Three major factions in the State Duma have united
efforts to pass an amendment to the law on production
sharing agreements, or PSAs, giving local companies
an option to choose between two tax schemes.
"Given that Unity, the Communists and Yabloko
have a majority of the votes in the Duma, the draft
could sail in the first reading as early as June,"
said Alexander Kursky, adviser to the Duma committee
on industry.
However, foreign companies might find it disadvantageous
to use the new scheme because it does not separate
the profit tax from the total amount of payments,
subjecting them to double taxation.
But foreign businesses will be able to continue working
under the old scheme, Kursky said, because the new
one is optional.
The draft was forwarded jointly by Communist Yury
Maslyukov, the head of the committee on industry;
Gennady Raikov, who is a member of the People’s Deputy
fraction, which is considered to be close to the pro-government
Unity party; and Yabloko member Alexei Mikhailov,
a former head of the natural resources committee.
The new scheme would significantly simplify tax payments
under PSAs, which encourage investment, mainly to
companies developing oil, gas and gold resources by
offering tax breaks.
"In theory, the amendment should simplify paperwork,"
Kursky said. "But perhaps, we are too naive."
Oil companies working under the terms of a PSA have
to pay taxes under the following scheme.
First, they pay royalties worth 8 percent to 10 percent
of revenues.
Second, extracted oil is split into compensatory
oil, which goes to cover the costs of extraction and
is not taxed, and the so-called profit part, which
is split between the government and the oil companies.
Oil companies must pay a profit tax on the revenues
they derive from sales of the latter.
The new proposal will split the oil into two parts,
one going to the government and the other to the oil
companies.
Officials
at local oil companies said it was too early to
make assessments of the impact of the new law
because most PSAs were still not operational. |
Neither the royalties nor the profit tax will be
deducted separately, so the authors of the proposal
hope that the new scheme will significantly simplify
tax procedures.
"But it will neither help to recover the value-added
tax from the government nor simplify taxation for
foreign companies," Kursky said.
Oil companies developing new fields are entitled
to recover the value-added tax, but the government
has usually failed to honor its part of the deal.
The federal government already owes $37 million in
VAT arrears to companies developing the Sakhalin-2
project, Kursky said.
The law on PSAs was approved in 1995, but did not
become operational until the beginning of 1999 when
enabling legislation was passed, so some early PSA
projects were backed by presidential decrees.
However, with oil prices tripling in 1999 to just
below $30 per barrel, PSAs became less advantageous
for oil companies.
"It is more profitable [for local firms] to
use common taxation schemes now," said Ivan Mazalov,
oil and gas analyst with Troika Dialog brokerage.
"For foreigners, PSAs are a conventional way
of doing business."
PSAs are attractive because they do not allow the
government to change its taxation regime over the
period in which the agreements are valid and they
lock in profits in case of a downturn in the oil prices.
Foreign companies rely on PSAs to make an estimate
of costs over the long term required to make investment
decisions and long-term commitments.
The list of largest PSA projects includes Samotlor,
developed by Tyumen Oil Co., Surgutneftegaz’s Fyodorovskoye,
Kondpetroleum’s Krasnoleneninskoye, LUKoil’s Northern
Territories, Yukos’ Priobskoi and Tatneft’s Romashkinskoye.
Among the foreign oil companies involved in PSAs
are Totalfina, Conoco and Royal Dutch Shell.
Officials at local oil companies said it was too
early to make assessments of the impact of the new
law because most PSAs were still not operational.
"We do not operate any field under PSA yet,"
said Alexei Sukhodoyev, spokesman for Surgutneftegaz.
"One has to see how the legislation would be
implemented."
Surgutneftegaz has the right to develop two Western
Siberian fields — Fyodorovskoye and Tyanskoye — under
PSA.
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