Thesis (M.Com. (Taxation))--University of the Witwatersrand, Faculty of Commerce, Law and Management, School of Accountancy, 2014. / Cannot copy abstract

The method of taking into account assessed losses in calculating the taxable income of mining companies is of significant importance following the Armgold/Harmony Freegold case. In this case, the court had to determine the method of calculating a mining company’s taxable income where at least one of its mines incurred a loss and where nonmining income was also derived. What constitutes an assessed loss, and the order in which it should be applied in calculating a mining company’s taxable income, was central to this case. In this study, the different approaches adopted by the parties to the case in order to determine whether there is an assessed loss, and the order in which it should be utilised in calculating taxable income, was analysed and compared to an analysis of the provisions of the Income Tax Act. In terms of this comparison, the judgment was found to be in accordance with the current legislation in the Income Tax Act. There is, however, a lack of updated guidance on matters relating to mining tax as is evident from the different interpretations of the provisions of the Income Tax Act by the parties to the case. Further research is therefore recommended in order to provide updated guidance to mining companies. / Dissertation (MCom)--University of Pretoria, 2013. / am2014 / Taxation / unrestricted

The South African mining tax regime is a fairly mature legislative framework. The legislator has made numerous changes to the legislation in order to respond to the trends of the industry. This framework has arguably been behind the substantial contribution of the mining industry to the South African economy. Recent trends have seen numerous jurisdictions especially in the African continent changing and in some instances completely replacing their entire framework with new legislation. South Africa has recently come under pressure to make substantial changes to its mining tax framework in a manner that mere legislative amendment might not suffice. This follows the recommendations of inter alia the ruling party, African National Congress which proposes changes to the mining tax regime. Due to the fact that the proposed changes could have a significant impact on the mining industry as well as South Africa as a mining nation, the state has established the Davis Tax Committee to investigate the viability of the proposed changes as well as the advantages and disadvantages thereof. The Davis Tax Committee has made interim recommendations which at most are in favour of retaining the status quo and making minor changes to the current mining tax framework. Prior to making an evaluation of the recommendations made by the Davis Tax Committee it is necessary to lay the basis of the recommendations which includes giving an overview of the current mining tax regime as it is and thereafter discussing the calls for change in the said regime. The purpose of conducting this study and evaluation is to make recommendations in response to the calls for regime change as well as the Davis tax Committee's recommendations in respect of the proposed change. / Mini Dissertation (LLM)--University of Pretoria, 2017. / Public Law / LLM / Unrestricted

A problem South-Africa is facing is that the wealth created by mines (also called economic rent) may not yet get distributed satisfactorily evenly between the nation and investors. In an attempt to find a solution to the abovementioned dilemma, government initiated a feasibility study for the nationalisation of mines. This proposal was however waived for two reasons: firstly that it would be unaffordable for government to buy out private companies and secondly, that it would create discontent amongst foreign investors, which would result in them withdrawing access to financing. Consequently, the ANC, during 2012 in the SIMS report proposed a possible implementation of a resource rent tax (RRT), akin to Australia’s, to ensure that the State receives a greater/more equitable share of the wealth. Developments in the mining industry since 2012, have drawn attention to two serious issues: labour related concerns and continued strikes as well as a reduction in foreign direct investment as a result of negative investor sentiment towards South Africa. These issues are directly related to the perception that the community (including mine workers) do not benefit fairly from the wealth created by mines, which results in ongoing labour unrests and subsequently in investment withdrawal. It would seem that even though no further consideration has been given to the implementation of a RRT since 2012, it may be regarded as a possible and sensible solution. This study focuses on the possible impact on the taxation payable by the South African mining industry, if a RRT were to be introduced. Research has been conducted in order to obtain an understanding of the working of a RRT, to analyse South Africa’s current tax regime, to develop a simple hypothetical case study to evaluate both the quantitative and qualitative impact of the introduction of a RRT system on South African mining tax (for both the investor and the state). The study concludes that the introduction of a RRT can potentially result in a more fair distribution of resource rents between the investor and the state (community - rightful owners of the natural resources). Research however proved that this is likely to influence the investor’s investment decisions which in turn may result in a general downturn in mining operations and profits. Based on the qualitative results of a case study, a RRT was proven to be inefficient due to the fact that it will only tax mining companies with a higher rate of return and in effect higher risk companies. As investors are prepared to take on high risk projects for the purpose of generating higher returns, the introduction of an RRT reducing this return might influence an investor’s decision. The potential impact on investors’ decisions may be counteracted through further research with regard to variables used in the RRT model namely the percentage of tax charged and the required rate of return. A RRT is therefore proven to have some benefits, even though some aspects will require further evaluation. / MCom (South African and International Tax), North-West University, Potchefstroom Campus, 2015

A problem South-Africa is facing is that the wealth created by mines (also called economic rent) may not yet get distributed satisfactorily evenly between the nation and investors. In an attempt to find a solution to the abovementioned dilemma, government initiated a feasibility study for the nationalisation of mines. This proposal was however waived for two reasons: firstly that it would be unaffordable for government to buy out private companies and secondly, that it would create discontent amongst foreign investors, which would result in them withdrawing access to financing. Consequently, the ANC, during 2012 in the SIMS report proposed a possible implementation of a resource rent tax (RRT), akin to Australia’s, to ensure that the State receives a greater/more equitable share of the wealth. Developments in the mining industry since 2012, have drawn attention to two serious issues: labour related concerns and continued strikes as well as a reduction in foreign direct investment as a result of negative investor sentiment towards South Africa. These issues are directly related to the perception that the community (including mine workers) do not benefit fairly from the wealth created by mines, which results in ongoing labour unrests and subsequently in investment withdrawal. It would seem that even though no further consideration has been given to the implementation of a RRT since 2012, it may be regarded as a possible and sensible solution. This study focuses on the possible impact on the taxation payable by the South African mining industry, if a RRT were to be introduced. Research has been conducted in order to obtain an understanding of the working of a RRT, to analyse South Africa’s current tax regime, to develop a simple hypothetical case study to evaluate both the quantitative and qualitative impact of the introduction of a RRT system on South African mining tax (for both the investor and the state). The study concludes that the introduction of a RRT can potentially result in a more fair distribution of resource rents between the investor and the state (community - rightful owners of the natural resources). Research however proved that this is likely to influence the investor’s investment decisions which in turn may result in a general downturn in mining operations and profits. Based on the qualitative results of a case study, a RRT was proven to be inefficient due to the fact that it will only tax mining companies with a higher rate of return and in effect higher risk companies. As investors are prepared to take on high risk projects for the purpose of generating higher returns, the introduction of an RRT reducing this return might influence an investor’s decision. The potential impact on investors’ decisions may be counteracted through further research with regard to variables used in the RRT model namely the percentage of tax charged and the required rate of return. A RRT is therefore proven to have some benefits, even though some aspects will require further evaluation. / MCom (South African and International Tax), North-West University, Potchefstroom Campus, 2015

Magister Legum - LLM

Currently the gold mining industry is taxed differently to other industries. It is taxed on a two-tier system. The nature of the gold mining tax formula encourages the mining of marginal gold ores. Firms that are involved in the mining of gold are subjected to a "tax tunnel", which is a tax free revenue portion. This is against the equity principle of taxation because it separates companies on the basis of what they produce and not on the basis of income generated. The South African government is in the process of implementing a revenue-based royalty system. The majority of firms in the gold mining industry feel that for the benefit of economic growth the government must consider implementing a profit-based royalty system. This study analyses the gold mining tax formula in comparison to the flat rate tax. It also analyses the reasons for the differential treatment of the gold mining industry. / Economics / M.Comm.

明代礦業是中國礦業發展興衰成敗的關鍵期，在物質文化、商品經濟帶動下，此時各界都對工業原料的獲取感到興趣，明代官方與民間也不例外，官方政策無論是封禁或鼓勵開採，著眼點都是在確保「普天之下莫非王土」的礦利之權；而民間開採風氣亦屢禁不絕，亦即官民均在坑冶中進行活動，形同「坑冶競利」的較勁現象。 明代礦政發展可分三期觀察：(1)明初洪武至宣德年間(1368-1435)是明代礦業穩定發展期。朱元璋立國主張謹慎發展銅鐵開採事業，嚴禁金銀等貴重金屬的開採，但繼任者明成祖朱棣則支持開採弛禁，積極推動開礦事業，因此明代放寬對鐵冶開採的限制，不過對於金銀等貴重金屬開採則出現爭論，時開時禁，反倒成為明代礦業政策中最為鮮明的特色。(2)明正統至萬曆年間(1436-1620)是礦法與礦課調整時期。自明英宗朱祈鎮即位後，政府嚴格加強礦政管理，發布禁約，犯者即調軍剿捕，直到萬曆朝中期，官方還陸續針對《大明律》所欠缺的礦法，修改金銀銅錫等礦法條例細則，以因應社會的變遷。為求開礦增課，官方對於民間的非法採冶活動作了讓步，並改變明初定額課徵的規定，實施官三民七或官四民六的抽分制。但因皇室財政相當倚重礦銀收入，部分地區被強制改採官民對半抽分制，或實施「包派」、「包砂」、「包課」等名目不一的礦稅制度，弊端層出不窮，反而得不償失。(3)明天啟至崇禎年間(1621-1644)是封礦與開採弛禁時期。受到萬曆朝礦稅使事件影響，後來朝野各界均不主張開礦，但晚明財政的危機、邊鎮軍餉匱乏，急需鑄造錢幣礦料等因素，促使朝廷逐漸放寬採礦禁令，進而同意各地擴大開採貴重礦物，並翻譯頒布《坤輿格致》等礦書。 帶給明代礦政最致命的傷害，莫過於「礦盜」的活躍。自明初起，有關當局欲傾全力去圍堵防範，可是官方以暴制暴的鎮壓方式，反倒促成葉宗留等礦徒公開稱王造反，成為明代最為眾人所知的礦盜事件。為了穩定礦區生產與秩序，中央曾特派戶部官員、內臣與錦衣衛特使，以及巡按監察御史等專人留駐礦區監督；地方則派有按察僉事、副使、布政使參議等巡視礦場官員；軍事層級上又派任都指揮僉事管理礦區治安，並在礦場附近留有衛所、民兵戍守。 採礦所得誘惑甚高，礦冶業的蓬勃，多少也衝擊到地方社會的常態秩序。明代中期以後，原在浙江、福建交界等地活動的礦徒，逐漸轉往南直隸、浙江、江西交界等地發展；也有一些江西、福建等地的流民，因人口壓力下的生存競爭，陸續進入福建、江西、廣東交界，在粵東山區內進行季節性的採冶工作，形成獨特的地域社會。由於礦徒事件與倡亂區域明顯擴大，官方遂將地方礦政事權漸歸督撫來統籌管理，嚴格執行禁令，並且還特設總督處理浙直江西軍務事，以統攝三省礦防軍兵，清查轄區所有的礦場地點，以阻絕礦徒的活動。 另一方面，礦防兵力主要是借重地方民兵，甚至還招撫礦徒入營效力，但這項招募礦兵、採行招撫的作法，也帶給地方社會負面的影響。在浙江義烏，地方十室九空，成為地方上的一大隱憂。在廣東惠州地區，招撫未能得宜，礦徒事件有增無減，顛覆日常的社會秩序，地方士民不滿官方政策，激發民間的地域認同，出現了類似《定氛外史》等關心地域的作品，進而強烈抵制官府地方行政區劃的變動。 明代的礦徒問題，始終未能妥善解決，地方社會自然不願配合政府的開礦政策。明代官民在坑冶間相互競利，卻兩敗俱傷，沒有一方是嬴家。礦務執行的爭議、開礦引發的恐慌、礦徒倡亂事件的不絕，最終都讓明代礦政畫下了休止符。

Currently the gold mining industry is taxed differently to other industries. It is taxed on a two-tier system. The nature of the gold mining tax formula encourages the mining of marginal gold ores. Firms that are involved in the mining of gold are subjected to a "tax tunnel", which is a tax free revenue portion. This is against the equity principle of taxation because it separates companies on the basis of what they produce and not on the basis of income generated. The South African government is in the process of implementing a revenue-based royalty system. The majority of firms in the gold mining industry feel that for the benefit of economic growth the government must consider implementing a profit-based royalty system. This study analyses the gold mining tax formula in comparison to the flat rate tax. It also analyses the reasons for the differential treatment of the gold mining industry. / Economics / M.Comm.