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

Article 238. Property received free of charge

1. Unless otherwise established by this Code, the value of any property, including works and services received by the taxpayer free of charge, is his/her/its income.

2. Income in the form of property received free of charge, including works and services, is recognized in the taxable period in which such property is received, works are performed, services are rendered.

3. For the purposes of determining the income amount in the form of gratuitously received property, the value of the gratuitously received property, including works and services, shall be determined basing on accounting records in accordance with international financial reporting standards and (or) the requirements of the legislation of the Republic of Kazakhstan on accounting and financial reporting , but not below the value indicated in the deed of acceptance and transfer (if any) of such property, inclusive of the value added tax indicated in the documents of the transferring party.

4. The value of property received free of charge in the form of a GNG emission quota obtained in accordance with the National Plan for GNG emission quotas allocation in the manner determined by the authorized body in the field of environmental protection is recognized to be zero.

Footnote. Article 238 as amended by the Law of the Republic of Kazakhstan dated 10.12.2020 No. 382-VI (effective from 01.01.2018).



Article 239. Income received from operating social facilities

If the income to be received (received) from another person in the operation of social facilities does not exceed 5 percent of the total annual income, including such income, then the taxpayer’s total annual income shall include the excess of such incomes over the actual expenses incurred in the operation of social facilities determined in accordance with international financial reporting standards and (or) the requirements of the legislation of the Republic of Kazakhstan on accounting and financial reporting.

A social facility is property belonging to the taxpayer on the basis of the right of ownership and:

1) used in one or more of the following activities:

in the field of recreation, entertainment;

in the field of science, culture, physical training and sports, conservation of historical and cultural heritage, archival valuables;

2) being a housing facility.

If the conditions established by this article are not observed, tax accounting of income and expenses from the operation of social facilities shall be carried out in accordance with the generally established procedure.

Footnote. Article 239 as amended by the Law of the Republic of Kazakhstan dated December 10, 2020 No. 382-VI (enforcement, Article 2).