It was reported in 2002 that
the Internal Revenue Commission (IRC) was conducting
a tax review of Bougainville Copper Limited (BCL).
The IRC has since issued BCL with a demand for
additional tax of K13.24 million, which together
with penalties totals K32.98 million. This represents
approximately 21% of BCL's non-mining assets.
BCL has been following normal
practice in depreciating its assets on Bougainville
and charging depreciation against revenue. The
IRC has decided to amend tax assessments it has
previously made which allowed depreciation beyond
1997. Any tax losses arising from the cessation
of mining operations expired in 1997, however
depreciation carries forward.
BCL has received expert advice
on the matter, including that of senior Australian
legal counsel. The company has lodged formal objections
and will strenuously defend the claim. The IRC
and the PNG Attorney General have been given notice
that the company seeks arbitration pursuant to
the Bougainville Copper Agreement . Lengthy and
expensive legal proceedings for both parties are
expected.
Annual
Report
Tax
Dispute Update - 13th January 2006
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