Fundamental principles of taxation

The tax legislation of the Republic of Kazakhstan shall be based upon the taxation principles. The principles of the obligatory nature, of the certainty, fairness of taxation, unity of the tax system and publicity of the tax legislation of the Republic of Kazakhstan shall be recognized as the taxation principles.

The Principle of the Obligatory Nature of Taxation. The taxpayers shall be obliged to perform tax obligations, the tax agents - the obligation of the assessment, with holding and transferring taxes in accordance with the tax legislation of the Republic of Kazakhstan in full volume and within established time.

The Principle of Certainty of Taxation. Taxes and other obligatory payments to the budget of the Republic of Kazakhstan must be well-defined. The certainty of taxation shall be understood as establishing in the tax legislation of the Republic of Kazakhstan of all reasons and procedure for the emergence, implementation and termination of tax obligations of taxpayers, duties of tax agents with regard to the assessment, withholding and transfer of taxes.

The Principle of Fairness of Taxation. Taxation in the Republic of Kazakhstan shall be universal and obligatory. It shall be prohibited to grant tax privileges of individual nature.

The Principle of Unity of the Tax System. The tax system of the Republic of Kazakhstan shall be uniform in the entire territory of the Republic of Kazakhstan with regard to all taxpayers (tax agents).

The Principle of Publicity of Tax Legislation of the Republic of Kazakhstan. Regulatory legal acts which regulate issues of taxation shall be subject to obligatory publication in official publications.

The Principle of Equality. Equality is a fundamental principle of taxation. The taxing power of the legislature must always be exercised in such a way that the burdens imposed by taxation are laid as equally as possible on all classes. The progressive tax, which imposes a higher rate of taxation upon individuals with large incomes than on those with small incomes, is an attempt to achieve this objective.

Equality in taxation is achieved when no higher rate in proportion to value is imposed on one individual or his or her property than on other people or property in similar circumstances. Equality does not mandate that the benefits that arise from taxation should be enjoyed by all the people in equal degree or that each individual should share in each particular benefit.

The Principle of Uniformity. The principle of uniformity of taxation bears a close relation to the concept of equality because similar items are taxed equally only if the mode of assessment is the same or uniform.

A tax that is levied upon property must be in proportion or according to its value, ordinarily determined as its fair cash or fair market value. This requirement protects equality and uniformity of taxation by preventing Arbitrary or inconsistent methods of determining how much tax is due. This requirement applies only to property taxes, not to excise taxes.

Дата добавления: 2014-10-17