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A nasty tax surprise for Russia’s mining tycoons



Russia’s first deputy prime minister Andrey Belousov sat patiently and listened to the pleas from some of the country’s richest men, arguing why it was unjust for their metals and mining empires to pay more tax to help fill the hole the pandemic has blown in Moscow’s budget.

But when they had finished their arguments, he gave a blunt response.

“What are you talking about? Have you even been out on to the street?,” he snapped, according to three accounts from the meeting. “We have spent Rbs4tn roubles . . . borrowed it on the market with interest. Why are you whining? We have cut budget spending by 10 per cent . . . what justice are you on about?”

The virtual meeting fell silent. The billionaires got the point.

The tax raid may well be a harbinger of future measures forcing the natural resources industry to provide more financial support for the Kremlin. The pandemic appears to be heading for another wave of infections and economically damaging lockdowns this winter and into next year.

A public spending splurge planned before the pandemic and the subsequent economic crisis has left the country’s finance ministry with a $50bn deficit this year, equivalent to around 4 per cent of gross domestic product.

Hence the meeting with the industry bosses, who included steel tycoons Alexei Mordashov, owner of Severstal and worth $20bn and NLMK’s Vladimir Lisin, worth $23bn. Many were outraged that the new tax had been sprung on them so suddenly. Few had expected such a sharp response.

“[Belousov] was rude, but he said that stuff in a way that it was obvious this had already been decided by the President,” said one person involved in the discussion. “He had the meeting as a formality.”

The change that was presented — and passed by Russia’s rubber-stamp parliament on Wednesday — was an increase in the mineral extraction tax on companies that mine metals, ores and rock used to make fertilisers by 3.5 times from next year. Moscow says this will raise Rbs56bn ($700m) and affect domestic production only, with no impact on export prices or global commodity markets.

Gold and diamond producers, which already pay higher taxes than other mining groups, are exempt.

Mr Belousov has been here before. Two years ago, he tried to drive through a similar plan to tap almost the same companies for $7.5bn of what he called “excess profits”. The initiative was met with a barrage of criticism and was ignominiously shelved.

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Now, the Kremlin is having the last laugh. The economic crisis caused by the pandemic, which has seen billions of roubles in state aid doled out to companies and households, has given it the perfect excuse to dust off the plan and redeploy it in a revised guise.

In Russia’s system of government, where powerful oligarchs and state companies often use their considerable influence to direct policy, many believe there may also have been heartfelt encouragement for the tax rise from other industries. 

Indeed, as Moscow pushed through the new charge and ended tax breaks for a number of oilfields in order to raise more cash, Kremlin-controlled oil producer Rosneft was simultaneously granted tax breaks for two of its developments.

Rosneft’s chief executive Igor Sechin, a close and old friend of President Vladimir Putin, has long argued that the tax treatment of mining and metals is far friendlier than that applied to the oil industry.

The mining CEOs argue the tax rise will cut investment, hitting future output, job creation and economic growth. 

“It is ridiculous. But they understood what they could take from us, and they did,” according to another person who was at the meeting. “The way in which it was done, the mechanism they used is wrong . . . And they will probably do it again.”

“Is it a one-off? Is it for three years? Or is it forever?” the first person asked. “And the biggest worry is that they will keep coming back for more. Sure, Rbs56bn is OK but Rbs560bn is not,”

No company likes to pay more tax, even those that are reaping higher profits thanks to a weaker rouble that has lowered domestic costs and boosted export earnings. And oligarchs with fortunes larger than some small countries are no different.

But Russia’s metals and mining tycoons might be better off adopting Mr Belousov’s tactic of accepting a rebuke, licking their wounds and saving their powder for future fights. Covid-19 is unlikely to go away anytime soon, and neither is Moscow’s need to find new tax revenues.

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Emerging Markets

Toyota faces Thai bribery probe over tax dispute




Toyota is under investigation in Thailand over allegations that consultants hired by the world’s largest carmaker tried to bribe local officials in a tax dispute, according to Thai authorities, court documents and a person with knowledge of the matter.

The probe followed a filing last month in which Toyota revealed that it had reported “possible anti-bribery violations” related to its Thai subsidiary to the US Department of Justice and Securities Exchange Commission.

Toyota is one of the biggest foreign investors in Thailand, where it makes a large range of cars, vans and pick-up trucks for the local market and for export. The country is Toyota’s biggest manufacturing hub in south-east Asia. Prior to the Covid-19 pandemic, car sales had been strong in a market, where it has a 31 per cent share.

This month, Thailand’s Court of Justice said in a statement that it would take action against any of its judges found to have taken bribes. The statement, which the court described as a move to “clarify facts” in a news report on a foreign website, directly referenced a tax dispute involving Toyota.

“If the Court of Justice has received information or explicitly found that any judge committed an act of corruption to their duty, whether it is about bribery or not, the Court of Justice will resolutely investigate and punish any action which dishonours judges, undermines the neutrality of the court, or causes society [to] lose faith in the Thai justice system,” it said.

According to the court, the case involved a tax dispute worth Bt10bn ($320m) between Toyota Motor Thailand and tax authorities over imports of parts for its Prius hybrid model. 

The affair dates back to 2015, when Toyota’s Thai subsidiary was accused by local customs authorities of understating taxes by claiming that the imported Prius vehicles were assembled from completely knocked down kits, or imported parts that were later assembled in Thailand.

CKDs would have been subject to a discounted tax rate under a Japanese-Thai free trade agreement, but if the cars were fully assembled before being imported they would have attracted a much higher rate. 

Toyota appealed against a decision by customs authorities to impose a higher duty in 2015, but lost. 

Thailand’s Court of Justice has said that it had accepted a petition to review the case, but had not yet begun hearing it.

In its regulatory filing last month, Toyota warned that the US investigations regarding its Thai subsidiary could result in civil or criminal penalties, but the company has not disclosed any detail on the allegations.

In a statement, Toyota said it was co-operating with the investigations and declined to comment on the tax dispute in Thailand. “We take any allegations of wrongdoing seriously and are committed to ensuring that our business practices comply with all applicable government regulations,” it said.

The SEC and the DOJ declined to comment.

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Boris Johnson cancels India trip after Covid cases surge in country




UK prime minister Boris Johnson’s trip to India this month has been cancelled as the country battles a new variant and a surge in coronavirus cases that is overwhelming hospitals.

A joint statement by the British and Indian governments said the decision to scrap the visit scheduled for next week was prompted by the “current coronavirus situation”.

The trip, during which Johnson had hoped to discuss the prospects of a closer trading partnership with India, was initially planned to run for four days but had been scaled back. The two leaders will speak remotely instead, with plans to meet in person later this year.

The cancellation came as India’s capital city region has been put under lockdown and authorities have prohibited the use of oxygen except for essential services, as the country battles a surge in coronavirus cases that is overwhelming hospitals.

India continues to set single-day records of coronavirus cases, reporting more than 273,000 new infections and 1,619 deaths on Monday, with the number of new cases growing by an average of 7 per cent a day, one of the fastest rates in any big country.

The surge is believed to be linked to a new B.1.617 variant that was first discovered in the country.

British health officials are investigating whether the variant should be reclassified from a “variant under investigation” to a “variant of concern” following the discovery of 77 cases in the UK.

“To escalate it up the ranking we need to know that it’s increased transmissibility, increased severity, or vaccine-evading, and we just don’t have that yet, but we’re looking at the data on a daily basis”, Dr Susan Hopkins, a senior medical adviser at Public Health England, said on Sunday.

Officials in Delhi announced it would impose a strict lockdown for a week, following Mumbai and other cities that have already placed curbs on movement.

States are running short of beds, drugs and oxygen, leading the central government to restrict use of the gas. “The supply of oxygen for industrial purposes by manufacturers and suppliers is prohibited forthwith from 22/04/2021 till further orders,” the central government said.

Arvind Kejriwal, chief minister of Delhi, said “oxygen has become an emergency” in the region because its quota had been diverted to other states. He warned there were “less than 100 ICU beds” available.

The new restrictions have been imposed even as Prime Minister Narendra Modi and his ruling Bharatiya Janata party have hosted huge political rallies and allowed religious festivals attended by tens of thousands of maskless people in recent weeks.

Amit Shah, India’s home minister, told the Indian Express newspaper that he was “concerned” about the variant and the “surge is mainly because of the new mutants of the virus”. But he was “confident we will win” over the disease and said there was not yet a need to impose a national lockdown.

Bed shortages in India have forced authorities to re-establish emergency coronavirus hospitals in banquet halls, train stations and hotels that had been shut down following the previous peak in September. Crematoriums in the state of Gujarat and Delhi are running 24 hours a day, while cemeteries are running out of burial spaces.

Coronavirus patients have also been struggling to access medicines. More than 800 injections of remdesivir, an antiviral drug commonly used in India as part of Covid-19 treatment, were stolen from a hospital in Bhopal, Madhya Pradesh, at the weekend.

India is also facing a vaccine supply crunch and has frozen international exports of jabs to meet domestic demand. New Delhi pledged on Friday to increase monthly production of Covaxin, a vaccine made by Indian manufacturer Bharat Biotech, to 100m from 10m by September. The government also said last week that it would fast-track the approval of foreign vaccines in an attempt to boost supply and cleared Russia’s Sputnik V for use in the country.

The majority of the more than 120m Indians that have been vaccinated have received the Oxford/AstraZeneca jab manufactured by Serum Institute of India, the world’s largest manufacturer. The Serum Institute has struggled to increase its monthly capacity of more than 60m doses a month due to a fire at its plant earlier in the year and equipment supply shortages from the US.

Additional reporting by John Burn-Murdoch in London

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The limits of China’s taming of tech




The record fine handed out this month to Alibaba, the Chinese ecommerce giant, was a welcome step toward combating anti-competitive behaviour. The $2.8bn penalty put Alibaba and other tech companies on notice that creating siloed fiefdoms designed to trap customers and merchants within their ecosystems will not be tolerated.

It was addressing a longstanding problem. Many of China’s ecommerce companies operate “walled gardens” that prevent interactions with rival platforms. For example, Alibaba’s Taobao ecommerce app keeps users from paying for goods using the payment app of rival Tencent. Tencent’s social media app, WeChat, prevents clips from being shared directly from ByteDance’s video-sharing app. 

Last week China’s internet and market regulators signalled the seriousness of their intent. They gave tech companies one month to fix anti-competitive practices, telling them to conduct “comprehensive self-inspections” and “completely rectify” problems, following which they would need to publicly promise to abide by the rules. The aim is create a commercially open and competitive internet.

It is tempting to argue that regulators in the west could take a leaf out of China’s book. But to hold China up as an example of competitive best practice would be to ignore the elephant in the room. Although Beijing is giving its monopolistically-minded internet companies — which are almost all private enterprises — a rap on the knuckles, it shows no sign of applying the same standards to vast swaths of the economy that have been dominated by state-owned giants for decades. 

The market dominance of these behemoths of state capitalism is an issue that affects not only domestic competitors but also foreign multinationals that operate in China. A trenchant joint paper last week from the European Council on Foreign Relations, a think-tank, and the Rhodium Group, a consultancy, took aim at the increasingly unfair advantages that this system gives China.

While it is true that China has opened up sectors such as financial services to foreign capital in recent years and allowed foreign brands to win market share in luxury goods and pharmaceuticals, broad sectors of the economy remain fully or partially closed or to overseas investors. 

Often the barriers erected to block or stymie competition are informal. Authorities can deliberately favour domestic companies in public procurement, are more ready to grant approval for licenses, subject foreign firms to arbitrary inspections or require them to re-engineer products to meet idiosyncratic domestic standards.

Such drawbacks are not new. But they are taking on an extra urgency as Chinese companies become leaders in an increasing number of industries and the country’s technological prowess draws level with the US and Europe in a list of industries. The key problem now, says the ECFR/Rhodium report, is that Chinese multinationals are using the advantage of a protected home market to build up resources that they then deploy in competition with western counterparts abroad.

This sets the scene for friction. China should extend its anti-monopolistic scrutiny from its own privately owned internet companies to several state-dominated sectors of its economy, taking care to open to foreign multinationals as much as domestic competitors. If it decides against doing this — as is likely — it will be furnishing Europeans and Americans with ammunition to argue against extending access to Chinese corporations in their own markets.

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