Article 408. Income in the form of gratuitously received property from persons who are not tax agents of the Tax Code of the Republic of Kazakhstan
Income in the form of gratuitously received property from persons who are not tax agents is determined in the following amount:
1) in the amount of the value of the property determined by the contract or other document on the basis of which the property is transferred to an individual;
2) the amount of the debt or obligation forgiven (written off), determined by the document on the basis of which the forgiveness (write-off) is performed.
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 408. The procedure for determining the amounts of value-added tax allowed for offset by the proportional method of the Code on Taxes and Other Mandatory Payments to the Budget (Tax Code) of the Republic of Kazakhstan
1. According to the proportional method, the amount of value-added tax allowed for offset for the tax period is determined using the following formula:
NDSrz = NDSZACH x About the region/ About the community, where:
NDSrz is the amount of value–added tax allowed to be offset. This amount may have a negative value.;
Personal income tax is the amount of value added tax that is offset, adjusted for. This amount may have a negative value.;
About the volume – the amount of taxable turnover;
Total turnover is the total amount of turnover, defined as the sum of taxable and non–taxable turnover.
At the same time, the persons specified in paragraph 2 of Article 407 of this Code, when determining the values of the total and total, do not take into account the turnover for which separate accounting is carried out in accordance with Article 409 of this Code.
If there is no sales turnover in the tax period, the amount of value-added tax allowed to be offset is determined in the amount of the amount of value-added tax to be offset, taking into account the adjustment.
2. The value added tax, which is not allowed to be offset, for the tax period is determined according to the following formula:
NDSnz = NDSZACH – NDSrz, where:
Personal income tax is the amount of value added tax that is not allowed to be offset. This amount may have a negative value.;
Personal income tax is the amount of value added tax that is offset, adjusted for. This amount may have a negative value.;
NDSrz is the amount of value added tax allowed for offset, determined in accordance with paragraph 1 of this Article. This amount may have a negative value.
The amount of value-added tax that is not allowed to be offset, including its negative value, is taken into account in accordance with the procedure established by paragraph 9 of Article 243 of this Code.
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