Agitate! has received a letter sent to the staff of Terra Search by its managing director explaining the pitfalls of the Resource Super Profit Tax.
Terra Search, an exploration company with a staff of 70 people, believes it already pays more than its fair share of tax its managing director, Simon Beames says.
He says the company would receive no benefits from the RSPT, but could be expected to pay even more in tax.
Mr Beames says that because of the RSPT Terra Search will have to review its operations and is wary of “significant drying up of capital for resource projects.” And warns that there are “other places around the globe where exploration is likely to be a much more rewarding activity.”
Agitate! reproduces Mr Beames’ lengthy letter to staff in full below.
Terra Search Pty Ltd
A.C.N. 011 073 939
Specialists in Mineral Exploration: Geology and Computing
Current Outlook for Terra Search and the Australian Mining Industry, May,2010
To: All Staff
From: Simon Beams, Managing Director
Date: May 10, 2010
Dear Employee,
We are hearing a lot about the contribution of the mining industry to the Australian
Economy and the Rudd Government’s proposition that the industry is short changing the non-mining sectors of Australian society. My 23 years guiding Terra Search through the ups and downs of the commodity cycle tells me that nothing could be further from the truth.
Since 1987, our company has grown from 5 employees to something like 70 to day.
Our annual turn over has grown from a few hundred thousand dollars to over $5 million. We have generated this turnover entirely reliant on the exploration sector of the mining industry.
Over the past two decades, Governments have burdened our business incrementally with impediments. In spite of this, a large portion of the wealth generated by Terra Search has been redistributed to employees in the form of wages and superannuation and to Government in the form of taxes and charges.
AUSTRALIA WILL FACE A FLIGHT OF CAPITAL AS THE RUDD
GOVERNMENT PUNISHES THE MINING INDUSTRY WITH THE HIGHEST TAX RATES IN THE WORLD.
Now we are faced with a Super Tax on the Mining Industry. Although complex, the key features of this tax appear to be :
It will tax the so called super profits of all extractive industries ie. Metals, gold, sand, coal seam gas, coal, iron ore, oil, phosphate , limestone etc.
A “super profit tax” will be payable if the rate of return exceeds the Govt bond rate (currently approx 6% - ie bank interest).
The “super profit tax” will be levied at the rate of 40% on top of payment of corporate tax.
Company tax will then be paid on the remaining profit at the corporate tax rate – currently 30% , coming down to 28% in the years ahead
Companies will be able to claim the “Super Profit Tax” as deductible income but will not earn franking credits. Investors including Super Funds will be slugged.There will be double taxation paid on the super tax.
BHP and Rio have calculated the total Government corporate tax take on mining company profits will be well over 50% !
This will be the highest rate of tax on mining projects in the world.
On top of this , royalties will still be paid to State Governments irrespective of whether the company pays the super tax or not. The Federal Government will rebate State Government Royalties to the company, but only to the super tax payers at the level of current royalties. There will be no rebate on any increase in
royalties from May, 2010.
Other hefty taxes will still be paid by resource companies eg. Payroll tax to state governments, fuel excise, group tax payments on behalf of staff, GST.
There will be cash rebates for exploration companies for exploration expenditure up to the corporate tax rate.
The Federal Government says it will rebate failed projects the amount of super profit tax companies have paid previously. It is hard to know whether the Government seriously understands the scale of projects. For example, BHP’s Ravensthorpe Nickel project failed in the GFC and BHP wrote off a $2 billion investment. Other projects eg. Copper Co at Lady Annie, Matrix Metals in Cloncurry failed at the same time. Under this scenario , are we to believe that the Government would have used taxpayers money to reimburse BHP and others hundreds of millions if not billions of dollars? Would you trust the Rudd Labor Government ?
The Resources Super Tax has been devised by politicians and bureaucrats that clearly do not understand the resources sector. The whole concept of a resource rent tax is that so called non-renewable resources run out quickly and are not replaced. However, the mining industry has been one of the mainstays of the Australian economy for well over 150 years. If mineral exploration is allowed to
flourish, discoveries are made and worked out resources are replaced.
Politicians and bureaucrats are distorting the publics perception by bombarding them with the notion that a mining company with minimum effort goes out and finds resources that belong to all the Australians. Companies are portrayed as digging out resources and not replacing them. There is no mention of the enormous cost of mineral exploration, evaluation and development which is
outlayed by private mining companies, transforming barren parts of the country into economic powerhouses. This is no different from tourist investment where
developers create wealth by transforming a natural situation into a money making venture. It is never argued that tourist developments belong to all Australians and
therefore should pay a super profit tax. The mining industry contributes massively to government tax receipts and community facilities, far more than other sectors of
the economy. Yet politicians want to take their plundering to a new level and take their tax take to the highest rate in the world.
Australia is a large continent, not a small island. There is every possibility that super sized ore discoveries will be made in the future. One only has to go back to
the Olympic Dam discovery in 1975 to appreciate that nation building ore deposits, with potentially 100 year plus mine lives, are still to be found in areas
where no one had bothered to look before. What the industry needs is incentives to explore , not a massive new tax that will force explorers out of the country.
TERRA SEARCH’s CURRENT POSITION
During its 23 year history, Terra Search has worked for all sectors of the mining and exploration industry : from individual prospectors, junior exploration companies through to major producing mining companies and the global majors such as Bhp Billiton, Rio Tinto, Xstrata and Barrick. We have also worked for most state geological surveys and the World Bank in PNG. We are a useful barometer of how the industry is faring . Having seen several capital droughts in the past, we are particularly worried about the negative impact that the Rudd Government’s Super Tax on Mining will have on the whole industry in Australia. Past experience tells us it will not just be the big players affected. Terra Search’s survival in its present form could be at stake if the downturn is as savage as the previous ones, where exploration funds dry up very quickly.
In the past few years , the major income streams for Terra Search have been :
the traditional field activities from our North Queensland and WA base offices which stalled with the Global Financial Crisis in October,2008 and picked up in May, 2009 although at a reduced level.
data compilation projects (mainly the Queensland Department of Mines and Energy) and other GIS work.
There has been a slow start to 2010, partly due to seasonal factors in North Australia, however activity is starting to lift, but not so much in North Queensland. We are looking forward to increased field activity over the coming months. However this expectation could all change if the wrong policy is implemented.
As an example Terra Search’s 50% interest in our drilling company All Terrain Drilling, was hit significantly by the slowdown in activity with the GFC. We also had some bad luck with equipment failures. There was no work between October, 2008 and April 2009.We finished the 2009 financial year with a break-even and an overall tax loss of $15,000. Consequently, ATD has not returned a dividend and only provided some management income to Terra Search in FY2009. The situation in FY2010 has not improved as there has been no work from December 2009 to June, 2010 . As of May 2010, ATD is recording a small loss for FY2010 with major expenditure in the months ahead in advance of receiving any payment. . We have a major contract in place which will cover the rig hopefully from June onwards through the dry season in the NT, However in light of the Rudd Government’s response to the Henry tax review and negative market sentiment, there is a lot of uncertainty now around the exploration business and a contract is no guaranty of long term work. Any cut back in exploration has a severe and negative impact on drilling companies and Terra Search and other mining service groups.
I have attached some figures which demonstrate the turnover, staff levels, salaries ,taxes and profits that Terra Search has generated since its formation. The cyclical and
unpredictable nature of our business is clearly evident. Set out below are points I would like to make regarding how Governments perceive companies of Terra Search’s size in comparison to other small businesses and also quantifying the contribution Terra Search has made to the local, state and national economy. I stress that we will have to work diligently to ensure that this scale of contribution is maintained and not threatened by poor Government policy.
TERRA SEARCH RECEIVES NO SMALL BUSINESS CONCESSIONS
Last year in a letter to shareholders, I made the following observation :
“Terra Search never seems to be the right size to receive any Big Government support we miss out on all the tax, payroll tax, unfair dismissal concessions given to small business (many of whom should be called micro-business) and we certainly are not going to receive the Big Business handouts given to the likes of Toyota, Holden or Virgin, or favoured industry status such as bio-medicals, tourism or the education of foreign students.. Companies such as ours that employ 50 or more people are the backbone of the economy but everybody else is considered more deserving”
This year it can be seen just how prescient this observation was. Terra Search did not receive any of the measures for small business that were provided as part of the financial stimulus.
We are not classified as a small business because :
at $4million to $6 million per year our turnover is too high,
at 50 to 60 employees our staff is too large
at $2.5 - $3.5 million per year our payroll is too big.
In the recent concessions , small business were classified as those having turnovers less than $2,000,000 and total assets less than $5 million.
Payroll tax concessions for small business phase out with payrolls greater than $1 million.
Because we own half of All Terrain Drilling, both companies are grouped and we couldn’t even claim these concessions for ATD even though that company is
below the thresholds.
Consequently, Terra Search or All Terrain Drilling:
did not receive the tax benefit of writing off capital purchases up to $50,000.
did not receive the tax benefit of delayed PAYG payments.
Did not receive any relief from the potentially draconian Fair Work Australia Legislation.
Does not receive any payroll tax relief
More recently, in the Henry Tax review, Terra Search :
will not receive the early cut in corporate tax.
Will not be able to immediately write off items that are worth less than $5000
Will have to pay an extra 3% in employer contributed superannuation
TERRA SEARCH PAYS MORE THAN ITS FAIR SHARE INTO THE COFFERS OF STATE AND FEDERAL GOVERNMENT
We are filling Government coffers with our hard earned money. That is why it is so
frustrating to see money splurged so irresponsibly and often incompetently in the name of financial stimulus. For the past 4 years Terra Search has directly paid Federal and State Government taxes of between $1.3 million and $1.8 million every year. Terra Search’s turnover and salary and wages since our inception in 1987 are shown in the attached bar chart. This figure clearly indicates the cyclical nature of Terra Search’s mineral exploration service business. It also shows how the business has grown, with each peak so far, greater than the previous one. A lot of hard work got us to this point, whether we can really expect the next peak to be higher is dependant on the level of activity in the industry and the impact of Government policy. We are entering a period of uncertainty.
Peaks have been 10 to 12 years apart , with peaks in 1988-1989, 1997-1998 and again 2007-2008. Troughs are evident in the years 1991-1993, 2000-2001. The question is
whether we are currently in a super cycle which will extend the cycle past the 10-12 years or are we now dipping off the major peak. Most pundits say that demand from China and India will offset any negativity that may arise from stagnant economies in Europe, America and Japan. The major problem with this argument is that demand has to come from somewhere to fuel the Asian economies. Can we ignore the massive debts that the western governments have inflicted on their people? Can social disruption in these countries be avoided?
Where does Terra Search fit into the big picture discuss above? It would seem appropriate to look at a full 10 year cycle from 1999-2009, which runs from post peak to post peak, with one trough and one peak.
In that time ,Terra Search has had total turnover of $43.8 million, it has expended $28.3 million on salaries/wages and superannuation. The total tax payments in that period are $11 million which includes corporate tax, GST, payroll tax and employees PAYE group tax payments.
There is no escaping the grasping hand of Big Government : all tax payments have to be made in cleared funds (cash) to Governments or incur an interest payment if even a day late.
Interestingly, in the 10 year period, at $1.07 million State Government payroll tax exceeds corporate tax at $0.92 million. Payroll tax is a tax at source on payrolls, it is levied regardless of profitability. I find it misleading, to say the least ,for the Rudd Government and their bureaucrats to rail against state imposed mining royalties and say they are so economically inefficient because they tax at source rather than on profit, yet we have not heard any mention of the much broader inequities imposed by payroll tax. It is a great tax for politicians and bureaucrats ,as it is invisible to the general public and workforce. The only people who are aware are the accounts clerk calculating it and the boss paying it.
Terra Search’s total gross profit in this 10 year period amounts to $3.6 million. After corporate tax this amounts to a net profit of $2.7 million Therefore our net after tax profit return is approximately 7 % when measured against our total turnover and an average of 6.9 % when measured against total assets since our inception , 8.5% in the past 10 years. It is worth noting that much of our profit during the downturn years leading up to 2005 was generated overseas , particularly in PNG. Like other companies in the mining industry we repatriated these earnings back to Australia and paid tax on them here.
Dividends to shareholders in this period are $252,000, This represents under 10% of the net after tax profit. Because of the cyclical nature of the industry, a large proportion of the money generated as profit has had to stay in the business to provide working capital to pay taxes and payrolls, or be reinvested to grow the business in a hopefully sustainable fashion.
Since its inception, Terra Search has reinvested 85% of its net after tax profit back in the business undertaking activities such as :
purchasing income generating assets ,
Research and Development in projects that have secured major contracts,
raising the skill level of our staff through career developments eg short courses , seminars, conferences, professional training and accreditation
Maintaining continuity of employment for our staff
Investing in cash strapped junior explorers that at times have struggled to find other investors willing to risk precious capital
Terra Search’s net profit and distribution to shareholders are dwarfed by the voracious and growing , wealth-grabbing element of Big Government and the alarming size of its total tax take :
Total tax generated and paid by Terra Search in the 10 year period is $11.3 million.
Total tax is 4.2 times net profit . Yes! 420% of the net company income.
In the same 10 year period Terra Search also paid $ 28.3 million in salaries/wages and superannuation.
Clearly, Terra Search is more than paying its fair share in the form of a huge social dividend.. Terra Search has been mostly in existence to service its employees and Big
Government. This is at a time when in spite of a massive economic downturn, we did not receive any of the benefits of being a so called small business. On top of this, Big
Government is intruding more and more into every aspect of the business through massive increases in bureaucratic procedures and compliance. You really do have to wonder why you would bother to own and run a business.
UNCERTAINTY NOW INTRODUCED BY A GOVERNMENT AND
BUREAUCRATS THAT DON’T UNDERSTAND THE HIGH RISK NATURE OF MINERAL EXPLORATION AND DEVELOPMENT
Having reached this point, we are now presented with the Henry Tax Review which has the temerity to suggest , quite erroneously, that the mining industry has not been paying its way. Mining industry leaders, professional organizations and a few educated commentators are currently correcting the falsehoods in the Rudd Government’s Spin as well as exposing the dangerous implications of the so called Resource Super Profits Tax.
Although not a producing miner, Terra Search is very much part of the industry and rejects wholeheartedly the insinuation that we or the industry are not paying our fair share of tax. Indeed, given the number of people in it, the mining industry’s contribution to Australian society and the economy far surpasses virtually every other sector. Terra Search is a useful barometer of the level of activity in mineral exploration. At the moment (May,2010) after surviving a a quiet start to the year, we were looking forward to increased field activity and a reasonable second half to 2010.
The Mining Super Tax means that all this is now under review as we have to be wary of a significant drying up of capital for resource projects. We know from bitter past experience that exploration is the first activity to be curtailed : hard nosed markets dictate that it is not worth spending money finding something that punitive taxes make it uneconomic to dig up. With massive compliance procedures, unnecessary delays in permitting and approval , native title issues, skills shortages and wages blow outs, there are already serious impediments for companies to explore in Australia. There are plenty of other places around the globe where exploration is likely to be a much more rewarding activity.
This time last year we were just appearing to be coming out of the GFC. We are now faced with a new set of challenges, some of them inflicted from within by a Government malaise that seems intent on making the Mining Industry unsustainable. I have said many times before that the easiest way to make mining unsustainable is to curtail exploration. The easiest way to curtail exploration is to increase the risk and lessen the reward for discovering and developing a mineral deposit. Unfortunately, politicians and bureaucrats have managed to achieve both, at the same time selling the lie that they are acting in the national interest.
In light of the potential impact of recent events, I repeat the concluding comments that I made to share holders last year :
“ Terra Search has a highly professional and highly skilled staff, many of whom have stayed with us through the boom and are strongly loyal in the down periods. This gives you a lot of confidence that a private company such as ours can have the flexibility proactively to overcome difficulties. As we have done in the past , it is always prudent to prepare for the worst and hope for the best .”.
Footy coaches often urge players to concentrate on factors that they can control. Our self serving political and bureaucratic masters can be curtailed by the democratic will of the people. I am trusting that the good sense of the majority of the Australian people will prevail : I am hoping that policies that destroy wealth rather than create it , will be rejected.
Australian cannot afford to kill off the industry that has provided a large proportion of its wealth since the gold rushes. There is a misconception amongst certain opinion makers and ruling elites that Australia will be better off leaving resources in the ground to prevent the effects of a “two speed economy”.
Taking away the rewards for discovery means that high risk exploration will be cut back.
It will be easy to leave in the ground resources that we don’t yet know exist.
If the Australian mining industry becomes the “dead canary in the coal mine” then we really are short changing our country’s future prospects.
I thank all staff , shareholders and management for their support and contributions over the past couple of successful years which have seen us weather the GFC. As a business, Terra Search has always endeavoured to create a win-win situation for our employees and clients : by nurturing a skilled workforce, equipping them with state of the art technology and providing cost effective professional services. We have withstood the cyclical and seasonal nature of our business and have proactively developed the flexibility to overcome many challenges. Let us all hope that dark clouds that are threatening our clients and our industry will dissipate before too much more damage is done. May good sense prevail and next year I am talking about the dawn of a new age and not dwelling on internally inflicted impediments to our national prosperity.
Yours Sincerely
Simon Beams Managing Director,
Terra Search Pty Ltd