Legislation
The Mutual Agreement Procedure with a Foreign State as a Defense Mechanism in Tax Disputes
#4 (148), September 2024According to the author's observations, since the introduction of administrative justice in Kazakhstan, the quality of tax dispute resolution has been steadily improving. This is not only reflected in the favorable court statistics for businesses and citizens, but also in the evolving status of administrative courts. Much of this progress is driven by judges adopting new, and at times quite bold, approaches to resolving longstanding legal conflicts.
Labor Relations with the Head of a Legal Entity in Kazakhstan when Changing the Composition of Participants or Shareholders
#3 (147), June 2024 special issueIn this article, we consider topical issues of legal execution of continuation or termination of labor relations with the head of a legal entity when changing the composition of participants or shareholders. We evaluate the action scenarios on implementation of the Kazakhstan legislation requirement to enter into a new employment contract or terminate labor relations with the head. The article also highlights certain legal risks for the parties to labor relations and ways to mitigate some of them.
AIFC versus National Legislation of the Republic of Kazakhstan: Incorporation and Registration of Legal Entities
#5 (143), November 2023nvestors considering the possibility of launching their businesses in Kazakhstan have been increasingly focusing on the attractive conditions offered by the Astana International Financial Centre (the "AIFC"). Over 6 years of activities of the financial centre, more than 2,000 organizations have been successfully registered with the AIFC. In most cases, investors opt for a "private company" (the "Private Company"), an organizational legal form of a newly established legal entity. As of today, there are 1,867 registered private companies.
Customs Risks for Importers of Goods for the Karachaganak Oil and Gas Field
#4 (142), September 2023The Karachaganak field (also known as Karachaganak) is one of the largest oil and gas fields in the world, located in the western part of Kazakhstan. This field is a joint project between the Government of the Republic of Kazakhstan and several international oil and gas companies.
Anti-Corruption Compliancein Charitable Activities
#6 (138), December 2022As the culture of corporate and social responsibility becomes more common, many local companies have started paying special attention to charity and allocating considerable funds to provide charitable assistance each year.
Review of the Upcoming Changes in Kazakhstan Tax Code: Cancellation of Dividend Tax Exemption and Limitations on Deductions for Related Non-Resident Supplier
#5 (137), November 2022Review of the upcoming changes in Kazakhstan Tax Code: cancellation of dividend tax exemption and limitations on deductions for related non-resident supplier
Separate Issues of Transition to Low-Carbon Economy: View of a Petroleum Lawyer
#5 (137), November 2022Climate changes present an extraordinary global issue beyond national borders. This issue requires adoption of coordinated decisions at all levels and carrying out global cooperation to help countries’ transition to low-carbon economy.
New Environmental Code: Forewarned Is Forearmed
#2 (128), April 2021State Accounting of Employment Agreements: Practical Tips for Employers to Work with the Unified Employment Agreements Accounting System
#6 (126), December 2020Continued. Please see beginning in article: Yemelyanova, L. A. Unified Employment Agreements Accounting System and Other Important Changes in Labor Legislation. Petroleum, No. 4, 2020.
Reformation of the gas market in Kazakhstan: major problems and legal aspects
#5 (125), October 2020This article examines the key problems domestic gas market in Kazakhstan faces right now and analyses, among other issues, current and future gas market designs as well as third-party access (TPA), unbundling, gas pricing and pipeline tariff setting regulation.
Unified Employment Agreements Accounting System and other Important Changes in Labor Legislation
#4 (124), September 2020What You Should Know When Purchasing an Oil&Gas or Mining Company
#1 (121), February 2020The sale and purchase of oil and gas or mining companies are one of the most complex transactions. There are many nuances in checking the acquired asset, obtaining transaction permits from state authorities, and taxation aspects.
Employer Awareness: Key Disabled Employment Obligations
#1 (121), February 2020It is unquestionably common knowledge that people with disabilities need special approach and special attitude as a vulnerable category of the population.
Peculiarities of FIDIC Contracts Adaptation to the Kazakh Legislation
#6 (120), December 2019Economic globalization and increasing number of cross-border transactions bring forth the objective need for contract documents unification. In the construction domain, this is resolved through FIDIC model contracts representing standardized forms of contracts for diverse construction operations.
Changes in Taxation of Non-residents
#3 (117), June 2019Kazakhstan legislation is fairly advanced and recent taxation initiatives for both corporate income and personal income demonstrate that Kazakhstan is in many ways ahead of other post-Soviet countries. For instance, the concept of taxation of income of foreigners at the level of the host local company acting as a tax agent in relation to income tax even for income paid outside Kazakhstan is widely developed in Kazakhstan.
The Position of the Tax Authorities Prevents the Transition to the Terms of a Standard Contract for Subsoil Use
#2 (116), April 2019After the adoption of the new Code "On subsoil and subsoil use" (Code), subsoil users have the opportunity to update their obligations by switching to a standard subsoil use contract (SC). But they are in no hurry to do so because of the uncertainty of taxation.