Policy design cannot be ‘unexpected’

The Australian has an ‘exclusive’

THE Gillard government faces a new threat to the estimated $2 billion in revenue it expects to raise this year from the mining tax because the biggest iron ore and coal producers are rapidly building up state royalty “credits” to offset their commonwealth payments.

While BHP Billiton, Rio Tinto and Xstrata did not make any profits-based payments under the new minerals resource rent tax in the first quarter of its existence, they are accruing millions of dollars in unexpected deductions from the tax.

The three mining giants all calculated a zero liability for the MRRT in the July-September quarter, but remain liable for billions in state royalties from iron ore and coal production that are “credited” against the federal tax.

That is how the tax is designed to operate. That is one of the reasons why I have always maintained this tax will raise no money – I have to say by ‘no money’ I always thought ‘not very much’, not that it would raise precisely $0. Bear in mind that the States have increased royalties since then.

I was asked last week if my ‘no revenue’ prediction was because I had forecast the decline in commodity prices – no, my prediction was predicated on the design of the tax itself. It was entirely predictable that if the Commonwealth would refund State royalties that the States would increase their royalties to the full value of any expected tax revenue. The net revenue to the Commonwealth would be close to zero. As it has turned out the gross revenue to government this quarter was zero.

The MYEFO has this statement:

Net revenue from the MRRT is expected to be $2.0 billion in 2012-13, $2.4 billion in 2013-14, $2.1 billion in 2014-15 and $2.6 billion in 2015-16, which represent the net impact on revenue across several different heads of revenue. These include the offsetting reductions in company tax (through deductibility) and interactions with other taxes.

I interpret that to imply that the Treasury expects $2 billion this financial year after royalties. That highlights the full debacle – those tax credits cost the government real money as they accrue at the long-term bond rate plus seven percent.

Update: Wayne Swan doesn’t understand how his own tax works. Here is the Mineral Resource Rent Tax Heads of Agreement:

All State and Territory royalties will be creditable against the resources tax liability but not transferable or refundable. Any royalties paid and not claimed as a credit will be carried forward at the uplift rate of LTBR plus 7 percent.

Yet this is what Swan told the Parliament yesterday:

The fact is that unused royalties are not transferrable, nor are they creditable. We had statements to the contrary in the House today by the shadow Treasurer.

Swan has misled the House and will need to correct that statement.

(HT: Noodle)

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10 Responses to Policy design cannot be ‘unexpected’

  1. Mike of Marion

    Best laugh I’ve had today – Swan can’t foresee anything he is so blinkered.

    Good on the creative accountants!

    mike

  2. wreckage

    Incompetent boobs, all of them. Borderline innumerate.

  3. ar

    How soon before mining companies are operating on “not-for-profit” basis?

  4. Rabz

    How’s that surplus lookin’, goose?

  5. Cato the Elder

    Poor old Goose, mugged by reality again.

    And that’s why royalties based on production are a better idea in the real world; because they are harder to manipulate and easier to measure

  6. Keith

    And while this stupidity continues, the topic of discussion in company boardrooms is what other locations around the world have become relatively more attractive compared to Australia.

  7. Just imagine if the tax man was as stupid as Swan?

  8. Myrrdin Seren

    Does the quality of Ken Henry’s ‘Asian Century’ whitepaper perhaps give us a clue as to why the Treasury geniuses couldn’t see this coming ?

    I didn’t expect the big miners to ever pay much or anything on the MMRT – but to get to the point where they are accumulating tax credits – AbbottAbbottAbbott has a lot of questions to answer on this !

  9. Aqualung

    Of course, this new tax not making the money they expected will be translated as a shortfall of receipts, and become justification for a new tax.

    And not all their taxes come out at zero.

  10. brc

    And while this stupidity continues, the topic of discussion in company boardrooms is what other locations around the world have become relatively more attractive compared to Australia.

    I imagine the topic right now is how much longer they have to put up with this incompetence, or how many more business-friendly deals they can swing past a clueless caucus while they are floundering without a clue.

    However.

    If miners are suffering, they should re-think their plan to withdraw their advertising and do a back-room deal with Swan and Gillard, both treacherous allies.

    Additionally, corporate boardrooms in general were too cowed by the militant unions to speak out against the Workchoices campaign. And they stayed shtum in 2010. So the reaped what they sowed. Serves them right.

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