Article 125. General provisions for the refund of excess value added tax of the Tax Code of the Republic of Kazakhstan

    1. For the purposes of this paragraph, the excess of the value–added tax (hereinafter referred to as the tax for the purposes of this paragraph) is the excess of the amount of tax deductible over the amount of the accrued tax resulting from the cumulative declaration at the end of the reporting tax period.

    2. The amount of excess tax is subject to refund to the following tax payers:

    1) those who sell goods, perform works, and provide services that are taxed at a zero rate;

    2) operating under a subsurface use contract (with the exception of contracts for exploration and (or) extraction of common minerals, groundwater and therapeutic mud) concluded in accordance with the procedure established by the legislation of the Republic of Kazakhstan;

    3) those who purchase goods, works, and services in connection with the construction of industrial buildings and structures under a long-term contract, which are being put into operation for the first time in the territory of the Republic of Kazakhstan.

    3. The amount of excess tax is non-refundable:

    1) offset against invoices issued by a procurement organization in the field of the agro-industrial complex;

    2) offset for goods, works, and services related to minerals transferred to fulfill a tax obligation in kind (including goods, works, and services related to the sale of such minerals);

    3) the current situation for the tax periods for which the taxpayer has included an additional amount of tax in the offset.

    4. The taxpayer has the right to demand a refund of the excess tax amount in the next tax return (hereinafter referred to as the refund claim for the purposes of this paragraph) during the limitation period.

    5. The grounds for refunding the amount of excess tax that has been confirmed for refund are:

    1) notification of the amount of excess tax, confirmed for refund in a simplified manner;

    2) the act of tax audit, taking into account the results of the appeal;

    3) conclusion to the tax audit report.

    After the tax authority submits the documents specified in part one of this paragraph, the taxpayer submits a tax application to the tax authority at his location.

    6. The time period during which the tax authority makes a refund of the amount of excess tax when the taxpayer submits a tax application is established in paragraph 4 of Article 127, paragraph 5 of Article 128 and paragraph 9 of Article 129 of this Code.

    If the tax application is not submitted within the time period established by the first part of this paragraph, the refund of the excess tax amount is made within ten working days following the day of submission of the tax application.

    7. If there is a tax debt, the tax authority, without a tax statement, sets off the amount of the excess tax against the repayment of the existing tax debt of the taxpayer, including its structural divisions.

    8. The refund of the confirmed amounts of excess tax (the remaining amount of excess tax after the repayment of tax arrears) is made by the tax authority at the choice of the tax payer based on the tax statement of the tax payer by:

    1) deposits to his bank account;

    2) offsets for other types of taxes.  

    9. The amount of excess tax to be refunded must not exceed the amount of excess tax in the personal account as of the date when the tax authority draws up the payment document for the refund of the amount of excess tax.

    10. The amount of penalties accrued in favor of the taxpayer in case of violation of the deadline for the refund of the excess tax amount is subject to transfer to the taxpayer's bank account on the day of the refund of the excess tax amount.

    In case of insufficient funds in the cash control account provided for by the budget legislation of the Republic of Kazakhstan, penalties for the amount of late repayment of the excess tax amount are not accrued.

    11. The amount of excess tax previously returned from the budget, but subsequently not confirmed for refund based on the results of tax control, is subject to payment by the taxpayer to the budget with penalties for each day from the date of refund from the budget to the date of transfer to the budget.

    The amount of penalties paid in connection with the late repayment of the excess tax, but subsequently not confirmed for refund based on the results of tax control, is also subject to payment by the taxpayer to the budget with penalties for each day from the date of refund from the budget to the date of transfer to the budget.

    12. The tax authority when refunding the amount of excess tax:

    1) conducts thematic tax audits;

    2) applies tax risk management systems;

    3) uses the results of the analytical report "Supplier Pyramid";

    4) determines the amounts of excess tax to be refunded.

    The procedure for refunding the excess tax amount is determined by the authorized body.  

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 125. Compulsory issue of declared shares of a taxpayer (tax agent) – a joint-stock company with state participation in the authorized capital of the Tax Code and Other Mandatory Payments to the Budget (Tax Code) of the Republic of Kazakhstan

     In case of non–repayment of tax arrears by a taxpayer (tax agent), a joint-stock company with state participation in the authorized capital, after taking all measures provided for in subparagraphs 1), 2) and 3) of paragraph 3 of Article 121 of this Code, the authorized body shall file a claim with the court for the compulsory issue of declared shares in accordance with the procedure established by law. Of the Republic of Kazakhstan.

     The deadlines for fulfilling tax obligations to pay taxes, payments to the budget, as well as obligations to pay penalties and fines, for which the compulsory issue of declared shares is carried out by a court decision, are suspended from the date of entry into force of the court decision on the compulsory issue of declared shares and until the end of their placement.

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