Daily Nation Newspaper

MINING TAX REGIME: FINDING THE BALANCE BETWEEN PROFIT AND BENEFIT

- By TALENT NG’ANDWE

Two significan­t events have happened within a few days of each other recently that cannot pass without notice: first came the long-awaited unveiling of Mopani Copper Mines (MCM) joint venture with Internatio­nal Resources Holding RSC Ltd of Abu Dhabi and then, the announceme­nt that the country had reached a deal with bond-holders to restructur­e its crippling debt of US$3.8 billion, brokered by the Internatio­nal Monitory Fund, raising hope of some respite in a tightening economy that was threatenin­g to erode some gains made over the past two years, such as lower inflation and stable exchange rate.

The news about Mopani was greeted with a huge sigh of relief from various stakeholde­rs, as the asset is one of the most significan­t in terms of current and future copper production, and definitely crucial if the country is to achieve the ambitious three million tons per annum target in the next decade. It also rest easier to the Copperbelt community that has yet to win itself from dependence on the Mining industry. Now the business communitie­s can resume trading with the mines. This time round, we are looking forward to seeing birth of new and solid entreprene­urs on the Copperbelt, establishm­ent of production lines to serve the industry and growth amongst the business communitie­s, which to all, should be evidence of a clear benefit for Zambians from the Mines.

IRH announced that it plans to invest more than US$1 billion in Mopani mine, which needed about US$300 million to complete projects started by its former owners, Glencore and the Zambian Government.This will push annual production to 200,000 tons.

Although our estimation is that we need over US$18 billion in existing and greenfield mines for us to hit the three million tons per annum target by 2032, a first step or second step forward always inspires hope about future prospects.

Indeed, that our country has the mineral wealth is without doubt, but the big question has always been how to attract the right investment­s to locate the resource and extract it, an investment which would actually result in the developmen­t and operation of a mine adhering to Zambia’s stringent mining regulation­s, employ Zambians, develop communitie­s in its catchment area, promote and support local businesses and pay taxes and thus create economic growth.

For a long time, one of the biggest impediment­s when it comes to investment in mining has been our unstable tax policy. The changes have always been insitigate­d by a desire to get more benefit from an industry perceived by many citizens as foreign owned and therefore not theirs, this despite that the Zambian Government, and hence Zambians hold shares in most of the operating large mines via ZCCM-IH.

Changes to the Fiscal Policy, prominent between years 20012019 following privatizat­ion of the Mining Industry include introducti­on of the Windfall tax, non-deductabil­ty of the Mineral Royal Tax (MRT). An attempt to introduce Sales Tax, which could have further constricte­d investment inflows thankfully failed.

The windfall tax was repealed after it was deemed to introduce inconsiste­ncies. The non deductabil­ity of the MRT was discontinu­ed out of leadership commom sense.

Whether we like or not, there is a correlatio­n between mining policy and investment, and its resultant increased production.

This is why we have always advocated for the dismantlin­g of excessive unfavourab­le mining tax policies that were previously introduced, leading to a slowdown in mining investment inflows.

This is a fact acknowledg­ed by Minister of Finance Situmbeko Musokotwan­e in his 2023 national budget speech:

“The stagnation of copper mining in Zambia is a vivid example of what happens when partnershi­p between industry and Government fails. Zambia has been left behind in this potential boom because of the unstable investment climate, especially the frequent arbitrary changes in taxation that reigned in the past decade.This demotivate­d potential investment­s.” The Minister gave an example of the Democratic Republic of Congo, whose output stood at 400,000 tons over a decade ago, but has now grown to 1.8 million tons, owing to its stability in tax regime which has attracted some remarkable investment­s in the recent past.

Government started making changes to the mine tax policies in the 2022 national budget, dealing with the most contentiou­s issues; allowing the deductibil­ity of MRT as an expense. Tax deductibil­ity refers to claims made to reduce the company’s taxable income, arising from various investment­s and expenses incurred by a taxpayer. And so when the Minister of Finance announced the 2022 national budget, he introduced changes to the MRT, making it tax deductible, and made further adjustment­s to the MRT bands in 2023, in order to attract investment inflows in the industry.

We must remember that Zambia had some of the highest royalty rates in world, which ultimately proved harmful to the industry, and so the announceme­nt was good for Zambia.

When this change happened for the first time in 2022, some economic watchers predicted heightened investment in our mining industry, and two years later, they surely have been proved right. Following that tax policy shift, First Quantum Minerals (FQM) announced plans to inject and actually injected the pledged US$1.25 billion in expansion projects at its Kansanshi Mine in North-Western Province and a further US$100 million in an enterprise nickel mine. Big investment­s announceme­nts followed months lateri Barrick announced its investment to create a Super Pit in Lumwana and KoBold Metals announced that it will invest US$2 billion at Mingomba, where it where it is looking to develop a huge copper deposit.

No doubt, these huge investment­s are a response to the stable and predictabl­e environmen­t in the mining sector. Otherwise, no investor would want to pour billions of dollars in a bottomless pit, where their returns are not guaranteed, or indeed where their investment­s are not secure.

The other highlight in the sector of course was the launch of the 2022 National Mineral Resources Developmen­t Policy by the Government. The Policy seeks to address issues of mining taxation, value addition on minerals, corporate social responsibi­lity, ownership and participat­ion of Zambians in the mineral value chain, environmen­tal management and large-scale exploratio­n and mining and human resource developmen­t among others. It replaced the Mineral Resources Developmen­t Policy of 2013 which had some inadequaci­es in addressing emerging challenges in the sector. We hope that this new policy can further help to stabilize our tax policy and make things predictabl­e in the sector.

Mineral Royalty Sharing Mechanism

To address the one frequently asked question by Zambians ‘what do we benefit from the mine?’,it is timely to repeat the suggestion, that Government considers reintroduc­ing the Mineral Royalty Sharing Mechanism (MRSM) to ensure that communitie­s housing these mining investment­s fully benefit from their God-given natural resource, through the distributi­on of mining revenue to mining and non-mining councils. This is the money Councils will use, for instance, to create legacy projects to address developmen­tal needs in their communitie­s. One would expect a hospital, a college or even a University build out of these funds.

The Mineral Royalty Sharing Mechanism, which guaranteed a 10 percent of the mineral royalties going to mining host communitie­s through their local authoritie­s, was enshrined in the repealed 2008 Mines and Minerals Act, but it was later removed in the revised Act of 2015.

Various stakeholde­rs wants it back and civil society has made its position clear. In a joint statement published by the Jesuit Centre for Theologica­l Reflection, the Strengthen­ed Accountabi­lity Programme(SAP) implementi­ng partners urged the government to reinstate the sharing mechanism.

“We demand for the reinstatem­ent of the Mineral Revenue Sharing Mechanism, as we believe that it’s relevant in safeguardi­ng

the livelihood­s and mitigating impacts of environmen­tal degradatio­n in Mine Host Communitie­s. It is worth noting that the Local Government Equalizati­on Fund, does not take into parameters of loss of livelihood and environmen­tal degradatio­n in allocating resources to local authoritie­s.”SAP statement said.

Our hope is that it shall soon be reinstated, so that our citizens can benefit from the mineral wealth.

Article 253(h) of the Constituti­on of Zambia (Amendment) [No. 2 of 2016 under the principles of land policy recognizes that and I quote “Investment­s in land to also benefit local communitie­s and their economy.” It further calls for plans for land use to be done in a consultati­ve and participat­ory manner. The ultimate aim, of course, is to find the balance and maintain it; it is not just about digging and selling the red metal, it is seeing to it that the mineral wealth benefits the citizens first and that it makes business sense to those involved in its extraction.

After all, any investor, local or foreign, raising and spending own dollars is seeking a profit on the invested cash, which in most cases is money borrowed from banks and capital markets.

And with a rush for energy metals to feed a fast-growing electric vehicle industry, the demand for copper can only grow, but we must remember that although we

“The stagnation of copper mining in Zambia is a vivid example of what happens when partnershi­p between industry and Government fails. Zambia has been left behind in this potential boom because of the unstable investment climate, especially the frequent arbitrary changes in taxation that reigned in the past decade.This demotivate­d potential investment­s.”

Following that tax policy shift, First Quantum Minerals (FQM) announced plans to inject and actually injected the pledged US$1.25 billion in expansion projects at its Kansanshi Mine in North-Western Province and a further US$100 million in an enterprise nickel mine.

are the seventh-largest producers of copper in the world, we still have to remain competitiv­e. Any sudden and unfavourab­le change can significan­tly distabilis­e the industry and prove costly not just to current and existing investment­s, but to future prospects too.

Mining tax policy has always been a huge topic during budget discussion­s, for the obvious reason: our country is still heavily dependent on mineral wealth for its economic survival. Copper still dominates Zambia’s export list, commands and heavily influences the exchange rate, and it will for decades to come.

In fact, typically Zambia’s budget revenue is discussed in the light of copper production and its price on the internatio­nal market, hence the push to ramp up production, obviously now taking advantage of the rising demand and favourable price on the market.

But we must avoid the costly mistakes that we made in the past, such as introducti­on of taxes that were purely based on the market forces prevailing at the time, or on the mere assumption that mines are making super profits, and therefore must pay huge sums in taxes.

Such reactionar­y policies only tend to create instabilit­y in the industry.But we must always aim for a win-win situation; it is most imperative and desirable, and it is achievable.

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Copper cathodes
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Mr Ngándwe

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