Реферат: Налогообложение Резидентов и Неризидентов в Казахстане
Реферат: Налогообложение Резидентов и Неризидентов в Казахстане
contents
Introduction
1 THEORETICAL ASPECTS OF FISCAL POLICY: TAXATION
1.1 Fiscal
policy
1.2 Taxation
1.2.1 MAJOR
TAXES and DUTIES
2 Features of Residents and Nonresidents taxation
2.1.
Features of Resident
2.2 Permanent establishment of a nonresident
2.3 Nonresidents’ income from sources in the
Republic of Kazakhstan
2.4 Procedure for the taxation of the income earned
by nonresident legal entities doing business without creating a
permanent establishment in the Republic of Kazakhstan
2.4.1 Procedure and
deadlines for the payment of income tax at the source of
payment
2.4.2 Provisions
specific to the calculation and payment of income tax on
capital gains from the realization of securities
2.5
Procedure for the taxation of the income earned by nonresident legal entities
doing business through a permanent establishment
2.5.1 Procedure for taxation of the net income of a nonresident
legal entity from doing business through a permanent establishment
2.5.2 Procedure for taxation of the income of a nonresident legal
entity in certain cases
2.6 Procedure for the taxation of the income of income of
nonresident individual
2.6.1
Procedure for calculation and payment of the income
tax on a nonresident individual whose activities lead to the creation of a
permanent establishment
2.6.2 Procedure for the
taxation of a nonresident individual’s income in certain cases
2.6.3 Procedure and
deadlines for prepayment of the individual income tax
2.6.4 Statement of anticipated individual income tax and individual
income tax return
2.7 Special provisions regarding international agreements
2.7.1 Proportional
distribution of expenses method
2.7.2 Direct deduction of
expenses method
2.7.3
Procedure for payment of the income tax on income earned by nonresidents from
activity in the Republic of Kazakhstan not leading to the creation of a permanent
establishment
2.7.4 Procedure for the
application of an international agreement with respect to taxation of income
from providing transportation services in international shipping
2.7.5 Procedure for the
application of an international agreement with regard to the taxation of
dividends, interest, and royalties
2.7.6 Procedure for the
application of an international agreement with regard to the taxation of net
income from doing business through a permanent establishment
2.7.7 Procedure for the
application of an international agreement with regard to the taxation of other
income from sources in the Republic of Kazakhstan
2.7.8 General
requirements for the filing of a request to apply the provisions of an
international agreement
Conclusion
Appendix A
Appendix B
THE LIST of USED SOURCES
Introduction
The taxes are a necessary part economic activity in a society from
the moment of occurrence the states. Development and change of the forms of the
state system always lead to transformation of tax system. Taxes – is basic
sources of incomes of the state in a modern civilized society. Besides this
especially financial function, taxes are used for economic influence of the
state on public manufacture, its structure, and on condition of scientific and
technical progress. Among economic levers,
through which the state influences market economy, the important place belongs
to the taxes. In conditions of market economy any state widely uses tax policy
as the regulator of influence on the negative event in the market. The taxes,
as well as all tax system, are the powerful tool of management of economy in
terms of the market. The application of the taxes is one of economic methods of
management and maintenance of interrelation of nation-wide interests with
commercial interests of the businessmen and enterprises, independent from
departmental subordination, patterns of ownership and legal form of the
enterprise.
With the help of the taxes determined the mutual relation of the
businessmen, enterprises of all forms is the properties with the state and
local budgets, with banks, and also with higher-level organizations. Through
the taxes the foreign trade activities are adjusted, include the attraction of
the foreign investments.
The tax system in Kazakhstan is
based on the Tax code enacted by the president’s Decree that has the force of
Law on Taxes and other obligatory Payments to the Budget The taxes are the
basic source of formation of a profitable part of the budget of Republic of
Kazakhstan. Not last role in it plays the taxes from the nonresidents.
According to the legislation on Kazakhstan foreign citizens - residents in the
Republic of Kazakhstan (RK) are subject to individual income taxation on their
worldwide income. Foreign citizens - nonresidents are subject to taxation only
on income received from Kazakhstan sources. The following types of
nonresidents’ income, among others, should be considered as received from
sources in Kazakhstan:
·
Income received from operations in the RK under
individual labor agreements (contracts) or under other agreements of a
civil-legal nature;
·
Directors fees and /or other payments received
by members of aboard of a resident legal entity, regardless of the place of the
actual performance of their functions;
·
Fringe benefits received in connection with
their assignment to Kazakhstan its rates;
Payment and other conditions are
regulated by the chapters 7, 10, 12, 15, 18 and other of Law on Taxes and other
obligatory Payments to the Budget. Taxation of foreign citizens in the RK is
also regulated by Conventions (agreements) on the avoidance of double taxation.
In case there is a Tax Convention signed between Kazakhstan and the other
foreign state, which may be applicable to a foreign employee, then the status
of residency is determined in compliance with this Convention. The Tax
Conventions do not regulate procedure of filing and regularity of tax payments.
However, based on the status of residency of a foreign employee determined by
the Tax Conventions specific reporting and taxation requirements stipulated by
the Kazakhstan tax legislation should be fulfilled with respect to residents or
nonresidents in the RK. In case the foreign employee is a resident of the other
foreign state, then he/she should be considered as a nonresident for taxation
purposes in Kazakhstan. In this case the foreign employee should file a
Certificate on the Estimated Personal In-come Tax and pay personal income tax
through the monthly transfer of advance payments. In case a foreign employee is
considered as a resident of Kazakhstan, then the statutory rules do not
contemplate filing of the Certificate on the Estimated Personal Income Tax and
contemplate in-come tax payment once a year at the time of filing the income
tax return from an individual for a year.
1. THEORETICAL ASPECTS OF FISCAL POLICY: TAXATION
1.1 Fiscal
policy
Fiscal (lat.
fiscalis - state) policy (politics) - is the aggregate of financial measures of
the state on regulation of the governmental incomes and expenditures. It
changes significant depending on put strategic tasks, as for example,
anticrisis regulation, maintenance high employment, struggle with inflation.
The modern fiscal policy defines basic directions of use of
financial resources of the state, means of financing and main sources of
updating of treasury. Depending on concrete - historical conditions in
different countries such policy (politics) has its own features. At the same
time in Developed Countries is used set of common measures. It includes
straight and indirect financial methods of regulation of economy.
To straight ways concern the means of budget regulation. By the
means of the state budget are financed:
1)
expense on expanding of reproduction;
2)
unproductive expenditures of the state;
3)
development of an infrastructure, scientific
researches and etc.:
4)
realization of structural policy (politics);
5)
the support of military producers complex etc.
With help of indirect methods state influences on financial
opportunity of the manufacturers of the goods and services and on the demand
sizes of customer. The important role here plays the System Taxation. Changing
the rates of the taxes on various kinds of the incomes, giving tax privileges,
reducing free minimum of the incomes etc., state aspires to achieve probably
steadier rates of economic Growth and to avoid sharp rises and falls of
manufacture.
To number of the important indirect methods assisting accumulation
of the capital, is the policy (politics) of the accelerated amortization. On
the essence, the state exempts the businessmen from payment taxes with part of
the profit, is artificial redistribute it in amortization fund. So, in Germany
in the beginning 70 years on a number of industries on amortization it was
authorized to write off till 20-30 of % of cost of a fixed capital in one year.
In Great Britain in first year of introduction in using of the new equipment it
was possible to deduct in fund of amortization 50 % of cost new instruments of
manufacture.
However in these cases the amortization is written off in the sizes,
that significant exceeding the valid deterioration basic capital, in
consequences the raise of price on made with the help of this equipment
production. If accelerated amortization expands financial opportunities of the
businessmen, simultaneously it deteriorates the condition of realization of
production and reduces purchasing power of population.
Depending on character of use direct and indirect financial methods
distinguish two kinds of fiscal policy of the state:
a)
Discretion
b) Non-discretion.
a) Discretion (lat. discrecio - working on itself discretion)
the policy (politics) means the following. The state consciously regulates its
expenditure and taxation with the purposes of improvements economic of
situation of the country. At the same time government takes into account the
following checked up on practice functional dependences between financial
variable.
The first
dependence: the growth of the state expenditures increases cumulative demand
(consumption and investments). Thereof increase output and employment of the
population. Is important to take into account, that state expenditures
influence on cumulative demand the same as to investments (work as the animator
of investment which has developed J. Keynes). The animator state expenditures
MG shows, how much grows total national product D GNP in result of increase of
these expenditures DG:
D GNP =DG ' MG
It is natural, that at reduction of state expenses G reduces the
volume of GNP.
Other functional dependence shows, that increase the sums of the
taxes are reduced the personal available income of household. In this case are
reduced demand and volume of production and employment of a labor. And on the
contrary: decrease (reduction) of the taxes conducts to increase of the
consumer expenditures, production and employment.
The change of the taxation gives multiply effect. However the
multiplier of the taxes is less than the multiplier of the investments and
state expenditures. Actually increase in unit of a gain of the investments (and
state expenditures) is directly influenced on increase in the volume of the
GNP. At reduction of taxes, grows available income, however part it goes on the
consumption, and stayed share is spent for the savings.
Mentioned functional dependences are used in discretion policy
(politics) of the state for influence on business cycle. Certainly, this policy
(politics) differs on different phases of a cycle.
For example, at
crisis the policy (politics) of economic growth will be carried out.
In interests of
growth GNP the state expenditures are increased, the taxes are reduced, and the
growth of the expenditures is combined with reduction the taxes so that
multiply effect on state expenses was more than multiply effect of the taxes. A
result is reduction of recession of manufacture.
When there is an inflationary growth of manufacture (rise, induced
by surplus of demand), the government will carry out policy (politics) that
hold back business activity - reduces the state expenditures, increases the taxes.
These measures are combined so that multiply effect of reduction of the
expenditures was more, than multiplier of growth of the taxes. In result the
cumulative demand is reduced and volume GNP accordingly decreases.
b) The second kind of fiscal policy - non-discretion, or
policy of the automatic (built - in) stabilizers. The automatic stabilizer -
economic mechanism, which without assistance of the state eliminates an adverse
situation on different phases business cycle. Basic built - in stabilizers are
tax receipt and social payments that are carried out by the state.
On a phase of rise, naturally, the incomes of firms and population
grow. But at the progressive taxation the sums of the taxes increased even
faster. In this period the unemployment is reduced, well being of needy
families is improved. Hence, decrease the payments of the unemployment benefits
and others social expenditures of the state. In a result the cumulative demand
is reduced, and it constrains economic growth.]
The tendency of transfer payment spending to rise during
recessions and fall during expansions results from the bases on which people
qualify to receive these payments. People qualify to receive welfare programs
only if their income falls below a certain level. They qualify for unemployment
compensation by losing their jobs. When the economy expands, incomes and
employment rise, and fewer people qualify for welfare or unemployment benefits.
Spending for those programs therefore tends to fall. When economic activity
falls, incomes fall. people lose jobs, and more people qualify for aid, so
spending for these programs rises.
Taxes affect the relationship between
real GDP and personal disposable income they therefore affect consumption
expenditures. They also influence investment decisions. Taxes imposed on firms
affect the profitability of investment decisions and therefore affect the
levels of investment firms will choose. Payroll taxes imposed on firms affect
the costs of hiring workers; they therefore have -impact on employment and on
the real wages earned by workers.
Exhibit below compares government revenues to government
expenditures since I996. We see that government spending in Kazakhstan has
systematically exceeded revenues, revealing an underlying fiscal deficit
between 4 percent and almost 9 percent of GDP, entailing substantial public
sector borrowing requirements. Until 1994, fiscal deficit had essentially
financed through monetary expansion by the Central bank, with a highly
detrimental effect on the rate of inflation during the period. Since then, the
National Bank of Kazakhstan has adopted a more independent monetary policy, and
fiscal deficits have basically financed either by the proceeds from
privatization of state assets or by borrowing foreign loans.
Sources: Statistics Agency of RK, 2001
On a phase of crisis tax receipts automatically fall and
reduced the sum of withdrawals from the incomes of firms and households.
Simultaneously grow payments of social character, including unemployment
benefit.
At result the
purchasing power of the population is increased, that helps to overcoming
recession of economy.
From mentioned above it is visible, how large place occupies
taxation in financial regulation of macroeconomic. So we can conclude that the
main direction of fiscal policy of the state is improving the legislations and
practice collection of tax.
Let's
take example for the most important version of the taxes – the income tax,
which is established on the incomes of physical persons and on profit of firms.
How the size of this tax is defined (determined)?
First is counted the total income - sum of all incomes that are
getting by the physical and legal entities from different sources. From the
total income by the legislation it is usual it is authorized deduct: 1)
industrial, transport, the travelers and advertising expenditures; 2) various
tax privileges (free minimum of the incomes; for example, in USA in 1990 this
minimum was 2050 dollars; the sums of the donations, privilege for the pensioners,
disable people etc.). Thus, taxed income is a difference between the total
income and the specified deductions.
It is important to establish optimum tax rate (size of the tax on
unit of taxation). The following rates of the tax differ:
· hard, which are
established on unit of object independently on its cost (for example, motor
vehicle);
· proportional,
i.e. uniform percent(interest) of payment of the taxes independently on the
sizes of the incomes;
· progressive,
growing with increase of the incomes.
The practice shows, that at the extremely high rates of taxes
discourages to work and to the innovation. Sharp increase in 60-70-е years in western countries of tax burden
has resulted the negative consequences. It has caused " Tax revolts
", wide evasion from the taxes, promoted outflow of the capitals and
flight of the addressees of the high personal incomes in the countries with one
lower level of the taxation.
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