I. INVESTMENT CONTRACT
Investment contract is a contract between an investor and Investment Committee, which regulates the terms of financing in development and operation of new and expanding as well as renewing existing facilities.
Eligibility
An investor can employ an investment contract if they:
- construct new production facilities;
- expand and modernise existing production facilities;
- implement a project aligned with the activities listed in the list of priority activities.
An investment contract can be used for projects within public-private partnership initiatives, including concession projects.
Incentives
Under investment contracts, legal entities are exempted from customs duties when importing technological equipment, components, spare parts, and raw materials. The exemption is valid for an investment contract term but not exceeding 5 years from the date of its registration with the Investment Committee. Also, the exemption can vary depending on the investment amount in fixed assets and on compliance of the investment contract with the list of priority activities.
Investment contract allows an investor to receive the following incentives:
- Exemption from customs duties and value added tax on imports;
- State in-kind grants.
II. INVESTMENT PRIORITY CONTRACT
This type of investment contracts is used for:
- Building new production facilities requiring investments from a legal entity totaling approx. USD 15,000,000;
- Expanding and modernising existing production facilities with investments from a legal entity amounting to approx. USD 39,000,000 or above;
- Implementing an investment project in accordance with the types of activities included in the priority activities list.
Provision
- Only Kazakhstan legal entities can employ such contracts;
- Investment thresholds of approx. USD 15,000,000 (for new production facilities) or USD 39,000,000 (for the expansion and renewal of existing facilities.) For investment activities in the areas of FMCG, light industry, tourism, hospitality, the amount of investment is less than these thresholds;
- In case legal entity involves state and quasi-state companies, such companies cannot retain more than 26% of the entity share, except for mechanical engineering facilities which can allow for increased state companies participation;
- Priority investment activity cannot employ a public-private partnership agreement or a concession agreement.
Stability of Legislation
Even though the tax and foreign labour legislation may be amended, investment priority contracts’ provisions remain unchanged. The guarantee of such stability is established in the Entrepreneurial Code.
Tax Incentives
● 0% corporate income tax;
● 0% land tax;
● 0% property tax.
III. SPECIAL INVESTMENT CONTRACT
A special investment contract is an initiative implemented by a Kazakhstan entity registered in a special economic zone or as the owner of a free warehouse under the customs legislation.
Type of Activity
The investment contract is concluded when a legal entity implements special investment contracts in accordance with the types of priority activities included in the priority activities of each special economic zone.
Investment Incentives
Exemption from:
● 0% сorporate income tax;
● 0% property tax;
● 0% land tax;
● 0% land use fees;
● 0% value-added tax (VAT) for goods sold within the special economic zone territory which are entirely used in carrying out the special economic zones priority activities;
● Customs duties and fees, as provided by the customs legislation of the Republic of Kazakhstan.
IV. INVESTMENT AGREEMENT
An investment agreement is an agreement for executing an investment project based on a decision of the Government, involving an authorised signatory by the Government and a legal entity. Investment agreements require investments amounting to at least USD 58,900,000.
Stability of Legislation
Even though the tax legislation may shift, investment agreements’ provisions remain
unchanged for 25 years.
Types of Tax Incentives
● 0% corporate income tax;
● 0% land tax;
● 0% property tax;
● Reduction of tax liabilities;
● Reimbursement of up to 20% of the construction and installation costs; purchase of equipment excludes VAT and excise taxes;
● Other preferences in accordance with the terms of the Agreement;
● Validity period – 25 years.
V. INVESTMENT COMMITMENT AGREEMENT
An investment commitment agreement involves financing capitalisable subsequent costs and/or expenses for acquiring, producing, and constructing new fixed assets. Investment commitment agreements require investments amounting to at least USD 589,000,000.
Type of Activity
● an export-oriented commodity producer, with the exception of subsoil users producing hydrocarbons and manufacturers of oil products;
● a large or medium-sized business entity;
● does not produce excisable goods;
● does not apply special tax regimes.
Stability of Legislation
Even though the tax legislation may shift, investment commitment agreements’ provisions remain unchanged for 10 years.
Investment Incentives
Taxes are calculated according to the tax regime in effect at the time the agreement is concluded, for the following taxes and fees:
● VAT and excise tax;
● Payment for emissions into the environment;
● Personal income tax;
● Corporate income tax withheld at the source of payment.
Unicase is a leading Central Asian law firm operating locally and internationally, with a strong presence in Kazakhstan, as well as in Uzbekistan, Kyrgyz Republic, Tajikistan, and Turkmenistan. Unicase has one of the strongest Expert Teams, well known for regulatory and law drafting capabilities, who, alongside a strong transactional background and expertise, have allowed the firm to win major development projects and continue to be the first-choice advisers for legislation development issues.
