Australia's new Julia Gillard-led Labor government replaced the troubled Resource Super Profits Tax (RSPT) proposal with a new Minerals Resource Rent Tax (MRRT) proposal. This looks to be the win-win outcome looked for. The issue brought down a prime minister, but the new proposal appears to largely address key minerals industry concerns over retrospectivity, competitiveness, and resource differentiation. In BHP Billiton's more tempered words, "we are encouraged." It's amazing what can be achieved via genuine consultation and negotiation.
We outline the key points below.
1. The new tax will apply only to iron ore and coal--all other minerals are exempt, although that alone captures the lion's share of the Australian extractive industries value. With respect to oil and gas, the existing offshore Petroleum Resources Rent Tax regime will be extended to capture onshore projects.
2. The headline rate of the MRRT is 30% of mine gate profit. The value of the commodity is deemed its first saleable form. An extraction allowance equal to 25% of the otherwise taxable profit will be deductible to recognise the profit attributable to the extraction process. Why they didn't just say the headline rate is 22.5% we don't know. Probably because it sounds better!
3. There is no MRRT payable for companies with annual profits below AUD 50 million.
4. Carried forward MRRT losses are indexed at the long-term bond rate plus 7% (the allowance).
5. The starting base for project assets at the election of the company is either book value or market value at May 1, 2010. Book values are uplifted at the allowance rate and are depreciated over an accelerated five-year period. Market values attract no allowance indexing, and depreciation is over a less favourable effective asset life to a maximum of 25 years. This way the Australian government still gets some of the up-front income it needs to fill that budget hole.
6. New projects can deduct 100% of capital costs immediately.
7. Where state royalties exceed the MRRT, companies can elect for an immediate refund or book as an asset and uplift at the allowance rate.
8. The MMRT applies from July 1, 2012.
9. A more modestly reduced corporate income tax rate of 29% kicks in from fiscal 2013 or one year earlier for small businesses.
This seems a more reasonable outcome. Rio Tinto and BHP Billiton will pay more tax, but it is pushed out to later years so the impact on investment hopefully won't be as great. We estimate that MRRT equates to an overall tax rate around 44%, still a touch ahead of major global competitor countries at around 40% but nothing like the disastrous and anticompetitive 55% proposed under former prime minister Kevin Rudd. Further, if commodity prices collapse to pre-boom levels, the miners are likely to be better off under a floating MRRT than under royalties, which are set at a fixed percentage of revenue.
This is a major positive, and we've upgraded our valuation for both companies mentioned.