RE: Sell Alpala?5 Oct 2020 15:00
OK Padmaster, thank you for that link. I am not an expert in cooperate finance, and don't claim to be.
However this link, doesn't only explain why Alpala is hard to sell, as a separate entirety.
It also This makes it very hard to sell Solgold as a company. As not all the licenses transfer, and they need to be applied for again. So looking at this, I don't believe anyone will bid for Solgold, until after production.
It's a fair bit to read through, and would welcome comments from other people, please read it all, as I am pretty sure I have missed bits.
First of all in section 25: The part referring to asset sales, explains Padmaster's 10% tax on asset sells.
Please correct me if I am wrong.
Will paste in below:
Asset sale
Asset sales are subject to the following taxes:
Capital gains tax (Impuesto a la Plusvalía): up to 10% of the price established in the respective contract, which will be determined by the respective municipality.
Municipal transfer tax (Impuesto de Alcabalas): 1% of the price established in the respective contract.
Municipal contribution on improvements (Contribución Especial de Mejoras): established on a case by case basis by the municipality where the property is located and based on the value of the improvement that must be shared by the beneficiaries.
Provincial council tax: equivalent to 0.001% of the municipal transfer tax.
Registration levy: the amount varies depending on the purchase price, and ranges from US$22 to US$250.
Second point: please read all of section 3: It makes the point if ENSA or Solgold is sold, that the environmental permits, including the water permits, don't automatically transfer, and may need to be applied for again.
I have been arguing this before, and all the knowledgeable people on this forum, who reckon, I was wrong, because I didn't understand cooperate takeovers, are wrong, as this document clearly shows this. ( I have never said I understand cooperate takeovers, but remember reading this somewhere else ).
Hence they would need to reapply for licenses, and I don't believe this could be done in the time required.
In my opinion, this is a huge impediment, and would stop anyone bidding for Solgold until it's in production.
This doesn't mean that we won't get a bid, but this is a lot of increased risk and cost for the bidder, and if the government doesn't believe this can be done, in the required time period, they may halt the sale.
I will paste in the relevant portion below.
In a share/quota transfer the company continues with its business, contracts, and permits, meaning that the business is not affected. However, in the case of asset transfers, new permits may be required (for example, environmental and operating permits) and this may mean that the business is affected.