Presentation to OECD Policy Dialogue on Natural Resource-Based Development

Similar documents
CURRENT TAX ISSUES IN EXTRACTIVE INDUSTRIES

TRANSFER MISPRICING VIA MINERAL PRODUCTS

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

G20 DEVELOPMENT WORKING GROUP

International regulation and transparency to support Domestic Budget Revenues

PCT WBG IMF OECD. The Platform for Collaboration on Tax (PCT) The Platform for Collaboration on Tax (PCT) Workplan: PCT 14 Actions

The new global tax environment. What the global focus on Base Erosion and Profit Shifting (BEPS) means for your business

Global Action Menu for Investment Facilitation

Financing for Development Conference The Addis Tax Initiative Declaration

AFRICAN TAX ADMINISTRATION FORUM (ATAF)

BEPS ACTION 15. Development of a Multilateral Instrument to Implement the Tax Treaty related BEPS Measures

EMERGING ISSUES IN INTERNATIONAL TAXATION CHALLENGES AND WAY FORWARD PATIENCE T. RUBAGUMYA COMMISSIONER LEGAL SERVICES AND BOARD AFFAIRS

Base Erosion and Profit Shifting Project and Developing Economies

Shared Value as a Stepping Stone for Development Linkages? Evidence from Central Africa

Consultation Draft THE HIDDEN COST OF TAX INCENTIVES IN MINING

BEPS ACTION 11: Establish methodologies to collect and analyse data on BEPS and the actions to address it

GLOBAL ACTION MENU FOR

Income Tax Workshop Base eroding payments Tax certainty and BEPS... 29

G8/G20 TAXATION ISSUES : Tax Training Day, ODI, London 16 September 2013

Study on Transfer Pricing and Developing countries

Digital Sector Based Own Resource conclusions reached by the EC Expert Group and OECD-BEPS Action Plan on taxation and the digital economy

Tax Treaties and the Mining Sector: identifying the issues and coordinating responses

OECD issues Action Plan on Base Erosion and Profit Shifting (BEPS)

IGF-OECD PROGRAM TO ADDRESS BEPS IN MINING LIMITING THE IMPACT OF EXCESSIVE INTEREST DEDUCTIONS ON MINING REVENUE

VAT The submerged part of the BEPS

Ensuring a sound tax base in developing countries: Are the current international initiatives sufficient? Dr. Nara Monkam: ATAF Director Research

G20 Leaders communiqué demonstrates continued support on tax issues, highlights new developments

Analysing BEPS Impact Infrastructure sector

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL. Building a fair, competitive and stable corporate tax system for the EU

BASE EROSION AND PROFIT SHIFTING

Third International Conference on Financing for Development: Plenary

2 CONSULTATION DRAFT LIMITING THE IMPACT OF EXCESSIVE INTEREST DEDUCTIONS ON MINING REVENUES

Investment for development: Investing in the Sustainable Development Goals: An Action Plan

DECLARATION ON CURBING ILLICIT FINANCIAL FLOWS THROUGH GOOD FINANCIAL GOVERNANCE

Update on selected Policy Priority Projects. Business at OECD (BIAC) May 2018

Workshop on Practical Issues in Protecting the Tax Base of Developing Countries. Addis Ababa, 7-10 November 2017 BACKGROUND NOTE

Korean Tax Update BEPS Implementation

LIVE WEBCAST UPDATE ON BEPS PROJECT. 26 May :00pm 2:00pm (CEST)

Risk Based compliance Strategies for the Extractive industries

Deloitte TaxMax The 43 rd series One bold step in the right direction. Theresa Goh & Subhabrata Dasgupta l 22 November 2017 By Deloitte Tax Academy

Seminar Report: Building Capacity to Implement the IGF s Mining Policy Framework in Mongolia. March 20 23, 2017

page 2 / 7

The G20 Action Plan Agricultural Market Information System (AMIS)

OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas

EU Finance Ministers reach conclusions on new rules for Code of Conduct

Expert meeting on statistical methodologies for measuring illicit financial flows 20 June 2018

European Commission releases package on taxation of the digital economy

Chapter 16: National Economy Introduction

OECD BEPS final reports have implications for sovereign wealth and pension funds

APEC Finance Ministers Process (FMP) Roadmap/Cebu Action Plan

*******************************************

Business sets out key principles for digital tax measures

Resumption of Application of Substantial Activities Factor to No or only Nominal Tax Jurisdictions. Inclusive Framework on BEPS: Action 5

Measures to strengthen the implementation of the Convention through coordination and cooperation

Insurance Tax Insight The Global Tax Reset: BEPS & Insurance

Mobilizing Domestic Resources for Development & International cooperation

The Work of the UN Tax Committee

Making it add up. A constructive critique of the EITI Reporting Guidelines and Source Book

UN-ATAF Workshop on Transfer Pricing Administrative Aspects and Recent Developments Ezulwini, Swaziland 4-8 December 2017

International Standards for responsible mining

Comments on Public Consultation Document Addressing the Tax Challenges of the Digitalisation of the Economy

MOVING AFRICA BEYOND AID THROUGH TAX REVENUE MOBILISATION OUTCOMES STATEMENT October 2018

Practical Implications of BEPS

POSSIBLE UPDATE OF THE EXTRACTIVE INDUSTRIES HANDBOOK

The Sustainable Insurance Forum

OECD s Forum on Tax Administration agrees on BEPS implementation, digital and capacity building

IGF-OECD PROGRAM TO ADDRESS BEPS IN MINING TAX INCENTIVES IN MINING: MINIMISING RISKS TO REVENUE

This response to CESR s April 2004 consultation paper on the Role of CESR at Level 3 under the Lamfalussy Process is divided into three sections:

Governmental Accounting Standards Board of the Financial Accounting Foundation. GASB Adds Project on Performance Reporting.

Current priority areas for BIAC

ASOS plc Group Tax Strategy

Toolkit for Transfer Pricing Risk Assessment in the African Mining Industry Alexandra Readhead

Base erosion & profit shifting (BEPS) 25 May 2016

SUBSTANCE IS KING IN THE NEW WORLD ORDER TAX EXECUTIVES INSTITUTE, INC. MARCH 1, 2018

Review on Transparency and Disclosure: From the perspective of Bangladesh and other developing countries

IMF Revenue Mobilizations and Development Conference: Session on Business Taxation. Alan Carter (ITD) Washington DC, April 18, 2011

Study on Transfer Pricing and Developing countries

GOVERNANCE FRAMEWORK FOR

Carbon taxation an instrument for developing countries to raise revenues and support national climate policies

IP BOX TAX REGIMES. Rod Donnelly Thursday, September 14, 2017

Informal Ministerial Meeting on Responsible Business Conduct. 26 June 2014 OECD Château Room C Paris, France

Tax footprint report 2017

Exchange of Information and Tackling Base Erosion and Profit Shifting

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

Statement regarding IOSCO Principles

International Taxation Conference FIT-IBFD

COMMON TRENDS 2016; ESG, CSR & SDG s. Parul Sharma Head of CSR Compliance, Advokatfirman Vinge

Note on the Development of the Global Fund s Strategy

Hong Kong s OECD BEPS Associate status requires implementation of BEPS minimum standards

Transfer pricing challenges in extractive industries. Roberto Schatan Fiscal Affairs Department of the IMF

OECD/G20 Base Erosion and Profit Shifting Project

Recent and expected tax changes in Bulgaria and Greece important for cross-border operations

The Anti Tax Avoidance Package Questions and Answers (Updated)

Zambia EITI Beneficial Ownership Roadmap

EUROPEAN COMMISSION Directorate General Internal Market and Services

New Swiss corporate tax developments : A paradigm shift?

Global Environment Facility

5. Ireland is Countering Aggressive Tax Planning

Opinion: The fight against child labor abuses in mining

FAQs TRANSNATIONAL ALLIANCE TO COMBAT ILLICIT TRADE

Transcription:

IGF-OECD Program on Tax Base Erosion and Profit Shifting in the Mining Sector in Developing Countries Presentation to OECD Policy Dialogue on Natural Resource-Based Development June 16 th 2017

Intergovernmental Forum on Mining, Minerals, Metals & Sustainable Development (IGF) Formally established in 2002; first annual meeting in 2005; Forum for discussion and policy development (does not create obligations for member states); 58 Members today, growing to 60+ in a few weeks; Annual meeting in Geneva in October has 275-300 participants from government, civil society, industry and academia; Focuses on mining and sustainable development: MPF; Provides capacity building and training for governments, and other stakeholders; Conducts outreach to other engaged organizations, stakeholders.

IGF Member Countries

Needs and Challenges At the 2016 IGF AGM, member countries identified tax base erosion and profit shifting (BEPS) as their primary concern; BEPS are a particular risk to developing countries given their reliance on corporate income tax as a major revenue stream; Many resource-rich developing countries lack the sector-specific knowledge and expertise to respond to BEPS issues affecting mining revenue collection; The OECD BEPS Actions cut across sectors; hence, there is value in adapting them to be mining specific.

IGF-OECD Program on BEPS in the Mining Objective: Sector To provide developing country tax authorities and mining regulatory agencies with practical guidance and tools to address a range of BEPS issues affecting mining revenue collection. These materials will cover: 1. Excessive interest deductions; 2. Transfer mis-pricing (i.e. over-invoicing of goods, services, and assets received, and under-invoicing of mineral sales to related parties); 3. Limiting base erosion from mining tax incentives; 4. Implications of mining stability clauses & investment treaties for BEPS; 5. Mineral valuation capabilities to detect underpricing of exports; 6. Implications of tax treaties for BEPS in mining; 7. Indirect transfer of assets; 8. Ring-fencing implications for revenue timing/collection; 9. Financial arrangements (including metals streaming); and 10. Abusive hedging arrangements.

Rationale Behind Priority Issues: They are corporate direct tax issues commonly identified by developing countries that may be impeding resource mobilization from the mining industry; They were selected by participants at OECD-IGF Brainstorming Meeting on Mobilizing Resource Revenues from the Mining Sector: Tackling Leakages and Building on the OECD/G20 Actions on BEPS in 2016; The ten issues are not exhaustive, however the approach highlights the linkages between BEPS issues, and the need for a holistic response; Governments and companies need to take responsibility for harmful tax practices.

What the program will deliver: By producing practical guidance and tools to counter base erosion and profit shifting in the mining sector in developing countries, we will accomplish the following tasks: Building on actions such as the OECD/G20-led Actions on BEPS, we will adapt existing guidance on international tax issues to be mining sector specific. Filling vital gaps in the available resources, we will develop new practical guidance and tools that specify the precise legal, administrative, organizational, and technical means required for tax authorities and mining regulatory agencies to address the tax issue. Keeping administrative capacity front of mind, we will deliver practical tools capable of being implemented by developing country tax authorities. Creating a one-stop shop website for developing country tax authorities seeking support on tackling BEPS issues in the mining sector. A dynamic online repository for international tax issues and the mining industry.

Where we are now: Around the last OECD NR-PD, we developed a forward work program, and identified issues for immediate action; At the 2017 IGF AGM in October, and the NR-PD in December, we will present preliminary material on the following, today we invite your feedback on the direction of our work: Excessive interest deductions in the mining sector; Transfer Pricing Risk Assessment Toolkit for the Mining Industry; Design and use of tax incentives for mining investment; Strengthening mineral testing and verification capabilities, as well as mineral pricing methodologies for opaque markets e.g. bauxite; Stabilisation clauses and investment treaties. Fundraising is ongoing

Issue 1: Interest Deductions - Structure Use of debt in mining ( fact finding ) Differences/similarities to other sectors, across minerals/metals How does life stage of mine affect? What are main issues developing countries grappling with? Eg Capitalising interest costs into asset prices; complexity of arrangements; large number of debt instruments to analyse; how to benchmark debt terms? And how have countries responded. What policy tools do countries have to influence allocation of debt to producing countries? Eg BEPS Action 4, gearing ratios, caps on interest rates How would each affect investment decisions? Target: this year.

Issue 2 Transfer Pricing Risk Assessment Toolkit for the Mining Industry Alexandra Readhead OECD Natural Resource Policy Dialogue 15 th to 16 th of June 2017

Transfer Pricing Risk Assessment Toolkit for the Mining Industry What s the purpose of the risk toolkit? To strengthen the capacity of tax authorities to determine whether particular highrisk related party transactions in the mining sector should be selected for transfer pricing audit. What does the toolkit cover? 1. Offshore marketing arrangements; 2. Intercompany debt; 3. Corporate services procurement, and management. Why? Risk to revenue; and Prevalence.

How the Toolkit can help your tax authority detect and mitigate transfer pricing risks in mining Information Information checklist for each transaction, including useful publications. Transfer Pricing Risk Assessment Toolkit Methodology Industry Insight A step-by-step guide to reviewing high-risk related party transactions in the mining sector. Practical experiences from tax officials in mining countries, as well as industry experts. Financial Data Limited data showcasing industry practices (NOT comparable data).

How might your tax authority use the Toolkit? You're planning a transfer pricing audit, which related party transactions should you focus on? Sells minerals to marketing hub Buys equipment via procurement hub Gets management services from affiliate Receives loan from affiliate Transfer Pricing Risk Assessment Toolkit

How might your tax authority use the Toolkit? You have resources to conduct transfer pricing audits for 3 of 5 mines, which do you audit? A B C D E Transfer Pricing Risk Assessment Toolkit B D E

Next Steps Our immediate plans: ATAF will use the Toolkit in its technical assistance to member countries; GIZ, in partnership with the Intergovernmental Forum on Mining (IGF), will run trainings on the Toolkit for interested countries, starting with Cote d Ivoire in August; Other plans? The Toolkit will be available online, and can be accessed by anyone interested in using it. Countries should download the Toolkit and use it in whatever way is most useful. Questions about the Toolkit, or expressions of interest in training opportunities should be directed to alexandra.readhead@iisd.org

Issue 3: Mining Fiscal Incentives Objective: To provide resource-rich developing country governments with practical guidance on how to design and use mining tax incentives in a way that limits potential for base erosion and profit shifting. 1. A catalogue of commonly used tax incentives for mining investment: prevalence; relative costs and benefits; relative significance to investors, considering project life-cycle; potential for abuse/ profit shifting; 2. Case studies, extrapolating high-level principles for design and use of incentives; 3. A demonstration of the fiscal cost of incentives using project cashflow models; relative magnitudes of direct revenue loss; potential for indirect revenue loss; 4. Recommendations on design and use of incentives, including a checklist of policy and administrative considerations.

Issue 5: Mineral Valuation - Structure Extends the Mineral Prod. Pricing Toolkit Issue: what can tax authorities do when examining sale price of a mineral product to related party where there is no transparent market price to compare against? Use bauxite as a case study to illustrate Structure: Transformation chain, key products and their characteristics (as per established methodology) What do we know about how they re traded; what drives prices; adjustments/penalties? Possible options on how to proceed (information requirements? Prescribe a price formula?)

Thank You! If you want to contribute please contact us: Alexandra Readhead: BEPS Project Technical Advisor, IGF Alexandra.readhead@iisd.org Howie Mann: Senior International Law Advisor, IISD/IGF howardlmann@gmail.com Dan Devlin: Senior Tax Advisor - Extractive Industries, OECD Dan.DEVLIN@oecd.org