Taxation of natural resources: principles and policy issues

Similar documents
How global megatrends could change tax in Africa

Doing business in Chad

The African tax legislative perspective. Then, now and what could be around the corner

Mexico makes call for bids on 26 onshore blocks for hydrocarbon extraction and issues draft of contracts

Financial Accounting Advisory Services

INVESTING IN MEXICO S PETROLEUM OPPORTUNITIES ECONOMIC & LEGAL WORKSHOP

Complexities of using African comparable companies

Mexico s FIBRA E tax regulations

Finding the right fit. Public monetization options for upstream companies

Intercompany financing facing new challenges. EY Africa Tax Conference September 2014

Effects of Transfer Pricing in developing countries: Cases in Africa

Angola s E&P Fiscal Regime In a Global Context. Delivering commercial insight to the global energy industry

Africa Mobility Risks: Practical examples

Global Tax Alert. Singapore Tax Authority releases updated transfer pricing guidelines. Executive summary. News from Transfer Pricing

IN HOUSE TRAINING COURSES:

Mexico midstream. Opportunities for investors who move now

Australian Tax Office releases guide for offshore hubs involving procurement, marketing, sales and distribution functions

Financial Accounting Advisory Services

Natural Resource Taxation: Challenges in Africa

Foreign MLPs. Using foreign energy-related assets to attract yield-oriented investors

China-Africa Investment Forum Beijing June 2013 FOCUS: MAURITIUS. A presentation by Mardemootoo Solicitors

The future of government petroleum regimes

Africa: An Emerging World Region

Real estate funds. Are you leaving money on the table?

DANIEL DUMAS ESCP Europe Business School London, 14 November 2013

MAURITIUS BUDGET BRIEF

AfDB. Africa Economic Brief. Fairer Mining Concessions in Africa: How Can this be Achieved? OUTLINE. Key Issues. Chief Economist Complex

Tariff regulation. TRAI-APT Workshop on Regulatory Framework. Rohan Samarajiva 7 September 2011

Dutch tax treaty overview Q3, 2012

EY Energy Executive Insight. Resilience through volatility

Click to edit Master title style. Evaluating Fiscal Regimes for Resource Projects: An Example from Oil Development. Click to edit Master text styles

Leading global banking practices Emilio Pera, May 2013

Turkey amends transfer pricing legislation

Tanzania issues transfer pricing guidelines

Transfer Pricing in Botswana and Southern Africa. Christian Wiesener KPMG Global Transfer Pricing Services 26 June 2014

Effective Extractive Industries Taxation Regimes

Dealing with Tax Audits

Global Tax Alert. OECD releases report under BEPS Action 13 on Transfer Pricing Documentation and Country-by-Country Reporting.

Improving the Investment Climate in Sub-Saharan Africa

Taxation of extractive industries in East and Central Africa. Are these in harmony?

World Bank Group: Indira Chand Phone:

GLOBAL INSURANCE POLICIES OVERCOMING THE REGULATORY & TAX CHALLENGES

OECD, UN, IMF and World Bank issue toolkit for addressing difficulties in accessing comparable data for transfer pricing analysis

Tax Alert Canada. BC tables LNG income tax legislation. Introduction

Mining in APEC Economies: Opportunities and Challenges

Global Tax Alert. Mexico s President submits secondary legislation to Congress related to the energy reform. Background.

Staying the course. EY s attractiveness program Africa 2016

Parallel Roundtable 2: Fiscal Regimes and Legal Reform to Attract Investment in the Energy Sector. Background Paper

Value chain perspectives and their increased importance under BEPS, tax policy and technological change

Permanent establishments. Recent trends and developments

Course Outline. Applied Upstream Petroleum Fiscal Modeling & Economics. Course Leader: Barry Rodgers

Dutch tax treaty overview Q4, 2013

Withholding Tax (WHT) Presentation by: Robert Waruiru Associate Director, KPMG Advisory Services Limited CPA-K April 2018

Another Technological Revolution in the O&G Industry: A new Future for Onshore E&P. Ivan Sandrea Advisor to Petra Energia

South Africa issues Budget 2015

India releases Annual Report covering transfer pricing and international tax developments

International Taxation of Oil and Gas and Other Mining Activities

The FIRPTA investment guide. For foreign investments in certain US oil and gas assets

Global Tax Alert. Zambia issues 2015 Budget proposals. Executive summary. Detailed discussion

The Roles of National Resource Companies and Regulators

Paying Taxes 2019 Global and Regional Findings: AFRICA

The mining sector in Africa

Taxation of Natural Resource Rents: Questions, Approaches, Challenges

The quest for profitable growth

Over 21,000 individual submissions were made to the proposals, including some that were several hundred pages long.

India introduces secondary adjustment and interest limitation rules

EY Han Young newsletter May Transfer Pricing Alert

Southern Africa regional superpower in the making. Dr Roelof Botha

Tax Executives Institute: Current Trends in Capital Market Transactions

Financial Accounting Advisory Services

India revises Country Chapter comments in UN Practical Manual on Transfer Pricing Issues for Developing Countries

International Tax Egypt Highlights 2018

Investing in Africa through Mauritius

Australia introduces Bill for stapled structures, nonconcessional. other foreign investor changes. Executive summary

FATCA considerations for multinational non-financial corporate groups

The Importance of Bilateral Investment Treaties When Structuring Foreign Investments

FAQs The DFID Impact Fund (managed by CDC)

Choosing Investment Structure

African Financial Markets Initiative

OECD releases new guidance on transfer pricing for low value-adding intra-group services under BEPS Actions 8-10

Australia s proposed Diverted Profits Tax to affect many multinational businesses

The Development Path that have taken Pemex s Farm - Outs in Mexico

APA & MAP COUNTRY GUIDE 2017 CANADA

Inland Revenue Authority of Singapore releases 2016 Transfer Pricing Guidelines

Mongolia adopts new VAT law

Guinea (Conakry) enacts new Petroleum Code

Acquisitions of interests in joint operations that are businesses

Generating Extractive Industry Revenues

Canada amends taxation of investment income earned through a private corporation

The Changing Wealth of Nations 2018

STRUCTURING INVESTMENTS INTO AFRICA THROUGH MAURITIUS/ESTATE PLANNING AND WEALTH MANAGEMENT FOR HIGH NET WORTH INDIVIDUALS IN EAST AFRICA (KENYA)

Cyprus Tax Authority issues guidance on revised transfer pricing framework for intra-group financing activities

Managing Geopolitical Risk

Asia-Pacific update. TEI International Tax Planning Houston. 21 February 2017

Sri Lankan tax authorities implement transfer pricing regulations

Dominican Republic modifies transfer pricing regulations

Investing in Zimbabwe: An investor s experience

Hong Kong passes tax and transfer pricing legislation to counter Base Erosion and Profit Shifting

Indian Tax Administration releases draft rules on Country-by-Country reporting and Master File implementation for public comment

Price regulation. Rohan Samarajiva 29 September 2013 Taungoo, Myanmar

Transcription:

Taxation of natural resources: principles and policy issues Charles Makola The better the question. The better the answer. The better the world works.

Introduction Simplified economic and political framework for minerals Minerals are owned by nations (except for the US onshore and certain provinces in Canada), and must be fairly compensated for the extraction of these nonrenewable, exhaustible resources. Countries are constantly competing for investments, both international and in-country. Minerals, hydrocarbons in particular, are associated with economic rent that is broadly understood as a significant excess over costs and some normal business profit. Investors put their money in projects that provide attractive economic returns. Investments and technologies are required to monetize minerals. Governments are not best placed to explore for and develop minerals directly. Page 2

Fiscal regimes for minerals Specifics of minerals Rent capture and policy issues Great uncertainty (geology, costs, commodity prices) Varying rents Exhaustible resource Very long (and limited) project's period Significant risked capital requirements due to upfront exploration investments General General corporate corporate tax tax regime regime General tax regime does not capture a fair share of economic rent Regulatory and licensing policies are not sufficient to manage economic behavior of investors and deal with a spectrum of issues such as: promotion of exploration cost-efficient operations reserve maximization marginal fields/projects development re-investments domestic development and local content budget predictability Fiscal regime for minerals Page 3

The timing of government to impose taxes is crucial for profitable extraction of minerals Cashflow Illustration natural resource extraction lifecycle Bonuses VAT, Import duties Production bonuses Production sharing Special rent taxes Royalties Payout Time Exploration Preparation for production Production Abandon -ment Special income taxes Start of production Corporate income tax Page 4

Legal arrangements for minerals (hydrocarbons): global snapshot Default or most commonly used arrangement in a country: Concessions Production sharing contracts Risk service contracts Mixed OPEC countries Page 5

Shift of countries towards contracts with lesser number of terms Both concepts are feasible and have their pros and cons. The observation is that countries move toward the second concept as they review and develop their fiscal policies. CONSTITUTION REGULATIONS PETROLEUM / TAX LAWS CONTRACT CONSTITUTION REGULATIONS PETROLEUM LAWS PETROLEUM / TAX LAWS CONTRACT More fiscal and other terms envisaged only in a contract More terms are biddable/ negotiable Less terms envisaged only in a contract Less terms are biddable/ negotiable Page 6

Transfer pricing Africa footprint overview ALGERIA: TP legislation based on OECD, documentation requirements, 25% penalty on TP adjustment IVORY COAST: TP legislation based on OECD, documentation requirements SENEGAL: TP legislation, documentation requirements BURKINA FASO: TP legislation based on OECD, documentation requirements GHANA: TP legislation based on OECD, documentation requirements, thin cap NIGERIA: TP legislation based on OECD, documentation requirements, thin cap, APA program CAMEROON: TP legislation based on OECD, documentation requirements, thin cap ANGOLA: TP rules finalised in October 2013, documentation requirements if revenues exceed USD 70m. SOUTH AFRICA: TP legislation based on OECD, documentation requirements, thin cap, active revenue authority REST OF AFRICA: TP is regulated through general anti-avoidance or arm s length principles EGYPT: TP legislation, documentation requirements, thin cap, active revenue authority, APA program UGANDA: TP legislation based on OECD, documentation requirements, severe penalty provisions, thin cap KENYA: TP legislation based on OECD, documentation requirements, thin cap, active revenue authority TANZANIA: New TP rules came into effect in 2014 ZAMBIA: TP legislation based on OECD, thin cap MALAWI: TP legislation based on OECD, documentation requirements, thin cap ZIMBABWE: TP legislation based on OECD, thin cap NAMIBIA: TP legislation based on OECD, thin cap Page 7

Impact of current low oil price environment Our methodology and approach To analyse the impact of the oil price drop we have selected 115 regimes in 50 countries for five types of oil projects: Onshore Onshore unconventional Shallow water Deep water Arctic Our analysis has used the economic model of Dr. Pedro Van Meurs (under our global cooperation arrangement) Jurisdictions analysed Cost data for each country and each type of oil project was based on Wood Mackenzie s Upstream Data Tool The fiscal regimes were analysed under six oil price cases: US$100/bbl (benchmark case) US$60/bbl US$55/bbl US$50/bbl US$45/bbl US$40/bbl 115 50 Regimes analysed in countries Page 8

Countries responses so far Major recent changes triggered by the new oil price environment US Revision of royalties/severance taxes by many states UK Significant changes including reduced headline corporate tax rate from 62% to 50% and new investment allowance aimed at supporting the industry Russia Exploring optimal approaches to change the existing oil and gas regime Mexico Revision of IRR thresholds for the Round One PSCs China Increase in price threshold for the windfall tax (from US$55/bbl. to US$65/bbl.) Colombia Incentives to support interest in offshore opportunities (special 15% corporate income tax (general is 25%) and special customs terms Argentina In response to the significant drop in oil prices the export tax (royalty-like) has been modified (twice) to significantly decrease the duty rate How Africa will or will need to respond? Kazakhstan Decrease in export duty (royalty-like) from US$11/bbl to US$8/bbl, discussions on further modifications to the tax regime aimed at increasing its sustainability Page 9

EY Assurance Tax Transactions Advisory About EY EY is a global leader in assurance, tax, transaction and advisory services. The insights and quality services we deliver help build trust and confidence in the capital markets and in economies the world over. We develop outstanding leaders who team to deliver on our promises to all of our stakeholders. In so doing, we play a critical role in building a better working world for our people, for our clients and for our communities. EY refers to the global organization, and may refer to one or more, of the member firms of Ernst & Young Global Limited, each of which is a separate legal entity. Ernst & Young Global Limited, a UK company limited by guarantee, does not provide services to clients. For more information about our organization, please visit ey.com. How EY s Global Oil & Gas Sector can help your business The oil and gas sector is constantly changing. Increasingly uncertain energy policies, geopolitical complexities, cost management and climate change all present significant challenges. EY s Global Oil & Gas Sector supports a global network of more than 10,000 oil and gas professionals with extensive experience in providing assurance, tax, transaction and advisory services across the upstream, midstream, downstream and oil field subsectors. The Sector team works to anticipate market trends, execute the mobility of our global resources and articulate points of view on relevant sector issues. With our deep sector focus, we can help your organization drive down costs and compete more effectively. 2015 EYGM Limited. All Rights Reserved. This material has been prepared for general informational purposes only and is not intended to be relied upon as accounting, tax, or other professional advice. Please refer to your advisors for specific advice. ey.com/oilandgas