Australian gov't under fire over mineral resources rent tax

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Australian Labor government has been under fire with allegations that its

mineral resources rent tax (MRRT) is deeply flawed and failed to deliver the

revenue designed to fund superannuation reform and small business tax breaks.

Deputy Prime Minister and Treasure Wayne Swan announced last week that

the MRRT has raised just 126 million Australian dollars (129.8 million U.S.

dollars) in its first six months against a full-year forecast of 2 billion (2.06

billion).

The government has blamed the shortfall on volatile commodity prices

while the Opposition Coalition says the tax is flawed.

Explaining the shortfall in MRRT revenue, Swan said on the day that he

released the MRRT data that no commodity analysts or economists had forecast the

"tumble" that took place in iron ore prices late last year.

The iron ore price reached a three-year low of 85 dollars a tonne on

September 5, 2012, but the Opposition Coalition argued that the price had

recovered to about 110 dollars a tonne by the time the government made its

mid-year budget update in the third week of October last year.

The Opposition said Prime Minister Julia Gillard and Treasurer Swan

should take the blame for negotiating the 30 percent tax with the three big

mining companies, namely BHP Billiton, Rio Tinto and Xstrata.

"The Coalition has said for some time that Labor's MRRT was a fiscal

train wreck in the making," shadow assistant treasurer Mathias Cormann said in a

statement.

The Australian newspaper reported that Swan and Resources Minister

Martin Ferguson hammered out the terms of the mining resource rent tax with BHP

Billiton, Rio Tinto and Xtrata in 2010.

The deal on the MRRT allowed the companies to value their assets at

their market worth, and depreciate them over the effective mine life. Industry

sources say this is what has eroded the returns from the new tax.

Although Treasury modelled how much companies would claim for

depreciation, it underestimated what the market value was for the major mining

assets and, in the case of several major mining projects, overestimated their

expected mine lives.

The result is that companies have been able to claim much larger

deductions for depreciation than Treasury had allowed for.

Trade Minister Craig Emerson defended the MRRT on Monday, saying the tax

is designed to be flexible and there are no plans to change its form. He also

rejected claims that revenue would not even cover administration costs.

Swan said last Friday it was too soon to be reconsidering the design of

the tax. He said influences on the tax, other than the volatility caused by

commodity prices, would be considered by Treasury and the tax office as they

reviewed the tax's performance.

"We need a resource rent tax for our children and grandchildren, " he

said.

Australian Greens deputy leader Adam Bandt, calling the current laws a

"dud", introduced a bill on Monday to plug the loophole that allows the miners

to deduct from their tax liability all past and future royalty payments to

states.

But a spokesman for the Minerals Council of Australia said the

government must not break the deal it made with minerals giants BHP Billiton,

Rio Tinto and Xstrata in 2010.

He was quoted by Australian Financial Review as saying on Monday that

the tax was being extensively renegotiated through the policy transition group

led by Resources Minister Ferguson and former BHP chairman Don Argus.

He said the tax was not flawed because the deductability provisions won

by the minerals giants were done to eliminate taxation retrospectivity.

MRRT revenue is supposed to pay for a number of initiatives, including

the tax concessions from an increase in the superannuation guarantee from nine

percent to 12 percent, the removal of the 15 percent super contributions tax for

low-income earners and small business tax breaks.

Superannuation Minister Bill Shorten said the government would not drop

expenditure commitments linked to MRRT revenue, despite the shortfall. He said

the measures would be funded from " consolidated revenue".