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

Article 763. Taxable period

1. For the excess profit tax, a taxable period is a calendar year from January 1 through December 31.

2. If a subsoil use contract was concluded within a calendar year, the first taxable period for calculating the excess profits tax under such a contract is a time period running from the date the subsoil use contract enters into force until the end of the calendar year.

3. If a subsoil use contract expires before the end of a calendar year, the last taxable period for calculating the excess profits tax under such a contract is a time period running from the start of the calendar year until the day of expiration of validity of the subsoil use contract.

4. If the validity of a subsoil use contract, which entered into force after the start of a calendar year, expired before the end of this calendar year, a taxable period for calculating the excess profits tax under such a contract is a time period running from the day the subsoil use contract enters into force until the day of expiration of validity of the subsoil use contract.
Article 764. Deadline for tax payment

The excess profits tax shall be paid to the state budget at the location of the taxpayer within ten calendar days of the deadline set for the submission of the declaration.
Article 765. Tax declaration

A taxpayer submits the excess profits tax declaration to the tax authority at its location on or before March 31 of a year following a reporting taxable period.
Chapter 87. ALTERNATIVE SUBSOIL USE TAX
Article 766. General provisions

1. Unless otherwise established by paragraph 4 of this article, an alternative tax on subsoil use may be applied instead of a payment for reimbursement of historical costs, a mineral extraction tax, an excess profit tax, by legal entities - subsoil users that have concluded in accordance with the legislation of the Republic of Kazakhstan on subsoil and subsoil use:

1) a contract for production and (or) combined exploration and production of hydrocarbons on a subsoil site (sites) completely located (situated) in Kazakhstan’s sector of the Caspian Sea;

2) a contract for the extraction and (or) exploration and production of hydrocarbons on subsoil site (sites) with a depth of the upper point of hydrocarbon deposits indicated in the mining allotment or a contract for the extraction or exploration and production of hydrocarbons in the absence of a mining allotment, not higher than 4500 meters and the lower points of hydrocarbon deposits specified in the mining allotment or contract for the production or exploration and production of hydrocarbons in the absence of a mining allotment, 5000 meters and below.

This right shall apply from the date of conclusion of these subsoil use contracts until the expiration date of the relevant subsoil use contract and shall not be subject to change.

A notice of the application of this right shall be sent by the taxpayer to the tax authority at the location no later than thirty calendar days from the date of registration of the relevant subsoil use contract.

2. The right to apply from January 1, 2018, an alternative procedure for fulfilling the tax obligation for special payments and taxes of subsoil users under the contracts specified in paragraph 1 of this Article, concluded before January 1, 2018, shall be made for the entire remaining period of the subsoil use contract and shall not be subject to change, on which the taxpayer shall send a notification to the tax authority at the location no later than March 1, 2018.

3. In case of failure to submit the notifications provided for in paragraphs 1 and 2 of this Article within the established time limits, the fulfilment of the tax obligation to pay for the reimbursement of historical costs, the tax on the extraction of minerals and the tax on excess profits shall be carried out in the manner determined by Chapters 84, 85 and 86 of this Code.

4. An alternative subsoil use tax is applied instead of a payment for reimbursement of historical costs, a mineral extraction tax, an excess profit tax, by legal entities - subsoil users who have concluded a contract for the exploration and production or production of hydrocarbons on complex projects in accordance with the legislation of the Republic of Kazakhstan on subsoil and subsoil use, by virtue of the relevant contract from the date of its registration. These subsoil users do not send the notification specified in paragraph 1 of this article.

At the same time, for the purposes of this chapter, a contract for the exploration and production or production of hydrocarbons on complex projects shall also be recognized as a contract for the exploration and production or production of hydrocarbons, as amended in accordance with the standard contract for the exploration and production or production of hydrocarbons on complex projects in accordance with legislation of the Republic of Kazakhstan on subsoil and subsoil use. In this case, the provisions of part one of this paragraph shall apply from the registration date of the amendment to the previously concluded subsoil use contract.

Footnote. Article 766 as amended by the Law of the Republic of Kazakhstan dated 10.12.2020 No. 382-VI (shall come into effect from 01.01.2021); as amended by the Law of the Republic of Kazakhstan dated 21.12.2022 No. 165-VII (shall be enforced from 01.01.2023).