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

Article 108-1. Features of the offset on tax liability for the share of the Republic of Kazakhstan in the production sharing in kind

1. When maintaining a personal account in kind, the amount of minerals excessively transferred by a subsoil user in kind to meet the tax obligation on the share of the Republic of Kazakhstan in the production sharing in kind is the positive difference between the volume of minerals transferred to meet the tax obligation in kind and the volume of minerals to be transferred to fulfill the tax obligation in kind, as of the date of the offset.

2. When maintaining a personal account in kind, the offset of the excessively transferred volume of minerals by the subsoil user in kind against fulfillment of the tax obligation on the share of the Republic of Kazakhstan in the production sharing in kind shall be made by the tax authority at the place of maintenance of the personal account of the subsoil user on the share of the Republic of Kazakhstan in the production sharing based on the information of such a personal account.

3. When maintaining a personal account in kind, the offset of the excessively transferred volume of minerals transferred by the subsoil user in kind against fulfillment of the tax obligation on the share of the Republic of Kazakhstan in the production sharing in kind is made by the tax authority against the unfulfilled tax obligation on the share of the Republic of Kazakhstan in the production sharing in kind without a tax application for offset by the subsoil user.

Footnote. Chapter 11 is supplemented by Article 108-1 by the Law of the Republic of Kazakhstan dated 21.12.2022 No. 165-VII (shall be enforced from 01.01.2018).

Note!

Paragraph 2 of Chapter 11 shall be enforced from 01.01.2025 by the Law of the Republic of Kazakhstan dated 25.12.2017 No. 121-VI.

Articles 112 and 113 provide for an amendment by the Law of the Republic of Kazakhstan dated 10.12.2020 No. 382-VI (effective from 01.01.2021).

Clause 2. Offset and (or) refund of excess amount of individual income tax

Chapter 12. NOTICE OF FULFILLMENT OF TAX OBLIGATIONS, OBLIGATIONS FOR CALCULATION, WITHHOLDING AND TRANSFER OF SOCIAL WELFARE PAYMENTS