Assel Ilyasova is a Partner and the Head of the Tax and Customs Law Department at GRATA Law Firm. She has joined the firm in 2006.
Previously, Assel worked in the Almaty City Tax Authority as a Senior Tax Inspector in charge of legal support of the Tax Committee, including representation of its interests in court.
In 2004 Assel was declared the best officer of the Almaty City Tax Committee and in 2006 – the highest performing employee of GRATA Law Firm.
2003 - Kazakh Humanitarian and Law Institute (Almaty, Kazakhstan) with a Bachelor’s degree;
2009 - Master’s Degree in Law from City University (London, UK);
2009 – internship with the Tax Department of Eversheds International Law Firm (London, UK).
- Tax and Customs law
- Representation and protection interests of the Chinese oil service company in dispute with the Kazakh tax authorities on appeal of additionally charged tax amounts, which resulted in cancelation of corporate income tax and penalty in amount about of KZT 209 mln., accrued due to currency difference;
- Successful appeal of customs inspection results of the Chinese oil service company, and cancelation of import VAT, customs duties and penalties amounts assessed by the inclusion royalties in the customs value of the imported equipment. The amount of the dispute is about KZT 74 mln.;
- Providing tax support for the BVI lessor on the transfer of aircraft to the Kazakh air company under the (dry) leasing agreement;
- Successful representation and protection interests of the European oil producer on appealing tax audit results regarding refusal in approval of excess VAT refund due to currency earnings issues. The amount of the dispute is about KZT 415 mln.;
- Tax support of the transaction on sale by the large Korean oil producer of the share in oil deposit. Evaluation of tax implications and risks in respect of the corporate income tax, VAT and availability of tax exemptions application;
- Tax structuring of the transaction on sale by the Korean service company the drilling rig. Evaluation of tax implications and risks in respect of the capital gain tax, import VAT and property tax;
- Advising on tax implications of financing by ICD the Kazakh company under the Murabaha Agreement as the Islamic financing tool;
- Advising EBRD on financing of a state-owned company with the purpose of modernizing water and heating systems in Aktau;
- Successful appeal the customs authority’s decision against the large FCMG company on charging additional amounts of the import VAT, customs duties and penalties for a total amount exceeding KZT 1.6 bln. due to entering royalties in the customs value of the imported goods;
- Advising Korean investors on development, financing, construction, operation;
- Appealing the refusal of the tax authority to refund to the European oil producer VAT KZT 4.8 bln. from the budget due to non-compliance with the conditions stipulated in Art. 272 of the Tax Code;
- Advising the Eurasian Bank of Development on project financing;
- Representation and protection interests of the Chinese oil service company in the dispute with the tax authority on appeal additionally accrued amounts of the corporate income tax and VAT, due exclusion of deductions fuel costs. As a result of the appeal it was succeed to cancel the accrued tax amount in amount about of KZT 580 mln.;
- Advising the EBRD on US$ 100 million financing of Caspian Bank;
- Successful refund of the corporate income tax withheld from income paid to the Singapore construction company from the budget under provisions of the Double Taxation Treaty. The amount of the returned tax is about KZT 334 mln.;
- Advising Citibank on US$ 100 million financing of ATF Bank.
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By the end of June of this year Kazakhstan signed the Multilateral convention to implement tax treaty related measures to prevent base erosion and profit shifting (MLI).
On 29 December 2017 the Republic of Kazakhstan has ratified the Convention on avoidance of double taxation with Ireland and the Protocol thereto (hereinafter – the ‘Convention’).
Please be advised that on 27 June 2017 the regulation on the Appeal commission of the Ministry of finance of the Republic of Kazakhstan, which will be operating from 1 July 2017, was officially published.
Register of entrepreneurs (hereinafter – the ‘Register’) is a main electronic data source on all types of entrepreneurs. The procedures of maintenance and use of the Register are regulated by the respective rules.The Register is formed by the Ministry of national economy of the Republic of Kazakhstan.
The 10th Astana Economic Forum was held in the Palace of Independence, Astana on 15-16 June 2017.
The Agreement on benefits and exemptions for official participants connected with performance of the International specialized exhibition EXPO-2017 in Astana, the Rules on performance of tax obligations by persons entitled to benefits and exemptions in accordance with the Agreement, effective 17 June 2017, as well as the Rules on application of special customs procedure provide for separate tax and customs regimes for EXPO-2017 participants.
Please be informed that the State revenue committee of the Ministry of Finance of the Republic of Kazakhstan (hereinafter – the ‘Committee’) provided a clarification in its Letter
on refund procedure of excess value added tax (hereinafter – ‘VAT’) within the framework of risk management system (hereinafter – ‘RMS’).
The Decision No. 46 dated 11 May 2017 of the College of the Eurasian economic union introduced changes to the ‘Procedure of introduction of amendments and (or) additions to the declaration on goods’.
Please be informed that the State revenue committee of the Ministry of Finance of the Republic of Kazakhstan (hereinafter – the ‘Committee’) provided a clarification in its letter dated 29 March 2017 No. КГД-08-2-17021-КГД-7951 regarding issue of electronic invoices prior to enactment of the respective law (hereinafter – the ‘Law’).
Please be informed that the State revenue committee of the Ministry of Finance of the Republic of Kazakhstan (hereinafter – the ‘SRC’) clarified in its letter dated 13 March 2017 No. КГД-08-3-13036-КГД-6468 that the Kazakh exporter is obliged to provide the tax authorities with an application on import of goods and payment of indirect taxes submitted along with VAT declaration and received from the importer in case of export of goods to the member-states of the Eurasian economic union (the EAEU).
As of today, the Treaty on the Customs Code of the Eurasian Economic Union (hereinafter – the ‘EAEU Customs Code’) is in process of signing. It is expected that the document will come into force not earlier than 29 December 2017.
Please be informed that the State revenue committee of the Ministry of Finance of the Republic of Kazakhstan (hereinafter – the ‘SRC’) clarified in its letter dated 7 March 2017 No. КГД-06-3-11411-КГД-5981 that an electronic invoice (hereinafter – ‘EI’) may be signed by one of the participants of EI information system (hereinafter – ‘EIIS’): either by (i) a head of the company or by (ii) an authorized person on the basis of an electronic power of attorney (hereinafter – ‘PoA) issued by the company and signed with its electronic signature. I.e., it is not required to sign the same EI by both the head and the chief accountant of the company.
State revenue committee of the Ministry of Finance of the Republic of Kazakhstan (hereinafter – the ‘SRC’) clarified...
Government of the Republic of Kazakhstan adopted a ruling dated 13 February 2017 No. 56 ‘On introduction of changes to the ruling of the Government of the Republic of Kazakhstan dated 21 January 2011 No.24 ‘On approval of rates of customs fees levied by the customs authorities’ establishing the rates of customs fees in Kazakhstan Tenge.
GRATA International law firm provides you with a brief tax alert on main changes and amendments to the Code of the Republic of Kazakhstan on taxes and other obligatory payments to the budget (the Tax Code) effective 2017.
This article is published using “Astana International Financial Centre (AIFC) – The Practitioners Handbook on International Tax” documented by Ambassador SM Soni on 25th May 2016, “The constitutional law of the Republic of Kazakhstan on Astana International Financial Centre” and “Explanatory Note to the issue on the Strategy for the development of the Astana International Financial Centre”.
Please be informed that Kazakhstan and Russia agreed on cancellation of apostilization requirement in respect of documents confirming tax residence.
On 18 May 2016 the Republic of Kazakhstan has ratified the Convention on avoidance of double taxation with the Kingdom of Saudi Arabia and the Protocol thereto which are in effect since 1 September 2016. Please note that the Convention is applied to income which will be paid starting from 1 January 2017.
On 14 October 2016 the Republic of Kazakhstan has ratified the Convention on avoidance of double taxation with Serbia and the Protocol thereto.
In our view, corporate tax practice in Kazakhstan has not significantly changed in the last year. Tax lawyers were mostly involved in disputes regarding the appeal of additionally accrued taxes on the basis of audit results and less involved in tax consultancy and structuring.
We would like to draw your attention to some important changes in the laws of the Republic of Kazakhstan regarding the country's accession to the World Trade Organization.
ICLG (International Comparative Legal Guide) to: Corporate Tax 2016, 12 edition Author: Assel Ilyassova
JTI Kazakhstan LLP recommends GRATA Law firm as a tax adviser
On 24 April 2015, in Almaty there has been a workshop titled: 'Kazakhstan - Russia: legal aspects of doing business' held by GRATA Law Firm.
Grata Law Firm is ‘held in high regard’ by foreign clients and international law firms, and its large, full-service team.
In 2014, 17 laws were adopted to amend the Code of Kazakhstan 'On Taxes and Other Obligatory Payments to the Budget' (Tax Code). Most of the amendments become effective from 1 January 2015. GRATA Law Firm hereby provides for the brief review of main amendments. For your convenience, amendments introduced to the Tax Code are given in a special table. We value your time and hope that the information provided will be useful for you.
A new Code of the Republic of Kazakhstan 'On Administrative Violations', dated 5 July 2014 and a new Criminal Code of the Republic of Kazakhstan, dated 3 July 2014 entered into force on 1 January 2015.
On 27 February 2013 the Supreme Court introduced the Regulatory Resolution 'On the Judicial Practice of Application of the Tax Law' (hereinafter - the 'Resolution').
Kazakhstan ratified the Double Taxation Treaties signed with the United Arab Emirates and the Grand Duchy of Luxembourg
The seminar explored the various issues in depth and focused on problems that customers often encounter in practice.
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