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

Article 519. Taxable item

1. A taxable item for individual entrepreneurs, except for individual entrepreneurs, who do not maintain accounting records and compile financial statements in accordance with the Law of the Republic of Kazakhstan “On Accounting and Financial Reporting”, and legal entities is the following assets in the territory of the Republic of Kazakhstan:

1) buildings, structures related to such ones in accordance with the classification established by the authorized state body carrying out state regulation in the field of technical regulation, parts of such buildings accounted for as part of fixed assets, investments in real estate in accordance with international financial reporting standards and (or) requirements of the legislation of the Republic of Kazakhstan on accounting and financial reporting;

2) buildings related to such ones in accordance with the classification established by the authorized state body carrying out state regulation in the field of technical regulation, parts of such buildings provided to individuals under long-term lease agreements for housing with the right to purchase, accounted for in accordance with international financial reporting standards and (or) the requirements of the legislation of the Republic of Kazakhstan on accounting and financial reporting as a long-term receivables;

3) buildings, structures that are concession assets, the rights of possession, use of which are transferred under a concession agreement;

4) assets specified in Article 260 of this Code;

5) buildings, structures related to such ones in accordance with the classification established by the authorized state body carrying out state regulation in the field of technical regulation, parts of such buildings accounted for in accordance with international financial reporting standards and (or) the requirements of the legislation of the Republic of Kazakhstan on accounting and financial statements as part of the assets of second-tier banks, transferred to ownership as a result of foreclosure on property acting as collateral, other security, with the exception of buildings (parts of buildings) and structures specified in subparagraph 1) of this paragraph;

6) buildings, structures specified in paragraph 6 of Article 518 of this Code;

7) buildings and structures related to in accordance with the classification established by the authorized technical regulation body, parts of such buildings and structures provided for financial lease and accounted for in accordance with international financial reporting standards and (or) the requirements of the legislation of the Republic of Kazakhstan on accounting and financial reporting as accounts receivable.

2. A taxable item for individual entrepreneurs, who do not maintain accounting records and compile financial statements in accordance with the Law of the Republic of Kazakhstan “On Accounting and Financial Reporting”, is buildings, structures in the territory of the Republic of Kazakhstan classified as such in accordance with the classification, established by the authorized state body for state technical regulation, and being fixed assets in accordance with subparagraph 9) of Article 201 of this Code.

3. Not subject to taxation:

1) is land as an item subject to the land tax in accordance with Articles 500 and 501 of this Code;

2) are buildings, structures temporarily closed by the decision of the Government of the Republic of Kazakhstan;

3) are state-owned public roads and road structures on them such as:

rights ofway;

components of road structure;

traffic engineering and subsidiary road components and facilities;

bridges;

overpasses;

viaducts;

traffic intersections;

tunnels;

protection galleries;

buildings and devices intended to improve road safety;

drainage structures and culverts;

forest belts along roads;

roadway residential buildings and complexes of road maintenance service;

4) unfinished construction projects, except for those specified in paragraph 6 of Article 518 and subparagraph 4) of paragraph 1 of this article;

5) buildings, structures that are an integral part of a transport complex ensuring the subway operation;

6) buildings and structures purchased by the state Islamic special financial company under contracts concluded in accordance with the terms of issuance of state Islamic securities;

7) individuals’ dwellings and other facilities used in entrepreneurial activity, for which the tax base is determined in accordance with Article 529 of this Code and the tax is calculated by tax authorities in accordance with Article 532 of this Code;

8) buildings, structures that are concession assets, the rights of possession and use of which are transferred under a concession agreement with the availability payment under concession projects of special significance, the list of which is approved by the Government of the Republic of Kazakhstan, provided that the value of concession assets exceeds 50 000000 times the monthly calculation index established by the law on the national budget and effective as of January 1 of a relevant financial year;

9) buildings, structures located on the territory of the lands of the nuclear safety zone, used for placement of radioactive waste and ensuring nuclear physical protection.

Footnote. Article 519 as amended by the Law of the Republic of Kazakhstan dated 10.12.2020 No. 382-VI (shall be enforced from 01.01.2018); dated 20.12.2021 No. 85-VII (shall be enforced after the day the legislative act regulating the creation and functioning of the nuclear safety zone comes into force); dated 21.12.2022 No. 165-VII (shall be enforced from 01.01.2023).