Legal Support for Astana Hub Residents | GK and Partners

LEGAL SUPPORT FOR ASTANA HUB RESIDENTS

We won a civil dispute on debt collection under government contracts for 94.9 million tenge in two instances

LEGAL SUPPORT FOR ASTANA HUB RESIDENTS

We prepare memoranda on the taxation of Astana Hub residents and on work with non-residents, as well as contracts and corporate documents. We check that the terms of transactions do not put the tax preferences of the special regime at risk.

We are tax lawyers, so we assess each document from two sides: whether it complies with the law and whether it preserves the preferences. This matters most for contracts with foreign customers, engaging external experts, investments and changes in the composition of participants.

Properly executed documents help preserve resident status and avoid disputes with the tax authorities and Astana Hub.

We draft and review new contracts with counterparties under the service “Contract Development” taking resident benefits into account.

WHEN IS SUPPORT FOR ASTANA HUB RESIDENTS NECESSARY?

HOW DO WE ACHIEVE RESULTS?

Activity analysis

We study the company's business model, income and expense structure, activity directions for compliance with special regime requirements.

Tax planning

We advise on the application of preferential taxation, proper formalization of operations, and document flow to preserve preferences.

Business structuring

We develop an optimal activity structure, help formalize contracts and relations with counterparties taking into account residency requirements.

Rights to development results

We secure rights to software and other results of work in contracts with customers, authors and experts, and prepare licence terms.

Investment transactions

We support attracting investments, changing participant composition, and reorganization while maintaining resident status.

Cost

The cost is determined individually. It depends on the scope of documents and the complexity of the transaction. We will name it after studying the task and the existing documents.

Practice examples

Tax obligations of a foreign participant of an IT company

Situation. An individual who was not a Kazakh tax resident planned to acquire 100% of an LLP that is an Astana Hub participant. He held citizenship of two states.

Task. To determine what declaration and tax obligations the new participant would have and which preferences were available to him on dividends.

Result. A memorandum was prepared with conclusions on the declaration of assets, the taxation of dividends taking into account the company's Astana Hub status, and the applicability of double tax treaties.

Option for the director of an IT company

Situation. The founder of an IT company wanted to give the director the right to acquire an interest in the business upon reaching agreed revenue targets.

Task. To set out in the contract the size of the interests, the price, the terms and the procedure for exercising the option.

Result. A bilingual agreement was finalised with the terms of acquiring the interests, the deadlines and the payment procedure.

Договоры ИТ-проекта с ИИ-ассистентом

Situation. A company was developing an IT project based on a platform with an AI assistant and planned to engage external experts, taking Astana Hub requirements into account.

Task. To structure the project's contracts so that they match the tax and corporate conclusions on the structure of the business and take Astana Hub requirements into account.

Result. A set of documents was prepared: a public offer agreement for users, a contract with experts, electronic document management terms and a user agreement, consistent with each other and with the conclusions of the memorandum.

Questions and answers

Yes. Preferences depend on which activities and income confirm compliance with the special regime. The subject of the contract, acts and reporting must reflect this. We review the contract before it is signed.

Currency and tax legislation, double tax treaties, the regulation of the other state, and withholding of tax at source on payments to non-residents.

Before the transaction we check whether it affects the terms of participation in Astana Hub, and then prepare the corporate documents and contracts.

Yes. We analyse existing contracts, point out risks to the preferences and prepare supplementary agreements.

Are you an Astana Hub resident? We will review your contracts and preserve your preferences

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