invoice and the corrected invoice differ and fall on different tax periods.

If an electronic invoice indicates the date of its issuance in hard copy, this date is recognized as the date of issuance of the invoice, for the purposes of this paragraph.

The provisions of this paragraph are not applied in the cases specified in paragraphs 2-6 of this article.

2. In the case provided for by subparagraph 2) of paragraph 1 of Article 400 of this Code, VAT subject to offset is recognized in the taxable period, in which the most recent of the following dates occurs:

1) the date of payment to the state budget, also by offsetting on the payment of a tax in accordance with the procedure established by Articles 102 and 103 of this Code;

2) the date of customs clearance carried out in accordance with the customs legislation of the Eurasian Economic Union and (or) the customs legislation of the Republic of Kazakhstan, or the last day of tax period, in the application for the import of goods and payment of indirect taxes for which such tax was calculated.

3. In the case provided for by subparagraph 3) of paragraph 1 of Article 400 of this Code, VAT subject to offset is recognized in the taxable period, in which the most recent of the following dates occurs:

1) the date of payment to the state budget, also by offsetting on the payment of a tax in accordance with the procedure established by Articles 102 and 103 of this Code;

2) the last day of the taxable period, for which such a tax was calculated in a VAT declaration.

4. In the case provided for by subparagraph 4) of paragraph 1 of Article 400 of this Code, VAT subject to offset is recognized in the taxable period, which includes the date of VAT registration.

5. According to the additional invoice, the value added tax attributed to the offset shall be taken into account in the tax period on which the date of issuance of such an invoice falls. At the same time, the amount of value added tax on the additional invoice provided for in part three of paragraph 1 of Article 419 of this Code shall be taken into account in the tax period on which the date of issue of the additional invoice recognized as cancelled falls.

6. In case of purchasing electric and (or) thermal power, system services in accordance with the Law of the Republic of Kazakhstan “On Electric Power Industry”, VAT subject to offset is recognized in the taxable period, which includes the effective date of turnover from the sale of such goods, works, services.

Footnote. Article 401 as amended by the Law of the Republic of Kazakhstan dated 10.12.2020 No. 382-VI (shall be enforced from 01.01.2021).