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

Article 51-1. Conditions for granting an investment tax credit

1. An investment tax credit shall be granted to taxpayers on the basis of an investment tax credit agreement.

2. Taxpayers may not apply for an investment tax credit in one of the following conditions:

1) applying special tax regimes provided for by Section 20 of this Code;

2) engaged in the production and (or) sale of all types of alcohol, alcoholic products, tobacco products;

3) taxation of taxpayers is carried out in accordance with Sections 21 and 23 of this Code.

Footnote. Chapter 6 supplemented by Article 51-1 in accordance with the Law of the Republic of Kazakhstan dated 10.12.2020 No. 382-VI (effective from 01.01.2021).



Article 52. Conditions for concluding an asset pledge agreement

An asset pledge agreement shall be concluded within ten business days from the taxpayer’s submission of an application for changing a deadline for the fulfillment of a tax obligation to pay taxes and (or) fees, given that:

1) the content of the pledge agreement meets the requirements established by the legislation of the Republic of Kazakhstan;

2) an asset to be pledged must be insured against loss or damage, and its market value must at least equal the amount of taxes and (or) fees specified in the application for changing a deadline for the fulfillment of a tax obligation to pay taxes and (or) fees, inclusive of the penalty assessed for the period of deferrals or payment by installments, as well as the expenses associated with its sale in case of the taxpayer’s disruption of the schedule for payment of taxes and (or) fees. The following items may not be pledged:

life support facilities;

electric, thermal and other types of energy;

distrainedassets;

property on which restrictions are imposed by state bodies, with the exception of restrictions imposed by state revenue bodies;

assets encumbered with the rights of third parties;

the only housing of an individual, an individual entrepreneur, a person engaged in private practice;

perishable raw materials, food products;

3) repledging of assets provided as collateral is not allowed;

4) where the Laws of the Republic of Kazakhstan provide for compulsory state registration of an asset pledge agreement, a taxpayer shall, within five working days from the conclusion of a pledge agreement, submit to a tax authority, making a decision to change a deadline for the fulfillment of a tax obligation to pay taxes and (or) fees, a document confirming the registration of the pledge agreement with State Corporation “Government for Citizens”.

Footnote. Article 52 as amended by the Law of the Republic of Kazakhstan dated 02.04.2019 No. 241-VI (shall be enforced from 01.07.2019); dated 20.12.2021 No. 85-VII (shall be enforced from 01.03.2022); dated 21.12.2022 No. 165-VII (shall be enforced from 01.01.2023).