Law library · Sierra Leone · No. The Extractive Industries Revenue Act 2018No. The Extractive Industries Revenue Act 2018
Section 6, No. The Extractive Industries Revenue Act 2018No. The Extractive Industries Revenue Act 2018
Status not yet checkedNo. The Extractive Industries Revenue Act 2018No. The Extractive Industries Revenue Act 2018, Sierra Leone
(1) Subject to subparagraph (4), all capital allowance expenditureincurred in respect of mineral operations during a year of assessment is placed in
a separate pool.
(2) Capital allowances are granted with respect to each pool at the
rates provided for in subparagraph (3).
(3) Capital allowances shall be granted for expenditure pooled under
subparagraph (1) for a year of assessment at the following rates:
Year of Assessment Amount of Capital Allowance
In which expenditure incurred 40% of expenditure
Second Year 20% of expenditure
Third Year 20% of expenditure
Fourth Year 20% of expenditure
(4) Capital allowances shall be granted for amounts included in the
adjusted cost base of a mineral right (including by reason of a reacquisition under
section 9 and bonus payments) according to the following rules:
(a) each amount is allocated proportionately over the years of
assessment from the year in which the amount is incurred
until the year in which the term of the right expires; and
(b) the capital allowance for each year is the amount allocated
to that year.
(5) Capital allowances granted with respect to a particular year of
assessment shall be taken in that year and cannot be deferred to a later year of
assessment.
(6) Where an asset for which capital allowances has been granted under
this paragraph is disposed of (or deemed to be disposed of) during a year of
assessment-
(a) if the consideration received for the disposal exceeds the
written down value of the asset, the excess shall be
included in calculating chargeable income from the mineral
operations for the year;
(b) if the written down value of the asset exceeds the
consideration received for the disposal, an additional capital
allowance shall be granted for the year in an amount equal
to the excess; and
(c) the relevant pools referred to in subparagraph (1) shall be
reduced by the written down value of the asset.
(7) In this paragraph-
“capital allowance expenditure” means expenditure for which capital
allowances are available, either under section 7 of this Act or
section 39 of the Income Tax Act, 2000; and
“written down value” of an asset means the adjusted cost base of
the asset less all capital allowances granted with respect to
expenditure included in that cost.
No. The Extractive Industries Revenue Act 2018No. The Extractive Industries Revenue Act 2018 59
(b) the minerals are to be supplied under the contract over a
period exceeding one year,
the method for determining the market value of the minerals supplied in a manner
that is consistent with subparagraph (1) may be agreed with the Commissioner
General, in consultation with the Minister responsible for finance and the National
Minerals Agency, by way of an advance pricing agreement issued as a private
ruling under section 168 of the Income Tax Act, 2000.
Time for Payment of Royalties
3. The holder of a mineral right shall pay royalties at the following times:
(a) in the case of precious stones and special stones, at the
time of evaluation referred to in paragraph 2(2), export or
delivery under a contract of sale, whichever is earlier; and
(b) in the case of other minerals, the last day of the calendar
month following export, processing or delivery under a
contract of sale, whichever is earlier.
INTERPRETATION
4. In this Part–
“bulk minerals” means bauxite, rutile, iron ore, tantalum and other
minerals as may be prescribed by regulations, but excludes
precious metals and precious stones; and
“precious metals” has the meaning given in paragraph (a) of the
definition of “precious mineral” in section 1 of the Mines and
Minerals Act, 2009.
PART III: MINERAL RESOURCE RENT TAX
(Sections 12 and 13)
Mineral Resource Rent Tax Rate
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