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Sources say that gold mining companies in Ghana and Ivory Coast are resisting tax increases.

Sources say that gold mining companies in Ghana and Ivory Coast are resisting tax increases.

Sources in the industry say that gold miners in Ghana and Ivory Coast refuse to pay higher taxes this year because they feel it violates their licence agreements.

West African countries have taken advantage of the soaring gold price to raise mining taxes, and generate additional revenue in order to close budget deficits.

The six sources in the industry said that mining companies in the area have mostly complied with the rules, except in Ghana and Ivory Coast. Ghana is Africa's largest gold producer and Ivory Coast is Africa's seventh biggest.

Sources say that mining companies have agreed to negotiate with Ivory Coast or Ghana governments in order to cancel the tax increases, and to not pay them while doing so.

Gold Fields and Newmont are among the producers in both countries. Barrick, Endeavour, Allied Gold, Perseus, AngloGold Ashanti and Barrick. All of them declined to respond or didn't reply to requests for comments.

Ivory Coast implemented a flat tax on royalty of 8%, up from the previous 3%-6%, depending on a miner's agreement.

Ghana, which is in default on its debts and is going through a debt restructuring process, increased a tax from 1% to 3% on the annual gross production of gold miners in March after appealing to companies to help plug revenue gaps.

If people invest for the long-term and the rules are changed midway through, this can have a negative impact on the project. "New rules can be applied to new projects," stated an executive from a major international miner operating in Ivory Coast who requested anonymity.

Requests for comments from the mines and finances ministries of Ghana and Ivory Coast were not answered.

Two other sources said that Burkina Faso, a military-run country in the region, introduced a sliding-scale royalty regime in early February. The system linked royalties with gold prices and the miners have mostly complied, they added.

The new mining codes have introduced aggressive regulations that are mostly followed by the miners of Mali, Niger, and Guinea.

ONGOING NEGATIONS

Gold prices are up nearly 30% in this year. This has led to higher profits for gold miner in the first quarter. However, sudden regulatory changes can be a major obstacle when doing business in Africa.

Barrick and Mali's military-ruled Government have been locked in a standoff for two years over new mining laws aimed at increasing state revenue. The dispute has led to the closure of Loulo-Gounkoto, detentions of executives, and a plunge in Barrick's share price.

Barrick, a company that also operates in Ivory Coast did not reply to a comment request.

A mining executive revealed that the Ivory Coast miners are in talks with the finance and mines ministries to resolve the issue of the new taxes.

Ghana's companies, under the Ghana Chamber of Mines, have asked for the government to reconsider their measures.

In the event that the talks do not succeed, the companies may be penalized for late tax payments. Unnamed Ghanaian mining company said that the tax authority had the right to close a company and impose fines. Companies could sue the tax authority if they prove that their contracts are exempt from tax increases.

Denis Gyeyri is Africa Senior Program officer at the nonprofit Natural Resources Governance Institute. He said that governments raise taxes too quickly when prices rise, but do not lower them when they fall.

Gyeyri stated that loyalty rates should be progressive, compensating mines with low prices while maximising government revenue through high prices.

He said that countries should keep their tax rates as competitive as possible. For example, royalty rates in Western Australia vary from 2.5% to 7.5%, depending on how much processing is done. Maxwell Akalaare Adombila (reporting) Loucoumane Coulibaly and Emmanuel Bruce, in Accra and Abidjan. Editing by Veronica Brown & Susan Fenton

(source: Reuters)