Article 413. Offset of the amounts of income taxes paid outside the Republic of Kazakhstan or other foreign taxes similar to the individual income tax of the 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 346 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 399 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 335 of this Code;

    Se is the effective rate calculated in accordance with Article 332 of this Code.

    The provisions of this paragraph shall apply in the case of payment 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 at an effective rate of less than 10 percent in the States in which they are registered:  

    1) a controlled foreign company or a permanent establishment of a controlled foreign company;

    2) a controlled foreign company that has established a permanent establishment;  

    3) a controlled person through whom a resident indirectly owns shares (voting shares) or has indirect control in a controlled foreign company.

    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 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 controlled foreign company or financial profit 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 346 of this Code.  

The Code of the Republic of Kazakhstan dated July 18, 2025 No. 214-VIII SAM.

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases 

__________________________

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 413. Deadlines for issuing invoices of the Code on Taxes and Other Mandatory Payments to the Budget (Tax Code) of the Republic of Kazakhstan

     1. An invoice is issued:

     1) when selling electric and (or) thermal energy, water, gas, utilities, communication services, railway transportation services, passenger, baggage and cargo transportation services by air, services under a freight forwarding agreement, services of a wagon (container) operator, services for cargo transportation through the system main pipelines, with the exception of main gas pipelines, system services provided by a system operator, credit (loan, micro-loan) services subject to value added tax on banking operations, and also when selling goods, works, and services under contracts concluded for a period of one year or more to the persons specified in paragraph 1 of Article 436 of this Code – based on the results of the month in which the goods were delivered, services were rendered, no later than the 20th day of the month following the month for which such goods, services have a turnover date for the sale;

     2) in case of export of goods placed under the customs procedure of export, an invoice is issued no later than twenty calendar days after the date of the turnover for sale;

     3) when transferring property to financial leasing in terms of the accrued amount of remuneration – based on the results of the calendar quarter no later than the 20th day of the month following the quarter following which the invoice is issued.;

     3-1) when selling goods on the basis of documents of title confirming the provision of identified goods at the disposal of the buyer, no later than the 20th day of the month following the month in which the date of turnover for such goods falls on the sale;

     4) in all other cases – not earlier than the date of the sale turnover and not later than fifteen calendar days after such date.

     2. In order to comply with the requirements of paragraph 14 of Article 412 of this Code, an invoice statement is made on or within one hundred and ninety-five calendar days after the date of the turnover.

     3. The corrected invoice is issued if it is necessary to make changes and additions to the previously issued invoice.

     4. The time limits for issuing an additional invoice are established by Article 420 of this Code.  

     In case of non-compliance with the requirements of Article 197 of this Code, an additional invoice shall be issued by the lessor no later than fifteen calendar days from the date of occurrence of such a case.

     The footnote. Article 413 as amended by the Laws of the Republic of Kazakhstan dated 04/02/2019 No. 241-VI (effective from 01.01.2019); dated 12/21/2022 No. 165-VII (effective from 01.01.2023).  

On taxes and other mandatory payments to the budget (Tax Code) On Customs Regulation On Subsoil and Subsurface Use Administrative Procedural and Procedural On the Health of the People and the Healthcare System Ecological Social Commentary Article Civil Procedural Civil Code of Criminal Procedure Criminal Regulatory Decision of the Supreme Court