Article 286. Conditions for granting investment preferences of the Entrepreneurial Code of the Republic of Kazakhstan

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Article 286. Conditions for granting investment preferences of the Entrepreneurial Code of the Republic of Kazakhstan - Excluded by the Law of the Republic of Kazakhstan dated July 18, 2025 No. 215-VIII SAM

1. Investment preferences are provided:

1) for an investment project, an investment priority project – a legal entity of the Republic of Kazakhstan;

2) for a special investment project – a legal entity of the Republic of Kazakhstan operating as a participant in a special economic zone or owner of a free warehouse, manufacturers of vehicles and (or) their components, as well as agricultural machinery and (or) its components – if there is a corresponding agreement on industrial assembly.;

3) for an investment project – a legal entity that has concluded an investment agreement.

2. Excluded by the Law of the Republic of Kazakhstan dated 06/29/2020 No. 352-VI (effective ten calendar days after the date of its first official publication). 3. Excluded by the Law of the Republic of Kazakhstan dated December 25, 2017 No. 122-VI (effective from 01.01.2018).

4. Investment preferences are provided when a legal entity implements an investment project in accordance with subparagraph 1) paragraph 1 of this Article on the types of activities included in the list of priority activities approved by the Government of the Republic of Kazakhstan.

Priority activities are determined in accordance with the general classification of economic activities approved by the authorized body in the field of technical regulation.

The following types of activities should not be included in the list of priority activities identified for the implementation of investment priority projects:

1) gambling business activities;

2) activities in the field of subsurface use, with the exception of coalbed methane extraction;

3) activities related to the production of excisable goods, with the exception of the production of petrochemical products, production, assembly (assembly) of excisable goods provided for in subparagraphs 5) and 6) of the first part of Article 462 of the Code of the Republic of Kazakhstan "On Taxes and other mandatory payments to the Budget" (Tax Code).

The list of priority activities, including the list of priority activities identified for the implementation of investment priority projects, may be reviewed no more than twice a year.

5. Investment preferences for an investment priority project are provided subject to the following conditions:

1) the recipient is a legal entity of the Republic of Kazakhstan;

2) a legal entity invests in the amount of at least two million times (for the creation of new production facilities) or five million times (for the expansion and (or) renovation of existing production facilities) the monthly calculation index established by the law on the republican budget and effective on the date of filing an application for investment preferences.

When creating new investment facilities in the food and light industry, the amount of a legal entity's investment is at least one million times the monthly calculation index established by the law on the republican budget and effective on the date of filing an application for investment preferences.;

When creating facilities capable of meeting the needs of tourists in priority tourist areas, the amount of investment of a legal entity is at least two hundred thousand times the monthly calculation index established by the law on the republican budget and effective on the date of application for investment preferences.;

3) excluded by the Law of the Republic of Kazakhstan dated 06/29/2020 No. 352-VI (effective ten calendar days after the date of its first official publication);

4) a legal entity is not:

an autonomous educational organization in accordance with the tax legislation of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan on education;

an organization operating on the territory of a special economic zone in accordance with the tax legislation of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan on special economic and industrial zones;

5) the share of the state and (or) a quasi–public sector entity - a legal entity of the Republic of Kazakhstan as a founder and (or) participant (shareholder) of a legal entity of the Republic of Kazakhstan does not exceed twenty-six percent, with the exception of a legal entity of the Republic of Kazakhstan in the engineering industry, including the production of foundry products;

the share of the state and (or) a quasi–public sector entity - a legal entity of the Republic of Kazakhstan as a founder and (or) participant (shareholder) of a legal entity of the Republic of Kazakhstan in the engineering industry, including the production of foundry products, does not exceed fifty percent.

The participation of the state and (or) a quasi–public sector entity - a legal entity of the Republic of Kazakhstan as a founder and (or) participant (shareholder) of a legal entity of the Republic of Kazakhstan is no more than five years from the date of registration of the investment contract, with the exception of investment priority projects in the engineering industry, including the production of foundry products, where the participation of the state and (or) a quasi -public sector entity – a legal entity of the Republic of Kazakhstan as a founder and (or) participant (shareholder) of a legal entity of the Republic of Kazakhstan is not more than twenty years from the date of registration of the investment contract. Within five years, the state and (or) a quasi-public sector entity are required to withdraw from the membership of the founders and (or) participants (shareholders) of a legal entity of the Republic of Kazakhstan. In case of non-fulfillment of this condition, the application of investment preferences is suspended until his (their) complete withdrawal from the membership of the founders and (or) participants (shareholders) of the legal entity of the Republic of Kazakhstan, but not more than one year.

Failure to comply with the terms of withdrawal from the membership of the founders and (or) participants (shareholders) of a legal entity of the Republic of Kazakhstan during the suspension period entails early termination of the investment contract and the return of previously granted investment preferences.

The provisions of this subparagraph shall not apply if a quasi-public sector entity, in which the share of the state and (or) a quasi-public sector entity as a founder and (or) participant (shareholder) of a legal entity of the Republic of Kazakhstan is less than fifty percent, carries out its activities as part of the implementation of an investment priority project for the extraction of coalbed methane;

6) excluded by the Law of the Republic of Kazakhstan dated 06/29/2020 No. 352-VI (effective ten calendar days after the date of its first official publication);

 7) the investment activity is not carried out within the framework of a public-private partnership agreement.

5-1. For the purposes of applying investment preferences for a special investment project in accordance with subparagraph 2) paragraph 1 of this Article, a legal entity of the Republic of Kazakhstan must meet one of the following conditions:

1) a legal entity of the Republic of Kazakhstan is registered as a participant in a special economic zone in accordance with the legislation of the Republic of Kazakhstan on special economic and industrial zones;

2) a legal entity of the Republic of Kazakhstan is registered as the owner of a free warehouse in accordance with the customs legislation of the Republic of Kazakhstan;

3) a legal entity of the Republic of Kazakhstan has concluded an agreement on the industrial assembly of motor vehicles.

4) excluded by the Law of the Republic of Kazakhstan dated 06/29/2020 No. 352-VI (effective ten calendar days after the date of its first official publication).

6. The term of application of investment preferences is established by this Code and other legislative acts of the Republic of Kazakhstan and is specified in the investment contract for each type of investment preferences.

7. Investment preferences are granted to an investor subject to the submission of documents provided for in Article 292 of this Code confirming the investor's compliance with the requirements.

8. The application of investment preferences is carried out in accordance with this Code and other legislative acts of the Republic of Kazakhstan.

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Republic of Kazakhstan

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