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Article 390. Income from value gains from the sale of assets of an individual entrepreneur applying a special tax regime based on a simplified declaration or for peasant or farm farms of the Tax Code of the Republic of Kazakhstan
1. For the purposes of this article, the assets of an individual entrepreneur applying a special tax regime based on a simplified declaration or for peasant or farm holdings include the following assets, which are not reserves and claims:
1) fixed assets used in business activities;
2) objects of unfinished construction;
3) Unidentified machinery and equipment;
4) intangible assets;
5) Biological assets;
6) fixed assets, the cost of which is fully deductible in accordance with the tax legislation of the Republic of Kazakhstan in force before January 1, 2000, if such fixed assets were fixed assets in tax periods during which the individual entrepreneur carried out calculations with the budget in accordance with the generally established procedure and the asset was a fixed asset;
7) assets put into operation as part of an investment project under contracts concluded before January 1, 2009 in accordance with the legislation of the Republic of Kazakhstan in the field of entrepreneurship, the cost of which is fully deductible if the individual entrepreneur previously carried out calculations with the budget in accordance with the generally established procedure and the asset was a fixed asset.
2. When assets are sold by an individual entrepreneur applying a special tax regime based on a simplified declaration or for peasant or farm farms, the increase is determined for each asset as a positive difference between the selling price (cost) and the initial cost.
3. Unless otherwise established by this article, for the purposes of this article, the initial cost of assets of an individual entrepreneur applying a special tax regime based on a simplified declaration or for peasant or farm enterprises is the total cost of acquisition, production, construction, installation, installation, reconstruction and modernization, except for the costs (expenses) specified in subitems 1), 2), 3) and 5) Articles 286 and Article 287 of this Code.
In this case, the recognition of reconstruction and modernization is carried out in accordance with Article 278 of this Code.
4. If the asset was previously received free of charge, for the purposes of this article, the initial value of such an asset is its value included in the object of taxation of the taxpayer applying the special tax regime.
5. When selling an asset received in the form of inheritance or charitable assistance, with the exception of the case provided for in paragraph 4 of this article, the initial value is the market value of such an asset at the date of occurrence of an individual entrepreneur applying a special tax regime based on a simplified declaration or for peasant or farm holdings, ownership of this asset, as defined in the report about the assessment, conducted under an agreement between an appraiser and an individual entrepreneur in accordance with the legislation of the Republic of Kazakhstan on valuation activities.
In this case, the market value of the asset 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 such assets were sold as of the date of ownership.
6. The initial cost of the asset is zero in the following cases:
1) in the absence of the market value of the asset, determined at the date of the ownership right to it;
2) in case of non-compliance with the deadline for determining the market value established by paragraph 5 of this Article;
3) in the absence of primary documents confirming the costs provided for in paragraph 3 of this Article, with the exception of the cases specified in paragraphs 4 and 5 of this Article.;
4) for the assets specified in subitems 6) and 7) of paragraph 1 of this Article.
The Code of the Republic of Kazakhstan dated July 18, 2025 No. 214-VIII SAM.
President
Republic of Kazakhstan
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