"Deducted" half a million tenge
Free-style interpretation of the tax law makes the business to lose considerable sums
An incident that occurred with one of the South-Kazakhstani businesswoman proves the fact that the district tax authorities use any possibilities offered to them by law to interpret the articles of the Tax Code as beneficial for them.
An individual entrepreneur from Aris district of SKR Bakhtygul Nagmetova four years ago bought the existing shopping center for 81 million tenge. This amount included all property in the mall at the time of registration of the contract of sale. Consumer equipment (shelves, refrigerators, office equipment, etc.) have been estimated at 44 million 220 thousand tenge. This spring, the entrepreneur received a notice from the district tax bodies that it must pay the property tax on the entire purchase amount, that is, 81 million tenge. And it is one million tenge. Allegedly due to the fact that the purchaser of the shopping center didn’t sign an act of acceptance and transfer of goods and a separate value of the acquired assets was not reflected in the sales contract.
At the same time the tax bodies referred to the relevant article of the Tax Code, where the basis of calculation of the property tax is the sum of the acquisition on the sales contract.
B. Nagmetova appealed to the Chamber of entrepreneurs for help. The experts of the Chamber of, in turn, studied the essence of the issue, they did not agree with the actions of the tax authorities of Arys district. Because the same Tax Code contains another article, which states that in the case where there are no primary documents confirming the cost of objects of taxation, or the price of which is unknown, the property tax is calculated according to market value. The market value is determined in the evaluation report carried out by agreement between the appraiser and the taxpayer in accordance with the legislation of Kazakhstan on valuation activities. The experts of the Chamber sent to the Department of State Revenue for SKR the arguments in favor of the entrepreneur. A public authority has confirmed them and gave explanations about the legality of calculating property tax. Thus, in this particular case, the district tax treated articles of the Tax Code as it is convenient for them. As a result, after the intervention of the Chamber, instead of millions the entrepreneur will have to pay 400 thousand tenge for the property tax.
Please, join our Telegram channel to stay up to date on the latest news.
Leave comment:
Comments: