Provisions specific to the calculation and payment of income tax on capital gains from the realization of securities

Provisions specific to the calculation and payment of income tax on capital gains from the realization of securities. A nonresidents income from capital gains resulting from the realization of securities issued by residents shall be subject to taxation at the rate established under Article 180 of Tax Code, with the exception of capital gains from the realization of stocks and bonds that are on the stock exchanges official A and B lists.

The corporate income tax shall be calculated independently by the nonresident legal entity, the tax shall be payable within ten business days of the moment at which the income was received, and the filing of a corporate income tax return with the tax authority where the issuer is registered shall be required. 2.5 PROCEDURE FOR THE TAXATION OF INCOME OF NONRESIDENT LEGAL ENTITIES DOING BUSINESS IN THE REPUBLIC OF KAZAKHSTAN THROUGH A PERMANENT ESTABLISHMENT The procedure for determination of the taxable income, and for the calculation and payment of the corporate income tax on a nonresident legal entity doing business in the Republic of Kazakhstan through a permanent establishment, shall be carried out in accordance with the provisions of Articles 79-135 of Tax Code of RK. The income of a nonresident legal entity shall include all types of income related to the operation of the permanent establishment.

If a nonresident legal entity does business in the Republic of Kazakhstan that is analogous or similar to that which is performed through a permanent establishment, the income from that business shall be treated as income from doing business through the permanent establishment.

Expenses related directly to earning income from doing business in the Republic of Kazakhstan through a permanent establishment shall be deductible, regardless of whether they were incurred in the Republic of Kazakhstan or outside its borders, with the exception of expenses that may not be taken as a deduction in accordance with this Code. A nonresident legal entity shall not have the right to deduct the following amounts charged to a permanent establishment in the form of 1 royalties, honoraria, fees, and other payments for the use of or granting the right to use property or intellectual property of the given nonresident legal entity 2 commission income for services 3 interest on loans granted by the given nonresident legal entity 4 expenditures not related to earning income from the nonresident legal entitys operations in the Republic of Kazakhstan 5 expenditures that are not documented 6 management and general administrative expenses of the nonresident legal entity incurred outside the territory of the Republic of Kazakhstan. 2.5.1