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

Article 65. Fulfillment of tax obligation of an individual entrepreneur, a person engaged in private practice, upon termination of activities

Footnote. The heading of Article 65 as amended by the Law of the Republic of Kazakhstan dated 10.12.2020 No. 382-VI (effective from 01.01.2021).

1. Within a month from the date of the decision to terminate the activity, an individual entrepreneur or a person engaged in private practice shall simultaneously submit to the tax authority at the place of its location:

1) a tax application for a tax audit;

2) liquidation tax reporting.

2. Liquidation tax reporting shall be compiled by types of taxes, payments to the budget and social payments, on which an individual entrepreneur or a person engaged in private practice, terminating activity, is a payer and (or) a tax agent, for the time from the tax period commencement in which tax application for a tax audit was filed, before the date of filing such an application.

In the event that next scheduled tax returns are due for filing after liquidation tax returns, such next scheduled tax returns shall be filed on or before the date of filing liquidation tax returns.

3. Payment of taxes, payments to the budget and social payments, reflected in the liquidation tax reporting, shall be made by an individual entrepreneur or a person engaged in private practice, terminating activities, no later than ten calendar days from the date of submitting the liquidation tax reporting to the tax authority.

In the event that the payment of taxes, payments to the budget and social welfare payments entered into tax returns filed before liquidation tax returns is due after the expiration of the period specified in part one of this paragraph, the payment (transfer) is made within ten calendar days from the date of filing liquidation tax returns.

4. A tax audit must be started no later than twenty working days after the receipt by the tax authority of a tax application from an individual entrepreneur or a person engaged in private practice terminating activities.

5. The tax arrears of an individual entrepreneur or a person engaged in private practice, terminating activities, shall be repaid from the money of the indicated individual entrepreneur or person engaged in private practice, including that received from the sale of his property, in the order of priority established by the laws of the Republic of Kazakhstan.

6. If an individual entrepreneur or a person engaged in private practice terminating activity has overpaid amounts of taxes, payments to the budget and penalties, then these amounts shall be offset against the tax debt of an individual entrepreneur or person engaged in private practice terminating activity, in the manner determined by Article 102 of this Code.

If an individual entrepreneur or a person engaged in private practice, terminating activities has erroneously paid amounts of taxes, payments to the budget and penalties, then these amounts shall be offset as determined by Article 103 of this Code.

7. In the absence of tax debt of an individual entrepreneur or a person engaged in private practice, terminating activities:

1) erroneously paid amounts of taxes, payments to the budget and penalties shall be refunded to this taxpayer as prescribed by Article 103 of this Code;

2) overpaid amounts of taxes, payments to the budget and penalties shall be refunded to this taxpayer in the manner prescribed by Article 101 of this Code;

3) the amounts of fines paid shall be refunded to this taxpayer in the manner prescribed by Article 106 of this Code;

4) the amounts of excessively (erroneously) paid to the budget customs duties, taxes, customs fees and fines collected by the customs authorities shall be refunded to this taxpayer in the manner determined by the customs legislation of the Republic of Kazakhstan.

8. The tax obligation of an individual entrepreneur or a person engaged in private practice who has ceased operations shall be deemed fulfilled after tax audit completion and in the absence of, or repaid tax arrears, debt on social payments, including those resulting from a tax audit, within the time frames established by Article 115 of this Code.

9. The date of deregistration from a tax authority of an individual entrepreneur or a person engaged in private practice shall be the date of fulfillment of the tax obligation in accordance with paragraph 8 of this article.

10. No later than three working days from the date of the tax obligation fulfillment in accordance with paragraph 8 of this article, the tax authority shall deregister an individual entrepreneur or a person engaged in private practice, and place information on the deregistration of such a taxpayer on the Internet resource of the authorized body.

11. The ground for refusal to deregister as an individual entrepreneur or a person engaged in private practice is the existence of tax arrears, debts on social payments not paid within the time limits established by Article 115 of this Code.

12. The provisions of this article shall not concern individual entrepreneurs or persons engaged in private practice, applying the specifics of the tax obligation fulfillment upon termination of activities in accordance with this Code.

Footnote. Article 65 as amended by the Law of the Republic of Kazakhstan dated 10.12.2020 No. 382-VI (effective from 01.01.2021).