| | 13 | Taxation | | |
| | | SA normal taxation | | |
| | | Mining tax (a) | | |
130 | 44 | | current year | 6 | 14 |
41 | (1) | | prior year | | 5 |
| | | Non-mining tax (b) | | |
159 | 40 | | current year | 5 | 18 |
5 | 1 | | prior year | | 1 |
| | | Deferred tax (c) | | |
358 | 364 | | deferred tax | 48 | 40 |
| | | Foreign normal taxation | | |
(505) | (113) | | deferred tax (d) | (15) | (56) |
188 | 335 | | Total normal taxation | 44 | 22 |
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(a) | Mining tax on gold mining income in South Africa is determined according to a formula, based on the taxable income from mining operations. Gold mining companies within the group that have elected to be exempt from Secondary Tax on Companies (STC) are taxed at higher rates than those that have not made the election. | | |
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| All qualifying mining capital expenditure is deducted from taxable mining income to the extent that it does not result in an assessed loss. Accounting depreciation is eliminated when calculating the South African mining tax income. Excess capital expenditure is carried forward as unredeemed capital to be claimed from future mining taxable income. The group has several tax paying entities in South Africa. In terms of the mining ring-fencing application, each ring-fenced mine is treated separately and deductions can normally only be utilised against mining income generated from the relevant ring-fenced mine. | | |
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| The formulas for determining the South African gold mining tax rates for the 2009 and 2010 financial years are: | | |
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| Y = 43 215/X (entities whom elected not to pay STC) | | |
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| Y = 34 – 170/X (entities whom did not make the election) | | |
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| Where Y is the percentage rate of tax payable and X is the ratio of taxable income, net of any qualifying capital expenditure that bears to mining income so derived, expressed as a percentage. | | |
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(b) | Non-mining income is taxed at 35% (exempt from STC) and 28% (no election made). Non-mining companies are taxed at the statutory corporate rate of 28%. | | |
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(c) | The deferred tax rate used to calculate deferred tax is based on the current estimate of future profitability when temporary differences will reverse, based on tax rates and tax laws that have been enacted at balance sheet date. Depending on the profitability of the operations, the deferred tax rate can consequently be significantly different from year to year. The deferred tax rates of the groups mining companies are as follows: | | |
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| Harmony Gold Mining Company Limited | 23.1% | 17.1% |
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| Randfontein Estates Limited | 20.9% | 20.2% |
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| Evander Gold Mines Limited | 22.9% | 6.9% |
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| ARMGold/Harmony Freegold Joint Venture | | |
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| Company (Proprietary) Limited | 29.4% | 28.8% |
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| Avgold Limited | 0.0% | 0.0% |
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| Kalahari Goldridge Mining Company Limited | 21.0% | 24.0% |
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(d) |
Mining and non-mining income of Australian and PNG operations is taxed at a standard tax rate of 30%. | | |
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| | | Income and mining tax rates | | |
| | | The tax rates remained unchanged for the 2010 and 2009 financial years. | | |
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| | | Major items causing the groups income tax provision to differ from the maximum mining statutory tax rate of 43% (2009: 43%) were: | | |
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(900) | (75) | | Tax on net profit from continuing operations at the maximum mining statutory tax rate | (10) | (102) |
(305) | (144) | | Non-allowable deductions | (19) | (33) |
5 | 24 | | Profit from associates | 3 | 1 |
126 | 16 | | Difference between effective mining tax rate and statutory mining rate on mining income | 2 | 14 |
100 | 22 | | Difference between non-mining tax rate and statutory mining rate on non-mining income | 3 | 11 |
479 | (726) | | Effect on temporary differences due to changes in effective tax rates | (95) | 53 |
(45) | | | Prior year adjustment mining and non-mining tax | | (5) |
352 | 548 | | Capital allowance, sale of business and other rate differences | 72 | 39 |
(188) | (335) | | Income and mining taxation | (44) | (22) |
9% | 191% | | Effective income and mining tax rate | 183% | 9% |
| | | Deferred tax | | |
| | | Deferred tax liabilities and assets on the balance sheet as at 30 June 2010 and 30 June 2009 relate to the following: | | |
4 963 | 5 422 | | Gross deferred tax liability | 711 | 643 |
4 786 | 5 406 | | Amortisation and depreciation | 709 | 620 |
92 | | | Product inventory not taxed | | 12 |
85 | 16 | | Other | 2 | 11 |
(1 712) | (1 887) | | Gross deferred tax asset | (248) | (222) |
(1 409) | (1 506) | | Unredeemed capital expenditure | (198) | (183) |
(231) | (269) | | Provisions, including non-current provisions | (35) | (30) |
(72) | (112) | | Tax losses | (15) | (9) |
| (1) | | Disposal groups classified as held for sale | | |
3 251 | 3 534 | | Net deferred tax liability | 463 | 421 |