Part II guidance Notes Pillar I – Laws, Policies, and Institutions
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MPF Part II Guidance Notes - For Ratification (1)
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- Guidance to Implement Pillar II – Financial Benefits MPF recommendations Guidance 2.1 Fiscal Regime Design
Objectives • To design and administer a fiscal regime that maximizes government revenues from mining, subject to other policy goals such as attracting private investment, obligations related to local content, domestic processing, environmental and social cost mitigation, gender impact, health and safety, and energy efficiency. • To increase transparency and accountability of mining revenue collection and management. • To manage and distribute financial benefits from mining to benefit the host country´s present and future generations. Scope of Application This Pillar is applicable to: • Large-scale mining activities across the mining life cycle. While there is some overlap with the taxation of artisanal and small-scale mining, the unique policy objectives and the involvement of different actors in ASMs require a distinct approach and is covered in Pillar VI. • Metallic and non-metallic mining. Guidance to Implement Pillar II – Financial Benefits MPF recommendations Guidance 2.1 Fiscal Regime Design 2.1.1 Design a fiscal regime that is based on law and on a qualitative and quantitative analysis that optimizes government revenues across mining projects, and that is subject to the country’s economic and social policy. • In designing its fiscal regime, the government should incorporate all aspects of its mining policy and mining law. In particular, the fiscal regime should consider goals such as attracting private investment and the government’s obligations related to local content, domestic processing, environmental and social cost mitigation, gender impact, health and safety, and energy efficiency. Refer to the IGF/ATAF guide The Future of Resource Taxation: 10 policy ideas to mobilize mining revenues. • Government should use an economic model to assess the total economic impact of all royalties, fees, taxes, and other fiscal instruments applicable to the industry sector, as well as In keeping with the commitment of the IGF members to ensure that mining activities within their jurisdiction are compatible with the Sustainable Development Goals (SGDs), implementation of Pillar II’s recommendations advance the following SDGs: • SDG 1 (No Poverty) by establishing fiscal mechanisms to enable mining communities to benefit financially from mining activities. • SDG 5 (Gender Equality) by ensuring women are involved in decision-making regarding financial disbursement in communities. • SDG 10 (Reduced Inequalities) through inclusive and gender-responsive community engagement when developing fiscal mechanisms to benefit mining communities. • SDG 16 (Peace, Justice and Strong Institutions) by increasing transparency and accountability at all levels. • SDG 17 (Partnerships for the Goals) by strengthening domestic resource mobilization and improving domestic capacity for tax and other revenue collection. 10 the costs associated with its other policy goals. For example, the International Monetary Fund’s Fiscal Analysis of Resource Industries (FARI) Methodology (2016). • The fiscal regime should benchmark against other comparable jurisdictions – those with similar mineral endowments, investment environments, institutional and administrative settings – while considering the country’s comparative advantages. 2.1.2 Adjust how much revenue the government collects according to the profitability of mining projects. • The average effective tax rate of profitable mining projects should be at least in the range of 40-60%. Tax rates may be higher as long as mining investments’ rates of return allow a country to reach its mining investment policy objectives. Refer to the IMF´s Fiscal Regime for Extractives Industries – Design and Implementation . • The average effective tax rate should be progressive, being higher for more profitable mining projects than for less profitable ones. 2.1.3 Ensure the fiscal regime is clear and simple for both investors and the government administration. • The mining fiscal regime should be clearly laid out in the mining law, a dedicated mining tax law, and/or the general tax/revenue code. • Government should publish all regulations and administrative guidance required to interpret the law. • There should be a limited number of royalties, fees, taxes, and other fiscal instruments applicable to the mining industry – in general, fewer than ten. • Government should publish on a website and through other media (e.g., EITI reports) a clear summary in plain language of all royalties, fees, taxes, and other fiscal instruments that apply to the mining industry. • There should be a transparent process for investors to seek clarity on any element of the fiscal regime from the administration. 2.1.4 Limit opportunities for investors to engage in tax avoidance; adopt measures against base erosion and profit shifting in the domestic law and international legal instruments. • The mining fiscal regime should include measures against tax avoidance. In particular, it has provisions to: o Monitor the quantity and quality of mineral production and exports. o Clear ring-fencing rules. o Provisions to limit excessive interest deductions; refer to the IGF/OECD’s Practice Note Limiting the Impact of Excessive Interest Deductions on Mining Revenue . o Deal with tax treaty abuse, the manipulation of transfer pricing, and the taxation of offshore indirect transfers of mining assets; refer to the Platform for Collaboration on Tax’s The Taxation of Offshore Indirect Transfers – A Toolkit . • The country’s tax code should include strong anti-tax avoidance measures that apply to the mining sector. The country may wish to adopt the OECD BEPS actions or other international standards to protect against base erosion and profit shifting. • The tax code should align with international good practices in transfer pricing, such as the OECD or the UN Transfer pricing guidelines. • The tax treaty policy should align with international good practice, such as the OECD or the UN model provisions, and adapted to protect countries’ right to tax mining income (refer to the IGF’s Protecting the Right to Tax Mining Income Tax: Tax treaty practice in mining countries ). Download 0.9 Mb. Do'stlaringiz bilan baham: |
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