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

Article 390. Features of taxation of goods realizable to the territory of the special economic zone “Astana - a new city”

Footnote. Article 390 as amended by the Law of the Republic of Kazakhstan dated 03.04.2019 No. 243-VI (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 391. Features of taxation of goods sold on the territory of the special economic zone, the limits of which fully or partially coincide with the sections of the customs border of the Eurasian Economic Union

Footnote. Heading of Article as amended by the Law of the Republic of Kazakhstandated 03.04.2019 No. 243-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

1. The sale of goods to the territory of the special economic zone, the limits of which fully or partially coincide with the sections of the customs border of the Eurasian Economic Union, consumable or realizable in the activity serving the purpose of creation of such a special economic zone shall be liable to zero-rated VAT.

For the purposes of this article, the goods specified in part one of this paragraph shall be understood to mean goods (to be) placed under the customs procedure for free customs zone and under customs control.

2. Documents confirming zero-rated turnovers from the sale of goods, consumable or realizable in the activity serving the purpose of creation of the special economic zone, the limits of which fully or partially coincide with the sections of the customs border of the Eurasian Economic Union shall be as follows:

1) an agreement (contract) on (for) the delivery of goods with organizations and (or) persons operating in the territory of the special economic zone “International Center for Boundary Cooperation “Khorgos”;

2) copies of a declaration of goods and (or) transportation (carriage), commercial and (or) other documents along with the list of goods bearing marks of the customs body releasing goods under the customs procedure for free customs zone;

3) copies of shipping documents confirming the shipment of goods to organizations and (or) persons specified in subparagraph 1) of this paragraph;

4) copies of documents confirming the receipt of goods by organizations and (or) persons specified in subparagraph 1) of this paragraph.

3. Suppliers of goods, realizable to the territory of the special economic zone, the limits of which fully or partially coincide with the sections of the customs border of the Eurasian Economic Union receive the refund of overpaid VAT with regard to imported goods that were actually consumed in the activity serving the purpose of creation of special economic zones.

4. When determining the amount of VAT to be returned in accordance with this article, it is necessary to take into account the information of the customs body confirming the sale or actual consumption of imported goods in the activity serving the purpose of creation of a special economic zone, which is formed on the basis of data submitted by a special economic zone participant.

In case of a failure by a special economic zone participant to observe the conditions set forth in part one of Paragraph 1 of this Article, the goods placed under the customs procedure for free customs zone shall be recognized as taxable import and liable to VAT from the date of importation of the goods into the territory of the special economic zone, the limits of which fully or partially coincide with the sections of the customs border of the Eurasian Economic Union with the accrual of a penalty from the deadline set for the payment of VAT on imported goods, in the manner and in the amount determined by the customs legislation of the Eurasian Economic Union and (or) the customs legislation of the Republic of Kazakhstan.

Footnote. Article 391 as amended by the Law of the Republic of Kazakhstan dated 03.04.2019 No. 243-VI (shall be enforced upon expiry of ten calendar days after its first official publication).