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

Article 351. Calculation, withholding and payment of individual income tax

1. A tax agent calculates individual income tax on income subject to taxation at the source of payment when assessing income subject to taxation.

The amount of individual income tax is calculated by applying the rates established by Article 320 of this Code to the amount of income taxable at the source of payment determined in accordance with this Section.

2. A tax agent withholds individual income tax on the day of payment of income subject to taxation at the source of payment, unless otherwise provided for by this Code.

3. A tax agent shall transfer individual income tax on the paid income within twenty-five calendar days after the end of the month in which the income was paid, at the place of its location, unless otherwise provided for by this article.

4. Individual income tax on income of employees of structural units of a tax agent is transferred to appropriate budgets at the location of the structural units.

5. The tax agent’s duty to withhold individual income tax at the source of payment and transfer it is considered fulfilled if the tax agent paid the amount of individual income tax, calculated from the income subject to taxation at the source of payment in accordance with the provisions of this Code, with his/her/its own money without its withholding.
Article 351-1. Features of calculation, deduction and payment of individual income tax from a one-time pension payment in accordance with the legislation of the Republic of Kazakhstan on pension provision

1. In case of a one-time pension payment in accordance with the legislation of the Republic of Kazakhstan on pension provision, the tax agent is calculating an individual income tax when transferring it by a single accumulative pension fund to a bank account of the recipient and (or) the authorized operator.

Individual income tax is calculated by applying the rates established by Article 320 of this Code to the amount of a one-time pension payment.

2. The deduction and transfer of the amount of individual income tax is made by a tax agent by one of the following methods at the choice of an individual:

1) in the manner prescribed by Article 351 of this Code;

2) monthly equal shares for no more than sixteen years according to the schedule for pension payments established by the single accumulative pension fund.

The deduction specified in this paragraph is based on an application to withhold individual income tax submitted to the tax agent in the form established by the authorized body in agreement with the authorized body in the field of pension provision.

3. The tax agent transfers the withholding amount of individual income tax no later than twenty-five calendar days:

1) of the next month in which a one-time pension payment was made, in the case specified in subparagraph 1) of paragraph 2 of this article;

2) of the next month, in which the transfer of the pension payment was launched in accordance with the schedule established by the Unified Accumulative Pension Fund for pension payments, in the case specified in subparagraph 2) of paragraph 2 of this article.

4. When an individual leaves for a permanent place of residence outside the Republic of Kazakhstan, the amount of individual income tax that was not withheld and not transferred by the tax agent from a one-time pension payment is subject to deduction and transfer as a lump sum in the manner prescribed by Article 351 of this Code, from the amount of the pension payment.

5. A person who has inherited pension savings in the manner prescribed by the legislation of the Republic of Kazakhstan, the amount of individual income tax that was not withheld and not transferred by the tax agent from a one-time pension payment is subject to deduction and transfer as a lump sum in the manner prescribed by Article 351 of this Code, from the amount of the pension payment .

6. When transferring the amounts of pension savings sent to life insurance organizations for payment of insurance premiums under the concluded accumulative insurance contract (pension annuity) of an individual, the amount of an individual income tax that is not withheld and not transferred by a tax agent from a one-time pension payment is subject to deduction and transfer as a lump sum in the manner prescribed by Article 351 of this Code, from the amount of pension savings.

7. For the purposes of this article, a tax agent is recognized as a single accumulative pension fund.