The following describes the practice of the local tax authorities which risks the foreign investors, including the German companies operating in the Republic of Kazakhstan, and provides our legal opinion with the further recommendations.
Based on the provisions of the Article 519 of the Code of the Republic of Kazakhstan dated December 25, 2017 No. 120-VI “On taxes and other obligatory payments to the budget” (“Tax Code”), the objects of taxation of property tax for legal entities are buildings, structures related to them in accordance with the classification established by the authorized state body that carries out state regulation in the field of technical regulation, parts of such buildings, accounted for in fixed assets. At that, machinery and equipment are not subject to taxation of property tax. Legal entities calculate property tax at a rate of 1.5 percent of the carrying amount of the building or construction. However, solar power plants are not specified in the provisions of the current Classifier of fixed assets. The following is a legal assessment of the attribution of all components of a solar power plant, including solar modules, to equipment.
The Republic of Uzbekistan is currently making considerable efforts to solve environmental problems, in particular waste management, and is reforming its legislation in this area. In April 2019, the President of Uzbekistan adopted a “Solid Waste Management Strategy for the period 2019-2028” (further “the Strategy”). Its aim is to create an effective system for the treatment of waste. The reform will affect all companies that generate waste, including those in the life sciences industry. This new, long-term strategy of Uzbekistan also opens up great opportunities for potential investors to implement various projects in the field of waste management.
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