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Article 298. Income from excess of the amount of contributions to the fund for the elimination of consequences of field development over the amount of actual expenses for the elimination of consequences of field development of the Tax Code of the Republic of Kazakhstan
If the actual expenses of the subsurface user for the elimination of the consequences of mining for the entire period of the contract for subsurface use, incurred at the expense of the fund for the elimination of the consequences of mining, formed for the entire period of the contract for subsurface use, are lower than the deductions made to the specified fund, the difference is subject to inclusion in the total annual income of the tax period in which the contract for subsurface use.
In this case, the amount of such difference to be included in the total annual income is reduced by the amount of adjustments to the total annual income made by the subsurface user during the term of the subsurface use contract in accordance with Article 301 of this Code in connection with the misuse of the funds of the liquidation fund by the subsurface user.
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 298. Application for participation (control) in a controlled foreign company of the Tax Code and Other Mandatory Payments to the Budget (Tax Code) of the Republic of Kazakhstan
1. A resident must submit an application for participation (control) in a controlled foreign company no later than March 31 of the year following the reporting tax period.
An application for participation (control) in a controlled foreign company is submitted to the tax authority as of December 31 of the reporting tax period in the form established by the authorized body.
The provisions of this paragraph shall not apply to residents who meet the requirements of subparagraph 1) of paragraph 1 of Article 296 of this Code.
2. A resident submits an application for participation (control) in a controlled foreign company to the tax authority at the place of residence or location.
3. In case of detection of incompleteness of information, inaccuracies or errors in filling out the submitted application for participation (control) in a controlled foreign company, the resident has the right to submit an adjusted application taking into account the updated information.
4. If the tax authority has information, including information received from a competent or authorized body of a foreign state within the framework of the exchange of information for tax purposes in accordance with an international agreement to which the Republic of Kazakhstan is a party, indicating that the resident owns, directly or indirectly, or constructively, shares of participation or direct or indirect, or constructive control in a controlled foreign company, and in the case of, if such a resident has not submitted, in accordance with this article, an application for participation (control) in a controlled foreign company within the prescribed time, the tax authority shall send such a resident taxpayer a notification on the elimination of violations of the tax legislation of the Republic of Kazakhstan, which should reflect the following information:
1) the name or surname, first name, patronymic (if it is indicated in the identity document) of the resident to whom the notification is sent;
2) the name of a controlled foreign company or a permanent establishment of a controlled foreign company, in respect of which or which the tax authority has information indicating that a resident owns, directly or indirectly, or constructively, shares of participation or has direct or indirect, or constructive control in a controlled foreign company;
3) the numbers of the state and (or) tax registration of a controlled foreign company or a permanent establishment of a controlled foreign company (if there is a tax registration);
4) a description of the grounds available to the tax authorities for recognizing a resident's ownership or control in a controlled foreign company;
5) the requirement to submit an application for participation (control) in a controlled foreign company;
6) the requirement to submit a corporate or individual income tax return with a tax liability reflected in it in accordance with Article 297 of this Code.
5. In case of agreement with the violations indicated in the notification of elimination of violations of the tax legislation of the Republic of Kazakhstan, the resident submits to the relevant tax authority an application for participation (control) in a controlled foreign company no later than thirty working days following the day of receipt of the notification of elimination of violations of the tax legislation of the Republic of Kazakhstan, a tax return regarding the inclusion of a tax liability, arising in accordance with Article 297 of this Code, for the period of ownership, directly or indirectly, or constructively by shares of participation or the presence of direct or indirect, or constructive control in a controlled foreign company.
6. In case of disagreement with the violations indicated in the notification, the resident submits one of the following documents::
1) an explanation of the identified violations in writing on paper or in the form of an electronic document – to the tax authority that sent a notification on the elimination of violations of the tax legislation of the Republic of Kazakhstan.;
2) a complaint against the actions (inaction) of officials of the tax authority that sent a notification on the elimination of violations of the tax legislation of the Republic of Kazakhstan to the authorized body or court.
At the same time, the resident is obliged, along with explanations, to submit documents indicating that the resident does not own, directly or indirectly, or constructively, shares of participation, or that the resident does not have direct or indirect, or constructive control in a controlled foreign company.
7. The tax authority is obliged to review the explanations and supporting documents submitted by the resident.
8. A resident taxpayer is recognized as directly or indirectly, or constructively owning shares of participation or having direct or indirect, or constructive control in a controlled foreign company if one of the following conditions is met:
in the absence of a complaint about the actions (inaction) of the officials of the tax authority that sent the notification, and the failure of the taxpayer to comply with the notification;
in the absence of grounds refuting the information specified in paragraph 4 of this Article that a resident owns, directly or indirectly, or constructively, shares of participation, or has direct or indirect, or constructive control in a controlled foreign company, based on the results of consideration of the explanations and supporting documents of the resident taxpayer, available and (or) available from the tax authority.
In the case of recognition in accordance with this chapter of a resident as directly or indirectly, or constructively owning shares of participation, or recognition of a resident's direct or indirect, or constructive control in a controlled foreign company, the provisions of this chapter shall apply to such resident. At the same time, the tax authority sends to such a resident taxpayer a decision on recognizing him as directly or indirectly, or constructively owning shares of participation or having direct or indirect, or constructive control in a controlled foreign company no later than three working days from the date of the decision on such recognition.
9. A resident taxpayer who is recognized as directly or indirectly, or constructively owning shares of participation or having direct or indirect, or constructive control in a controlled foreign company, has the right to appeal this decision to the authorized body within no later than fifteen working days from the date of receipt of such decision.
10. The provisions of paragraph 8 of this article shall also apply to cases that simultaneously meet the following conditions::
1) if a resident receives one of the following types of refusal to satisfy a complaint:
by the court;
by a higher tax authority;
authorized body;
2) if the taxpayer fails to comply with the notification on the elimination of violations of the tax legislation of the Republic of Kazakhstan or the decision of the tax authority to recognize the resident taxpayer as directly or indirectly, or constructively owning shares of participation or having direct or indirect, or constructive control in a controlled foreign company.
11. The provisions of paragraphs 4-10 of this article also apply to cases when a resident submits an application for participation (control) in a controlled foreign company in a timely manner, in the absence of information about one or more controlled foreign companies.
The footnote. Article 298 as amended by the Law of the Republic of Kazakhstan dated 10.12.2020 No. 382-VI (effective from 01.01.2020).
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