Article 40. Authorized representative of the taxpayer (tax agent) The Tax Code of the Republic of Kazakhstan

Home / Codes / Article 40. Authorized representative of the taxpayer (tax agent) The Tax Code of the Republic of Kazakhstan

1. An authorized representative of a taxpayer (tax agent) is a person authorized to represent, in relations with a tax authority and other participants in relations regulated by this Code, the interests of a taxpayer (tax agent) who is:

1) by an individual, including an individual entrepreneur or a person engaged in private practice, on the basis of a notarized or equivalent power of attorney issued in accordance with the civil legislation of the Republic of Kazakhstan, which specifies the relevant powers of the representative;

2) a legal entity or its structural subdivision – on the basis of constituent documents and (or) a power of attorney issued in accordance with the civil legislation of the Republic of Kazakhstan, which specifies the relevant powers of the representative.

The taxpayer (tax agent) has the right to identify an authorized representative by issuing an electronic document of the taxpayer (tax agent) through the object of informatization of the tax authority, which indicates the relevant powers of the representative.

2. Actions (inaction) of an authorized representative of a taxpayer (tax agent) committed on behalf of a taxpayer (tax agent) are recognized as actions (inaction) of a taxpayer (tax agent).

The Code of the Republic of Kazakhstan dated July 18, 2025 No. 214-VIII SAM.

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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 40. Fulfillment of a tax obligation when transferring property to the trust management of the Tax Code and Other Mandatory Payments to the Budget (Tax Code) of the Republic of Kazakhstan

1. For the purposes of this Code, a tax liability for trust management activities is understood to be a tax liability arising as a result of the establishment of trust management of property, in the process of its implementation and (or) termination.

The fulfillment of the tax obligation on corporate and individual income taxes on trust management activities is carried out:

1) the founder of the trust management under the contract of trust management of property, the act on the establishment of trust management of property, or the beneficiary in other cases of trust management of property (hereinafter referred to as this Code – the founder of the trust management) under:

the share of participation and (or) shares transferred to the trust management;

property transferred to the trust management of the National Bank of the Republic of Kazakhstan, with the exception of assets of the National Fund of the Republic of Kazakhstan;

property transferred to the trust management under the act on the establishment of the trust management of property;

income received by a legal entity or an individual entrepreneur from a second-tier bank on trust transactions;

preparation and submission of a declaration in accordance with the Constitutional Law of the Republic of Kazakhstan "On Elections in the Republic of Kazakhstan", the Criminal Executive Code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan "On Combating Corruption", if the founder of the trust management is an individual who has such an obligation.

For the purposes of this Code, an act on the establishment of trust management of property is understood as a document that serves as the basis for the creation of trust management of property, for which the trustee is a non-resident individual or a non-resident legal entity that does not operate in the Republic of Kazakhstan.;

2) trustee – in other cases. At the same time, the tax obligation on income received by an individual, except for an individual entrepreneur, and a non-resident legal entity operating in the Republic of Kazakhstan without forming a permanent establishment, from trust operations carried out by a second-tier bank that is a tax agent, is fulfilled by such a second-tier bank in the form of fulfilling the duties of a tax agent.

The trustee fulfills the tax obligations arising from the date of:

state registration of the right of trust management of property, – if, in accordance with the legislation of the Republic of Kazakhstan, such a right is subject to state registration;

conclusion of a trust management agreement or a document confirming the occurrence of another case of trust management of property, if, in accordance with the legislation of the Republic of Kazakhstan, the right of trust management is not subject to state registration.

2. The fulfillment of the tax obligation arising from value added tax on trust management activities is carried out by the trustee in accordance with the procedure established by Section 10 and Articles 82 and 83 of this Code.

3. The fulfillment of a tax obligation arising from taxes not specified in paragraphs 1 and 2 of this Article and payments to the budget shall be carried out by a person recognized as a payer of such tax, payment to the budget in accordance with this Code, unless otherwise established by Article 41 of this Code.

4. A trustee is an individual who is a resident and must register with the tax authority as an individual entrepreneur in accordance with the procedure established by Article 79 of this Code, except in cases where property in the form of shares and shares has been transferred to the trust management.

5. The provisions of this Article and Articles 41 to 45 of this Code shall not apply to tax obligations arising as a result of the establishment, implementation and (or) termination by the management company of the trust management of the assets of an investment fund in accordance with the legislation of the Republic of Kazakhstan on investment and venture funds.

The footnote. Article 40 as amended by the Laws of the Republic of Kazakhstan dated 07/04/2018 No. 174-VI (effective after ten calendar days after the date of its first official publication); dated 12/10/2020 No. 382-VI (effective from 01/01/2021).

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Republic of Kazakhstan

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Tax disputes on the recognition of a notification as unfulfilled are accepted by the tax authority only in case of violation by the taxpayer of the form and deadlines for the execution of the notification.,

Tax disputes on the recognition of a notification as unfulfilled are accepted by the tax authority only in case of violation by the taxpayer of the form and deadlines for the...