Kazakhstan: Latest tax amendments make the use of double tax treaties more difficult

11 Jan 2023    2 minute read

In brief

In December 2022, Kazakhstan amended its Tax Code1. Below we summarize some of the most important amendments:

Contents

  1. Additional Restrictions on Treaty Benefits for Dividends/Royalty and Interest. From 1 January 2023, additional restrictions were imposed on the possibility for a Kazakhstani company to apply double tax treaty benefits in relation to dividends, royalty or interest payable to its foreign related party. In particular, if the recipient of income (related party) is a tax resident of the country, the double tax treaty of which with Kazakhstan has been amended by the OECD Multilateral Instrument,2 the treaty rates may only be applied if the recipient is subject to an effective income tax rate of at least 15% on the dividends, royalty or interest in its home country.

    This amendment is clearly in breach of applicable double tax treaties which do not impose such restrictions and which override domestic tax laws in the event of discrepancies. However, this amendment will likely be enforced in practice anyway.
  2. The Definition of Withholding Agents in Share Deals has been Expanded. With effect from 21 February 2023, individuals who are not independent contractors will also become withholding agents in relation to capital gains in share deals. As such, they will need to deduct the capital gains tax from the purchase price and pay it to the state.

    Technically, this amendment could be adopted not later than 1 July of 2022. However, it will likely be enforced in practice anyway.

Recommended actions

  • If you have a Kazakhstani subsidiary that plans to pay dividends, royalty or interest to its offshore related party, we suggest preparing paperwork confirming payment of income tax in the home country and providing it to the subsidiary. If the recipient is not subject to tax (or the tax is lower than 15%), the application of treaty rates on dividends, royalty or interest should be discontinued.
  • If you have a share deal with a citizen of Kazakhstan who is not an independent contractor, you may wish to consider the capital gains tax implications in Kazakhstan.

*****

For further information and to discuss what the above developments might mean for you, please get in touch with your usual Baker McKenzie contact.

___________________________

1 Law of the Republic of Kazakhstan No. 165-VII ZRK dated 21 December 2022 “On Introducing Changes and Additions to the Code of the Republic of Kazakhstan On Taxes and Other Mandatory 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 Mandatory Payments to the Budget (Tax Code)”. Multilateral Convention to Implement Tax Treaty Related Measures to Precent Base Erosion and Profit Shifting.

2 Multilateral Convention to Implement Tax Treaty Related Measures to Precent Base Erosion and Profit Shifting.

Contact Information
Igor Kolupayev
Counsel
Almaty
Read my Bio
igor.kolupayev@bakermckenzie.com

Copyright © 2025 Baker & McKenzie. All rights reserved. Ownership: This documentation and content (Content) is a proprietary resource owned exclusively by Baker McKenzie (meaning Baker & McKenzie International and its member firms). The Content is protected under international copyright conventions. Use of this Content does not of itself create a contractual relationship, nor any attorney/client relationship, between Baker McKenzie and any person. Non-reliance and exclusion: All Content is for informational purposes only and may not reflect the most current legal and regulatory developments. All summaries of the laws, regulations and practice are subject to change. The Content is not offered as legal or professional advice for any specific matter. It is not intended to be a substitute for reference to (and compliance with) the detailed provisions of applicable laws, rules, regulations or forms. Legal advice should always be sought before taking any action or refraining from taking any action based on any Content. Baker McKenzie and the editors and the contributing authors do not guarantee the accuracy of the Content and expressly disclaim any and all liability to any person in respect of the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or any part of the Content. The Content may contain links to external websites and external websites may link to the Content. Baker McKenzie is not responsible for the content or operation of any such external sites and disclaims all liability, howsoever occurring, in respect of the content or operation of any such external websites. Attorney Advertising: This Content may qualify as “Attorney Advertising” requiring notice in some jurisdictions. To the extent that this Content may qualify as Attorney Advertising, PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. Reproduction: Reproduction of reasonable portions of the Content is permitted provided that (i) such reproductions are made available free of charge and for non-commercial purposes, (ii) such reproductions are properly attributed to Baker McKenzie, (iii) the portion of the Content being reproduced is not altered or made available in a manner that modifies the Content or presents the Content being reproduced in a false light and (iv) notice is made to the disclaimers included on the Content. The permission to re-copy does not allow for incorporation of any substantial portion of the Content in any work or publication, whether in hard copy, electronic or any other form or for commercial purposes.