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Deforestation Tax: Problematic of Tax Liability of Mining Titleholders

For some time, mining companies in the Democratic Republic of the Congo are facing the National Forest Fund, (“Fonds Forestier National”), a technical and financial public establishment set up by the law N° 011/2002 of 29 August 2002 relating to the Forestry Code (“Forestry Code”) for the payment of the “deforestation tax” as a result of the deforestation made by them concerning the mining areas covered by their mining titles. With regard to the taxes, customs and other duties and levies regime applicable to the mining titleholders provided for in the Law n° 007/2002 of11 July 2002 relating to the Mining Code...

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A New Legal Framework to Promote the Public-Private Partnership in the Democratic Republic of the Congo

By Upio Kakura Wapol On February 11, 2014, the Democratic Republic of the Congo (DRC) enacted the Law No 14/005 creating tax, customs and parafiscal system of non-tax revenues and exchange control system applicable to Cooperation Agreements and Cooperation Projects, "PPP Law". This law is substantiated by the will of the DRC to implement a public-private partnership aimed at raising significant funds to further the implementation of huge reconstruction and development programme designed to provide the country with core infrastructures in order to upgrade the social welfare of population. The cooperation agreement and cooperation projects shall be the subject of the private-public...

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Income Tax Act, 1962 : Section 12L

Michele da Silva da Mata and Willy Bashiya Mbayi As part of an initiative to become more energy efficient, the South African Government has decided to incentivise reductions in energy usage. Coming into operation on 1 November the recently introduced section 12L of the Income Tax Act, No 58 of 1962 (‘the Act’) provides for a tax deduction calculated by a set formula pertaining to the amount of energy saved for any person that is carrying on a trade during any year of assessment ending before 1 January 2020. This section sets out how energy savings must be measured. In order to...

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Implications of the Carbon Tax on South Africa’s transition into a greener economy

As developing countries, such as South Africa, transition into more industrialized countries, they face numerous problems relating to their social, economic and political development. Despite South Africa’s incorporation of ideas such as state equality, principles of non-aggression and non-intervention, in which it aims to earn its seat in the framework of International Law; there is no doubt that South Africa is still searching for its respective place in the global economy. Developing countries have a tendency to emulate developmental patterns of developed countries, in an aspirational manner. However, these patterns are not always fitted to their respective economies and thus require...

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