Revenue collection is the one which can emancipate us from begging, from disturbing friends… if we can get about 22 percent of GDP we should not need to disturb anybody by asking for aid….instead of coming here to bother you, give me this, give me this, I shall come here to greet you, to trade with you. – Yoweri Museveni, President of Uganda
In 2014 Zambia exported 59% of its copper to Switzerland, yet a look at Switzerland’s import and export statistics shows that they barely imported any copper and barely anything from Zambia[1], it is likely that most of this copper ends up going to China or other markets. What’s happening is that mining companies operating in Zambia are taking advantage of transfer pricing. Transfer pricing is where a subsidiary of a multinational company from one jurisdiction sells goods or services to a subsidiary of the same multinational company in another jurisdiction. Multinationals will most often use transfer pricing to shift profits into tax havens and low tax countries such as Switzerland. In the case of Zambia’s copper, mining companies such as Glencore sells copper mined in Zambia by its Zambia based subsidiary to the company’s trading arm incorporated in Switzerland at lower than market prices. The Swiss based trading arm then sells on the copper to the world market at market prices. The results of the transaction will mean that Glencore’s Zambia subsidiary will generate lower profits, minimising the tax payable to the Zambian authorities, while Glencore’s Swiss trading arm will generate the majority of the profits from the sale of copper, making these profits taxable in Switzerland, which as stated earlier is a low tax country. This strategy isn’t illegal, but what it does is minimise the taxes that are paid to the Zambian government and maximise the profits that these companies can make.
What happens to copper profits and taxes in Zambia is neither new nor unique. The UN economic commission for Africa High Level Panel on Illicit Financial Flows[2] estimates that “over the last 50 years, Africa is estimated to have lost over 1 trillion dollars in illicit financial flows, this is roughly equivalent to all of the official development assistance received by Africa over the same timeframe.” Currently, they estimate Africa is losing more than $50 billion annually which is double the aid that Africa receives per year.
Across the continent African governments are once again getting caught in a debt trap (you can read a previous post on that here) and are struggling to raise revenue and are having to increase taxes on the poor and working classes. In South Africa the latest budget included a 1% rise in VAT among others, Niger is currently experiencing mass protests against new tax raises on common goods, Kenya , Zambia and other nations across the continent are considering or implementing similar tax hikes. These measures will hit the poor hardest as they will raise the prices of the goods such as fuel, food and clothing that they need the most.
Not only is Africa getting bilked of its taxes, African governments are trying to make up the difference on the backs of the poor. This needs to change, multinational corporations and international investors will be a part of Africa’s growth story and they will (or already are) make fantastic profits from it, it is only fair that Africans get their fair share. And now is the perfect time to enact policies that would give Africa a fair share. Across the world tax evasion is key issue, Europe is cracking down on tech companies that use tax avoidance strategies, and three years ago the G20 vowed to fight tax avoidance[3]. Rather than swimming against the tide, Africa would likely have allies in a quest to implement fair taxes.
Tax revenues and profits where they are made
Recently the EU proposed a new technology tax. For several years EU countries have been trying to deal with a tax avoidance problem, like Zambian copper, big multinationals would base their intellectual property in tax havens and have their European subsidiaries pay “royalties” for use the of it, essentially transferring profits made in Europe to tax havens. The most prolific users of this strategy have been the technology companies and thus the EU has decided to propose a 3% tax on the revenue generated made by these companies in the EU as opposed to profits. The main idea behind this tax is that companies should be taxed in the country’s where revenues and profits are made and not in tax havens, providing a simple solution that African countries should adopt.
Make taxes simpler; the Norwegian example
In the 1970s Norway started exporting oil and gas, in the 40 years since this industry has added over 1.1 trillion dollars to the Norwegian economy, which is almost the size of the combined economies of Sub-Saharan Africa. In 1990 Norway established a sovereign wealth fund to invest its oil revenues today it is now worth over 1 trillion dollars. One of the key tools they have used to benefit from their natural resources is tax, in Norway, companies drilling for North Sea oil pay a 78% tax rate on income, though it includes deductions for losses and investment they are simple and easily implemented and assessed by the government. In addition, Norway taxes entities not specific assets, once again this simplifies the system considerably (you can read more about Norwegian petroleum taxes here).
By contrast if you looked at laws or production sharing contracts around Africa on mining or oil and gas, they are complex, and contain different types of taxes levied on the companies, the mineral, the license etc. This complexity allows these tax systems to be gamed and avoided. African policy makers would do well to look at how Norway taxes the companies that extract its oil and gas and consider a similar system. A system that is simple, easily enforced and taxes the extractives industry on our terms. If we did this Africa could finally be in a position to get significant taxes from the extractives industry and like Norway plough those profits back into the continent.
Expand expertise
This policy is simple, but its subject matter is not. The global tax system and strategies used by multinational corporations are incredibly complex. Companies employ armies of lawyers and accountants to look for loopholes and provisions that will allow them to lower their tax bill, and African countries cannot match up. Thus, on this issue African nations need to come together and the AU or Africa Development Bank (AfDB) provides the perfect venue for doing so, to create an African Tax Centre. This is not a new notion, the AfDB already has the African Natural Resources Center, which was created to help African countries build capacity in natural resource management. The African Tax Centre could have a similar mission consisting of two goals, first to pool African expertise on taxes and assist national governments in identifying and stopping tax avoidance and second to help train and build the capacity of African revenue collection authorities. Over time as the capacity of African countries to administer and collect taxes increases they will be able to close off the avenues used by multinational corporations to avoid African taxes.
More Taxes less dependency
Taxes are a decidedly unsexy topic and bore most of us senseless. However, they are crucially important, the roads, schools, hospitals and police services that Africa needs must be funded somehow. For too long Africa has relied on aid and debt to provide a substantial portion of this funding, but aid comes with conditionalities set by foreign powers and can only be spent on things they deem important, and debt if not wisely used or with a bit of bad luck can be more burdensome than helpful. The only other option is taxes, but African governments must change their tax focus, today most African countries collect their revenues from those fortunate enough to have formal employment and Value Added Taxes, these taxes place their burden on those who can least afford it, meanwhile global corporations and investors are spiriting away over 50 billion dollars of prospective revenue. It is time for Africa to adopt policies that would end these practices, by taxing profits where they are made, reforming extractives taxes to be simpler and more effective and building the expertise needed to close the loopholes.
Africa is the final frontier of the commercial world. Over the last two decades big multinationals have sought to tap into the African market in technology, telecoms, mining, agriculture, healthcare (the list goes on), which are all very profitable now and will only get more so. The world both needs the resources under Africa’s soil and wants to take advantage of one of the world’s last untapped markets, thus the business case for doing business on the continent will not disappear as some people ominously warn whenever the prospect of higher and more efficient taxes are raised.
If Africa is ever to choose its own development path, if it is to decide its own destiny, it will not be done through depending on the generosity of others, it will be through its own money. If there is one policy Africa should be able to get behind it is that Africa needs taxes not aid.
[1]https://wits.worldbank.org/CountryProfile/en/Country/CHE/Year/2016/TradeFlow/EXPIMP/Partner/all/Product/72-83_Metals
[3] http://www.oecd.org/tax/g20-finance-ministers-endorse-reforms-to-the-international-tax-system-for-curbing-avoidance-by-multinational-enterprises.htm