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Article 359. Tax declaration of the Tax Code of the Republic of Kazakhstan
1. Legal entities that are residents of the Republic of Kazakhstan and non–resident legal entities that operate in the Republic of Kazakhstan through a permanent establishment and pay corporate income tax shall submit a corporate income tax declaration to the tax authority at their location no later than March 31 of the year following the reporting tax period, unless otherwise specified in this article.
2. The corporate income tax declaration consists of a declaration and appendices to it on disclosure of information about taxable objects and (or) objects related to taxation.
3. A legal entity applying a special tax regime based on a simplified declaration does not submit a corporate income tax declaration on income taxed under the said regime in accordance with Section 16 of this Code.
4. If there are no approved financial statements as of the date of filing the corporate income tax return, the total profits of controlled foreign companies or permanent establishments of controlled foreign companies are calculated in an additional corporate income tax declaration submitted within sixty business days following the day of approval of the financial statements, but no later than March 31 of the second year, following the reporting tax period, subject to the provisions of Chapter 9 of this Code.
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 359. Offset of foreign tax Code on Taxes and Other Mandatory Payments to the Budget (Tax Code) of the Republic of Kazakhstan
1. The amounts of income taxes paid outside the Republic of Kazakhstan or other foreign taxes similar to individual income tax (hereinafter referred to as foreign income tax for the purposes of this article) on income received by a resident individual from sources outside the Republic of Kazakhstan are subject to offset against the payment of individual income tax in the Republic of Kazakhstan in accordance with the procedure established by the Legislation of the Republic of Kazakhstan. Article 303 of this Code, within the limits of the individual income tax rate, if there is a document confirming the payment of such foreign income tax.
2. The amount of foreign income tax on the financial profits of a controlled foreign company or the financial profits of a permanent establishment of a controlled foreign company, calculated according to the following formula, is offset against the payment of individual income tax in the Republic of Kazakhstan.:
Nc = N x D x Se/100%, where:
Nc – the amount of foreign income tax to be offset;
N is the positive amount of financial profit of a controlled foreign company or the positive amount of financial profit of a permanent establishment of a controlled foreign company included in the annual income of a resident individual in accordance with Article 340 of this Code.;
D is the coefficient of direct or indirect, or constructive participation, or direct or indirect, or constructive control of a resident in a controlled foreign company, determined in accordance with Article 297 of this Code;
Se is the effective rate calculated in accordance with subparagraph 12) of paragraph 4 of Article 294 of this Code, excluding income tax, including withheld at the source of payment in the Republic of Kazakhstan from income specified in subparagraphs 1) – 10) of paragraph 3 of Article 340 of this Code.
The provisions of this paragraph do not apply to a controlled foreign company and (or) a permanent establishment of a controlled foreign company that are registered in countries with preferential taxation and (or) when calculating the total profit of a controlled foreign company and (or) a permanent establishment of a controlled foreign company, a resident uses a formula with a share of passive income in the current tax period.
If the financial profit of a controlled foreign company or the financial profit of a permanent establishment of a controlled foreign company has been subject to foreign income tax in two or more foreign countries, then only that foreign income tax whose effective rate is the maximum of the effective rates of foreign income tax paid in such foreign countries is taken into account. The provisions of this paragraph shall apply:
1) in case of indirect ownership of participation shares (voting shares) or indirect control in a controlled foreign company and payment of foreign income tax in two or more foreign countries (in which the controlled person(s) are registered (registered), through which such indirect ownership or such indirect control is carried out) from financial profits of a controlled foreign company or the financial profits of a permanent establishment of a controlled foreign company, or
2) upon direct ownership of shares (voting shares) or direct control in a controlled foreign company and payment of foreign income tax on the financial profits of a permanent establishment of a controlled foreign company in foreign countries in which they are registered:
permanent establishment of a controlled foreign company;
a controlled foreign company that has established a permanent establishment.
In the case of a resident's ownership, directly and indirectly or directly and constructively, of shares (voting shares) or the resident's direct and indirect or direct and constructive control in a controlled foreign company, the amount of foreign income tax on the financial profits of a controlled foreign company or the financial profits of a permanent establishment of a controlled foreign company to be offset in accordance with this by item, It is calculated separately for each direct and indirect ownership or direct and constructive ownership of participation shares (voting shares) or direct and indirect control or direct and constructive control in a controlled foreign company. In this case, the amount of such foreign income tax calculated separately for direct and indirect ownership or direct and constructive ownership of participation shares (voting shares) or direct and indirect control or direct and constructive control in a controlled foreign company is subject to offset in accordance with this paragraph.
In order to apply this paragraph, a resident must have the documents specified in part five of paragraph 4 of Article 303 of this Code.
Note from <url>! Article 360 is amended by the Law of the Republic of Kazakhstan dated 20.12.2021 No. 85-VII (effective from 01.01.2022).
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