Countering Tax Avoidance in Sub-Saharan Africa’s Mining Sector
IMF Blog, November 5, 2021
Source details
- Canonical URL
- Countering Tax Avoidance in Sub-Saharan Africa’s Mining Sector
Other formats
Bibliographic details
- Authors: Giorgia Albertin, Dan Devlin, Boriana Yontcheva
- Published: November 5, 2021
Scale and context
- Sub-Saharan African countries are estimated to possess 30 percent of global mineral reserves.
- One multinational company has invested five times more in a single bauxite mine (as a percent of GDP) than the government has spent in total public investment since 2018 (Guinea example).
- The mining sector contributes about 10 percent to GDP across 15 resource intensive sub-Saharan African countries.
- In most of these countries, mining exports represent 50 percent of total exports on average and is the main source of foreign direct investment.
- For the 15 resource-intensive economies in the region, revenue from mining accounts for just 2 percent of GDP on average.
Estimated revenue losses from profit shifting
- New IMF staff research estimates governments in sub-Saharan Africa are losing between $450 and $730 million per year in corporate income tax revenues due to profit shifting by multinational companies in the mining sector.
- This loss occurs amid increased fiscal pressure to raise public spending in response to the pandemic and to meet Sustainable Development Goals.
- A global policy development: 136 countries, including 20 countries in sub-Saharan Africa, agreed to a minimum effective corporate tax rate of 15 percent starting in 2023.
Fiscal regime structure and negotiated practices
- Most countries collect mining revenues via a combination of royalties, corporate income tax, and sometimes a non-controlling ownership stake with dividends.
- Out of the 15 resource-intensive economies in sub-Saharan Africa:
- Only three had lower corporate income tax rates for mining in their tax law.
- Six had higher tax rates for the sector.
- At least nine countries have reduced ad-hoc corporate income tax rates as an incentive in at least one resource contract with investors (widespread practice of negotiating down rates).
- The practice of negotiating down corporate income tax rates in contracts has led to a lower effective corporate tax rate in the mining sector compared to statutory rates.
Mechanisms of profit shifting identified
- Multinational companies reduce tax liabilities in higher-tax producing countries by shifting profits to lower-tax offshore jurisdictions.
- Identified channels include:
- Interest-bearing intra-group loans where interest expenses are deducted in the higher-tax country while interest income accrues in a lower-tax offshore country.
- Underpricing minerals.
- Using subcontractors to move profits offshore.
Empirical findings on responsiveness to tax differentials
- An increase in the corporate income tax rate differential between the (higher) producing country and the average (lower) offshore countries by 1 percentage point results in a decrease of reported profits in the mining sector by 3.5 percent.
- Imposing interest limitation rules halved the responsiveness of profit allocation by multinational companies to international tax rate differentials in the research.
Targeted policy actions and examples of reforms
- Recommended actions to reduce tax avoidance and foster revenue mobilization:
- Strengthening and simplifying transfer pricing protection.
- Limiting interest deductions.
- Improving tax treaty practices.
- Limiting tax incentives.
- Strengthening investment negotiation practices.
- Country-level reforms already taken:
- Sierra Leone: new fiscal regime moving away from negotiating fiscal terms mine by mine.
- Guinea, Liberia, and Mali: strengthened transfer pricing protection.
- South Africa and Nigeria: set limits on interest deductions.
- Nine of the 15 resource intensive economies: have alternative minimum taxes to ensure at least some corporate taxes are paid each year.
- Kenya: introduced an anti-treaty shopping provision into its tax treaty policy.
- The global minimum tax is expected to mitigate profit shifting and reduce pressures from tax competition.
- Policy improvements require careful preparation and stronger capacity, which take time, resources, and political commitment.
Source: Countering Tax Avoidance in Sub-Saharan Africa’s Mining Sector — IMF blog, November 5, 2021