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Questions and answers on legalization

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30 questions and answers on legalization

In accordance with the Law of RK “On remission of citizens of the Republic of Kazakhstan, repatriates and people who have a resident permit in the Republic of Kazakhstan because of their legalization of property” information privacy received in the process of legalization of property guaranteed with the laws of the Republic of Kazakhstan.  

1. During which period legalization of property will be held?

From September 1, 2014 to December 31, 2015.

2. Whether the information privacy received during legalization of property provided or not?

In accordance with the Law of RK “On remission of citizens of the Republic of Kazakhstan, repatriates and people who have a resident permit in the Republic of Kazakhstan because of their legalization of property” information privacy received in the process of legalization of property guaranteed with the laws of the Republic of Kazakhstan. 

3. Whether payment of duties while legalization of money is made or not?

Legalization duties will be paid in two cases by people who are legalizing:

– money, in case of advance (up to 5 years) withdrawal from a special account in banks of the second level, without investing into the economy;

– property which is out of the borders of RK including obtained on ineligible person.

4. What is amount of the duty of property legalization?

The duty amount is 10 percent from the cost of a purchase or assessment cost of the property which is out of the territory of the Republic of Kazakhstan.

5. Until which date submission of the documents on real estate legalization is possible?

From September 1, 2014 to November 30, 2015.

6. From which date the property is considered as legalized?

The property (except from money) considered as legalized from the date of rendering the decision on legalization by the commission, tax authority. Money is considered as legalized from the day of deposit (transfer) on the saving account

7. Who does carry the expences related with processing of property legalization?

Such kind of expences the subjects of legalization carry independently.

8. Whether the property can be the subject of legalization the right on which is litigated?

Such property can not be legalized.

9. Can I legalize the money received as credits ?

Such money can not be legalized.

10. When repeated address on legalization of same property is possible?

If in case of return of the documents sublitted for property legalization (except for money), for elimination of admitted disadvantages.

11. Does legalization of the real estate which is out of the terrirories of the Republic of Kazakhstan possible?

Possible. Therefore, such property is recognized the property defined as real estate property in accordance with the Civil legislation of the Republic of Kazakhstan.

12. If the house will be built up until the end of the year, could we manage to legalize it until the end of the offer?

The property which is vested estate or received by them until September 1, 2014 is the subject of legalization, i.e. until the beginning of legalization

13. Who is the subject of property legalization?

The citizens of the Republic of Kazakhstan, repatriates and people who have a resident permit in the Republic of Kazakhstan.

14. In case if a person has been subjected to Article 222 of the Criminal Code of RK, might he be the subject of legalization?

If the final judgement is available, such person could not be the subject of legalization.

15. In case of non-agreement with the decision of commission, tax authority, and other actions (inactions) while property legalization what is the order of appeal?

The person has a right to address a court in the manner prescribed by laws of the Republic of Kazakhstan.

16. How the safety of legalized money deposited (transfered) on the saving account is guaranteed?

The safety is regulated by the Republic of Kazakhstan on obligatory guaranteeing of deposits.

17. If I will legalize the money, would they be bared income tax?

No, as far as legalized property, including money is not recognized as an income of the subject of legalization.

18. Is it possible not to pay duties while legalization of money?

It is possible if legalized money is on the saving account not less than 60 calendar months, starting with the date of deposit (transfer) of money on that account in the purpose of legalization or in case of investing of legalized money using permitted investment instruments by the Law.

19. How an acceptance for operation of the real estate objects legalized in accordance with the Law of legalization will be carried out?

A special order of organization and conduction of acceptance for operation of the real estate objects legalized in accordance with the Law of legalization is defined by the Government of RK.

20. What kind of administrative responsibility is prescribed for the public servers who is legalizing money, therefore not indicated them in declaration for the previous years?

Remission action is extended to the legalization subject which legalized the property, in a part of disciplinary responsibility exemption for presenting or not presenting incomplete, unreliable declaration and information prescribed by the Article 9 of the Law “On fighting corruption” for the period until the date of implementation into action of the given Law.

Therefore it should be noted that legalization action is not extended to the property received in the result of corruption and crime.

21. May I legalize a land plot?

The land plot is not in the list of property which is subject to legalization.

22. My friend has a café located in the apartment on the first floor of the domestic house. The apartment is not deduced from the housing fund. Whether this property is subject to legalization?

No, it is not, because this apartment has a property right.

23. I build a house on the land plot which is my property with a designated use of the land of agricultural purpose. May I legalize it?

No, because the Law prescribes an order of legalization of buildings and constructions on the condition that they are located on the land plot which is the property of legalization subject on the right of property. Also, such objects should coincide with the designated use of land, and construction norms and standards. Properly, Your house built on the land plot with designated use of land of agricultural use, is not subject to legalization.

24. My brother has a land plot on the leasehold (49 years). I built there premises which is leased out to the service center. May I legalize the given premise?

No, because the legalized property should located on the land plot which is a property of legalization subject on the right of ownership.

25. I want to legalize a house which is located in Holand. Where should I apply to?

You have to submit documents to the local tax authority of legalization subject.

26. How long my application will be considered in Akimat?

Application is considered by commission, tax authority during 30 calendar days from the date of application submission.

27. From when the money is considered as legalized?

From the deposit (transfer) of money on the saving account.

28. Whether I will pay any duties while legalization of real estate which is on the territory of RK?

No, payment of duties is made only for real estate which is out of the territory of RK.

29. Is there any guarantee that after 60 calendar months of presence on the saving account my money will be back in the full size?

Safekeeping of the legalized money deposited (transferred) to the saving account is regulated by legislation of RK on obligatory guaranteeing of deposits.

30. Is it possible to legalize a garage built on the run-down territory behind the multistorey house where I live?

No, one of the conditions of property legalization which is located on the territory of RK is location of the property on the land plot vested to the subject of legalization on the property right

Published on: 28.09.2015 - 12:29:09
Updated on: 18.05.2016 - 12:00:22
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