The amount of value added tax offset by the recipient of goods, works, services, who is a payer of value added tax, is the amount of value added tax payable for the goods, works and services received, if they are used or will be used for the purposes of taxable sales turnover.

The value added tax offset is indicated in the documents issued by the supplier of goods, works and services, who is a payer of value added tax, and these are: an invoice; a travel ticket; a document confirming the fact of travel by air transport; in the case of import of goods - in the declaration for goods issued in accordance with customs legislation; in the case of the purchase of works, services provided by a non–resident and being the turnover of the buyer of such works, services - in the value added tax declaration.

Also, in the case of registration of a person for value added tax, the value added tax payer has the right to offset value added tax on goods owned on the date of registration for value added tax, which were purchased, created, built before the date of registration for value added tax value added tax.

Important! This right, in the case of registration of a person for value added tax, does not apply to goods received by a newly created legal entity as a result of reorganization.

In which tax period is the amount of value added tax offset?

Value added tax, which is offset, is taken into account in the tax period that accounts for the latest of the following dates:

1) date of receipt of goods, works, services;

2) the date of issue of the invoice or other document that is the basis for crediting.

In the case of imports of goods, the value added tax offset is taken into account in the tax period that accounts for the latest of the following dates:

1) the date of payment to the budget, including through offsets;

2) the date of customs clearance carried out in accordance with the customs legislation of the Eurasian Economic Union and (or) the customs legislation of the Republic of Kazakhstan, or the last day of the tax period in the application for the import of goods and payment of indirect taxes for which such tax is calculated.

In the case of the acquisition of TRU from a non-resident, the value added tax is offset in the tax period that accounts for the latest of the following dates:

1) the date of payment to the budget, including through offsets;

2) the last day of the tax period in the value added tax declaration for which such tax is calculated.

According to the additional invoice, the value added tax that is offset is taken into account in the tax period on which the date of issue of such an invoice falls.

Value added tax on the corrected invoice is taken into account in the tax period in which the cancelled invoice falls, except if the dates of turnover in the cancelled and corrected invoice differ and fall on different tax periods.

Important! If the date of the statement on paper is indicated in the invoice issued in electronic form, then such date is recognized as the date of the statement of the invoice, i.e. it is offset by the date of the statement on paper.

Value added tax, which is offset when purchasing electric and (or) thermal energy, system services in accordance with the Law of the Republic of Kazakhstan "On Electric Power Industry" is taken into account in the tax period on which the date of turnover for the sale of such goods, works, services falls.

Value added tax is not deductible.

1. Value added tax, which is not offset, is recognized as value added tax, which is payable in connection with the receipt of:

1) goods, works, services that are used or will be used for non-taxable turnover, if the value added tax payer applies the method through maintaining a separate;

2)passenger cars registered (accounted for) as fixed assets;

3) goods, works, services for which:

the identification number of the person who issued such a document and (or) the person to whom such a document was issued is not reflected or incorrectly reflected in the document that is the basis for crediting;

the invoice does not reflect data on the date of issue of the document, the invoice number, the name of the product, work, service, and the amount of taxable turnover;

the invoice is not certified in accordance with the requirements of Article 412 of the Tax Code;

the invoice was issued on paper in violation of the requirements of paragraph 1 of Article 412 of the Tax Code;

the invoice is issued on paper and has not been entered into the electronic invoice information system;

4) goods, works, services, under a civil transaction, the payment of which was made in cash, taking into account value added tax, regardless of the frequency of payment and exceeds 1,000 times the monthly calculation index established by the law on the republican budget and valid on the date of payment;

5) goods, works, services that are used or will be used for the construction of a residential building intended for sale in the form of turnover, both exempt and subject to value added tax;

6) goods, works, services purchased at the expense of the liquidation fund placed on a special deposit account with a bank in the territory of the Republic of Kazakhstan;

7) goods, works, services purchased by autonomous educational organizations at the expense of the target contribution received by them, provided for by the budget legislation of the Republic of Kazakhstan, or financing free of charge from the funds of such a target contribution;

8) goods, works, services purchased by the lottery operator, which are used or will be used for the purposes of conducting lotteries.

2. It is not recognized as a value added tax that is offset:

1) the commission agent has a value–added tax payable on goods, works, services purchased for the committee on terms consistent with the terms of the commission agreement;

2) from the forwarder – value added tax payable on works, services purchased from the carrier and (or) other suppliers in the performance of duties under the freight forwarding agreement for the party who is a customer under such an agreement.

3.Value added tax on goods, works, services that are used or will be used for the construction of a residential building intended for sale in the form of turnover, both exempt and taxable, is taken into account by the value added tax payer engaged in the construction of a residential building separately in the tax register for the purposes specified in Article 410 of the Tax Code, and is reflected in the declaration before:

the occurrence of the case of the sale or lease of a part of a residential building consisting exclusively of non-residential premises;

commissioning of such a residential building in accordance with the legislation of the Republic of Kazakhstan.

When an exception is made from the amount of VAT attributed to the offset.

Value added tax, previously recognized as a value added tax, which is offset, is subject to exclusion in the following cases:

1) on a transaction (operation) for which the action (actions) on the statement of an invoice and (or) another document is recognized (recognized) by a court or a decision of a criminal prosecution body to terminate a pre-trial investigation on non-rehabilitating grounds committed by a private business entity without actually performing work, rendering services, shipping goods;

2) on a transaction declared invalid on the basis of a court decision that has entered into force;

3) in part of the amount erroneously reflected in the document, which is the basis for crediting value added tax;

4) for transactions made without the actual performance of works, provision of services, shipment of goods with a taxpayer who was removed from the value added tax registration on the basis of a decision of the tax authority in accordance with the head and (or) founder (participant) of which is not involved in registration (re-registration) and (or) the implementation of financial andthe economic activity of such a legal entity established by a court decision that has entered into force, with the exception of transactions for which the court has established the actual receipt of goods, works, services from such a taxpayer.

The exclusion from the amount of value added tax offset, in the above cases, is made in the tax period in which the value added tax was previously recognized as a value added tax offset in the declaration.