The term for issuing electronic invoices (EI) will be changed from 2023 in Kazakhstan.
The deadlines for issuing EI from the limitation period are planned to be changed. Such a norm is spelled out in the draft Law “On Amendments and Additions to the Code of the Republic of Kazakhstan “On Taxes and Other Obligatory Payments to the Budget” (Tax Code) and the Law of the Republic of Kazakhstan “On Enactment of the Code of the Republic of Kazakhstan “On Taxes and other obligatory payments to the budget” (Tax Code)”.
Currently, the term for the buyer to apply for an invoice after the fact in cases where at the time of sale the seller has the right not to issue it, or is limited by the limitation period, or is not regulated at all. This situation entails a significant administrative burden on the sellers, since the seller is obliged to submit an additional F.300 (VAT Declaration) with each invoice post factum. Thus, the seller bears additional costs due to the fault of the late appeal of buyers.
In order to reduce the administrative burden on suppliers and eliminate some negative consequences for suppliers it is planned to amend Articles 412 and 413 of the Tax Code of the Republic of Kazakhstan from January 1, 2023, in terms of setting the deadlines for issuing electronic invoices.
After the changes, if, for example, according to paragraphs. 1.2 of paragraph 13 of Article 412 of the Tax Code, the Supplier is not obliged to issue an EI, then the Buyer may contact the Supplier within 180 calendar days. from the date of the turnover (determined in accordance with Article 379 of the Tax Code) with the requirement to issue him an EI for this turnover, and the Supplier will be obliged to fulfill this requirement no later than 195 calendar days. after the date of such transaction. And if the last term for the Buyer's application for EI expires on the 180th calendar day after the date of turnover, then the supplier is still given the usual 15 calendar days for an EI statement, as a result 180 +15 = calendar days from the date of turnover, as explained by paragraph 2 of Article 413 of the Tax Code in the new edition.
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