Article 489. The procedure for determining the amounts of Value Added Tax allowed for offsetting by maintaining separate accounting tax code of the Republic of Kazakhstan

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 1.when determining the amount of Value Added Tax allowed for offsetting by conducting separate accounting, the value added tax payer shall keep separate accounting of the amounts of Value Added Tax on goods, works, services received used for the purposes of taxable and non-taxable turnover.

 2. when maintaining separate records, except for the cases provided for in paragraph 3 of this article:

 1) the amount of Value Added Tax allowed for offsetting is determined in the amount of Value Added Tax Offset for goods, works, services received used for the purposes of taxable turnover, taking into account adjustments;

 2) the amount of Value Added Tax that is not allowed to be offset is determined in the amount of Value Added Tax that is not offset for goods, works, services received used for the purposes of non-taxable turnover;

 3) the amount of Value Added Tax on goods, works, services received, used for the purposes of taxable and non-taxable turnover at the same time, is divided into the amount of Value Added Tax allowed for offsetting and not allowed for offsetting, which is determined by the following formulas:

 Ksir = Ksizh X A SS / A HL;

 Ksaer = Ksaer – Ksaer, where:

 VAT – the amount of Value Added Tax allowed for offsetting. This amount may have a negative value;

 FSS – the amount of Value Added Tax, which is offset taking into account the adjustment for goods, works, services used simultaneously for the purposes of taxable and non-taxable turnover. This amount may have a negative value;

 A CC – the amount of taxable turnover in the tax period. At the same time, the persons specified in Paragraph 2 of Article 487 of this Code define SS A as turnover on which separate accounting is carried out for them in accordance with this article;

 A lease is the total amount of turnover, defined as the amount of taxable and non-taxable turnover;

 VAT – the amount of Value Added Tax that is not allowed for offsetting. This amount may have a negative value.

 The amount of Value Added Tax not allowed for offsetting is taken into account in accordance with the procedure determined by Article 259 of this code.

 3. in the case of the sale of an object of construction in Progress, previously intended for sale in the form of a turnover exempt from Value Added Tax in accordance with paragraph 1 of Article 476 of this code, the value added tax allowed for offsetting on goods, works, services used in the process of construction of this object is determined in accordance with this article and in the tax period during which the sale of an object of construction in progress is carried out:

 1) when selling an object of construction in progress intended for sale in the form of circulation, previously exempt from Value Added Tax in accordance with article 476 of this code-in the amount of Value Added Tax, which is offset for the specified goods at the rate in force on the date of their purchase;

 2) when selling an object of unfinished construction, which is part of an object of unfinished construction intended for sale in the form of turnover, previously exempt from Value Added Tax, as well as subject to Value Added Tax, in accordance with article 476 of this code-in the amount of Value Added Tax corresponding to the sold part of the object of unfinished construction, it is calculated according to the formula:

 VAT Aker = VAT X Sao / Sao, where:

 VAT Aker – a Value Added Tax that is allowed to be offset on the sold part of an unfinished construction object intended for sale in the form of turnover, previously exempt from Value Added Tax, as well as subject to Value Added Tax;

 CPI – the amount of Value Added Tax for goods, works, services used for construction, taken into account separately as of the date of sale in accordance with paragraph 4 of Article 482 of this code;

 SSP – the area of the completed construction object under design and estimate documentation, which is part of the completed construction object intended for sale in the form of turnover, previously exempt from Value Added Tax, as well as subject to Value Added Tax;

 SAS – the total area of an unfinished construction object intended for sale in the form of turnover, previously exempt from Value Added Tax, as well as subject to Value Added Tax.

 4. a payer of Value Added Tax, carrying out the construction of a residential building (part of a residential building) intended for sale in the form of turnover exempt from Value Added Tax and subject to Value Added Tax, has the right to determine the amount of Value Added Tax allowed for offsetting for goods, works, services used for the construction of such a residential building (part of a residential building) in the tax period corresponding to the date of commissioning of a residential building, according to the formula:

 Where = (if-if) X Ste / St, where:

 VAT-the amount of Value Added Tax allowed for offsetting on a residential building (part of a residential building), the turnover of which is subject to Value Added Tax, taking into account the provisions of Paragraph 1 of Article 476 of this code;

 CPSA – the amount of separately accounted Value Added Tax, which is exempt from Value Added Tax, and is also credited to goods, works, services used for the construction of a residential building (part of a residential building) intended for sale in the form of turnover subject to Value Added Tax. The tax amount is determined on the date of commissioning of a residential building in accordance with the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities;

 Ksaker – Value Added Tax, which is allowed to be offset on a part of an unfinished construction object intended for sale in the form of turnover, which is previously exempt from Value Added Tax, as well as previously subject to Value Added Tax. The amount of tax is determined in the case and in accordance with the procedure provided for in paragraph 3 of this article;

 Ste – the area of non-residential premises in a residential building (part of a residential building) ;

 STG – the total area of a residential building (part of a residential building).

 At the same time, the amount of Value Added Tax not allowed for offsetting is taken into account in accordance with the procedure defined by Article 259 of this code and determined by the following formula:

 If you want to know how to do this, please contact us.:

 Ksiere – the amount of Value Added Tax that is not allowed to be offset for a residential building (part of a residential building), whose sales turnover is exempt from Value Added Tax in accordance with paragraph 1 of Article 476 of this code.

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

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Republic of Kazakhstan

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To recognize as invalid the Code of the Republic of Kazakhstan (tax code) of December 25, 2017 "on taxes and other mandatory payments to the budget" from January 1, 2026 in connection with the entry into force of the tax code of the Republic of Kazakhstan dated July 18, 2025 No. 214-VIII.

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2.payers who have structural divisions that are not obliged to calculate and pay Social tax submit to the tax authority at the location of such a structural (territorial) division an appendix to the declaration on personal income tax and social tax for calculating the amount of Social tax for such a structural (territorial) division.

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