On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Singapore on the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and the Protocol thereto

Home / RLA / On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Singapore on the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and the Protocol thereto

On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Singapore on the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and the Protocol thereto

The Law of the Republic of Kazakhstan dated May 29, 2007 No. 256

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Singapore on the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and the Protocol thereto, signed in Singapore on September 19, 2006.

President of the Republic of Kazakhstan

AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN AND THE GOVERNMENT OF THE REPUBLIC OF SINGAPORE ON THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME

(Official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan - Entered into force on August 14, 2007)

The Government of the Republic of Kazakhstan and the Government of the Republic of Singapore, wishing to conclude an Agreement on the Avoidance of Double Taxation and the Prevention of Tax Evasion with respect to taxes on Income, have agreed on the following:

Article 1 PERSONS TO WHOM THE AGREEMENT APPLIES

This Agreement applies to persons who are residents of one or both of the Contracting States.

Article 2 TAXES COVERED BY THE AGREEMENT

1. This Agreement shall apply to taxes on income imposed on behalf of a Contracting State or its administrative divisions, or central or local authorities, regardless of the method of their collection. 2. Income taxes are all types of taxes levied on the total amount of income or on individual elements of income, including taxes on income from the alienation of movable or immovable property. 3. The existing taxes to which this Agreement applies are in particular: a) in Kazakhstan: corporate income tax; individual income tax (hereinafter referred to as "Kazakhstan taxes"); b) in Singapore: income tax (hereinafter referred to as "Singapore tax"). 4. This Agreement shall also apply to any identical or substantially similar taxes that are imposed after the date of entry into force of this Agreement in addition to or in place of the existing taxes. The competent authorities of the Contracting States will notify each other of any significant changes that may occur in their tax laws. The footnote. Article 2 as amended by the Law of the Republic of Kazakhstan dated 30.06.2014 No. 216-V.

Article 3 GENERAL DEFINITIONS

1. For the purposes of this Agreement, unless the context otherwise requires: (a) The term "Kazakhstan" means the Republic of Kazakhstan and, when used geographically, the term "Kazakhstan" includes the territorial waters of Kazakhstan and any area beyond the territorial waters in which Kazakhstan, in accordance with international law, exercises or may exercise its rights with respect to the sea bottom, soil and natural resources, and in which the laws governing taxes of Kazakhstan apply; (b) The term "Singapore" means the Republic of Singapore and, when used in a geographical sense, the term "Singapore" includes the territorial waters of Singapore and any area outside the territorial waters of Singapore, the seabed and the soil of any such area that could or could be established under the laws of Singapore and in accordance with international law as a zone, on which Singapore exercises its sovereign rights for the purposes of exploration and extraction of natural resources, existing or non-existent; (c) The terms "Contracting State" and "the other Contracting State" mean Kazakhstan or Singapore, depending on the context; (d) The term "person" includes an individual, a company and any other body of persons; (e) The term "company" means any corporate entity or any other economic entity that is considered for tax purposes as a corporate entity; (f) The terms "enterprise of a Contracting State" and "enterprise of the other Contracting State" mean respectively an enterprise operated by a resident of a Contracting State and an enterprise operated by a resident of the other Contracting State; (g) The term "international carriage" means any carriage by a ship or aircraft operated by an enterprise of a Contracting State, except when the ship or aircraft It is operated exclusively between locations in the other Contracting State.; (h) The term "national person" means any natural person who holds the nationality of a Contracting State or any legal person, partnership or association that has obtained its status on the basis of the applicable legislation of a Contracting State; (i) The term "competent authority" means: (i) in the case of Kazakhstan: the Ministry of Finance or its authorized representative; (ii) in Singapore: the Minister of Finance or his authorized representative. 2. At any time during the application of this Agreement by a Contracting State, any term not defined therein shall, unless the context otherwise requires, have the meaning that it has at that time under the laws of that State in respect of taxes to which this Agreement applies, any meaning of the term applied in accordance with the tax laws of that State. It takes precedence over the meaning given to the term by other laws of that State.

Article 4 RESIDENT

1. For the purposes of this Agreement, the term "resident of a Contracting State" means any person who, under the laws of that State, is liable to tax there on the basis of his domicile, residence, place of management, place of establishment or any other criterion of a similar nature. 2. If by reason of the provisions of paragraph 1 an individual is a resident of both Contracting States, then his status shall be determined as follows: (a) He shall be deemed to be a resident of the State in which he has a permanent home at his disposal; if he has a permanent home at his disposal in both Contracting States, he shall be deemed to be a resident of the State in which he has closer personal and economic relations (center of vital interests); (b) If the State in which he has his centre of vital interests cannot be determined, or if he does not have a permanent home available to him in either Contracting State, he shall be deemed to be a resident of the State in which he has an habitual abode; (c) If he has an habitual abode in both States or in neither Of these, he is considered to be a resident of the State of which he is a citizen.; (d) If the resident status cannot be determined in accordance with subparagraphs (a) to (c) of this paragraph, the competent authorities of the Contracting States shall resolve the matter by mutual agreement. 3. Where by reason of the provisions of paragraph 1 a person other than an individual is a resident of both Contracting States, he shall be deemed to be a resident of the State in which his place of effective management is situated. If the place of effective management cannot be determined, the competent authorities of the Contracting States shall resolve the issue by mutual agreement.

Article 5 PERMANENT ESTABLISHMENT

1. For the purposes of this Agreement, the term "permanent establishment" means a permanent place of business through which the business activities of an enterprise are carried out in whole or in part. 2. The term "permanent establishment" includes in particular: (a) a place of management; (b) a branch; (c) an office; (d) a factory; (e) a workshop; (f) a mine, an oil or gas well, a quarry, or any other place of extraction of natural resources. 3. The term "permanent establishment" also includes: (a) A construction site or a construction, installation or assembly facility or monitoring services related thereto, if such a site or facility has existed for more than 12 months or such services have been provided for more than 12 months.; (b) An installation or structure used for the exploration of natural resources or observation services related thereto, or a drilling rig or vessel used for the exploration of natural resources, unless such use lasts for more than 9 months or such services are provided for more than 9 months; c) the provision of services, including consulting services, by an enterprise of a Contracting State through employees or other personnel employed by the enterprise for such purposes, but only if activities of this nature continue (for such or a related project) within the other Contracting State for more than 9 months. 4. Notwithstanding the preceding provisions of this article, the term "permanent establishment" is not considered to include: (a) the use of facilities solely for the purpose of storing, displaying or delivering goods or merchandise belonging to the enterprise; (b) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of storing, displaying or delivering; (c) the maintenance of a stock of goods or products belonging to the enterprise solely for the purposes of processing by another enterprise; (d) The maintenance of a permanent place of business solely for the purpose of purchasing goods or merchandise, or for collecting information for the enterprise; (e) The maintenance of a permanent place of business solely for the purpose of carrying out any other preparatory or auxiliary activities for the enterprise; (f) The maintenance of a permanent place of business solely for the purpose of carrying out any combination of the activities listed in subparagraphs (a) to (e) inclusive, provided that the combined activities of the permanent place of business resulting from such combination are of a preparatory or auxiliary nature. 5. Notwithstanding the provisions of paragraphs 1 and 2, if a person other than an agent with an independent status to whom paragraph 6 applies acts on behalf of the enterprise and has, and habitually exercises in a Contracting State, the authority to conclude contracts on behalf of the enterprise, that enterprise shall be deemed to have a permanent establishment in that State in respect of any activity which that person undertakes for the enterprise, unless the activities of such person are limited to those referred to in paragraph 4, which, if carried out through a permanent place of business, does not transform this permanent place of business into a permanent establishment in accordance with the provisions of this paragraph. 6. An enterprise shall not be considered as having a permanent establishment in a Contracting State solely because it carries on business in that State through a broker, general commission agent or any other agent of an independent status, provided that such persons are acting in the ordinary course of their business. 7. The fact that a company that is a resident of a Contracting State controls or is controlled by a company that is a resident of the other Contracting State or that carries on business in that other State (either through a permanent establishment or otherwise) By itself, it does not turn one of these companies into a permanent establishment of the other.

Article 6 INCOME FROM IMMOVABLE PROPERTY

1. Income earned by a resident of a Contracting State from immovable property (including income from agriculture or forestry) located in the other Contracting State may be taxed in that other State. 2. The term "immovable property" has the meaning that it has under the laws of the Contracting State in which the property in question is located. The term, in any case, includes property ancillary to immovable property, livestock and equipment used in agriculture and forestry, rights to which the provisions of common law apply in relation to land ownership, the usufruct of immovable property and rights to variable or fixed payments as compensation for mining or the right to develop mineral resources. resources, sources and other natural resources; ships and aircraft are not considered as immovable property. 3. The provisions of paragraph 1 shall apply to income derived from the direct use, rental or use of immovable property in any other form. 4. The provisions of paragraphs 1 and 3 shall also apply to income from immovable property of an enterprise and to income from immovable property used for the provision of independent personal services.

Article 7 PROFIT FROM ENTREPRENEURIAL ACTIVITY

1. The profits of an enterprise of a Contracting State are taxable only in that State, unless the enterprise carries on business in the other Contracting State through a permanent establishment located there. If an enterprise carries out business activities, as mentioned above, then the profits of the enterprise may be taxed in another State, but only in the part that relates to a permanent establishment. 2. Subject to the provisions of paragraph 3, if an enterprise of a Contracting State carries on business in the other Contracting State through a permanent establishment located there, then in each Contracting State that permanent establishment includes the profits that it could receive if it were a separate and separate enterprise engaged in the same or similar activities, under the same conditions. or similar conditions and operated in complete independence from the enterprise of which it is a permanent establishment. 3. In determining the profit of a permanent establishment, all expenses, including administrative and general administrative expenses, that would be deductible if the permanent establishment were an independent enterprise, may be deducted to the extent that they are reasonably allocated to the permanent establishment, regardless of whether they are incurred in the State in which the permanent establishment is located or elsewhere.. 4. No profit is credited to a permanent establishment based solely on the purchase by that permanent establishment of goods or merchandise for the enterprise. 5. For the purposes of the preceding paragraphs, profits related to a permanent establishment are determined in the same way from year to year, unless there are sufficient and compelling reasons to change this procedure. 6. If profits include types of income that are specifically mentioned in other Articles of this Agreement, the provisions of these Articles shall not be affected by the provisions of this Article.

Article 8 SEA AND AIR TRANSPORT

1. Profits of an enterprise of a Contracting State derived from the operation of a ship or aircraft in international traffic are taxable only in that State. 2. The provisions of paragraph 1 shall also apply to profits from participation in a pool, in a joint venture or in an international vehicle operating organization.

Article 9 ASSOCIATED ENTERPRISES

1. Where (a) an enterprise of a Contracting State participates directly or indirectly in the management, control or capital of an enterprise of the other Contracting State, or (b) the same persons participate directly or indirectly in the management, control or capital of an enterprise of a Contracting State and an enterprise of the other Contracting State, and in any case between the two enterprises in their respective commercial or financial relationships create or establish conditions different from those that would take place between independent enterprises, then any profit that could have been credited to one of them, but was not credited to him due to these conditions, can be included in the profit of this enterprise and, accordingly, taxed. 2. If, in accordance with the provisions of paragraph 1, a Contracting State includes in the profits of an enterprise of that State and, accordingly, taxes the profits on which the enterprise of the other Contracting State has been taxed in that other State, and if the competent authorities of that Contracting State agree in consultation that all or part of the profits thus included, This is the profit that would have been accrued to the enterprise of the first mentioned State if the relationship between the two enterprises had been such, which exist between independent enterprises, then this other State will make an appropriate adjustment to the amount of tax levied on such agreed profits. When determining such an adjustment, other provisions of this Agreement must be taken into account.

Article 10 DIVIDENDS

1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State. 2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and in accordance with the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed: (a) 5% of the total amount of the dividends, if the actual The owner is a company that directly owns at least 25% of the capital of the company paying dividends; b) 10% of the total amount of dividends in all other cases. 3. Notwithstanding the provisions of paragraph 2: (a) Dividends paid by a company that is a resident of the Republic of Singapore will be exempt from tax in the Republic of Singapore if they are paid to: (i) the Government of the Republic of Kazakhstan; (ii) the National Bank of the Republic of Kazakhstan; (iii) an authorized body of the Republic of Kazakhstan; (iv) any another organization wholly owned by the Government of the Republic of Kazakhstan, which may be agreed from time to time between the competent authorities of the Contracting States.; b) dividends paid by a company that is a resident of the Republic of Kazakhstan will be exempt from tax in the Republic of Kazakhstan if they are paid to: (i) the Government of the Republic of Singapore; (ii) the Monetary Board of Singapore; (iii) the Government Investment Corporation of Singapore Pte Ltd; (iv) the authorized body of Singapore; (v) any another organization wholly owned by the Government of the Republic of Singapore, which may be agreed from time to time between the competent authorities of the Contracting States. 4. The provisions of this article shall not affect the taxation of the company in respect of profits from which dividends are paid. 5. The term "dividends", as used in this article, means income from shares or other rights, other than debt claims, participating in profits, as well as income from other corporate rights, which is subject to the same tax regulation as income from shares in accordance with the laws of the Contracting State of which the company distributing the shares is a resident. profit. 6. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, who is a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends through a permanent establishment located there is a resident, or provides independent personal services in that other State with a permanent base located there and a holding company in respect of which dividends are indeed associated with such a permanent establishment or permanent base. In such a case, the provisions of article 7 or article 14, as the case may be, shall apply. 7. If a company that is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not levy any tax on dividends paid by that company, except if such dividends are paid to a resident of that other State or the holding company in respect of which the dividends are paid is actually associated with a permanent establishment or fixed base. located in that other State, and the company's undistributed profits are not taxed on undistributed profits., even if the dividends paid or retained earnings consist wholly or partly of income generated in that other State. 8. a) According to the current legislation of Singapore, if dividends are paid by a company that is a resident of Singapore to a resident of Kazakhstan who is the actual owner of such dividends, then no tax is levied on dividends in Singapore, which is accrued on dividends in addition to the accrued tax on the profits or income of the company. b) If, after signing this Agreement, Singapore levies a tax on dividends in addition to the tax assessed on the profits or income of a company that is a resident of Singapore, such tax may be assessed, but the tax so assessed on dividends received by a resident of Kazakhstan who is the actual owner of such dividends must comply with the provisions of paragraph 2. 9. Nothing in this Agreement shall be interpreted as preventing a Contracting State, in addition to the tax levied on the profits of a company related to a permanent establishment in that State, from levying a branch tax after paying the income tax of that permanent establishment, provided that the additional tax so assessed should not exceed 5% of the profits of that permanent establishment. permanent establishment after payment of tax.

Article 11 INTEREST

1. Interest arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State. 2. However, such interest may also be taxed in the Contracting State in which it arises and according to the laws of that State, but if the beneficial owner of the interest is a resident of the other Contracting State, the tax so charged shall not exceed 10% of the total amount of the interest. 3. Notwithstanding the provisions of paragraph 2: (a) Interest paid by a company that is a resident of the Republic of Singapore will be exempt from tax in the Republic of Singapore if it is paid to: (i) the Government of the Republic of Kazakhstan; (ii) the National Bank of the Republic of Kazakhstan; (iii) an authorized body of the Republic of Kazakhstan; (iv) any other organization, wholly owned by the Government of the Republic of Kazakhstan, which may be agreed from time to time between the competent authorities of the Contracting States; b) interest paid by a company that is a resident of the Republic of Kazakhstan will be exempt from tax in the Republic of Kazakhstan if it is paid to: (i) the Government of the Republic of Singapore; (ii) the Monetary Board of Singapore; (iii) the Government Investment Corporation of Singapore Pte Ltd; (iv) the authorized body of Singapore; (v) any another organization wholly owned by the Government of the Republic of Singapore, which may be agreed from time to time between the competent authorities of the Contracting States; 4. The term "interest", as used in this article, means income from debt claims of any kind, secured or unsecured and giving or not giving the right to participate in debtors' profits, and in particular income from government securities and income from bonds or debentures, including premiums and winnings on such securities, bonds, or debentures. Penalties for late payments are not considered as interest for the purposes of this article. 5. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the interest, who is a resident of a Contracting State, carries on business in the other Contracting State in which the interest arises through a permanent establishment located there or provides independent personal services in that other State with a permanent base located there and a debt claim in respect of which interest is paid, indeed, it refers to such a permanent establishment or permanent base. In such a case, the provisions of article 7 or article 14, as the case may be, shall apply. 6. Interest shall be deemed to arise in a Contracting State if the payer is that State itself, its administrative subdivision, a local authority, a public authority or a resident of that State. If, however, the person paying the interest, regardless of whether he is a resident of a Contracting State or not, has a permanent establishment or permanent base in a Contracting State in connection with which the debt on which the interest is being paid has arisen and such interest is being paid by such permanent establishment or permanent base, then such interest arises in the State in which such a permanent establishment or permanent base is located. 7. If, due to a special relationship between the payer and the actual owner of the interest, or between both of them and any other person, the amount of interest relating to the debt claim on the basis of which it is paid exceeds the amount that would have been agreed between the payer and the actual owner of the interest in the absence of such a relationship, the provisions of this article apply only to the last mentioned amount. In this case, the excess part of the payment is subject to taxation in accordance with the laws of each Contracting State, taking into account the other provisions of this Agreement. 8. The provisions of this article shall not apply if the main purpose or one of the main purposes of any person involved in the creation or transfer of debt claims in respect of which interest is paid was to benefit from this article by creating or transferring these debt claims. 9. In the event that a resident of a Contracting State is denied a reduction in taxation in the other Contracting State on the basis of the provisions of paragraph 8 of this Article, the competent authority of that other Contracting State shall notify the competent authority of the first-mentioned Contracting State.

Article 12 ROYALTIES

1. Royalties arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State. 2. However, such royalties may also be taxed in the Contracting State in which they arise and according to the laws of that State, but if the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 10% of the total amount of the royalties. 3. The term "royalties", as used in this article, means payments of any kind received as remuneration for the use or right to use any copyright in works of literature, art or science, including computer software, cinematographic films and films, or films for radio or television, any patent, trademark, design or a model, plan, secret formula or process, or for the use or right to use industrial, commercial or scientific equipment, or for information related to industrial, commercial or scientific experience. 4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the royalties, who is a resident of a Contracting State, carries on business in the other Contracting State in which the royalties originated through a permanent establishment located there, or provides independent personal services in that other State with a permanent base located there and the right or property in respect of which royalties are paid, are indeed associated with such a permanent establishment or permanent base. In such a case, the provisions of article 7 or article 14, as the case may be, shall apply. 5. Royalties shall be deemed to arise in a Contracting State if the payer is that State itself, its administrative subdivision, a local authority, a public authority or a resident of that State. However, if the person paying the royalties, regardless of whether he is a resident of a Contracting State or not, has a permanent establishment or permanent base in a Contracting State in connection with which an obligation to pay royalties has arisen and such royalties are paid by a permanent establishment or permanent base, then these royalties shall be deemed to have arisen in the State in which the permanent establishment is located. an institution or permanent base. 6. If, as a result of a special relationship between the payer and the actual owner of the royalty or between both of them and any other person, the amount of the royalty relating to the use, right or information on the basis of which it is paid exceeds the amount that would have been agreed between the payer and the actual owner of the royalty in the absence of such a relationship, the provisions of this article shall apply only to the last mentioned amount. In such a case, the excess part of the payment is subject to taxation in accordance with the laws of each Contracting State, with due regard to the other provisions of this agreement. 7. The provisions of this article shall not apply if the primary purpose or one of the primary purposes of any person involved in the creation or transfer of rights in respect of which royalties are paid was to benefit from this Article through such creation or transfer of rights. 8. In the event that a resident of a Contracting State is denied a reduction in taxation in the other Contracting State on the basis of the provisions of paragraph 7 of this Article, the competent authority of that other Contracting State shall notify the competent authority of the first-mentioned Contracting State.

Article 13 INCOME FROM THE INCREASE IN THE VALUE OF PROPERTY

1. Income earned by a resident of a Contracting State from the alienation of immovable property as defined in Article 6 and located in the other Contracting State may be taxed in that other State. 2. Income earned by a resident of a Contracting State from the alienation of: a) shares other than shares traded on an officially recognized stock exchange that receive more than 50 percent of their value directly or indirectly from immovable property located in the other Contracting State, or b) shares in a partnership or trust whose assets (other than shares traded on an officially recognized stock exchange) receive more than 50 percent of their value directly or indirectly from immovable property located in another Contracting State., may be taxed in that other State. 3. Income from the alienation of movable property forming part of the business property of a permanent establishment which an enterprise of a Contracting State has in the other Contracting State, or from movable property relating to a permanent base held by a resident of a Contracting State in the other Contracting State for the purpose of providing independent personal services, including such income from the alienation of such permanent establishment (separately or in conjunction with the entire enterprise) or such a permanent base, may be taxed in that other State. 4. Income earned by a resident of a Contracting State from the alienation of ships or aircraft operated in international traffic or movable property related to the operation of such ships or aircraft shall be taxable only in that State. 5. Gains from the alienation of any property other than that referred to in the preceding paragraphs of this Article shall be taxable only in the Contracting State of which the alienator is a resident.

Article 14 INDEPENDENT PERSONAL SERVICES

1. Income earned by an individual who is a resident of a Contracting State from the provision of professional services or other activities of an independent nature shall be taxable only in that State, except in the following cases, when such income may also be taxed in the other Contracting State: a) if it has a permanent base at its disposal on a regular basis in another State for the purpose of carrying out its activities, in this case, only that part of the income that relates to the permanent base, may be taxed in that other State; or (b) if his stay in that other State amounts to a period or periods exceeding a total of 183 days in any twelve-month period beginning or ending in the relevant calendar year, in which case only that part of the income earned from carrying out his activities in that other State, may be taxed in this other State. 2. The term "professional services" includes, in particular, independent scientific, literary, artistic, educational or teaching activities, as well as the independent activities of doctors, lawyers, engineers, architects, dentists and accountants.

Article 15 DEPENDENT PERSONAL SERVICES

1. Subject to the provisions of articles 16, 18 and 19, salaries, wages and other similar remuneration earned by a resident of a Contracting State in respect of an employment shall be taxable only in that State unless the employment is performed in the other Contracting State. If the employment is performed in this manner, such remuneration received in connection with it may be taxed in that other State. 2. Notwithstanding the provisions of paragraph 1, remuneration earned by a resident of a Contracting State in respect of an employment performed in the other Contracting State shall be taxable only in the first-mentioned State if: (a) the recipient resides in the other State for a period or periods not exceeding a total of 183 days in any twelve-month period beginning or ending in the relevant calendar year; and (b) the remuneration is paid by or on behalf of an employer who is not a resident of another State; and c) the remuneration costs are not borne by a permanent establishment or a fixed base that the employer has in another State. 3. Notwithstanding the preceding provisions of this article, remuneration derived in respect of an employment performed on board a ship or aircraft operated in international traffic by an enterprise of a Contracting State shall be taxable only in that State.

Article 16 DIRECTORS' FEES

Directors' fees and other similar payments received by a resident of a Contracting State in his capacity as a member of the board of directors or a similar body of a company that is a resident of the other Contracting State may be taxed in that other State.

Article 17 ARTISTS AND ATHLETES

1. Notwithstanding the provisions of articles 14 and 15, income earned by a resident of a Contracting State as a theater, motion picture, radio or television artiste or musician, or as an athlete, from his personal activities in that capacity exercised in the other Contracting State may be taxed in that other State. 2. Where income from or in connection with personal activities carried on by an entertainer or Athlete accrues not to the entertainer or Athlete himself but to another person, that income may, notwithstanding the provisions of Articles 7, 14 and 15, be taxed in the Contracting State in which the entertainer or Athlete's activities are carried on.

Article 18 PENSIONS

Subject to the provisions of paragraph 2 of Article 19, pensions and other similar remuneration paid to a resident of a Contracting State as remuneration for past work performed shall be taxable only in that State.

Article 19 PUBLIC SERVICE

1. (a) Salaries, wages and other similar remuneration, other than a pension, paid by a Contracting State or its administrative subdivision, central and local authorities or an authorized body to an individual in respect of services rendered for that State or its subdivision or local authority or public authority, shall be taxable only in that State. The state. (b) However, such salaries, wages and other similar remuneration shall be taxable only in the other Contracting State if the services are performed in that other State and an individual is a resident of that other State who: (i) is a national of that State; or (ii) has not become a resident of that State solely for the purpose of performing services. 2. (a) Any pension paid by a Contracting State or its administrative subdivision, central and local authorities, or an authorized body, or from funds created by them, to an individual in respect of services rendered for that State or its administrative subdivision, central and local authorities, or authorized body, shall be taxable only in that State. (b) However, such pension is taxable only in the other Contracting State if the individual is a resident of and a national of that State. 3. The provisions of articles 15, 16, 17 and 18 shall apply to salaries, wages and other similar remuneration and to pensions in respect of services rendered in connection with commercial activities carried on by a Contracting State or its administrative subdivision, central and local authorities or an authorized body.

Article 20 STUDENTS AND INTERNS

Payments that a student or trainee who is or was a resident of the other Contracting State immediately prior to his arrival in a Contracting State and is located in the first-mentioned State solely for the purpose of education or internship receives for the purposes of his maintenance, education or internship shall not be taxed in that State, provided that the sources of these payments they are located outside this State.

Article 21 OTHER INCOME

Types of income not mentioned in the preceding articles and arising in a Contracting State are taxable only in that State.

Article 22 ELIMINATION OF DOUBLE TAXATION

1. In the case of Kazakhstan, double taxation is eliminated as follows: a) If a resident of Kazakhstan receives income that, in accordance with the provisions of this Agreement, may be taxed in Singapore, Kazakhstan will allow deduction from the income tax of this resident an amount equal to the income tax paid in Singapore. The amount of tax deductible in accordance with the above provisions should not exceed the tax that would be charged on the same income at the rates applicable in Kazakhstan. b) If a resident of Kazakhstan receives income that, in accordance with the provisions of this Agreement, is taxable only in Singapore, Kazakhstan may include this income in the tax base, but only for the purpose of determining the tax rate on such other income as is subject to taxation in Kazakhstan. 2. In the case of Singapore, double taxation will be eliminated as follows: If a Singapore resident receives income from Kazakhstan that, in accordance with the provisions of this Agreement, may be taxed in Kazakhstan, Singapore, subject to the provisions of its legislation regarding credit authorization in respect of Singapore tax, tax payable in any other country other than Singapore, allows the offset of tax paid in Kazakhstan, directly or by deduction in respect of the Singapore tax payable on the income of this resident. If such income is dividends paid by a company that is a resident of Kazakhstan to a Singapore resident who is a company that directly or indirectly owns at least 10% of the share capital of the first of these companies, the Kazakh tax paid by this company in part of its profits from which the dividends are paid will be taken into account.

Article 23 NON-DISCRIMINATION

1. Nationals of a Contracting State shall not be subject in the other Contracting State to any taxation or any related obligation other or more burdensome than taxation and related obligations to which nationals of another State are or may be subject in the same circumstances. 2. The taxation of a permanent establishment which an enterprise of a Contracting State has in the other Contracting State shall not be less favourable in that other State than the taxation of enterprises of that other State engaged in similar activities. 3. Nothing in this article shall be interpreted as obliging a Contracting State to grant: (a) To residents of the other Contracting State any personal allowances, allowances and deductions for tax purposes which it grants to its residents; or (b) to nationals of another State such personal benefits, discounts and deductions for tax purposes as it grants to its citizens who are not residents of that State or to such other persons as may be determined in the tax legislation of that State. 4. Enterprises of a Contracting State whose capital is wholly or partly owned or controlled directly or indirectly by one or more residents of the other Contracting State shall not be subject in the first-mentioned State to any taxation or any obligations related thereto that are other or more burdensome than the taxation and related obligations to which they are or may be subject. other similar enterprises of the first mentioned State. 5. If a Contracting State provides tax incentives to its nationals in order to promote economic or social development, in accordance with its national policies and criteria, this measure should not be interpreted as discriminatory, in accordance with this article.

Article 24 MUTUAL AGREEMENT PROCEDURE

1. If a person considers that the actions of one or both of the Contracting States lead or will lead to his taxation not in accordance with the provisions of this Agreement, he may, regardless of the remedies provided for by the domestic law of those States, submit his case to the competent authority of the Contracting State of which he is a resident, or, if his case subject to paragraph 1 of article 23, the competent authority of the Contracting State of which it is a national. The application must be submitted within 3 years from the date of the first notification of actions leading to taxation not in accordance with the provisions of this Agreement. 2. The competent authority shall endeavour, if it considers the application to be justified and if it is not itself able to arrive at a satisfactory solution, to resolve the case by mutual agreement with the competent authority of the other Contracting State with a view to avoiding taxation not in accordance with this Agreement. Any agreement reached will be executed regardless of any time limits provided for by the national laws of the Contracting States. 3. The competent authorities of the Contracting States shall endeavour to resolve by mutual agreement any difficulties or doubts arising in the interpretation or application of this Agreement. They may also consult with each other in order to eliminate double taxation in cases not provided for in this Agreement. 4. The competent authorities of the Contracting States may enter into direct contact with each other in order to reach agreement within the meaning of the preceding paragraphs.

Article 25 EXCHANGE OF INFORMATION

1. The competent authorities of the Contracting States shall exchange information necessary for the implementation of the provisions of this Agreement or the administration or application of domestic legislation relating to taxes of any kind and description levied on behalf of the Contracting States or their administrative divisions, central or local authorities, insofar as taxation does not conflict with this Agreement. The exchange of information is not limited to articles 1 and 2 of this Agreement. 2. Any information received by a Contracting State in accordance with paragraph 1 of this Article shall be considered confidential, as well as information received in accordance with the domestic law of that Contracting State, and will be disclosed only to persons or authorities (including courts and administrative authorities) engaged in both assessment or collection, enforcement, or prosecution, or consideration of appeals in respect of taxes referred to in paragraph 1 of this article, as well as supervision of all of the above. Such persons or authorities may use the information only for such purposes. They may disclose information during an open court hearing or when making court decisions. 3. The provisions of paragraphs 1 and 2 of this Article may not be interpreted as imposing on a Contracting State an obligation to: (a) Take administrative measures contrary to the legislation and administrative practice of that or another Contracting State.; (b) To provide information that cannot be obtained under the laws or in the ordinary course of the administration of that or another Contracting State; (c) To provide information that would disclose any trade, business, industrial, commercial or professional secret or trade process, or information the disclosure of which would be contrary to public policy (ordre public). 4. If information is requested by one Contracting State in accordance with this Article, the other Contracting State shall take measures to collect the requested information, even if such information is not required by that other Contracting State for its own tax purposes. The obligation contained in the previous sentence is subject to the limitations of paragraph 3 of this article, but such limitations cannot be interpreted as allowing a Contracting State to refuse to provide information solely because of a lack of domestic interest in such information. 5. The provisions of paragraph 3 of this article may not be interpreted as authorizing a Contracting State to refuse to provide information solely because the holder of the information is a bank, another financial institution, a nominee holder or a person acting as an agent or attorney, or because the information concerns a person with ownership rights. The footnote. Article 25 as amended by the Law of the Republic of Kazakhstan dated 30.06.2014 No. 216-V.

Article 26 MEMBERS OF DIPLOMATIC MISSIONS AND CONSULAR INSTITUTIONS

Nothing in this Agreement affects the tax privileges of members of diplomatic missions and consular posts to whom such privileges are granted by the general rules of international law or in accordance with the provisions of special agreements.

Article 27 ENTRY INTO FORCE

1. Each Contracting State shall notify the other of the completion of the procedures for the entry into force of this Agreement required by its legislation. 2. This Agreement shall enter into force on the date of the last of the notifications referred to in paragraph 1, and its provisions shall apply: a) in Kazakhstan: with respect to taxes for the tax period beginning on or after January 1 of the calendar year following the year of entry into force of this Agreement; b) in Singapore: in respect of taxes payable in any year beginning on or after January 1 of the second calendar year following the year of entry into force of this Agreement.

Article 28 TERMINATION

This Agreement remains in force until terminated by one of the Contracting States. Any Contracting State may terminate this Agreement by sending, through diplomatic channels, a written notice of termination at least six months before the end of any calendar year, after the expiration of a period of five years from the date of entry into force of this Agreement. In such case, this Agreement shall terminate: a) in Kazakhstan: with respect to taxes for the tax period beginning on or after January 1 of the calendar year following the year in which the notification is filed; b) in Singapore: with respect to taxes payable in any year beginning on or after January 1. of the second calendar year following the year in which the notification was submitted.

ARTICLE 29 AMENDMENTS

By mutual agreement of the Contracting States, amendments and additions to this Agreement may be made by protocols forming an integral part of this Agreement. In witness whereof, the undersigned, being duly authorized thereto by their respective Governments, have signed this Agreement.

Done in Singapore on the 19th day, the ninth month of 2006, in two copies in the Kazakh, English and Russian languages, all texts are equally authentic. In case of discrepancies between the texts, the English text is decisive.

FOR THE GOVERNMENT FOR THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN OF THE REPUBLIC OF SINGAPORE

protocol

At the time of signing this Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Singapore for the Avoidance of Double Taxation and the Prevention of Tax Evasion with respect to Taxes on Income, both Governments agreed that the following provisions are an integral part of this Agreement. 1. With regard to article 5: (a) For the purposes of paragraph 2 (f), the term "any other place of extraction of natural resources" also includes a drilling rig, vessel, structure or equipment if such rig, vessel, structure or equipment, as appropriate, is used for the extraction of natural resources. b) For the purposes of paragraph 3 (c), projects are considered to be related if two parts of the activity are continuing commercially and geographically connected. 2. With respect to paragraph 2 of Article 11 and paragraph 2 of Article 12: If, in accordance with any Convention, Agreement or Protocol concluded by Kazakhstan and a third State after the date of entry into force of this Agreement, Kazakhstan reduces its withholding taxation on interest and royalties at a rate lower than that established in this Agreement, the said types of income, a similar rate (hereinafter referred to as the revised rate) established for such a Convention, Agreements or Protocols with a third State on the aforementioned types of income will apply to this Agreement from the date of entry into force of such Conventions, Agreements or Protocols, regardless of which is later. In such a case, the revised rate will be applied by Singapore and Kazakhstan for the purposes of paragraph 2 of articles 11 and 12, as appropriate. In witness whereof, the undersigned, being duly authorized thereto by their respective Governments, have signed this Agreement.

FOR THE GOVERNMENT FOR THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN OF THE REPUBLIC OF SINGAPORE

RCPI's note: The English text of the Agreement is attached below.

President

Republic of Kazakhstan

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