JSC National Atomic Company Kazatomprom
Notes to the Consolidated Financial Statements – 31 December 2021
59
37 Contingencies and Commitments (Continued)
sales contracts of subsidiaries and affiliates. The legislation requires, in part, that Kazakhstani companies maintain
and, if required, provide supporting evidence for the determination of prices used in international transactions.
To date, other than as described below, no additional transfer pricing tax assessments have been issued. The
management of the Group believes that it will be able to sustain its position if the transfer pricing practices of the Group
are challenged by the tax authorities.
In JV Khorasan-U LLP (a subsidiary), transfer pricing was included in the results of a comprehensive tax audit
conducted by the authorities which resulted in 2021 in an additional assessment of KZT 910 million. The entity has
appealed against the results of the audit report and no liability has been recorded by the Group at 31 December 2021
in relation to this matter.
From 1 January 2009 the Group self-assesses additional income tax to reflect market prices. The amount of recognised
additional income tax in 2021 was Tenge 5,371 million (2020: Tenge 2,561 million).
As a result of audit conducted by tax authorities, the Company was presented additional corporate income tax in the
amount of Tenge 6,282 million on various transfer pricing issues. The most significant issue in the amount of Tenge
4,320 million was announced for short-term concluded under the Framework Agreements. The Group is preparing to
discuss controversial issues with the tax authorities and intends to make every effort to resolve the issue positively.
During the audits, the tax authorities raised a general issue of transfer pricing for the Group regarding the documentary
confirmation of the transport differential in China for subsidiaries and affiliates, thas was previously confirmed in practice
by a letter from CNEIC, the maximum estimated amount of risk of which is Tenge 9,135 million. This procedure was
included in the Rules (Methodology) for pricing natural uranium concentrate in 2021 to consolidate the existing practice.
(b) Complex tax inspections of Group entities
During 2021, most of the Group’s entities, underwent comprehensive tax audits for the years 2016-2019/2020, which
resulted in additional tax assessments including penalties and fines for the total amount of Tenge 5,377 million. The
results of the tax audits include:
- JV Inkai LLP Tenge 552 million, Kazatomprom-SaUran LLP Tenge 175 million, Ortalyk LLP Tenge 341 million and
JV Khorasan-U LLP Tenge 1,070 million. These additional assessments have been paid or recognised as liabilities by
these entities at 31 December 2021.
- JV KATCO LLP underwent a comprehensive tax audit during 2021, resulting in additional tax assessments for CIT of
Tenge 843 million, mineral extraction tax of amount of Tenge 297 million and penalties of Tenge 251 million. JV KATCO
LLP recognized these amounts as liabilities at 31 December 2021 but has appealed the assessments. The result of
the appeal is outstanding at the date of these financial statements. In addition, this entity received additional tax
assessments relating to withholding tax for the period 2014-2018 on payments of dividends and royalties amounting to
Tenge 10,482 million and penalties of Tenge 19,923 million. The entity appealed against these assessments which
resulted in a reduction of the amount of penalties to Tenge 5,358 million. JV KATCO LLP has commenced a court
action to have these assessments withdrawn and this is unresolved at the date of these financial statements. No liability
was recorded by this entity or the Group at 31 December 2021 in relation to these disputed withholding tax
assessments.
- several group entities received preliminary tax audit results indicating potential additional accruals of CIT: Appak LLP
- Tenge 198 million, JV Inkai LLP - Tenge 654 million, JV South Mining Chemical Company LLP - Tenge 1,270 million.
The entities disagree with the tax authorities on the possible additional taxes payable and did not recognize liabilities
at 31 December 2021. Appeals will be lodged against any additional tax assessments that may be issued.
Compliance with subsoil use contractual obligations
In accordance with the terms of the subsoil use contracts, the Group mining entities are required to comply with the
obligations specified therein. Failure to comply with the conditions stipulated by subsoil use contracts may lead to
negative consequences, including termination of contracts, fines and penalties. Under current subsoil use legislation,
the payment of penalty does not relieve subsurface user from fulfillment of stated obligations in full.
As of 31 December 2021 some entities underproduced uranium for more than 20% threshold allowed by the legislation.
Moreover, mining entities did not fulfill their financial obligations under subsoil use contracts, which could lead to
penalties of 1% from the amount of unfulfilled liability, or Tenge 270 million – Tenge 420 million for 2021. The Group
did not recognize any liabilities in the financial statements as at 31 December 2021 as it plans to settle financial liabilities
in future periods in accordance with the revised minimum work programs.