Clarification of the State revenue committee on refund procedure of excess value added tax within the framework of risk management system

Картинки по запросу управление рисками

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[1] on refund procedure of excess value added tax (hereinafter – ‘VAT’) within the framework of risk management system (hereinafter – ‘RMS’). Thus, the Committee explained that the Rules on RMS application[2] are applicable only to the direct suppliers of the companies claiming for VAT refund, if they fall under one of the following criteria:

  • the company is under monitoring of large taxpayers for not less than 12 consecutive months and has no unfulfilled tax obligation on tax return submission as of the date of submission of VAT declaration with VAT refund claim;

  • the company is an autonomous educational organization in accordance with Article 135-1 of the Tax code of Kazakhstan and has no unfulfilled tax obligation on tax return submission as of the date of submission of VAT declaration with VAT refund claim.

About GRATA International

GRATA International is an international law firm, founded on April 22, 1992.

Today our clients have more than 200 professionals in 21 countries at their disposal. GRATA International is a global team representing different countries and nationalities, and which has legal advising experience in all areas of law.

GRATA International provides legal services across all cities in Kazakhstan. The firm has offices in Baku (Azerbaijan), Bishkek (Kyrgyzstan), Dushanbe (Tajikistan), Moscow (Russia) and Tashkent (Uzbekistan), as well a country desk in Ashgabat (Turkmenistan), and associated offices in Istanbul (Turkey), Kyiv (Ukraine), Minsk (Belarus), Kazan, Novosibirsk and Samara (Russia), Prague (Czech Republic), Riga (Latvia), Tbilisi (Georgia), Warsaw (Poland) and Zurich (Switzerland).  

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Our competitive advantages include a wide network of offices mostly covering Eurasia, optimal price and quality ratio and understanding of the local mentality of doing business.

Clients can gain access to the entire network by enquiring at one of offices or representatives of GRATA International. The opportunity to utilise resources without regional boundaries enables us to increase the cost-effectiveness and the efficiency of services provided.

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Services

  • Cоrporate Taxation
  • Internationаl Taxation
  • Tax Administrаtion
  • Tax Audits
  • Tax Plаnning and Optimisation in M&A Transactions
  • Trаnsfer Pricing
  • Tаx Accounting Policy and Special Forms of Tax Registers
  • Tаx Due Diligence
  • Tаx Litigation and Assistance During Tax Audits
  • Tаxation of Subsoil Users
  • VАT Refund from the State Budget
  • Withhоlding Tax Refund

For additional information, please visit www.gratanet.com, or contact:

Assel Ilyassova

Partner

Head of Tax Department

 

 

+7 (727) 2445-777

+7 (701) 763-07-14

ailyassova@gratanet.com

 

     

This alert for informational purposes only and shall not be recognized as legal advice. GRATA Law Firm LLP is not responsible for any consequences arising from the use of the aforementioned information without its consent.


[1] The Letter of the State revenue committee of the Ministry of Finance of the Republic of Kazakhstan dated 13 March 2017 No. КГД-08-3-13036-КГД-6468;

[2] Approved by the Decree of the Government of the Republic of Kazakhstan dated 27 March 2013 No. 279 ‘On approval of the Rules on application of risk management system for the purposes of confirmation of excess value added tax claimed for refund and risk level criteria’.

Assel Ilyasova

Partner, Head of Tax Law Department