A penalty (fine, fine) recognized by a taxpayer is deductible on an accrual basis and is accounted for as reflecting the consequences of operations, events, circumstances, and claims in the periods in which these consequences occur.
According to the results of the audit of LLP "K", the tax authority excluded from the deductions of 2009 the amount of the fine for the undelivered volume of oil for the 4th quarter of 2008, issued on December 31, 2008 by JSC "M". The court, agreeing with the conclusions of the tax authority, refused to satisfy the application in this part, arguing that the tax period was 2009, respectively, the tax authority was guided by the norms of the Tax Code in force during the period under review.
According to paragraph 6 of Article 100 of the Tax Code, fines, penalties, and penalties awarded or recognized are deductible, unless otherwise established by Articles 103, 115 of the Tax Code. As follows from the case file, for violating the terms of the contract for the provision of oil transportation services dated September 29, 2006, JSC "M" for the undelivered volume of oil for the 4th quarter of 2008 submitted invoice No. 88 dated December 31, 2008 for a fine in the amount of 61 774 176 tenge to the applicant. The submitted invoice is a written document confirming the fact of a breach of an obligation, on the basis of which, in accordance with accounting principles, the actual cost of a fine in accounting can be reliably estimated and recognized in the financial statements. The above-mentioned amounts of the fine were reflected in the accounting in December 2008, that is, they were estimated and recognized by the Partnership in its financial statements for 2008. In connection with the above, according to paragraph 6 of Article 100 of the Tax Code, the exclusion during the tax audit of expenses recognized in 2008 for fines from the deductions for the CPN for 2009 was recognized by the court as lawful.
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