The Anatomy of Tax Evasion in Africa

Africa Confidential has a great piece analyzing leaked documents from PwC, the professional services firm, showing the various arrangements that enable multinational companies to evade taxes in Africa. You can read the whole piece here (gated).

  • One of the measures PwC advised multinationals to take was to create a wholly-owned Luxembourg-based subsidiary which would hold the rights to intellectual property used by the rest of the group. The rest of the group would then pay licensing fees to the Luxembourg-based subsidiary which, by agreement with the authorities, would be granted tax relief of up to 80%……
  • A second tax avoidance mechanism simply involved the companies becoming incorporated in Luxembourg. In 2010, Luxembourg concluded an agreement with several companies of the Socfin (Société financière) agribusiness group, which was founded during the reign of Belgian King Leopold II by the late Belgian businessman Adrien Hallet. The companies chose Luxembourg as their base and made an agreement under which their dividends were subject to a modest 15% withholding tax, a lower figure than those in force where their farms are located (20% in Congo-K and Indonesia, 18% in Côte d’Ivoire).
transfer-pricing

The art of hiding profits

Altogether, Socfin subsidiaries in Africa [in Sierra Leone, Nigeria, Liberia, Cote d’Ivoire, and Cameroon] and Indonesia produced 123,660t. of rubber and 380,770t. of palm oil in 2012. The combined turnover of its main African subsidiaries reached €271 mn. in 2013. The list also includes the 100%-owned Plantations Socfinaf Ghana Ltd. (PSG) and Socfin-Brabanta (Congo-Kinshasa). Socfin also holds 88% of Agripalma in São Tomé e Príncipe and 5% of Red Lands Roses (Kenya).

  • A third mechanism involves cross-border lending within a group of companies. Companies registered in Luxembourg are exempt from tax on income from interest.

According to the Thabo Mbeki High Level Panel report between 1980 and 2009 between 1.2tr and 1.4tr left Africa in illicit flows. These figures are most likely an understatement. Multinationals, like the ones highlighted by Africa Confidential, accounted for 60% of these flows.

Alex Cobhan, of the Tax Justice Network, has a neat summary of the various components of illicit financial flows (IFFs) and how to measure them. He also proposes measures that could help limit IFFs, including: (i) eliminating anonymous ownership of companies, trusts, and foundations; (ii) ensuring that all bilateral trade and investment flows occur between jurisdictions which exchange tax information on an automatic basis; and (iii) making all multinational corporations publish data about their economic activity and taxation on a country-by-country basis.

Alex Cobham blogs here.

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The politics of reforming Nigeria’s oil sector

Nigerian legislators are attempting the impossible – to reform the management of their nation’s biggest cash cow – and failing. Decades of mismanagement and grand corruption have left Nigeria’s oil sector with entrenched and convoluted interests that are almost impossible to untangle and dislodge.

Africa Confidential reports:

Efforts towards comprehensive reform of Nigeria’s oil and gas industry are in tatters some five years after the first version of the Petroleum Industry Bill was presented to Parliament. After several redrafts, the PIB is still on the floor of the National Assembly and at the centre of partisan disputes, as parliamentarians pick over clauses which they claim favour one region of the country over another.Meanwhile, well connected companies and officials continue to benefit from an opaque system of management and operation that has allowed as much as US$100 billion to be siphoned off from state oil and gas revenue over the past decade, according to a report drawn up by the former anti-corruption czar, Nuhu Ribadu (AC Vol 53 No 9).

The failure to pass the reforms mooted in the PIB, which was intended to boost accountability and state revenue from exports, has developmental as well as financial costs. Nigeria has been unable to conduct a licensing round to award new blocks since 2007 because of uncertainties about new regulations and fiscal terms. This has limited new investment, raising the possibility that production capacity, which has been fixed at around 2.5 million barrels per day for a decade, could start to fall in the next few years.

More on this here.

Zuma may be a one-term president

Back when he dislodged Thabo Mbeki South African President Jacob Zuma promised that he would only serve one term. But having tasted the power of the presidency, he now wants a second term. His bid, however, has not been well accepted within the ANC.

Although it is common knowledge that the much-married Zuma wants a second term he has remained equivocal on the issue, at one point saying “I never said I would serve one term and I have never said that I would want two terms”  (The New Age reported on Wednesday, June 8th).

The Africa Confidential reports:

Zuma’s main rivals, Tokyo Sexwale and Deputy President Kgalema Motlanthe, are trying to fix it so that Motlanthe would be a one-term president, Sexwale would be his deputy and Paul Mashatile, Gauteng’s provincial leader and Premier, would be ANC national chairman. They may offer a deputy presidency to Lindiwe Nonceba Sisulu, the Defence Minister and Zuma’s ally. Sisulu and Sexwale, however, do not get along.

An anti-Zuma tirade erupted from the General Secretary of the Congress of SA Trade Unions, Zwelinzima Vavi, who said there is leadership paralysis in the ANC and warned that the country is in danger of ‘imploding’. He criticised Zuma’s ‘doublespeak’ on economic issues.

More on this here.

Quick Hits

Teodorin Obiang’s free ride is over. The son of the Equatorian dictator has had some of his wealth seized by the US government on suspicion of money laundering. For more on Equatorial Guinea read Ian Birrell‘s piece at the Guardian here.

Check out the Peter Gastrow Report on Transnational Organized Crime and State Erosion in Kenya. The juicy bits are between pages 47-50. The thick and thin of it is that very senior Kenyan politicians are implicated. For a related earlier post on drug trafficking click here.

Smith at African Confidential discusses the Kenyan involvement in Somalia, with an added section on the complexity of the intervention. He also raises questions about the link between al-Shabab and piracy and touches a bit on why the organization could yet find a fertile ground for recruitment on the Kenyan coast.