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

Article 352. Features of calculation, withholding and payment of individual income tax by state institutions

1. By a decision of a state body, its structural units and (or) territorial bodies can be considered as tax agents for the income of employees of state institutions subordinate to them.

2. By a decision of a local executive body, its structural units and (or) territorial (subordinate) bodies can be considered as tax agents for the income of employees of state institutions subordinate to them.

In this case, state institutions recognized, in accordance with the procedure established by this article, as tax agents for the purposes of Section 12 of this Code, are recognized as payers of the social tax.

Individual income tax is paid to appropriate budgets at the location of the tax agent.

3. The calculation, withholding and payment of individual income tax shall be made by a tax agent in accordance with the procedure and within the time limits specified in Articles 350 and 351 of this Code.

4. A declaration on individual income tax and social tax is submitted by a tax agent in accordance with the procedure and within the time limits established by Article 355 of this Code.
Article 353. Determination of income taxable at the source of payment

1. The amount of the employee’s taxable income is determined in the following order:

the amount of employee’s income subject to taxation at the source of payment received in a current taxable period

minus

the amount of income adjustment in a current taxable period provided for by paragraph 1 of Article 341 of this Code

minus

the amount of tax deductions in the manner specified in Article 342 of this Code.

1-1. The amount of taxable income of the employee, determined by paragraph 1 of this article, is reduced by 90 percent if the employee’s accrued income for the tax period does not exceed the 25-fold monthly calculation indicator established by the Law on the Republican Budget and the corresponding financial year in force on January 1.

2. The amount of taxable income from the sale of goods, the performance of works, the rendering of services, except for the property income received by an individual who is not an individual entrepreneur, a private practice owner, is determined as follows:

the amount of income subject to taxation at the source of payment received in a current taxable period by an individual who is not an individual entrepreneur, a private practice owner from selling goods, performing works, rendering services, except for the property income

minus

the amount of income adjustment in a current taxable period provided for by paragraph 1 of Article 341 of this Code

minus

the amount of standard deductions specified in subparagraphs 2) and (or) 3) of paragraph 1 of Article 346 of this Code.

3. The amount of taxable income in the form of pension payments is determined as follows:

1) from the single accumulative pension fund:

the amount of income in the form of pension payments subject to taxation

minus

the amount of adjustment for the individual income tax provided for in paragraph 1 of Article 341 of this Code

minus

the amount of tax deductions in the manner and amounts specified in paragraph 1 of Article 345 and in subparagraphs 2) and (or) 3) of paragraph 1 of Article 346 of this Code;

2) from a voluntary accumulative pension fund in the amount of income in the form of pension payments subject to taxation.

4. The amount of taxable income under savings insurance contracts is determined as follows:

the amount of income under accumulative insurance agreements subject to taxation

minus

the amount of adjustment for the individual income tax provided for in paragraph 1 of Article 341 of this Code

minus

the amount of tax deduction in the manner and in the amount specified in paragraph 2 of Article 345 of this Code.

5. The amount of taxable income from a tax agent, also by types of income not specified in paragraphs 1, 2, 3 and 4 of this article, is determined as follows:

the amount of all income subject to taxation at the source of payment not specified in paragraphs 1, 2, 3 and 4 of this article received in a current taxable period

minus

the amount of income adjustment in a current taxable period provided for by paragraph 1 of Article 341 of this Code

minus

the amount of the standard deduction specified in subparagraphs 2) and 3) of paragraph 1 of Article 346 of this Code.

6. The amount of income subject to taxation at the source of payment in foreign currency shall be recalculated in the national currency of the Republic of Kazakhstan using the market exchange rate set on the last business day before the date of income payment.

7. If the amount determined in accordance with the procedure provided for in paragraphs 1 - 5 of this article is negative, then such amount is recognized as excess of tax deductions.

The amount of excess of tax deductions is carried forward to subsequent taxable periods within a calendar year for the redemption at the expense of taxable income in these taxable periods.

Section 8 is to be supplemented with Article 353-1 in accordance with the Law of the Republic of Kazakhstan dated 10.12.2020 No. 382-VI (shall be enforced from 01.01.2021).