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Moba Hotel - Effects of VAT

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    Mr. Jackson Sikamo - President, Zambia Chamber of Mines

    PRESENTATION ON THE IMPACTS OF VAT RULE 18(b)

    PRESS BRIEFING

    8TH

    OCTOBER, 2014

    MOBA HOTEL KITWE

    Giving back to Zambia

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    advancing the interests of our members, local

    communities, the country and all stakeholders while

    promoting sustainable and responsible mining

    MISSION STATEMENT

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    SOURCE OF DATA

    THE ICMM REPORT on Enhancing Minings Contribution to the

    Zambian Economy and Society

    This work was supported by the ZAMBIA CHAMBER OF MINES

    and was independently conducted by the OXFORD POLICY

    MANAGEMENT (OPM)

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    Statistics were obtained from a number of Government ministries and other organizations,

    Bank of Zambia

    Central Statistics Office (CSO)

    Zambia Development Agency (ZDA)

    Zambia Extractive Industries Transparency Initiative (ZEITI)

    World Bank

    International Monetary Fund (IMF)

    World Health Organisation (WHO)

    United Nations Conference on Trade and Development (UNCTAD)

    United Nations Development Programme (UNDP)

    SOURCE OF DATA

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    The study focused on the four largest companies;

    Konkola Copper Mines and Mopani Copper Mines from the Copperbelt and;

    FQM Kansanshi Mine and Barrick Lumwana Mine from North Western Province.

    The study was conducted over a period of 10 months from March 2013 to December 2013.

    Insights and feedback from two workshops were incorporated into the report:

    First workshop 12th June 2013 in Lusaka attended by Government and Industry

    representatives

    Second workshop Multi-stakeholder workshop exploring the economic and social

    contributions of mining in Zambia 7th November 2013 in Lusaka around 150 participants

    from a broad selection of Industry, Government and non-government organisations.

    SOURCE OF DATA

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    Source: ICMM (International Copper Study Group from 1996 onwards (Copper Bulletin March 2012 & April 2013;Yearbook 2006 Statistical Yearbook 2008 US Geolo ical Surve Annual Mineral Re orts 1963-1995

    Copper production

    National ownership Private ownershipPrivate ownership

    Share of global production(Percentage.)

    Copper production(Tonnes.)

    0

    100,000

    200,000

    300,000

    400,000

    500,000

    600,000

    700,000

    800,000

    0%

    2%

    4%

    6%

    8%

    10%

    12%

    14%

    16%

    1963 1967 1971 1975 1979 1983 1987 1991 1995 1999 2003 2007 2011

    Zambia Coper Production

    Zambia percentage share of globalcopper production

    Zambia copper production

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    MAJOR INVESTMENT PROJECTS 2000 TO DATE (US$10.85BN)

    Project Mopani KCM FQM Lumwana Kansanshi

    Mopani Synclinorium 323m

    Mufulira Deep Shafts 327m

    Mindola Deep Shaft 232m

    Mopani Concentrator 300m

    Trident Project 2bn

    330KV Power line Lusaka toSolwezi

    230m

    Kansanshi Mine expansion 1.9bn

    Kansanshi Mine Smelter 640m

    KDMP new smelters, 3concentrators, TLP Expansion

    2.9bn

    TOTAL US$1.18bn US 2.9bn US$2.23bn US $2bn US$2.54bn

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    Type of Employment Copperbelt North-Western Total

    Direct employment, mining

    companies

    16,800 3500 20,300

    Direct employment, contractors 23,800 12,100 35,900

    Indirect employment, service

    providers

    1,200 2,000 3,200

    Indirect employment, goodsproviders

    4,200 - 4,200

    Indirect employment, social

    spending

    6,500 3,100 9,600

    Induced employment 53,000 21,500 74,500

    Total 105,500 42,200 147,700

    Of which indirect and induced 64,900 26,600 91,500

    Implied multiplier 2.60 2.71 2.63

    Total as share of total employment 15.9% 14.8

    Source: Company data and OPMs calculations

    EMPLOYMENT

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    EMPLOYMENT CREATION (EXPATRIATE RATIO)

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    MININGS CONTRIBUTION TO GOVERNMENT TAX REVENUES

    Source: Zambia Revenue Authority, 2014 includes revised data and latest 2013. This data is not in report

    Government revenue(Kw million)

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    Overview: Macroeconomic contributions of mining

    Foreign Direct Investment

    Exports

    Government Revenue

    Gross Domestic

    Product

    Direct

    Employment

    Zambia

    2012

    Typical share in

    low and middle

    income mineral-driven countries

    86% 60 90%

    80% 30 60%

    >25% 3 20%

    >10% 3 10%

    1.7% 1%

    >

    >

    >

    >

    Source: ICMM MPD Toolkit analysis

    >

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    AUDITS CARRIED OUT ON MINING COMPANIES

    TYPE OF AUDIT RESPONSIBLE AUDITOR

    STATURORY EXTERNAL AUDITS REPUTABLE INTERNATIONAL AUDITING FIRMS: KPMG

    PriceWaterhouse Coopers

    Deloitte and Touche

    Grant Thornton

    GOVERNMENT AUDITS ZRAAnnual Audits

    ZRA Adhoc Audits

    AuditorGenerals Office Audits Government

    Departments (GSD, ZEMA, MSD)

    Mineral Value Chain Monitoring Project (MVCMP) -

    NO REPORT OF AUDIT FINDINGS TO DATE

    VOLUNTARY AUDITS Zambia Extractive Industries Transparency Initiative

    (ZEITI)

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    TYPICAL PRODUCTION PROFILE

    2yrs -20yrs

    1 2 3 4

    1 Mine Exploration - 7-10 years

    2 Mine Development- 5-10 years

    3 Mine Operation 2-20 years

    4 Mine Closure 2-10 years

    7-10yrs 5yrs -10yrs 2yrs -10yrs

    Production

    Time

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    SOCIAL INVESTMENT BETWEEN PROVINCES

    Source: Mining company data and authors calculations

    (2012 data from the four mining companies)

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    WORLD COPPER INDUSTRY COST CURVE

    0

    1,000

    2,000

    3,000

    4,000

    5,000

    6,000

    7,000

    5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 100

    Per cent of world production, cumulative

    Source: Raw Materials Group, Sweden.

    Cash costs

    (C1, US$/tonne)

    North-west province mines

    48 67th percentile

    Copperbelt mines (87- 99th percentile)

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    COST CREEP

    Electricity tariff increment

    Increase in levies and fees;

    Workmens Compensation Fund increase of assessment rate

    from 6% to14%

    Reduction in capital allowances

    Continued uncertainty about taxation and fiscal regime

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    VAT RULE 18

    In its current form, VAT Rule 18 requires;

    a) Copies of export documents for the goods, bearing a certificate of shipment provided

    by the Authority;

    b) Copies of import documents for the goods, bearing a certificate of importation into the

    country of destination provided by the customs authority for the country;

    c) Tax invoices for the goods exported;

    d) Proof of payment by the Customer for the goods;

    e) Documentary evidence proving that payment for the goods has been made by the

    customer into the exporters bank account in Zambia; and

    f) Such other documentary evidence as the authorized officer may reasonably require

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    RESEARCH ON VAT RULE 18

    June 2014 Study requested by Ministry of Finance for analytical

    support revealed that VAT Rule 18 in its current form is;

    a) Not imposed in any other country from an international

    comparison of nine countries;

    b) Counter-productive;

    c) Administratively burdensome;

    d) Impractical/impossible for mining companies to meet

    e) Increases cost of business

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    HISTORY OF VAT RULE 18

    We strongly want to bring to the attention of the nation that;

    every finance minister since 1997 has been treating all copper/cobalt and

    copper/cobalt-related products as zero rated for vat purposes and as such

    have been consistently refunding input VAT.

    The situation changed when Gazette Notice No. 26 of 2013 was released by

    ZRA, which adjusted all VAT Returns to standard rate export sales until proof

    of compliance to the Rule had been made in order for exporters to claim VAT

    Refunds

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    FAILURE TO RESOLVE VAT RULE 18 - IMPACTS

    The immediate impacts of cashflow constraints due to lack of refunds have been;

    Suspension of capital projects,

    Deferment of capital projects,

    Cancellation of capital projects,

    Slowing down of production levels,

    Payments to suppliers pushed back by 90 days or more

    Reduction on CSR programs.

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    FAILURE TO RESOLVE VAT RULE 18

    The long-term impacts are projected to affect;

    Mine production,

    Production costs,

    Jobs (Direct, indirect and induced)

    Suppliers of goods and services to the mining industry will have

    no business,

    Overall reduced revenue collection by ZRA

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    STAKEHOLDERS ENGAGED OVER VAT RULE 18STAKEHOLDER DATE OFFICIAL MET

    Ministry of Finance 23rd January 2014 Honorable Minister of Finance

    Secretary to the Treasury

    ZAMBIA REVENUE AUTHORITY 14thApril 2014 Commissioner General

    Zambia Private Sector Alliance 9th May, 2014 Zambia Association of

    Manufacturers (ZAM)

    Zambia Chamber of Commerce

    and Industry (ZACCI)

    Zambia National Farmers Union

    Customs to Business Forum

    Zambia Revenue Authority 3rd June 2014 Commissioner General

    Zambia International Trade Fair 7th July, 2014 Various Stakeholders

    Private Sector Development

    Reforms Programme

    August 2014 Coordinator

    Zambia Private Sector Alliance 27th September, 2014 President

    30th September, 2014 Secretary to the Cabinet

    Ministry of Mines, Energy and

    Water Development

    3rd October, 2014 Honorable Minister of Mines

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    CORRESPONDENCE SENT REGARDING VAT RULE 18STAKEHOLDER DATE OFFICIAL

    Ministry of Finance 4th February 2014 (sent) Secretary to the Treasury

    Zambia Revenue Authority 23rd

    May 2014 (sent) Commissioner General

    Zambia Revenue Authority 28th May 2014 (received) Commissioner General

    Zambia Revenue Authority 5th June 2014 (sent) Commissioner General

    Zambia Revenue Authority 10th September 2014 (sent) Commissioner General

    Zambia Revenue Authority 12th September 2014 (received) Commissioner General

    Ministry of Mines

    Ministry of Finance

    Ministry of Commerce

    Ministry of Labour

    Private Sector Development

    Reform Programme

    22nd September 2014 (sent) Honorable Ministers

    Coordinator, Private Sector

    Development Reform Programme

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    THE WAY FORWARD

    Our sincere appeal is that VAT rule 18 be looked at urgently and

    resolved and the VAT refunds made to all exporters so that we can

    continue to progress on the path of increasing mining and

    manufacturing production to sustain and continue to create jobs. The

    Zambian Mining Industry will continue to be the Engine of the Zambian

    economy for a long time to come. This industry needs to be nurtured

    so that we continue to generate revenues required to diverse our

    economy.


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