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JPMorgan - KASE

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price we paid for the shares of HKM is allowed as a deduction) as well as ongoing revenues,<br />

capital costs, royalties and operating costs and an allocation of overhead costs. An allocation of<br />

the corporate income tax is deducted in arriving at cash flow and any “excess profits tax” paid in<br />

respect of the previous year is deducted in the current year.<br />

The tax base is the taxable income for corporate tax minus the corporate tax liabilities in the<br />

current year and excess profits tax liabilities from the previous year.<br />

The excess profits tax for Kumkol South is payable in a given year at a rate which varies with the<br />

internal rate of return achieved in that year in accordance with the following table:<br />

Internal Rate of Return<br />

Excess Profits Tax Rate<br />

Lessthan20%.................... —<br />

Between20%and25% ........... 5%<br />

Between25%and30% ........... 10%<br />

Between30%and35% ........... 20%<br />

inexcessof35%.................. 30%<br />

The hydrocarbon contract with respect to Kumkol North provides the following excess profits tax<br />

rates:<br />

Internal Rate of Return<br />

Excess Profits Tax Rate<br />

Lessthan20%.................... —<br />

Between20%and25% ........... 20%<br />

Between25%and30% ........... 30%<br />

inexcessof30%.................. 50%<br />

The hydrocarbon contracts with respect to the South Kumkol field and the QAM fields provide<br />

for the following excess profits tax rates:<br />

Internal Rate of Return<br />

Excess Profits Tax Rate<br />

Lessthan20%.................... —<br />

Between20%and22% ........... 4%<br />

Between22%and24% ........... 8%<br />

Between24%and26% ........... 12%<br />

Between26%and28% ........... 18%<br />

Between28%and30% ........... 24%<br />

inexcessof30%.................. 30%<br />

The foundation agreement for Kazgermunai effectively provides for a tax on the profits of<br />

Kazgermunai with respect to its operations in the Akshabulak, Nurali and Aksai fields. The<br />

foundation agreement provides for taxes of: (i) 25% on annual profits of Kazgermunai up to<br />

$20.0 million, (ii) 30% on annual profits of Kazgermunai between $20.0 million and<br />

$30.0 million, (iii) 35% on annual profits of Kazgermunai between $30.0 million and<br />

$40.0 million and (iv) 40% on annual profits of Kazgermunai exceeding $40.0 million.<br />

Downstream Operations<br />

Overview<br />

Crude oil produced from our fields in the South Turgai Basin by our Upstream operations that is<br />

not exported is transferred to our Downstream operations to be refined at our Shymkent refinery<br />

for sale primarily in the Kazakhstani domestic market. We seek to maximize the value of our<br />

operations by balancing opportunities to export our crude oil with processing the crude oil in our<br />

refinery for sale domestically, depending on market conditions and international crude oil prices.<br />

73

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