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Article 426. Income of an employee from an employer – tax agent of the Tax Code of the Republic of Kazakhstan
The employee's income, which is subject to withholding tax, is determined in the amount of the employee's income accrued by the employer, who is a tax agent.:
1) recognized in the employer's accounting records as expenses (expenses) in accordance with the legislation of the Republic of Kazakhstan on accounting and financial reporting, if the employer has an accounting obligation.;
2) equal to the amount to be received by the employee, including all amounts to be withheld in accordance with the legislation of the Republic of Kazakhstan and (or) by orders and instructions of the employer, in the absence of the employer's obligation to maintain accounting records.
The Code of the Republic of Kazakhstan dated July 18, 2025 No. 214-VIII SAM.
President
Republic of Kazakhstan
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From January 1, 2026, to invalidate the Code of the Republic of Kazakhstan dated December 25, 2017 "On Taxes and Other Mandatory payments to the Budget" (Tax Code) in connection with the entry into force of the Tax Code dated July 18, 2025 No. 214-VIII SAM.
Article 426. Specifics of the fulfillment of the value-added tax obligation by subsurface users operating under a production sharing agreement (contract) as part of a simple partnership (consortium) The Code on Taxes and Other Mandatory Payments to the Budget (Tax Code) of the Republic of Kazakhstan
1. The tax obligation to prepare and submit value-added tax forms within the framework of activities under a production sharing agreement (contract) must be fulfilled in one of the following ways::
each participant of a simple partnership in terms of the share of value-added tax attributable to the specified participant;
the operator summarizes the activities carried out under the production sharing agreement (contract), if the terms of the production sharing agreement (contract) authorize the operator to fulfill such a tax obligation.
2. When fulfilling the tax obligation to prepare and submit value-added tax forms by each participant of a simple partnership (consortium):
invoices for the sale (purchase) of goods, works, and services are issued in accordance with the requirements of Article 417 of this Code.;
The value added tax declaration and the registers of invoices, which are attached to the declaration, are submitted by each participant of a simple partnership (consortium) in the part attributable to such participant.;
the calculated, accrued (reduced), transferred and paid (including credited and refunded) amounts of value-added tax are reflected in the personal account of each participant of a simple partnership in the part attributable to the share of the specified person.;
The refund of the excess value added tax is made to the participant of a simple partnership (consortium) who submitted the declaration.;
The procedure for tax administration, including the delivery of an order, notification and tax audit report, is applied to each participant of a simple partnership (consortium) in accordance with the procedure established by this Code.
3. When fulfilling the tax obligation to compile and submit value-added tax forms by the operator, the activities carried out under the production sharing agreement (contract) are summarized:
invoices for the sale (purchase) of goods, works, and services are issued in accordance with the generally established procedure in accordance with the requirements of Article 412 of this Code, indicating the operator's details.;
The value added tax declaration and the registers of invoices, which are attached to the declaration, are presented by the operator summarizing the activities carried out under the production sharing agreement (contract).;
The calculated, accrued (reduced), transferred and paid (including credited and refunded) amounts of value added tax are reflected in the operator's personal account.;
The amount of excess value added tax is refunded to the operator;
the tax administration procedure, including the delivery of an order, notification and tax audit report, is applied to the operator in accordance with the procedure provided for by this Code for taxpayers (tax agents), and these documents are considered to have been handed over to each participant of a simple partnership (consortium) as a taxpayer under a production sharing agreement (contract).
4. The chosen method of fulfilling the tax obligation to prepare and submit value-added tax forms in accordance with this article must be reflected in the tax accounting policy and remain unchanged until the expiration of the period of validity of the production sharing agreement (contract).
RCPI's note! Article 427 is valid until 01.01.2025 in accordance with the Law of the Republic of Kazakhstan dated 25.12.2017 No. 121-VI.
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