Monday, 15 April 2013

World Bank-touted U.S. tax model crumbles



 A development in Nevada, United States of America (USA), could bolster the government of Ghana’s initiative to scale up taxation for the mining sector.
Reports monitored on the news portal mineweb indicates that Nevada gold mining companies and the Nevada Mining Association are rapidly losing ground in their campaign against impending increase in mining taxes.

Dorothy Kosich, Mineweb's Deputy Editor wrote on Tuesday April 2, 2013 that Nevada lawmakers were in the process of dismantling what has been considered a model mining taxation system touted by the World Bank and the International Monetary Fund (IMF) to developing nations.
According to her, lifting the taxation cap in Nevada has stirred some mining advocates to fear it could have repercussions beyond the state’s borders. But at the same time, proponents of increased mining taxation fear powerful mining companies, such as Newmont and Barrick, will go to court to stop the initiative.
The news comes as the government of Ghana struggles to review taxation for the country’s mining sector. The Chamber of Mines, which the Colorado-based Newmont is a member of, particularly waged a public campaign in 2012 to resist attempts by government to introduce three new tax measures. In the process, the Chamber cited Ghana as the most expensive place to mine across Africa.
In paragraph 214 of the 2013 budget, Mr Seth Tekper, Minister for Finance and Economic Planning, indicated that a windfall profit tax Bill tabled in Parliament in 2012 sought to impose a Windfall Profit tax of 10 per cent on mining companies. “Unfortunately, the Bill could not be considered by Parliament” and “In the coming weeks, Government will seek to re-introduce the Bill in Parliament after due consultation with all stakeholders.”
The 2012 budget had announced that government intended to levy the 10 per cent Windfall Profit tax as well as increasing corporate tax rate for mining companies from 25 percent to 35 percent and introducing a uniform regime for capital allowance of 20 percent for five years for mining in place of the previous 100 per cent capital cost recovery.
The measures were particularly considered commendable by civil society groups which would certainly welcome the Nevada move as the appropriate tonic for Ghana to go on with its fiscal reforms.
Dorothy Kosich’s story indicates that a steamroller of growing public sentiment may be convincing members of the Nevada Legislature as the State’s Senate voted 17-4 on Monday April 1 in favour of a proposed constitutional amendment which will erode nearly 150 years of special tax protections for mining in the one of the world’s foremost gold mining regions. Only four Republican senators, including three whose districts include rural counties, voted against the measure.
“Nevada presently levies a mineral extraction tax of between 2%-5% of net proceeds for each geographically separate operation. However, a number of deductions may also be taken by mining companies,” she wrote.
She continued that “Despite a two-year advertising blitz by the Nevada Mining Association, combined with mining companies’ formerly successful strategies of generous campaign donations, as well as lobbying by the state’s most powerful lobbyists, a 2011 revelation that several Nevada mines had not been audited for years by the Nevada State Department of Taxation did not help mining politically.”
She went on to narrate that local governments, as well as Nevada’s education system, which have been hurting for revenue for several years, are strongly pushing state lawmakers to extract more revenue from mining companies, who, up until the last year, had been proclaiming record profits and production.
During past legislative sessions, both educators and local officials were warned by fiscal experts not to rely on the volatility of the state’s mining sector to fund mandated services.
More recently, both major mining companies and junior exploration companies operating in Nevada have been experiencing either substantial project write-downs or a lack of available financing for their projects.
Previously, as politicians and governments of third-world countries developed a powerful appetite for mining-generated revenue, Nevada mining’s relatively stable taxation regime has given the state an excellent rating as a place to do business.
Responding to a Public Agenda enquiry, Omar Jabara, who is in charge of Corporate Communications at Newmont in North America, said, “Nevada must reform its tax structure and broaden its tax base to give the state a more reliable and consistent revenue source, something the state needs as evidenced by the economic recession which hit Nevada particularly hard.
“We believe in reforming Nevada’s tax system to reflect the vast majority of other states in the US where all industries, not just four, are required to pay broad-based business taxes.
“We are committed to working with the state’s leaders to develop a long-term solution to Nevada’s revenue needs in a way that doesn’t link the state’s fortunes to the success or failure of a handful of industries.”

On the point of Ghana, Mr Jabara assured that “we are engaged in a voluntary, good-faith dialogue with the Government of Ghana regarding our Investment Agreement, which was approved by Ghana’s Parliament in 2003.”
Originally carried by Public Agenda in its Friday April 12, 2013 edition.

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