Labor Senators Dissenting Report
Schedule 3 to
this Bill amends the PRRT Act to allow the present value of expected future
expenditures associated with closing down a particular petroleum project, where
these future expenditures relate to so much of this project as continues to be
used under an infrastructure licence, to be deductible against the PRRT
receipts of this project. This change is made so far as these costs are
currently not recognised for PRRT purposes.
The proposed treatment of platform closing down costs in the
assessment of PRRT involves estimating
the present value of future closing down costs and claiming them as a deduction
before they have been incurred. This
treatment violates the fundamental basis of the PRRT; that of a tax based on actual
cash flows.
Moving from a tax based on actual net cash flows is a
dangerous practice. One of the great
attractions of the PRRT has been its stability over time. It replaced the crude oil levy that was
varied from year to year. The
instability of the crude oil levy created damaging uncertainty for investors.
Labor is dismayed at the Treasury claim in the Explanatory
Memorandum that the proposed changes would not entail any cost to the
revenue. This is ludicrous. Industry would not be seeking the change if
it did not favourably affect profitability.
The Treasury assertion is based on an assumption that, in the absence of
this concession, all platforms would be shut down at the end of petroleum
production and there would be no move to using platforms for processing
facilities. There is no basis for making
such a blanket assumption.
Alternative ways of allowing for actual platform closing down costs to be claimed as deductions
should have been considered, that do not violate the cash-flow basis of the
PRRT. Once the base of the PRRT is
corrupted, the danger is that industry and government will seek further
corruption of the PRRT base. This would
undermine the stability of the PRRT, unnecessarily increasing sovereign risk to
the detriment of both investment and government revenue.
Senator Ursula Stephens
Deputy Chair
Senator Ruth Webber
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