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Article 268. Deductions for expenses for the liquidation of landfills and deductions to the liquidation fund of landfills of the Tax Code of the Republic of Kazakhstan
1. The taxpayer deducts the amount of deductions to the liquidation fund of landfills transferred to a special deposit account with second-tier banks in the territory of the Republic of Kazakhstan in accordance with the procedure and amounts established by the authorized body in the field of environmental protection in coordination with the authorized body in the field of tax policy.
2. The taxpayer's expenses actually incurred during the tax period for the liquidation of landfills are deductible in the tax period in which they were incurred.
The taxpayer's expenses incurred at the expense of the liquidation fund placed in a special deposit account are not deductible.
The Code of the Republic of Kazakhstan dated July 18, 2025 No. 214-VIII SAM.
President
Republic of Kazakhstan
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From January 1, 2026, to invalidate the Code of the Republic of Kazakhstan dated December 25, 2017 "On Taxes and Other Mandatory payments to the Budget" (Tax Code) in connection with the entry into force of the Tax Code dated July 18, 2025 No. 214-VIII SAM.
Article 268. Receipt of fixed assets of the Tax Code and Other Mandatory Payments to the Budget (Tax Code) of the Republic of Kazakhstan
1. Fixed assets upon receipt, including those received under a lease agreement, as well as through transfer from inventory, increase the value balance of groups (subgroups) by the initial value of these assets.
The recognition of the receipt of fixed assets for tax purposes means that the received assets are included in the fixed assets.
2. Unless otherwise provided by this article, the initial value of fixed assets is determined as the sum of the costs incurred by the taxpayer on the day of recognition of the fixed asset in accordance with paragraph 1 of Article 266 of this Code. Such costs include the costs of acquiring a fixed asset, its production, construction, installation and installation, as well as other costs that increase its value in accordance with international financial reporting standards and (or) the requirements of the legislation of the Republic of Kazakhstan on accounting and financial reporting, except for:
expenses (expenses) that are not deductible in accordance with subitems 2), 3), 4) and 5) of Article 264 of this Code;
depreciation charges.
2-1. A subsurface user under a contract for exploration and production or extraction of hydrocarbons for complex projects (with the exception of onshore gas projects) determines the initial value of assets in accordance with the procedure established by this Article, using the appropriate coefficient provided for in paragraph 6 of Article 258 of this Code.
3. Unless otherwise provided in this paragraph, the initial cost of a fixed asset received by transfer from inventories or assets held for sale is its book value, determined on the date of such receipt in accordance with international financial reporting standards and (or) the requirements of the legislation of the Republic of Kazakhstan on accounting and financial reporting.
The initial cost of a fixed asset received through transfer from inventories or assets held for sale, for which it was previously derecognized as a fixed asset, is its carrying amount determined on the date of such receipt in accordance with international financial reporting standards and (or) the requirements of the legislation of the Republic of Kazakhstan on accounting and financial reporting, not exceeding the value specified in paragraph 2 of Article 270 of this Code.
4. In case of gratuitous receipt of fixed assets, the initial value of fixed assets is its value included in the total annual income in accordance with Article 238 of this Code in the form of gratuitously received property, taking into account the actual costs that increase the value of such assets upon initial recognition in accordance with international financial reporting standards and (or) the requirements of the legislation of the Republic of Kazakhstan on accounting accounting and financial reporting, except for costs (expenses), not included in the initial cost of fixed assets on the basis of paragraph 2 of this article.
5. When a state-owned enterprise receives fixed assets from a state institution that are assigned to the right of economic management or operational management for such an enterprise, the initial value of the fixed assets is the book value of the assets received, indicated in the act of acceptance and transfer of these assets, taking into account the actual costs., increase the value of such assets upon initial recognition in accordance with international financial reporting standards and (or) the requirements of the legislation of the Republic of Kazakhstan on accounting and financial reporting, with the exception of costs (expenses) not included in the initial cost of fixed assets based on paragraph 2 of this Article.
6. Upon receipt as a contribution to the authorized capital, the initial value of a fixed asset is the value of the asset specified in the acceptance and transfer certificate or in the absence of such an act. – in another document confirming the actual contribution and the value of the asset, taking into account the actual costs that increase the value of such assets upon initial recognition in accordance with international financial reporting standards and (or) the requirements of the legislation of the Republic of Kazakhstan on accounting and financial reporting, with the exception of costs (expenses) not included in the initial cost of fixed assets based on paragraph 2 of this article.
The value of assets received as payment for a contribution to the authorized capital is taken into account within the amount of the contribution to the authorized capital for which the asset was received.
7. Upon receipt of a fixed asset in connection with the reorganization by way of merger, acquisition, division or separation of a taxpayer, the initial value of such asset is its book value specified in the transfer deed or the dividing balance sheet, except for the cases provided for in parts two and three of this paragraph, taking into account the actual costs., increase the value of such an asset upon initial recognition in accordance with international financial reporting standards and (or) the requirements of the legislation of the Republic of Kazakhstan on accounting and financial reporting, with the exception of costs (expenses) not included in the initial cost of fixed assets based on paragraph 2 of this Article.
The value balance of a subgroup (group) of a newly formed legal entity created through a merger, or a legal entity joined by another legal entity, is increased by the value of the transferred fixed assets according to tax accounting data if such value is reflected in the transfer act in accordance with the second part of paragraph 6 of Article 270 of this Code.
The cost balance of a subgroup (group) of a newly formed legal entity created by separation in accordance with a decision of the Government of the Republic of Kazakhstan includes the value of transferred fixed assets according to tax accounting data if such value is reflected in the transfer act in accordance with part three of paragraph 6 of Article 270 of this Code.
8. When a trustee receives fixed assets for trust management, the initial value of such fixed assets is:
1) if the transferor's assets were fixed, the value determined in accordance with paragraph 10 of Article 270 of this Code;
2) in other cases, the value determined according to the data of the act of acceptance and transfer of the named assets.
9. Upon receipt of fixed assets from the trustee in connection with the termination of trust management obligations, the initial value of such fixed assets is:
1) if the trustee's assets were fixed, the value determined in accordance with paragraph 11 of Article 270 of this Code;
2) in other cases, the cost determined in accordance with paragraph 10 of Article 270 of this Code, reduced by the amount of depreciation charges. In this case, depreciation charges are calculated for each tax period of trust management preceding the reporting tax period, based on the marginal depreciation rate provided for in this Code for the corresponding group of fixed assets, applied to the initial cost, reduced by the amount of depreciation charges for previous periods.
10. Upon receipt of fixed assets by the concessionaire (a legal successor or a legal entity specially created exclusively by the concessionaire for the implementation of the concession agreement) under the concession agreement, the initial value of such fixed assets is the value determined in accordance with paragraph 12 of Article 270 of this Code, and in the absence of such value, the value in accordance with the procedure determined by the authorized body..
11. Upon receipt of fixed assets by the assignor upon termination of the concession agreement, the initial value of such fixed assets is the value determined in accordance with paragraph 13 of Article 270 of this Code.
12. The initial cost of fixed assets of an insurance or reinsurance organization as of January 1, 2012 is the book value of fixed assets, investments in real estate, and intangible assets determined in accordance with international financial reporting standards and/or the requirements of the legislation of the Republic of Kazakhstan on accounting and financial reporting, excluding revaluations and impairments as of that date.
13. Fixed assets that were previously disposed of due to temporary cessation of use in income-generating activities are subject to inclusion in the cost balance of a group of fixed assets in the tax period in which such fixed assets were put into operation for use in income-generating activities, at the cost of disposal, taking into account expenses to be attributed to increase in the value of such assets in accordance with Article 272 of this Code.
14. Assets for which preferences have been cancelled are subject to inclusion in the cost balance of the group (subgroup) in the cases specified in paragraph 4 of Article 276 of this Code, at the initial cost determined in accordance with this Article.
15. After the expiration of three tax periods following the tax period of putting this facility into operation, the object of preferences, except for the assets specified in paragraph 13 of this Article, is subject to inclusion in the cost balance of the group (subgroup) in the case specified in paragraph 6 of Article 276 of this Code, at zero cost.
16. The initial cost of a fixed asset specified in subparagraph 4) of paragraph 1 of Article 266 of this Code is the cost of repair, reconstruction, modernization, maintenance and other costs incurred by the taxpayer in respect of property received under a property lease (lease) agreement, other than a leasing agreement. In accordance with this paragraph, the costs incurred on the day of their recognition in accounting as a long-term asset are taken into account, increasing its value in accordance with international financial reporting standards and (or) the requirements of the legislation of the Republic of Kazakhstan on accounting and financial reporting.
17. The initial value of a fixed asset received under a lease agreement is the value at which the leased item was received.
18. When the lessee returns the leased item to the lessor, the initial value of the fixed asset is the positive difference between the value at which the leased item was transferred under the lease agreement and the value of the leased item included in the amount of lease payments for the period from the date of transfer to the date of return of the leased item.
The footnote. Article 268 as amended by the Laws of the Republic of Kazakhstan dated 04/02/2019 No. 241-VI (effective from 01.01.2018); dated 12/10/2020 No. 382-VI (effective from 01.01.2018); dated 12/21/2022 No. 165-VII (effective from 01.01.2023).
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