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

Article 53. Bank guarantee

1. Under a bank guarantee, a bank (guarantor) has a duty to fulfill a taxpayer’s obligation to pay taxes and (or) fees in case of violation by the taxpayer of conditions for allowing deferrals, payment by installments of taxes and (or) fees.

2. A bank guarantee must meet the following requirements:

1) the content of a bank guarantee must comply with the requirements established by the legislation of the Republic of Kazakhstan;

2) a bank guarantee must be irrevocable;

3) the validity period of a bank guarantee shall expire at least six months after the expiration of a deadline set for a taxpayer to fulfill an obligation to pay taxes and (or) fees secured by a bank guarantee;

4) the amount, for which a bank guarantee was issued, shall secure the guarantor’s fulfillment of a taxpayer’s obligation to pay taxes and (or) fees in full.

3. A guarantor shall fulfill a bank guarantee obligation within three business days from the day a claim for the money under the bank guarantee is received.

4. A guarantor is not entitled to refuse a tax authority to satisfy a claim for the money under a bank guarantee (unless such a claim is presented to a guarantor after the period of validity of a bank guarantee).
Article 54. Termination of deferral, payment by installments and investment tax credit

Footnote. The heading of Article 54 as amended by the Law of the Republic of Kazakhstan dated 10.12.2020 No. 382-VI (effective from 01.01.2021).

1. Deferral, installment and investment tax credit shall be terminated upon expiry of the relevant decision or agreement.

2. Deferral, installment and investment tax credit shall be terminated, including ahead of schedule, in the following cases:

1) payment by a taxpayer of the entire amount of taxes and (or) fees before the expiration of the set deadline;

2) breach by the taxpayer of the conditions for granting deferrals, installments and investment tax credits for the payment of taxes and (or) fees;

3) lodging a complaint against an audit findings report within the period specified in the decision of a tax authority to change a deadline for the fulfillment of a tax obligation to pay taxes and (or) fees specified in the audit findings report - if deferrals and payment by installments are allowed on the ground set forth in subparagraph 7) of paragraph 2 of Article 51 of this Code. If the case, specified in this subparagraph, occurs, the decision to change a deadline for the fulfillment of a tax obligation to pay taxes and (or) fees terminateson the day the tax authority makes a relevant decision;

4) by a court resolution;

5) delay of the due date established by the schedule for the fulfillment of tax obligation on paying taxes and (or) fees for more than five working days.

3. A tax authority that made a decision to change a deadline for the fulfillment of a tax obligation to pay taxes and (or) fees may terminate it and send a notice of annulment of the decision to change a deadline for the fulfillment of a tax obligation to pay taxes and (or) fees to the taxpayer within five business days from the date of the decision.

4. If during the term of the investment tax credit agreement the taxpayer who has entered into it violates the conditions provided for by the agreement for the sale or transfer into possession, use or disposal of equipment or other property to other persons, the acquisition of which was the basis for granting an investment tax credit, this taxpayer is obliged during the tax period following the reporting date from the date of termination of the investment tax credit agreement, to pay all previously unpaid tax amounts in accordance with the agreement, as well as the corresponding penalties accrued for each calendar day of the investment tax credit agreement in the amount of 1.25 times the base rate National Bank of the Republic of Kazakhstan on the date of payment for the period from the conclusion to the termination of the said agreement.

Footnote. Article 54 as amended by the Law of the Republic of Kazakhstan dated 10.12.2020 No. 382-VI (effective from 01.01.2021); dated 21.12.2022 No. 165-VII (effective from 01.01.2023).