Article 383. Income from the increase in value of immovable property of the Tax Code of the Republic of Kazakhstan

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 1. Income from the increase in value of immovable property arises from the sale or transfer of the following immovable property as a contribution to the authorized capital of a legal entity:

 1) dwellings, country buildings, garages, parking spaces, storerooms, personal subsidiary facilities located in the Republic of Kazakhstan – if they have been owned for less than two years from the date of registration of ownership;

 2) land plots and (or) land shares in the Republic of Kazakhstan, the purpose of which, from the date of ownership to the date of sale, are individual housing construction, suburban construction, personal housekeeping, garage, parking spaces, if they are owned for less than two years from the date of registration of ownership;

 3) other immovable property located in the Republic of Kazakhstan, except as specified in paragraphs 5 and 6 of Article 382 of this Code, regardless of the period of its ownership;

 4) immovable property located outside the Republic of Kazakhstan, for which rights and (or) transactions are subject to state or other registration with the competent authority of a foreign state in accordance with the legislation of a foreign state, or located outside the Republic of Kazakhstan, subject to state or other registration with the competent authority of a foreign state in accordance with the legislation of a foreign state – regardless of the duration of its ownership.

 For the purposes of this article, air and sea vessels, inland waterway vessels, river-sea navigation vessels, space objects, and main pipelines do not apply to immovable property.

 For the property specified in subitems 1) and 2) of this paragraph, which is jointly owned by the spouses, the period of ownership is determined from the date of registration of the spouses' right of joint ownership of such property until the date of its sale (transfer) in the following cases:

 donations in case of divorce;

 inheritance of rights by one of the spouses.

 2. The income from the increase in the value of real estate is:

 1) upon sale, there is a positive difference between the sale price (cost) and its initial cost;

 2) when transferring property as a contribution to the authorized capital, a positive difference between the value at which it was transferred as a contribution to the authorized capital, but not more than the amount for which such property was transferred, and its initial value. At the same time, the value of the property for which it is transferred as a contribution to the authorized capital is determined on the basis of a document confirming the acceptance and transfer of such property.

 3. Unless otherwise specified in paragraphs 4-6 of this article, the initial value of an immovable property object is a documented:

 1) the price (cost) of purchasing this object;

 2) the price (cost) of acquiring an object (objects) of immovable property that is sold (transferred) after a change in its functional and (or) intended purpose in the period from the date of acquisition to the date of its sale (transfer).

 4. In the following cases of sale, transfer to the authorized capital, the initial value of the immovable property is:

 1) the price (cost) of acquiring a land plot for the construction of a building (part of it) – in the case of sale (transfer) by an individual who is not an individual entrepreneur of the building (part of it) built by him;

 2) the market value of the property at the date of the ownership right – in case of sale (transfer) by an individual of an individual residential house built by him on the territory of the Republic of Kazakhstan;

 3) the value determined in tenge for calculating the fee for the legalization of realizable property – in cases of sale (transfer) of property legalized in accordance with the procedure established by the laws of the Republic of Kazakhstan "On Amnesty in connection with the legalization of property" and "On amnesty of citizens of the Republic of Kazakhstan, oralmans and persons with a residence permit in the Republic of Kazakhstan, in connection with their legalization of property", by the person who legalized it, for which there is no purchase price (cost) and the obligation to pay the legalization fee has been fulfilled;

 4) estimated and (or) cadastral value – in other cases when an individual does not have documented information about the purchase price (cost) of the acquired property in the Republic of Kazakhstan.;

 5) the price of the agreement on equity participation in housing construction in the Republic of Kazakhstan – in case of sale (transfer) of immovable property acquired through equity participation in housing construction;

 6) the value at which an individual acquired the right to claim a share in a residential building under an agreement on equity participation in housing construction in the Republic of Kazakhstan – in the case of the sale (transfer) of immovable property acquired as a result of the assignment of the right to claim a share in an apartment building under an agreement on equity participation in housing construction;

 7) the value determined in accordance with paragraph 5 of this Article – in the case of the sale (transfer) of property that was received free of charge.;

 8) the value at which the property was received by the shareholder, participant, founder during the distribution of property, including in return for the previously deposited, reflected in a document confirming the acceptance and transfer of such an asset and certified by the signatures of the parties, if the assets were received by the shareholder (participant, founder) as a result of the distribution of property during the liquidation of a legal entity reduction of the authorized capital, as well as the repurchase by a legal entity from the founder, participant of a share or part of it in this legal entity, the repurchase by a legal entity – the issuer of the shares issued by this issuer;

 9) the amount of previously recognized income received from a tax agent or income received from sources outside the Republic of Kazakhstan and reflected in a business declaration or income and property declaration – in the case of receiving property as payment of such income;

 10) the amount of accounts receivable due to repayment of which immovable property has been received – in the case of receipt of immovable property due to repayment of accounts receivable that arose not in connection with income.

 5. The initial value of the property received free of charge is:

 1) the value previously included in income in the form of gratuitously received property – in the case when the value of the gratuitously received property was included in the taxable income of an individual entrepreneur or the taxable income of an individual;

 2) market value – in case of sale (transfer) of property received in the form of inheritance, charitable assistance;

 3) estimated value – in case of sale (transfer) of property that is subject to taxation on the property of individuals;

 4) cadastral (estimated) value – in case of sale (transfer) of a land plot;

 5) zero cost – in all other cases.

 The determination of the initial value of the property received free of charge is carried out sequentially in the order of the subparagraphs of this paragraph.

 6. The initial value of real estate located on the territory of a state with preferential taxation is zero.

 7. In the event that the provisions of paragraphs 3 to 6 of this article are not applicable to determine the initial value of immovable property located in the Republic of Kazakhstan, the initial value is assumed to be zero.

 8. When selling (transferring) a part of an object of immovable property, its initial value is determined in proportion to the area of such a part of the object being sold (transferred) in the total area of the object.

 9. For the purposes of this article:

 1) the market value is the market value of the property being sold (transferred) as of the date of the ownership right to it, determined in the assessment report conducted under the agreement between the appraiser and the taxpayer in accordance with the legislation of the Republic of Kazakhstan on valuation activities, unless otherwise provided by this subparagraph.

 The market value of property located outside the Republic of Kazakhstan, received in the form of inheritance, is the market value of the property being sold (transferred) as of the date of ownership of it, determined in a report or other document on the results of an assessment conducted under an agreement between an independent appraiser and a taxpayer in accordance with the legislation of the state in which such property is located. property.

 In this case, the market value must be determined by the taxpayer no later than the deadline set for submitting a declaration of income and property for the tax period in which it was sold (transferred). such property;

 2) the assessed value is the value of the property determined for the calculation of property tax by the State Corporation as of January 1 of the year in which ownership of the sold (transferred) property arose;

 3) the cadastral (estimated) value is the cadastral (estimated) value determined by the State Corporation conducting the state land cadastre on one of the latest dates.:

 the date of the ownership of the land plot;

 the last date preceding the date of ownership of the land plot.

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 383. Adjustment of the turnover amount of the Code on Taxes and Other Mandatory Payments to the Budget (Tax Code) of the Republic of Kazakhstan

1. If the amount of turnover for the sale of goods, works and services is changed in one direction or another in the cases provided for in paragraph 2 of this article, the amount of turnover is adjusted accordingly after the date of its commission.

2. Adjustments are made in the following cases::

1) full or partial return of the goods, except for the importation of goods placed under the customs procedure of reimport, previously exported with placement under the customs procedure of export;

2) changes in the terms of the transaction;

3) price changes, compensation for goods sold, works, services. The provision of this subparagraph also applies to changes in the payable value of goods, works, and services sold based on the terms of the contract, including in connection with the application of the coefficient (index);

4) discounts on prices, discounts on sales;

5) the return of containers included in the turnover for sale in accordance with subparagraph 5) of paragraph 5 of Article 372 of this Code;

6) the occurrence of other cases, as a result of which there is a change in the size of turnover.

3. The provisions of this article shall not apply in the event of a change in the amount of taxable (non-taxable) turnover as a result of error correction.

4. The amount of the taxpayer's turnover is adjusted if there are documents on the basis of which the amount of the taxable (non-taxable) turnover is changed.

5. The amount of the adjustment of the amount of taxable (non-taxable) turnover shall be included in the taxable (non-taxable) turnover of the tax period on which the date of occurrence of the cases provided for in paragraph 2 of this Article falls. This date is the date of the turnover for the amount of the adjustment.

6. The reduction in the amount of taxable (non-taxable) turnover should not exceed the amount of previously reflected taxable (non-taxable) turnover for the sale of goods, works, and services.

7. When adjusting the amount of taxable turnover in the direction of an increase, the amount of value-added tax on such turnover is determined at the rate effective on the date of occurrence of the cases provided for in paragraph 2 of this article.

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