A number of media publications have suggested that the order of the Minister of Finance No. 654 "On certain issues of fulfilling tax obligations in the event of liquidation, reorganization and termination of activities by taxpayers" allegedly contradicts the law and introduces new responsibilities for company founders. In this connection, the SRG clarifies.

Order No. 654 does not introduce anything new. This order was adopted to implement the norms of the Tax Code, which come into force on January 1, 2026. It describes how companies must meet their tax obligations upon liquidation or termination of operations. The main principle remains the same: if a company has a tax debt, debts are collected in accordance with the procedure provided for by the Tax Code.; If the company's property is not sufficient, the founders are liable only in cases directly provided for by the laws of the Republic of Kazakhstan.

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

 When can the founder be responsible The founder can be held liable in subsidiary (solidarity) only after the company is declared bankrupt due to specific circumstances, for example: - deliberate bringing of the company to bankruptcy; - withdrawal or concealment of property; - failure to provide documents to the liquidated company; - not applying to the bankruptcy court when the property no longer covers the debts. Why is there confusion?

Some publications interpreted a separate paragraph of the order as extending 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 is important to know ✔ Order 654 does NOT violate the law and does NOT introduce new responsibilities for the founders. He does not give new powers to the state revenue authorities. He only puts in order and describes the processes that are already provided for by law.

Source : https://www.gov.kz/memleket/entities/kgd-pavlodar/press/news/details/1112850?lang=kk