Here's something official:
'Those who comply will gain greater technical freedom and unlimited out-of-season testing.
Expenditure such as driver salaries, engine costs (for 2010 only), fines, penalties and marketing and hospitality will not come under the £40m budget.
There are no fixed penalties for teams who exceed the £40m budget cap but the costs commission will judge the degree of the misdemeanour and advise the FIA, who will determine any penalty.'
So if you are red bull you can double-team the FIA by over budgetting torro rosso massively then keeping red bull within the 40m!!!!!!!!!!