Displaying items by tag: Tax

India: The government's income tax department has carried out raids at five locations belonging to Shree Cement. Reuters has reported that the authorities said they conducted 'survey action' on 21 June 2023.

India: The Goods and Services Tax Council will review the current imposition of a 28% goods and services tax on cement on 11 July 2023. The Telegraph newspaper has reported that the council is expected to recommend a reduction in the tax rate to the 18% band. Parliament’s Group of Ministers on Rate Rationalisation will then consider the recommendation.

Kenya: Parliament's Finance and National Planning Committee has rejected a petition from the Kenya Association of Manufacturers (KAM) for the removal of the 10% customs duty on imports of clinker. Business Daily News has reported that KAM member Rai Cement said that the duty will force cement plants to shut due to high costs. The committee, however, concluded that the levy aims to encourage local manufacturing, promote exports and create jobs for Kenyans.

National Cement, which operates the 1.95Mt/yr Kajiado cement plant in Merrueshi-Mbirikani, opposed the KAM line by submitting its own petition for an increase in the clinker import duty to 25%.

Cement producers in Bangladesh received a surprise at the start of June 2023 when the government budget proposed increasing the duty on imported clinker. The Bangladesh Cement Manufacturers Association (BCMA) reacted this week by calling for the duty on clinker to be reduced, while also calling for the same for a non-adjustable advance income tax (AIT) applied to associated imports and sales.

During a press conference, reported upon by the Financial Express newspaper and other media, BCMA president Alamgir Kabir said that the customs duty on key raw materials for the sector had previously been around 5% of the import value. However, he argued that the new suggested increased tariff was “disproportionate” because it placed the burden at 12 - 13%. He urged the government to treat the cement sector as a "priority sector" given that it was facing higher prices generally due to the aftermath of the Covid-19 pandemic, the energy shocks from the Russian invasion of Ukraine and negative currency exchange effects.

The BCMA’s latest lobbying call may sound familiar because it follows a similar battle against import charges from late 2022. A supplementary duty was introduced in November 2022 when the National Board of Revenue (NBR) changed the way limestone was coded in response to a significant increase in imports from 2020. At the time, the price of limestone imports reportedly nearly doubled. The BCMA may have won this battle because in March 2023 the NBR withdrew its supplementary duty. It did require that importers submit to further scrutiny including an updated Import Registration Certificate and various tax related requirements.

The timing of the NBR’s decision to relax the limestone duty is telling given that the previous month or so six of the country’s seven publicly listed cement producers reported either falling profits or losses for the second half of 2022 or the year as a whole. Only LafargeHolcim Bangladesh bucked the trend with an increase year-on-year in its annual profit after tax in 2022, although it attributed this to 95% volume growth in its aggregates business.

As discussed previously a characteristic of the cement sector in Bangladesh is that the country has no domestic limestone reserves. It all has to be imported. Arusha Ahmed Khan, Shun Shing Group presented a summary of the national industry at the Global Slag Conference that took place in early June 2023 in Düsseldorf. The country has two integrated cement plants and 36 grinding mills operated by 31 companies with a total capacity of 84Mt/yr. At present around 14Mt/yr of new cement grinding production capacity is planned by UK Bangla Cement, MI Cement, Confidence Cement and Dubai Bangla with commissioning dates expected from mid-2023 to mid-2025. Khan revealed that the government switched from British to European standards in the early 2000s leading to a high level (95%) of blended cements on the market. Use of slag cements has grown as more producers commission vertical roller mills and more uptake of slag and other blended cements using secondary cementitious materials (SCM) is expected in the future.

A key vulnerability for a grinding-heavy cement sector, like the one in Bangladesh, is any burden on imports such as logistic costs, currency exchange effects and government tariffs. Sure enough each of these examples has been reported locally. The government says that its proposed higher import tariff on clinker is the first such change in a decade. Cement producers have reacted, predictably, in a negative manner. Whether the authorities go ahead with the planned increase and how well the cement sector could absorb it remains to be seen. There may never be a good time for a tax rise but the BCMA has been able to present the current period as being especially bad.

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Bangladesh: The Bangladesh Cement Manufacturers Association (BCMA) has called for a 60% cut to duties on clinker imports, to US$1.84/t from US$4.61/t. The Financial Express newspaper has reported that BCMA members are struggling with high shipping costs and supply issues due to Russia’s war in Ukraine.

The Bangladesh government published plans to raise the duty on imports of clinker by 40% to US$6.46/t in its 2023 budget on 13 June 2023.

India: Shree Cement has won an auction for the Chandrapur limestone mine in Maharashtra. The mine has reserves of 50Mt of limestone, and is equipped to meet the raw materials consumption of a 1.5Mt/yr integrated cement plant. The mine occupies a 105 hectare site close to the Chandrapur and Warora railheads, 200km from Nagpur. Shree Cement will reportedly consider building new sidings to connect the quarry to the national rail network.

The Economic Times newspaper has reported that Shree Cement bid to pay taxes of 27% of the value of limestone extracted from the quarry, in addition to mining royalties. The local price of cement-grade limestone was US$5.76/t in May 2023.

Lithuania: Arturas Zaremba, the head of Akmenes Cementas, has warned that government proposals to increase the import tax on coal in 2024 and the abolition of subsidies for the fuel will affect the company. The country’s parliament is also proposing scaling the import tax based on a CO₂ scale, according to the Baltic Business Daily newspaper. Zaremba said that the cement producer uses 130,000t/yr of coal. However, it is currently investing Euro22m on an upgrade to its Akmenes integrated plant to allow it to switch to using a higher proportion of solid-recovered fuel. It currently has a 10% alternative fuels substitution rate using dried sewage sludge and tyres.

Zaremba said "There will be some impact because we will still have some of that coal left, but not as much as we would have had without the investment. I have not followed how much they plan to increase the excise duty, but we need to look into how much that would be in the financial terms. Any increase has an impact."

Vietnam: Cash flow issues have been noted as a risk for local cement producers struggling to create enough revenue to continue operations. Revenue is reliant on output, local consumption and exports but these are all falling with raw material costs rising and no improvement forecast for the real estate in the short-term, according to the Việt Nam News newspaper. Examples of cement companies reporting a loss include Quang Ninh Construction and Cement in the fourth quarter of 2022. An estimate by the Quang Ninh Tax Department also showed that the company owed more than US$4.m in July 2021, making it the largest debtor in the province’s building materials industry. Quang Son Cement, based in Thanh Hoa province, also reported an after-tax loss of US$13.5m in 2022.

Data from the Vietnam Association for Building Materials (VABM) shows that the cement industry’s production capacity reached 114Mt/yr in 2022, with an estimated output of 93Mt in 2022, giving it a capacity utilisation rate of 82%. However, domestic consumption accounts for around 60 –65Mt/yr, with exports accounting for the remainder. Information from the General Statistics Office reveal that local cement production fell by just under 10% year-on-year in the first quarter of 2023.

Thai Duy Sam, vice president and general secretary of VABM, told Vietnam Investment Review “In recent years, the cost of input materials, particularly coal, has increased multiple times. It has an effect on both production and output.” He added, “Currently, several significant corporations continue to ensure production. However, small enterprises with production lines that can produce 1 - 2t/day face both manufacturing and consumption challenges.” He continued by saying that the production lines of older plants have high depreciation costs and greater heat and electricity consumption than modern units. In addition, these smaller and older plants often lack a trademark, which can make the sales process harder. Commenting on the real estate market, Sam noted complicated payment processes can cause problems with both construction companies and building material suppliers. He cited examples of how the payment for the building materials used to build the Dong Tru and Vinh Tuy bridges had still not been settled 10 years after completion.

Canada: Heidelberg Materials and the Canadian government have signed a memorandum of understanding (MoU) to collaborate on the installation of a carbon capture system at the company’s Edmonton cement plant in Alberta. The project is scheduled for completion in 2026, at a total cost of US$1.01bn. When operational, the system will capture 100% of the Edmonton cement plant’s CO₂ emissions - 1Mt/yr – for transportation and storage in nearby Wabamun. Canada Newswire has reported that construction of the system will create 2000 jobs.

The government said that it would be a ‘significant partner’ for the project. The size of funding will depend on other provisions under its Investment Tax Credit for Carbon Capture, Utilisation and Storage scheme, which is currently being finalised.

Heidelberg Materials’ reaction to changes in the law in Hungary received attention this week in the German press. The government introduced its Act on Hungarian Architecture in March 2023 that will enable it to set production levels and prices upon foreign-owned cement producers when the new legislation takes force in July 2023. An unnamed executive at the Germany-based Heidelberg Materials told Der Spiegel that, "These regulations represent a complete violation of all rules of the European single market.” They added that the Hungarian government appeared to be trying to force the producer to sell up. The report further alleges that the owners of Duna-Dráva Cement, Heidelberg Materials and Schwenk Zement, also received an offer to buy them out in mid-2022 from an individual with links to Prime Minister Victor Orbán.

This latest move to corral the cement sector in Hungary follows a number of recent changes in legislation. Notably, Decree 404 was introduced in July 2021. This set a 90% tax on the ‘excess’ profits of cement, plaster, chalk, gravel, sand, clay, lime and gypsum producers with the stated intention of wanting to prevent rising prices. The government set a threshold price for cement of Euro56/t at the time. At the same time it also blocked exports of cement and other raw materials of declared strategic importance unless affected companies had registered with the Ministry of the Interior. The European Commission (EC) responded to a parliamentary question on the matter in November 2021 saying that it had sent a formal letter to Hungary informing it that it was breaching some parts of the Treaty on the Functioning of the European Union (EU) on the free movement of goods. Although it noted that the new law also affected exports outside the EU, which was beyond the EC's remit. It added that the so-called ‘mining royalties’ did not seem to breach EU tax law.

Concerns over these issues between Hungary and Germany also surfaced in October 2022 when Orbán met with the German Chancellor Olaf Scholz. At this time Thomas Spannagl, the head of Schwenk Zement, said that the windfall profit tax in Hungary had a "serious negative" impact on business and that importers were not affected in the same way.

Heidelberg Materials’ subsidiary Duna-Dráva Cement is the largest cement producer by production capacity in Hungary with two integrated plants at Beremend and Vác. Together they have a production capacity of 2.8Mt/yr, according to the Global Cement Directory 2023, or about 70% of the country’s active national capacity. Heidelberg Materials reported that its result from equity accounted investments fell by 27% year-on-year to Euro262m in 2022 from Euro356m in 2023 due to a decline in earnings particularly in China and Hungary. This compares to a 4% drop to Euro3.74bn in its result from current operations before depreciation and amortisation across the whole business. Despite this it also noted that Hungary’s overall economic output had grown by 5% in 2022.

Just before the new laws affecting cement companies starting arriving in mid-July 2021, the Hungarian Competition Authority started an investigation into a “drastic” increase in raw material prices. This followed a warning a year earlier in 2020 that it had started competition supervision proceedings against the three main market participants: Duna-Dráva Cement, Lafarge Cement and CRH. All three are foreign-owned companies.

Lafarge Cement Hungary operates the Kiralyegyháza plant and it is due to change its name to Holcim in May 2023. Its predecessor companies, Holcim and Lafarge, also used to run plants at Hejocsaba and Lábatlan before the merger in 2015. However, the Hejocsaba plant ran into legal problems between Holcim and another investor, shut in 2011 and was later forcibly taken over by the other party in 2014. Today the plant operates as Hejőcsabai Cement- és Mészipari (HCM) but cement production is reportedly yet to restart nearly a decade later and Holcim says that legal proceedings are still ongoing. The Lábatlan plant, meanwhile, closed for good in the early 2010s. CRH took over some of Holcim’s other operations in Hungary in 2015 at the same time as the formation of LafargeHolcim but does not run any cement plants in the country at present. It does own cement plants in nearby countries that are able to supply the Hungarian market as well as running 19 concrete units. It describes itself as the “number two player” in the local market. It wasn’t specific on Hungary in its financial results for 2022 but it did describe sales in its Europe East region as being ahead of 2021, “due to a strong focus on commercial actions to offset significant cost inflation.”

Construction costs in Hungary do appear to have grown faster than other European countries in the second half of 2021 as the country came out of the coronavirus pandemic. However, the country's anti-immigrant labour stance may have also contributed to the situation, in addition to the high-energy prices and supply chain bottlenecks experienced elsewhere. In addition, cement companies are also capable of monopolistic behaviour. For example, Duna-Dráva Cement’s proposed acquisition of Cemex Croatia was blocked by the EC back in 2017 on competition grounds. However, given how international the cement industry has become, it is surprising to see this kind of treatment from a government within the European Union.