Sale of an apartment received as a gift: when does the obligation to pay the personal income tax arise?
We explain the procedure for taxation of personal income when selling real estate received as a gift.
For example, a citizen received an apartment as a gift in 2025 and decided to sell it in 2026. In this case, is there an obligation to pay individual income tax (IIT)?
In accordance with Articles 382 and 383 of the Tax Code of the Republic of Kazakhstan, when selling residential real estate, tax obligations depend on the period of ownership of the property and the availability of income from the increase in value.
When does the income from the increase in value arise?**
When selling an apartment that has been owned for less than one year, if ownership was registered before January 1, 2026, or for less than two years, if ownership was registered after January 1, 2026, income from the increase in value may arise.
Income is defined as the positive difference between the sale price and the original value of the property.
When selling an apartment received free of charge, the initial cost is determined in accordance with the norms of the Tax Code. In particular, for real estate that is subject to personal property tax, the estimated value determined for calculating property tax as of January 1 of the year of ownership is applied.
What needs to be considered?
If a taxable income arises as a result of the sale, the individual independently calculates the personal income tax, submits a declaration of income and property and pays the tax within the time limits established by law.
In order to determine tax obligations, it is necessary to take into account the date of state registration of ownership rights, the type of real estate and the applicable provisions of the Tax Code.
The Department of State Revenue for Kostanay region recommends that citizens clarify their tax obligations in advance when planning real estate transactions.