ACACIA Mining PLC says it is very disappointed with allegations that it has been running a 'sophisticated tax evasion' scheme in the country, following a ruling by the Tax Appeals Tribunal in March, this year, in favour of the Tanzania Revenue Authority (TRA) in a matter over a dispute in taxation.
The concern was raised by the Chief
Financial Officer for Acacia, Andrew Wray during an interview with the
media in Dar es Salaam recently.
Wray was asked to comment on media
reports which alleged that his company is literally short changing the
government of Tanzania and is not complying with its tax obligations.
“It is something that we take very
seriously. Unfortunately, tax is a complex subject and always requires a
lot of time for someone to understand exactly what taxes are. The story
about Acacia evading tax is very disappointing, because there isn’t any
truth about it. In fact it is completely the opposite,” he said.
“We as a company have agreed with the
Tanzania Revenue Authority (TRA) that we will be paying tax ahead of
time in 2016, so we are disappointed with the story; but I think it is
up to us to ensure people understand what it is all about, and in the
end they can see for themselves that we don’t evade tax but meet all of
our obligations.”
Elaborating further on the matter of
taxation and the media stories, Wray said: “There are two elements to
understand the situation … one relates to the mines we operate in
Tanzania which are Tanzanian businesses and declare their taxes in
Tanzania and all entities paying taxes in the country.”
“And the other side,” explained the
Chief Financial Officer “… is the parent company which is registered and
incorporated in the UK and obviously is governed by the laws of the UK
and is a taxable entity in the UK.”
According to Wray, the two elements have
been mixed up, The UK entity is being told to pay taxes in Tanzania
when it is the mines in the country that should do so. “They do pay
declared taxes; we’ve made that clear, and likewise the company in
London will report to the UK authority.
So I think some of those facts have got a
little bit mixed up and it is important to know that the businesses in
Tanzania paid significant taxes; in fact in 2015 we have already paid
200bn/- in taxes,” he clarified.
“Therefore, the company in London
doesn’t pay taxes in Tanzania because the businesses in Tanzania do that
and TRA knows this. As I said, due to our commitment to Tanzania … we
have been here for the past 15 years; we have voluntarily signed to a
tax prepayment memorandum.
Acacia and its subsidiaries have agreed
to pay in advance US$20 million in corporate tax to demonstrate its
commitment to Tanzania. The amount is an addition to the company’s
direct contribution of US$372 million in taxes and mining royalty
payments over the past three years. He said the move demonstrates
Acacia’s full compliance with all international and domestic tax
legislation.
Wray explained that what was reported as
tax evasion scheme by his company was actually a tax dispute which was
yet to be resolved, and that TRA was aware of it. But due to
misinterpretation of tax matters, the company was seen as scheming to
avoid paying tax. He says his firm has not and will never engage in any
form of tax avoidance schemes, since the company understands that the
government needs money to fund various services in the country.
“Acacia is ethically and legally bound
to pay its fair share of tax as money collected from taxes, help
government provide a variety of services to its citizens, so we are not
defaulters of any form of tax.” Acacia which was known as Africa Barrick
Gold until November 2014 owns and operates three gold mines which
include Bulyanhulu, Buzwagi and North Mara.
The company has produced over over eight
million ounces of gold from its combination of open pit and underground
mines, making it the leading gold producer in Tanzania. Acacia Mining
Plc which is the parent company of Acacia Tanzania is a UK public
company with its headquarters in London.
It is listed on the London Stock
Exchange under the symbol ACA and has a secondary listing on the Dar es
Salaam Stock Exchange (DSE)
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