Business Identification Number (BIN) is automatically assigned to all local companies upon their registration in Kazakhstan. However, the Tax Code provides cases in which tax authorities should assign BIN to a foreign company. According to paragraph 2 of Article 75 of the Tax Code, information is entered into the state database of taxpayers regarding:
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a non-resident opening current accounts in second-tier banks that are residents;
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a non-resident legal entity conducting activities in the Republic of Kazakhstan through a permanent establishment without opening a branch or representative office;
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a non-resident acting as a tax agent in accordance with paragraph 8 of Article 650 of the Tax Code or calculating personal income tax in accordance with paragraph 11 of Article 650 of the Tax Code, acquiring (disposing of) shares, participatory interests specified in subparagraphs 3), 4), and 5) of paragraph 1 of Article 650 of the Tax Code;
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a non-resident acting as a tax agent in accordance with paragraph 8 of Article 650 of the Tax Code or calculating personal income tax in accordance with paragraph 11 of Article 650 of this Code, acquiring (disposing of) property;
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a non-resident conducting activities through a dependent agent, which is considered a permanent establishment of a non-resident;
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a non-resident conducting activities through an insurance organization or insurance broker, which are considered a permanent establishment of a non-resident;
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a non-resident conducting activities under a joint venture agreement, which is considered a permanent establishment of a non-resident.
In practice, the simplest and most convenient basis for registering a foreign company as a taxpayer of the Kazakhstan is opening a bank account in resident banks.
It is important to note that assigning a BIN to a non-resident company does not automatically imply recognition of it as a tax resident of Kazakhstan. According to paragraph 1 of Article 217 of the Tax Code, a legal entity is recognized as a tax resident of the Kazakhstan if:
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it is established in accordance with the legislation of a foreign state, and the place of effective management (the place of location of the actual management body) is in Kazakhstan.
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The place of effective management (the place of location of the actual management body) is recognized as the place of holding the meeting of the actual body (board of directors or a similar body) where the main management and/or control is carried out, as well as strategic commercial decisions necessary for carrying out the entrepreneurial activities of the legal entity are made.
List of documents for BIN obtaining:
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Notarized copies of the founding documents of the non-resident legal entity;
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Notarized copies of documents confirming state registration in the country of incorporation of the non-resident, indicating the registration number (or its equivalent) for the non-resident legal entity;
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Notarized copies of documents confirming tax registration in the country of incorporation (citizenship) of the non-resident, indicating the tax registration number (or its equivalent) if available;
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Original extract from the trade register;
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Notarized copy of the document, passport of the director of the non-resident legal entity;
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Notarized copies of the decision/minutes on the appointment of the director of the non-resident legal entity;
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Notarized copies of documents containing information about the beneficial owner.
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Original power of attorney issued to an employee of our company.
Notarized copies of documents must be apostilled or legalized in the issuing country and translated into Russian, the translation must be notarized.
The above list is generalized, and in each individual case, it is better to check the list with a legal consultant.
BIN acquisition period is carried within 3 (three) working days from the date of submission of the tax application for registration.
To obtain a BIN for non-resident legal entities, it is necessary to submit a tax application offline by authorized person. Online service is not available.
You can obtain information on the procedure for opening a bank account in resident banks of the Republic of Kazakhstan for foreign legal entities by following the link "Opening a Bank Account". Link to Article 4.
Legal advisor Aigerim Massatbayeva
