Bottle Rockets Musings18 Jun 2020 05:10
Written Monday.
For a few days, a few posts have had me going on capital gains tax, I have done so much reading, trying to work out
the rules, and late last night I believe I finally found the answer.
Have a look at this taxation ruling that applies to mines, that are on a farm in agreement. Points 21-28 are pretty much the scenario we are at. (25 is the one that makes the most sense to me)
https://www.ato.gov.au/law/view/document?docid=ITR/IT2378/NAT/ATO/00001 - link broken when I pasted this into LSE - annoying, this whole thing is based on it!
I believe that the farm-in prices, the number of shares issued to Pacific trends. The 70/30 farm-in over a specific time frame is agreed by both parties on purpose for the bigger picture. This whole thing hinges for GGP and NCM on the 5% which if the mine is worth opening (we know today that it likely is) they will take that second farm in the option of 5%.
Having read the document a dozen times, I hold the belief that the "Fair market value" will be very different to the prices that are getting flung around, and be much lower than what a lot of these fag packet calculations.
Before some of you get your knickers in a twist, and I bet some of you are already cracking your knuckles to smash the keyboard calling me a de-ramper, I hate to tell you, but it's not all about the price of the gold in the ground at this very moment.
This whole process needs to be so that there is no reason to pay capital gains tax; It can be up to the two parties what that 5% is worth (TO THEM) I believe they will use a third party, which keeps AUS government happy, taking in to account the "No less" than $90m (AUD) that will have been spent by NCM. and other CapEx costs (salaries, and share options for instance amongst other things. (note 1.17 of the GGP 2018/9 financial statement)
Both companies have a right under the farm in to offset the last two years of money spent against the sale of the five per cent. If both parties agree that it is only worth $150M and sign off on it, that is FAIR TO THEM based on all the money already spent, and the cost of getting the ore out of the ground. Then that is that.
Now once that's done, and the 5% settled, then Newcrest will start releasing how much is really in the ground, the money will start flowing like a bottle of Bollinger in the hands of an F1 Driver. It will then depend if GGP continues to pay for mining (25%), or if cash or no cash deal is agreed.
Maybe take my findings today with a pinch of salt.
But I present this to you here for someone with more understanding than I, to come back to me and point me in the right direction if I have this wrong.
I hope this makes sense to someone. I have wanted to offer something of sustenance for a while to you all, rather than just be the sarcastic bloke that chips in tuppence way too often!
Cheers.