SaaS Sales Tax in Kazakhstan: Essential Information for Businesses

As a business operating in Kazakhstan, staying up-to-date with the latest sales tax regulations regarding Software as a Service (SaaS) is crucial. Understanding the specific tax rates, filing requirements, and record-keeping obligations is essential for ensuring compliance and avoiding penalties. In this guide, we will delve into the essential aspects of SaaS sales tax in Kazakhstan, providing actionable advice for businesses to navigate this complex landscape effectively.

SaaS companies in Kazakhstan are subject to a value-added tax (VAT) rate of 12%, which is the standard rate for most goods and services. This VAT applies to all taxable SaaS services sold to customers within the country. It is important to note that there are no reduced VAT rates applicable to SaaS in Kazakhstan, and no digital goods or services are exempt from VAT.

In terms of compliance requirements, businesses must register for VAT if their annual taxable turnover exceeds the threshold set by the tax authorities. Once registered, businesses are required to file VAT returns on a quarterly basis and settle their tax liabilities by the 25th day of the second month following the end of the reporting period. For example, the VAT return for the first quarter (January-March) is due on May 25th. Additionally, businesses are required to keep all VAT-related records, including invoices and receipts, for a minimum of five years.

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Kazakhstan

Kazakhstan adopted a VAT system in 1992 to improve revenue collection and modernize its tax administration.

Official government link: Committee of State Revenues

12.00%

E-products and services VAT/Sales tax rate

Reduced tax rate product categories

Some economic special zones might be benefited with zero rate goods

Exempted product categories

No digital goods or services are exempt in Kazakhstan

Reverse charge mechanism for B2B sales

Yes

Tax ID validation required

Yes

When do you have to register

Before commencing any taxable activity

Online registration possible

Yes

Local representative needed

Not mandatory

Registration procedure

The registration process for electronic service providers is simplified. It only requires sending a confirmation letter by post to the tax authority with the following details:

– The complete name of the foreign company;
– The tax registration number (or its equivalent), if such a number exists in the country where the company is incorporated or where the non-resident resides;
– State registration numbers (or their equivalent) in the country of incorporation of a non-resident or the country of residence of a non-resident;
– Banking information from which the value-added tax will be paid when conducting electronic commerce in goods, providing services in electronic form to individuals;
– Postal details (official email address, address of the location in the country of incorporation or the country of residence of a non-resident).

List of digital and electronic services liable for tax

– Electronic books, pictures, films, and videos, whether purchased as a copy from Shopify or accessed through a service (like Amazon Prime). In tax documents, these items are categorized as “Audio, visual or audiovisual products”.
– Music that can be downloaded or streamed, whether it’s buying an MP3 or using music services.
– Software based in the cloud and as-a-Service products (such as SaaS, PaaS, IaaS).
– Websites, services for hosting sites, and providers of Internet services.
– Online advertisements and affiliate marketing.

Penalties

The Code of Administrative Offences stipulates administrative fines for breaches of tax laws, which include:

– Under-reporting of taxes — a penalty ranging from 20% to 80% of the under-reported sum;
– Neglecting to withhold taxes — a penalty between 20% and 50% of the tax that was not withheld.
Interest is levied on overdue tax payments at a rate equivalent to 1.25 times the base rate of the National Bank (currently at 9%) for each day of delay.

Generally, a person is considered to have committed the crime of tax evasion when the unpaid tax surpasses 50,000 MCI (around $354,000 in 2021). Tax evasion also encompasses the failure to file a declaration. The Criminal Code allows individuals who have committed a tax violation to be absolved from criminal liability if they willingly pay the taxes and other amounts owed to the budget and admit their fault.

Registration threshold

No threshold, non-resident companies must register for VAT

Filing interval

Quarterly

Filing deadline

By the 25th day of the second month following the reporting period

E-invoicing requirements

Not specified

Record keeping

Accounting documents must be kept for a minimum of 5 years. This period begins from the tax period that follows the one in which the tax obligation was determined based on these documents.

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Filing and Payment Requirements for SaaS Sales Tax in Kazakhstan

Timely filing and payment of SaaS sales tax is essential for businesses to ensure compliance and avoid potential penalties. VAT returns must be submitted electronically through the Tax Committee’s E-Cabinet platform. Businesses must pay their VAT liabilities by the due date mentioned above to avoid late payment charges. It is highly recommended to set up automated payment mechanisms to ensure timely fulfillment of tax obligations.

When it comes to record-keeping, businesses must maintain accurate and up-to-date records of all SaaS sales and related transactions. This includes invoices issued to customers, purchase orders, bank statements, and any other relevant documentation. Maintaining proper records will not only facilitate accurate VAT calculations but also enable businesses to support their tax filings with evidence in case of an audit. Consulting with a professional tax advisor can provide valuable guidance on record-keeping best practices and ensure adherence to relevant regulations.

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Practical Tips for Managing SaaS Sales Tax in Kazakhstan

As a SaaS business operating in Kazakhstan, adopting efficient tax management practices can streamline compliance and save valuable time and resources. Implementing an automated tax software solution can significantly reduce manual efforts associated with VAT calculations and filing. This software can automate the generation of VAT invoices, calculate tax liabilities accurately, and transmit tax returns electronically to the authorities. Additionally, exploring the use of e-invoicing can further simplify tax compliance by streamlining the process of issuing and receiving invoices electronically. While e-invoicing is not mandatory in Kazakhstan, it offers numerous benefits, including improved efficiency, reduced errors, and faster processing times. Regardless of the approach chosen, it is crucial to stay informed of any updates or changes to the tax regulations in Kazakhstan and seek expert advice when necessary. Consulting with a qualified tax professional can provide tailored guidance on managing SaaS sales tax effectively and mitigating potential risks.

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