ACACIA Mining PLC is to pre-pay 20 million US dollars in corporate taxes this year after signing a Memorandum of Understanding with the Tanzania Revenue Authority (TRA) last month in Dar es Salaam.
According to the Acacia’s CEO, Bradley
Gordon, this proactive move was initiated by Acacia Mining PLC in
recognition of the time the company has been operating in the country.
Acacia Mining, which entered the
Tanzania mining sector as Barrick and later as African Barrick Gold 15
years ago has been making profit, according to Mr Gordon, in his
internal communication to Acacia staff at the weekend.
However, much as the company has in most
cases declared net profit across the mines it owns the fact of the
matter is it has not yet recouped the USD 3.8bn it has invested into
building and developing the three mines it owns.
Under Tanzanian mining law and the terms
of the Mineral Development Agreements between Acacia Mining PLC and the
government any profit made is used to offset the initial investment and
therefore during that period the company is not required to pay any
corporate tax.
Mr Gordon says in elaborating the issue
of profit that “when running a business one needs to first exclude all
costs from your income before you can declare a profit - the cost in
this case is the initial capital cost that has been invested to develop
the mines”. “Whilst we make net profits, these are not taxable and our
current projections are we aren’t due to pay corporate taxes until
2018”, he says.
According to Mr Gordon, the fact that
the MOU between Acacia and TRA has been signed and has been recognised
as a pre-payment by all parties makes it clear that in the TRA’s
opinion, no corporate tax is currently owed by Acacia and therefore none
has been evaded.
In its recent ruling, the Tax Revenues
Appeals Tribunal (TRAR) accused the gold mining giant of running a
sophisticated tax evasion scheme in the country.
Acacia has since appealed to the Court
of Appeal against the ruling asserting that the company’s financial
reports conformed to international best practices and were audited by
global accounting firms and government organisations.
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