In a number of publications in the media, an opinion appeared that the order of the Minister of Finance No. 654 "On some issues of fulfilling a tax obligation during liquidation, reorganization and termination of activities by taxpayers" allegedly contradicts the law and introduces new obligations for the founders of companies. In this connection, the CGD explains.

Order No. 654 introduces nothing new. This order was adopted to implement the norms of the Tax Code, which come into force on January 1, 2026. It describes the procedure for how companies must fulfill tax obligations upon liquidation or termination of activities.

 The main principle remains the same:

🔹 if the company has a tax debt, the debts are collected in the manner prescribed by the Tax Code;

🔹 if the company's property is not enough, the responsibility of the founders occurs only in cases directly provided for by the laws of the Republic of Kazakhstan.

 This rule existed in legislation before - in the Tax Code, Civil Code and Bankruptcy Law. Order No. 654 repeats these norms without expanding the powers of state revenue bodies.

 When the founder may be liable

The founder can be brought to subsidiary (joint) liability only after declaring the company bankrupt for specific circumstances, for example:

- deliberate bringing the company to bankruptcy;

- withdrawal or concealment of property;

- failure to deliver documents of the company being liquidated;

- not going to court for bankruptcy when the property no longer covers debts.

Why there was confusion

Some publications interpreted a separate clause of the order as an extension of the responsibility of the founders. However, this paragraph only repeats the norms of Article 75 of the Tax Code and does not change the current rules.

 It's important to know

✔ Order 654 does NOT violate the law and does NOT introduce new duties for founders.

✔ He does not give new powers to state revenue bodies.

✔ He only tidies up and describes the processes that are already provided for by law.

Source : https://www.gov.kz/memleket/entities/kgd-akmola/press/news/details/1112806?lang=kk