Texasgulf Inc. and Subsidiaries, as Successor in Interest to Texasgulf Inc. and Subsidiaries - Page 10

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               4.   Processing Allowance                                              
               Most OMT taxpayers can deduct a processing allowance under             
          the third method for calculating OMT profit.1  Id. sec.                     
          3(3)(c)(i) and (ii) (as amended in 1975); Ont. Rev. Regs. 126/75,           
          sec. 4 (1975).  During the years in issue, the processing                   
          allowance was calculated at a rate prescribed by the regulations            
          or determined by the mine assessor.  MTA,  R.S.O., ch. 269, sec.            
          3(7)(c)(ii).  The processing allowance was a percentage of the              
          cost of assets used to process a mined product (asset cost basis)           
          or a percentage of profits from mining and processing activities            
          (combined profits).  Ont. Rev. Regs. 126/75, sec. 5 (1975).  An             
          OMT taxpayer which used the asset cost basis method multiplied              
          the original cost of assets by a percentage which varied based on           
          which processing assets the mine operator owned (e.g.,                      
          concentrator, smelter, refinery, and semi-fabricating plant) and            
          where those assets were located (e.g., in Northern Ontario).  Id.           
               The minimum processing allowance was 15 percent of combined            
          profits.  Id. sec. 5(5).  The maximum processing allowance was 65           
          percent of the OMT taxpayer's combined profits.  Id.                        
               Most mine operators claimed the 65 percent amount.  The                
          processing allowance was zero if an operator had no taxable                 


               1The processing allowance is not available to mining                   
          companies that do not process mined material, e.g., gypsum, salt,           
          etc.  These are very insignificant in numbers and dollars in                
          Ontario.                                                                    




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