Article 7-2. Basic reporting of the Transfer Pricing Act

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1. The main financial statements for the financial year under review are submitted by the participant of the international group to the authorized body upon his request.

The main financial statements for the reporting financial year are submitted by the participant of the international group to the authorized body within thirty calendar days from the date of receipt by the participant of the international group of the request for such reporting. The main financial statements may be requested from a member of an international group by an authorized body no earlier than twelve months after the end of the relevant financial year.

In this case, the obligation to submit the main reports is considered fulfilled if a member of the international group submits a notarized copy of the main reports of the parent company of the international group, which is a non-resident, or an authorized member of the international group (if the parent company of the international group has granted such a member of the international group the authority to submit the main reports), containing information similar to the information on Basic reporting, the requirements for the preparation of which are established by the legislation of the Republic of Kazakhstan on transfer pricing. If the main financial statements are submitted electronically by the parent company of the international group or an authorized participant of the international group to the competent authority of a foreign State, notarization of a copy of such statements is not required.

2. Unless otherwise specified in paragraph 3 of this article, the obligation to submit basic reports at the request of the authorized body applies to the following members of the international group:

1) the parent company of the international group, which is a resident of the Republic of Kazakhstan;

2) an authorized member of the international group (if the main reporting is to be submitted by an authorized member of the international group);

3) a resident who is a member of an international group and is not the parent company of an international group or an authorized member of an international group;

4) a non-resident who is a member of an international group and carries out business activities in the Republic of Kazakhstan through a structural subdivision, permanent establishment, if the parent company of the international group or an authorized participant of the international group (if the main reporting is subject to submission by an authorized participant of the international group) is not a resident of the Republic of Kazakhstan.

If the main reporting is submitted by an authorized participant of the international group on behalf of the person specified in subparagraph 3) or 4) of this paragraph, or by the parent company of the international group, of which the person specified in subparagraph 3) or 4) of this paragraph is a participant, in accordance with the procedure determined by the authorized body, the obligation of the person specified in subparagraph 3) or 4) of this paragraph, upon submission of the main reporting at the request of the authorized body, it is considered fulfilled.

3. The provisions of this article shall apply to a member of an international group who simultaneously meets the following conditions:

1) in the reporting financial year, a participant in an international group made transactions specified in Article 3 of this Law.;

2) the amount of revenue from the consolidated financial statements of the international group for the financial year immediately preceding the reporting financial year for which the main financial statements are submitted is at least:

equivalent to 750 million euros using the arithmetic average market exchange rate determined in accordance with the tax legislation of the Republic of Kazakhstan for the relevant financial year, if the parent company of the international group is a resident of the Republic of Kazakhstan.;

established by the legislation of a foreign state in which the parent company of an international group or an authorized member of an international group is a resident (if the parent company of an international group has granted such a member of an international group the authority to submit intercountry reports), for the obligation to submit intercountry reports to the competent authority of such State, – if the parent company of an international group or an authorized participant of an international group is a non-resident of the Republic of Kazakhstan, and if there is legislation in such a foreign country on the submission of cross-country reporting.

The Law of the Republic of Kazakhstan dated July 5, 2008 No. 67-IV.

President

Republic of Kazakhstan

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