ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of February 15, 2018 No. 195

About approval of Rules of determination of original cost of the fixed assets received by the concessionary (the legal successor or the legal entity who is specially created only by the concessionary for implementation of the agreement of concession) under the agreement of concession, and also the cost reducing cost balances of the concessionary II, III and IV groups at transfer of the fixed assets to the concedent at concession termination of the contract

According to Item 10 of Article 268 and the subitem 2) Item 13 of article 270 of the Code of the Republic of Kazakhstan of December 25, 2017 "About taxes and other obligatory payments in the budget" (Tax code), PRIKAZYVAYU:

1. Approve the enclosed Rules of determination of original cost of the fixed assets received by the concessionary (the legal successor or the legal entity who is specially created only by the concessionary for implementation of the agreement of concession) under the agreement of concession, and also the cost reducing cost balances of the concessionary II, III and IV groups at transfer of the fixed assets to the concedent at concession termination of the contract.

2. Declare invalid the order of the Minister of Finance of the Republic of Kazakhstan of March 26, 2015 No. 209 "About approval of Rules of determination of original cost of the fixed assets received by the concessionary (the legal successor or the legal entity who is specially created only by the concessionary for implementation of the agreement of concession) from the concedent under the agreement of concession, and also the cost reducing cost balances of groups of the concessionary by transfer of the fixed assets by the concessionary to the concedent in case of concession termination of the contract" (registered in the Register of state registration of regulatory legal acts for No. 10978, published on June 25, 2015 in information system of law of Ad_let).

3. (Tengebayev A. M.) in the procedure established by the legislation to provide to committee of state revenues of the Ministry of Finance of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order the direction it the copy in paper and electronic type in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" of the Ministry of Justice of the Republic of Kazakhstan for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry of Finance of the Republic of Kazakhstan;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Ministry of Finance of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item.

4. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Minister of Finance of the Republic of Kazakhstan of February 15, 2018 No. 195

Rules of determination of original cost of the fixed assets received by the concessionary (the legal successor or the legal entity who is specially created only by the concessionary for implementation of the agreement of concession) under the agreement of concession, and also the cost reducing cost balances of the concessionary II, III and IV groups at transfer of the fixed assets to the concedent at concession termination of the contract

Chapter 1. General provisions

1. These rules of determination of original cost of the fixed assets received by the concessionary (the legal successor or the legal entity who is specially created only by the concessionary for implementation of the agreement of concession) under the agreement of concession, and also the cost reducing cost balances of the concessionary II, III and IV groups at transfer of the fixed assets to the concedent at concession termination of the contract (further - Rules) are developed according to Item 10 of Article 268 and the subitem 2) of Item 13 of article 270 of the Code of the Republic of Kazakhstan of December 25, 2017 "About taxes and other obligatory payments in the budget" (further - the Tax code) for the purpose of regulation of procedure for cost determination of the assets recognized by the fixed assets, received by the concessionary (the legal successor or the legal entity who is specially created only by the concessionary for implementation of the agreement of concession) from the concedent within the agreement of concession and also the cost of the fixed assets reducing cost balances of groups of the concessionary by transfer of the fixed assets by the concessionary to the concedent in case of concession termination of the contract.

Chapter 2. Determination of original cost of the fixed assets received by the concessionary (the legal successor or the legal entity who is specially created only by the concessionary for implementation of the agreement of concession) under the agreement of concession

2. For the purposes of the taxation the original cost of subjects to concession is determined by each object separately according to the procedure, established by Items 3 and 4 of these rules.

3. The original cost of the subjects to concession recognized as the fixed assets joins the actual costs incurred by the concessionary within the agreement of concession about day of input of such fixed assets in operation. Treat such costs the purchase costs, construction, installation and installation, and also other costs made by the concessionary for the purpose of creation of subject to concession and increasing its cost according to International Financial Reporting Standards and the Law of the Republic of Kazakhstan of February 28, 2007 "About financial accounting and the financial reporting" except:

1) costs (expenses) which are not subject to reference on deductions according to the Tax code;

2) costs (expenses) on which the taxpayer performs deductions based on Item 7, of part two of Item 9 of Article 243, and also Articles 244 - 263 Tax codes;

3) depreciation charges;

4) costs (expenses) arising in financial accounting and which are not considered as expense for the purpose of the taxation according to Item 5 of article 242 of the Tax Code.

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