LETTER OF THE TAX COMMITTEE OF THE MINISTRY OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of December 27, 2011 No. HK-21-28/14489

Our company made issue to the environment without execution of the relevant allowing document owing to what we paid payment for the specified issue in tenfold size. Do we have the right to carry this payment on deductions?

According to Item 7 of article 115 of the Code of the Republic of Kazakhstan of December 10, 2008 "About taxes and other obligatory payments in the budget" (Tax code) the amount of other obligatory payments of the budget estimated (added) and paid over the sizes established by regulatory legal acts of the Republic of Kazakhstan is not deductible.

At the same time by Item 10 of article 495 of the Tax Code it is determined that for issues to the environment over the set payment rate limits, stipulated in Clause 495 Tax codes, increase ten times.

Thus, considering that tenfold increase in the size of rate of payment for issues is provided in the environment by the Tax code, respectively, such tenfold amount of payment is subject to reference on deductions in case of determination of the taxable income.

At the same time, we pay attention that according to the subitem 6) of Item 1 of article 20 of the Tax Code bodies of Tax Service shall provide to the taxpayer (tax agent) information on the operating taxes and other obligatory payments in the budget.

Such explanations and comments do not belong to regulatory legal acts and are not obligatory for execution.

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