Tax law. (Lecture 1)

Содержание

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PIT (Personal Income Tax) – ИПН (Индивидуальный Подоходный Налог); MS (Minimum

PIT (Personal Income Tax) – ИПН (Индивидуальный Подоходный Налог);
MS (Minimum Salary)

– Минимальная Заработная Плата;
Pension - ОПВ (Обязательные Пенсионные Взносы);
Revenue (Income) – Доход
Total Personal Revenue – Совокупный личный доход
Net Income – Чистый доход

Terms & Translations

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Tax Burden under Employment Contract; Tax Burden under Civil Contract; Tax Burden of Individual Entrepreneurs; Goal

Tax Burden under Employment Contract;
Tax Burden under Civil Contract;
Tax Burden of

Individual Entrepreneurs;

Goal

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Tax Legislation is based on the: Constitution; Code of the RK

Tax Legislation is based on the:
Constitution;
Code of the RK on Taxes

and other Obligatory Payments to Revenue (Tax Code);
and other Normative Legal Acts.

Governing Laws

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Tax Law regulate the government-directed relations associated with establishing, introduction and

Tax Law regulate the government-directed relations associated with establishing, introduction and

the procedure for the payment of taxes and other obligatory payments to the budget as well as relations between the state and the taxpayer.

Tax Law

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Sub-par.34 par.1 art.1 TC Taxes - obligatory monetary payments to the

Sub-par.34 par.1 art.1 TC
Taxes - obligatory monetary payments to the budget

as established by the state through legislation in a unilateral procedure, except for the cases specified in this Code, which are paid in certain amounts, which are irrevocable and non-refundable;

Tax Law

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Subject of the tax law – taxpayer who obliged to pay

Subject of the tax law – taxpayer who obliged to pay

taxes.
Taxpayers divided into physical persons and legal entities; as well they could be divided into residents and non-residents.

Subject of the Tax Law

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Article 27. A Taxable Item and (or) Item Related to Taxation

Article 27. A Taxable Item and (or) Item Related to Taxation
The

taxable item and (or) item related to taxation shall be assets and actions, with the existence of which and on the basis of which the tax liability arises with the taxpayer;

Tax Law

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Principle of Personal Law – attraction of national (local) physical persons

Principle of Personal Law – attraction of national (local) physical persons

and legal entities;
Principle of Territorial Law – obligation to pay taxes regardless of nationality;
Principle of Residence – divide into residents and non-residents, later to pay taxes from revenues derived from sources in the country of taxation.

Subject of the Tax Law

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Types of Taxes

Types of Taxes

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VAT, taxable items: taxable turnovers (selling goods, works and services in

VAT, taxable items:
taxable turnovers (selling goods, works and services in the

RK);
taxable import.
VAT – equals to 12%;

VAT

The minimum turnover shall be 30 000 MCI.

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Excisable Products: Alcohol; Tobacco; Gasoline; Diesel; Crude Oil; Gas Condensate; Excise

Excisable Products:
Alcohol;
Tobacco;
Gasoline;
Diesel;
Crude Oil;
Gas Condensate;

Excise Duty

Subjects – producers/importers of excisable products.

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Export Rent Tax: Crude Oil; Gas Condensate; Coal Export Rent Tax Subjects – exporters;

Export Rent Tax:
Crude Oil;
Gas Condensate;
Coal

Export Rent Tax

Subjects – exporters;

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Hydrocarbon Resources; Solid Minerals; Common Minerals. Subsurface Users Special Payments and Taxes of Subsurface Users:

Hydrocarbon Resources;
Solid Minerals;
Common Minerals.

Subsurface Users

Special Payments and Taxes of Subsurface Users:

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Paid by the owners of the Real-Estate; Subsurface Users Property Tax:

Paid by the owners of the Real-Estate;

Subsurface Users

Property Tax:

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Article 26. Tax Liability The tax liability the taxpayer’s obligation to

Article 26. Tax Liability
The tax liability the taxpayer’s obligation to be

registered by the tax authority, identify taxable items and (or) items related to taxation, assess taxes and other obligatory payments to the budget, make tax forms, present tax forms, except for tax registers, to the tax authority within the established time, and pay taxes and other obligatory payments to the budget;

Tax Law

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Who has to pay PIT? Subjects of the PIT: Physical person

Who has to pay PIT?
Subjects of the PIT:
Physical person – resident;
Physical

person – non-resident.

Personal Income Tax

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PIT and Social Tax

PIT and Social Tax

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Object of the PIT: Revenues taxed at source (i.e. income from:

Object of the PIT:
Revenues taxed at source (i.e. income from: salary,

dividends, interest, gains, pensions, scholarships, lump-sum payment);
Revenues not taxed at source (property income, income of IE, lawyers, private notaries, income derived from sources outside of RK).

Personal Income Tax

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Rates of the PIT: Revenues taxed at source - at the

Rates of the PIT:
Revenues taxed at source - at the rate

of 10%;
Income from dividends – at a rate of 5%;
Other rates stipulated by the Tax Code.

Personal Income Tax

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Labor Contract: Your Official Salary is KZT 500,000; What will be

Labor Contract:
Your Official Salary is KZT 500,000;
What will be the amount

of your PIT?
What will be your Net Income?

Case

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PIT – 10%; Social Tax = 11% Pension – 10%; Minimum

PIT – 10%;
Social Tax = 11%
Pension – 10%;
Minimum Salary – for

2015 is KZT 21,364;

Case

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Calculation: Monthly pension payments are 10%; Minimum Salary equals to –

Calculation:
Monthly pension payments are 10%;
Minimum Salary equals to – 21,364 tenge.

Every employee is entitled to a benefit under the PIT, so part of the salary equal to the Minimum Salary (MS) is not subject to 10% PIT;
The rest amount is subject for the PIT equal to 10%.

PIT

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Calculation: Salary – Deductions and Exemptions; – Pension; – Minimum Salary;

Calculation:
Salary – Deductions and Exemptions;
– Pension;
– Minimum Salary;
– Personal Income Tax.
I.e:

((Salary – Deductions and Exemptions) – Pension) – Minimum Salary) – Personal Income Tax = Net Income.

Case

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Calculation: Salary – Pension = (500,000 * 10%) = 450,000; PIT

Calculation:
Salary – Pension = (500,000 * 10%) = 450,000;
PIT = (450,000*10%)

= 45,000;
PIT = 45,000 (Wrong)

Wrong Calculation!!!

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Calculation: Salary – Pension = (500,000 * 10%) = 450,000; Salary

Calculation:
Salary – Pension = (500,000 * 10%) = 450,000;
Salary – Minimum

Salary = (450,000 - 21,364) = 428,636;
PIT = (428,636*10%) = 42,863.6;
PIT = 42.863.6

Proper Calculation

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When COMPANY (Tax Agent) has to pay Personal Income Tax?

When COMPANY
(Tax Agent)
has to pay Personal Income Tax?

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Who pays PIT?

Who pays PIT?

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“LLP GARANT” wants to sign a contract for provision of legal

“LLP GARANT” wants to sign a contract for provision of legal

services with Arman – the lawyer. Amount of Contract is KZT 300,000.
Who will pay PIT for Arman, if they sign:
Labor Contract?
Service Contract assuming that Arman is not IP?
Service Contract assuming that Arman is IP?

Case

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PIT and Social Tax

PIT and Social Tax

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Calculation: Salary – Deductions and Exemptions; – Pension; – Social Tax.

Calculation:
Salary – Deductions and Exemptions;
– Pension;
– Social Tax.
I.e: ((Salary – Deductions

and Exemptions) – Pension) – Social Tax.

Social Tax

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LABOR CONTRACT KZT 300,000. PIT = Taxable Income – Deductions –

LABOR CONTRACT KZT 300,000.
PIT = Taxable Income – Deductions – Pensions

– Minimum Salary – PIT = Net Income;
Pension: 300K – (300K * 10%) = 270,000;
Minimum Salary = 270,000 - 21,364 = 248,636;
PIT = 248,636 * 10% = 24,864.
Social Tax = (Taxable Income – Pensions) * 11% = (300,000 – 30,000)*11% = 29,700;
Total Taxes = PIT + Social Tax =
= 24 863 + 29 700 = KZT 54 563

Case

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Calculation: Salary – Deductions and Exemptions; – Pension; – Minimum Salary;

Calculation:
Salary – Deductions and Exemptions;
– Pension;
– Minimum Salary;
– Personal Income Tax.
I.e:

((Salary – Deductions and Exemptions) – Pension) – Minimum Salary) – Personal Income Tax = Net Income.

Case

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Amount of Contract is KZT 300,000. SERVICE CONTRACT Arman is not

Amount of Contract is KZT 300,000.
SERVICE CONTRACT
Arman is not an IE

(Individual Entrepreneur)
Taxable Income – PIT = Net Income;
300,000 – (300,000 * 10%) = 270,000.
PIT = 30,000 tenge

Case

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Amount of Contract is KZT 300,000. SERVICE CONTRACT Arman is not

Amount of Contract is KZT 300,000.
SERVICE CONTRACT
Arman is not an IE

(Individual Entrepreneur)
Company has to pay = 30,000.

Case

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Amount of Contract is KZT 300,000. SERVICE CONTRACT Arman is an

Amount of Contract is KZT 300,000.
SERVICE CONTRACT
Arman is an IE (Individual

Entrepreneur)
Company doesn’t have to pay any taxes for Arman.

Case

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“LLP GARANT” wants to sign a contract for provision of legal

“LLP GARANT” wants to sign a contract for provision of legal

services with Arman – the lawyer. Amount of Contract is KZT 300,000.
Who will pay PIT for Arman, if they sign:
Labor Contract = 54 563 tenge
Service Contract:
Arman is not IP = 30,000 tenge;
Arman is an IP = 0 tenge.

Case

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Tax Regimes of the IP: Generally Established Procedures; Special Tax Regimes:

Tax Regimes of the IP:
Generally Established Procedures;
Special Tax Regimes:
On the Basis

of Patent;
On the Basis of Simplified Declaration;

Individual Entrepreneur

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Generally Established Procedures: PIT – 10%; Social Tax – 2 MS

Generally Established Procedures:
PIT – 10%;
Social Tax – 2 MS for oneself

and 1 MS for each employee of the IP;
Pension: personally identify the income from which pension contributions will be paid. Shall not be less than 10 MS (10* 21,364) and not more than 75 MS (75* 21,364).

Individual Entrepreneur

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SERVICE CONTRACT Arman is an IE: Generally Established Proc. Amount of

SERVICE CONTRACT
Arman is an IE: Generally Established Proc.
Amount of Contract is

KZT 300,000.
Expenses – KZT 50,000;
Taxable Income – 250,000;
PIT: 250,000 * 10% = 25,000;
Social Taxes – 2 MS = 2 * 21,364 = 42,728;

Case

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Special Tax Regime - Patent: PIT – 1%; Social Tax –

Special Tax Regime - Patent:
PIT – 1%;
Social Tax – 1%
*Note: IP

can not hire employees and doesn’t have the rights to make deductions from the Taxable Income.

Individual Entrepreneur

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SERVICE CONTRACT Arman is an IE: Patent Amount of Contract is

SERVICE CONTRACT
Arman is an IE: Patent
Amount of Contract is KZT 300,000.
Expenses:

KZT 50,000;
Taxable Income: 300,000;
PIT: 300,000 * 1% = 3,000;
Social Taxes: 300,000 * 1% = 3,000;

Case

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Special Tax Regime – Simplified Declaration: PIT – 1,5%; Social Tax

Special Tax Regime – Simplified Declaration:
PIT – 1,5%;
Social Tax – 1,5%;
*Note:

IP doesn’t have the rights to make deductions from the Taxable Income.

Individual Entrepreneur

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SERVICE CONTRACT Arman is an IE: Simplified Declaration Amount of Contract

SERVICE CONTRACT
Arman is an IE: Simplified Declaration
Amount of Contract is KZT

300,000.
Expenses – KZT 50,000;
Taxable Income – 300,000;
PIT: 300,000 * 1,5% = 4,500;
Social Taxes: 300,000 * 1,5% = 4,500;

Case

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Types of Taxes

Types of Taxes