Article 122 of the Tax Code of the Republic of Kazakhstan provides for the procedure for offsetting and refunding paid and (or) overpaid amounts of taxes, payments to the budget, penalties and fines.
Overpaid amounts are offset by the tax authority in the national currency, both without filing a tax application and on the basis of a taxpayer's application.
When offsetting without a taxpayer's application, the funds are allocated in the prescribed order: first to pay the tax obligations that have occurred, then to repay arrears, penalties and fines.
At the taxpayer's request, the overpayment can be offset against upcoming payments for the relevant type of tax and (or) payment to the budget or repayment of tax arrears in the cases provided for by the Code.
The refund of funds is carried out on the basis of a tax statement by transfer to the taxpayer's bank account.
If a taxpayer has a tax debt, the overpaid amounts are first offset against its repayment. The remaining amount after the set-off is subject to refund. If there is no debt, the refund is made in accordance with the established procedure.
Terms of credit and refund
Excessively (erroneously) paid amounts of taxes, payments to the budget (with the exception of state duties) and penalties are subject to offset and (or) refund for the current year, as well as for previous calendar years within the limitation period.
A separate repayment period is provided for the state fee — three years from the date of its payment to the budget.
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