In order to receive tax preferences provided for by the legislation for an investment agreement, a person who has entered into an investment agreement is a legal entity that simultaneously meets the following conditions:
1) in accordance with the Entrepreneurial Code of the Republic of Kazakhstan, an investment agreement has been concluded with a state body authorized by the Government of the Republic of Kazakhstan to conclude such an agreement, providing for tax preferences;
2) implements an investment project according to the type of activity provided for in the investment agreement;
3) is not a subsoil user and (or) a person engaged in the production of excisable goods;
4) does not apply special tax regimes.
2. If the changes and (or) additions to the tax legislation of the Republic of Kazakhstan provide for an increase in the coefficients and (or) rates applied when calculating land tax and (or) property tax, or changing the amount of reduction when calculating corporate income tax, the person who has entered into an agreement on investments, determines tax liabilities for activities within the framework of the investment project using coefficients and (or) at rates, and also applies the amount of reduction in the calculation of corporate income tax that were in force on the date of conclusion of the investment agreement.
When making changes and (or) additions to the Tax Code of the Republic of Kazakhstan, providing for the abolition of the exemption of imports into the territory of the special economic zone or turnover on the sale of goods, works, services from value added tax in the territory of the special economic zone, such exemption is applied by the person who has concluded an agreement on investment, until the end of the investment agreement.
3. In case of early termination of the investment agreement, tax preferences and the guarantee of the stability of the tax legislation of the Republic of Kazakhstan are annulled from the date of its conclusion.
In the case specified in part one of this clause, the taxpayer is obliged, no later than thirty calendar days from the date of termination of the investment agreement, to submit additional tax returns for tax periods starting from the date of conclusion of this agreement until the date of its termination inclusive.
4. If a person who has entered into an investment agreement carries out activities in the territory of a special economic zone, upon abolition of the special economic zone, the taxpayer shall apply tax preferences until the expiration of the investment agreement.