Article 278. Specifics of the application of deductions for fixed assets by taxpayers who applied special tax regimes of the Tax Code of the Republic of Kazakhstan

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 1. Unless otherwise established by this article, when a taxpayer applying a special tax regime based on a simplified declaration or a special tax regime for peasant or farm farms is transferred to a generally established taxation procedure, the initial cost of fixed assets is the cost of their acquisition, reduced by the estimated amount of depreciation.

 Unless otherwise established by this article, the acquisition cost is the total cost of acquisition, production, construction, installation, installation, reconstruction and modernization performed prior to the start of operation of the asset, except for the costs (expenses) specified in subitems 2), 13) and 16) of Articles 286 and Article 287 of this Code.

 If the asset was previously received free of charge, for the purposes of this article, the cost of acquiring such an asset is its value included in the object of taxation in accordance with paragraph 2 of Article 724 of this Code in the form of gratuitously received property.

 For assets received in the form of charitable assistance, inheritance, with the exception of the case provided for in part two of this paragraph, the cost of acquiring an asset is the market value of the asset at the date of ownership of the asset, determined in the assessment report conducted under an agreement between the appraiser and the taxpayer in accordance with the legislation of the Republic of Kazakhstan on valuation activities.

 The estimated depreciation amount is defined as the product of the following values:

 the cost of acquisition of the asset, determined in accordance with this paragraph;

 the maximum monthly depreciation rate provided for in paragraph 3 of this article;

 the number of months that have passed since the first commissioning of the asset by such a taxpayer.

 2. Unless otherwise established by this Article, the costs of reconstruction and modernization of a fixed asset committed after the start of its operation shall be recognized as a separate fixed asset with an initial cost equal to the amount of such costs, except for the costs (expenses) specified in subitems 2), 13) and 16) of Articles 286 and Article 287 of this Code, reduced for the estimated amount of depreciation.

 The estimated depreciation amount is defined as the product of the following values:

 the amount of expenses for reconstruction and modernization determined in accordance with this paragraph;

 the maximum monthly depreciation rate provided for in paragraph 3 of this article;

 the number of months that have passed since the completion of reconstruction and modernization.

 For the purposes of this paragraph, paragraph 3 of Article 390 and paragraph 6 of Article 591 of this Code, reconstruction and modernization are recognized as reconstruction and modernization, the results of which are simultaneously:

 modification, including updating, of the fixed asset design;

 increase the service life of fixed assets by more than three years;

 improvement of the technical characteristics of the fixed asset in comparison with its technical characteristics at the beginning of the calendar month in which this fixed asset is temporarily decommissioned for reconstruction and modernization.

 3. Depending on the group to which the fixed asset is to be included in accordance with paragraph 1 of Article 276 of this Code, the following monthly depreciation rates apply::

No. p / p

Group number

Name of fixed assets

Monthly depreciation rate, %

Buildings, structures, except for oil and gas wells, as well as transmission devices

0,83

Machinery and equipment, except for machinery and equipment for oil and gas production, as well as computers and information processing equipment

2,08

III

Computers, software, and information processing equipment

3,33

Fixed assets not included in other groups, including oil and gas wells, transmission devices, machinery and equipment for oil and gas production

1,25

 For the purposes of applying paragraph 2 of this article, a fixed asset created as a result of reconstruction and modernization is included in the group to which the fixed asset that has undergone reconstruction and modernization is to be included.

 4. The initial value of fixed assets is determined in accordance with this paragraph, subject to the following conditions::

 A taxpayer applying a special tax regime based on a simplified declaration or a special tax regime for peasant or farm enterprises shall switch to a generally established taxation procedure.;

 The taxpayer applied a special tax regime based on a simplified declaration or a special tax regime for peasant or farm farms for less than 12 calendar months.;

 Prior to the transition to a special tax regime based on a simplified declaration or a special tax regime for peasant or farm farms, the taxpayer applied a generally established taxation procedure.

 The initial value of fixed assets is determined based on the size of the value balance of the group I object and (or) the value balance of the group (for groups II, III or IV) on the day preceding the day of the beginning of the application of a special tax regime based on a simplified declaration or a special tax regime for peasant or farm farms, and deductions for fixed assets determined by in accordance with articles 275-277 and 279 – 282 of this Code, during the period of application of a special tax regime based on a simplified declaration or a special tax regime for peasant or farm enterprises.

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 278. Income from a derivative financial instrument, with the exception of a derivative financial instrument with a long period of execution of the Code on Taxes and Other Mandatory Payments to the Budget (Tax Code) of the Republic of Kazakhstan

1. Income on a derivative financial instrument, with the exception of a derivative financial instrument, the income on which is determined in accordance with Article 279 of this Code, is defined as the excess of income over expenses on a derivative financial instrument.

For tax accounting purposes, such income is recognized on the day of fulfillment, early or other termination of the taxpayer's rights or obligations under a derivative financial instrument, as well as on the day of the transaction with a derivative financial instrument, the claims for which fully or partially offset the obligations under a previously concluded transaction with a derivative financial instrument.

2. Receipts from a derivative financial instrument are payments to be received (received) on this derivative financial instrument during interim settlements during the term of the transaction, as well as on the day of execution or early termination.

3. Expenses on a derivative financial instrument are payments payable (paid) on this derivative financial instrument during interim settlements during the term of the transaction, as well as on the day of execution or early termination.

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