Tables on the Structure and Rates of Main Taxes
- Table 1 – Summary of Federal Tax Rates (as of June 10, 2010 – Applicable to Fiscal Year 2010)
- Table 2 – Canadian Corporate Income Tax Rates Applicable to Mining (as of June 10, 2010 – Applicable to Fiscal Year 2010)
- Table 3 – Canadian Corporate Capital Tax Rates Applicable to Mining (as of June 10, 2010 – Applicable to Fiscal Year 2010)
- Table 4 – Features of Canadian Provincial/Territorial Mining Tax Regimes (as of June 10, 2010 – Applicable to Fiscal Year 2010)
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Federal Corporate income Tax •General •Resource rax rate for Mining companies |
18.0% of taxable income 18.0% of resource income (commencing January 1, 2007 the resource tax rate is the same of the general rate) |
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Capital Tax (Large Corporations Tax) |
Nil (phase-out completed as of January 1, 2008) |
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Goods and Services Tax |
5% of purchases (effective January 1, 2008) |
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Fuel Excise Tax •Gasoline •Diesel |
•10 cents per litre •4 cents per litre |
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Tax Rate % |
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| Federal income tax rate (basic) | 38.0 |
| Less provincial abatement | 10.0 |
| Rate after abatement | 28.0 |
| Less Resource rate reduction | 10.0 |
| Federal income tax rate applicable to mining | 18.0 |
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| From | To | Effective |
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| 19.5 | 19 | January 1, 2009 |
| 19 | 18 | January 1, 2010 |
| 18 | 16.5 | January 1, 2011 |
| 16.5 | 15 | January 1, 2012 |
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| Province/Territory |
Net federal tax rate on resource income % |
Prov./Terr. Statutory Income Tax Rate % |
Resource Allowance Reduction % |
Net Provincial Tax Rate on Resource Income % |
Net Combined Fed./Prov./Terr. Income Tax Rate % |
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| Alberta | 18.0 | 10.0 | - | 10.0 | 28.0 | |
| British Columbia (BC1) | " | 10.5 | - | 10.5 | 28.5 | |
| Manitoba (MB1) | " | 12.0 | - | 12.0 | 30.0 | |
| New Brunswick (NB1) | " | 11.5 | - | 11.5 | 29.5 | |
| Newfoundland and Labrador | " | 14.0 | - | 14.0 | 32.0 | |
| Nova Scotia | " | 16.0 | - | 16.0 | 34.0 | |
| Ontario | " | 11.0 | -2.75 | 8.25 | 26.25 | |
| Prince Edward Island | " | 16.0 | 16.0 | 34.0 | ||
| Quebec | " | 11.9 | 11.9 | 29.9 | ||
| Saskatchewan (SK1) | " | 10.0 | - | 10.0 | 28.0 | |
| Northwest Territories | " | 11.5 | - | 11.5 | 29.5 | |
| Nunavut | " | 12.0 | - | 12.0 | 30.0 | |
| Yukon | " | 15.0 | - | 15.0 | 33.0 | |
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BC1: Planned provincial income tax rates are 10.5% effective January 1, 2010 and 10% effective January 1, 2011, respectively.
MB1: Rate is 13% from July 1, 2008 to June 30, 2009 and 12% thereafter.
NB1: Rate is 13% up to June 30, 2009 and 12% from July 1, 2009 to June 30, 2010. Planned rate reductions are 11% effective July 1, 2010, 10% effective July 1, 2011, and 8% effective July 1, 2012, respectively.
SK1: The general rate (12% in 2010) is the maximum rate. A rebate of 2% is available, which can reduce the rate to 10%.
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| Province/Territory |
Federal-Large Corporates Tax Rate % |
Prov./Terr. Capital Tax Rate % |
Deduction ($M) |
Phase-out Plan | |||||
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| Alberta | Nil | - | - | - | |||||
| British Columbia | " | - | - | - | |||||
| Manitoba | " | 0.2 | 10.0 | Eliminated after December 31, 2010 | |||||
| New Brunswick | " | - | - | - | |||||
| Newfoundland and Labrador | " | - | - | - | |||||
| Nova Scotia | " | 0.125 | - | 0.05% effective July 1, 2011; Eliminated after June 30, 2012 | |||||
| Ontario | " | - | - | - | |||||
| Quebec | " | 0.12 | 1.0 | Eliminated after December 31, 2010 | |||||
| Saskatchewan | " | - | - | - | |||||
| Northwest Territories | " | - | - | - | |||||
| Nunavut | - | - | - | - | |||||
| Yukon | " | - | - | - | |||||
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| Province/Territory | Alberta | British Columbia (BC1) | Manitoba | New Brunswick (NB1) | Newfoundland and Labrador | Nova Scotia | |
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| Title of Statute | Metallic and Industrial Minerals Royalty Regulation to the Mine and Minerals Act | Minerals Tax Act | The Mining Tax Act | Metallic Minerals Tax Act | The Mining and Mineral Rights Tax Act | Mineral Resources Act | |
| Mining Tax/Royalty Rate | The 1st tier | 1% of mine mouth revenue | 2% on operating income (BC2) | n.a. | 2% on net revenue | 15% | 2% of net revenue or NSR |
| The 2nd tier | 12% of net profits after full cost recovery (AB1) | 13% on cumulative net profit (BC3) | 17% (MB1) | 16% on net profit (NB2) | 20% | 15% of net income (NS1) | |
| Mining tax exemption for new mines ($) | No | No | Yes (MB2) | 2% royalty exempted in the 1st 2 yrs | Max $2M/yr credit for 10 yrs | No | |
| Exploration expenses deductibility rate | 100% | 100% | 100% | 150% | 100% | 100% 1st 3 yrs, 30% after | |
| Pre-production development expense deductibility rate | 100% | 100% | 20% (MB3) | 100% | Spread over the life of the mine | 100% 1st 3 yrs, 30% after | |
| Depreciation (Note 1) | Mining Assets | 15% straight-line | 100% | 20% (MB3) | 5% minimum for new or expanded mine assets, other assets 33.33%. | 25% (100% for new or expanded mine assets) | 100% for 1st 3 yrs, 30% after |
| Processing Assets | 25% | ||||||
| Processing allowance Rates | milling | n.a. | n.a. | 20% | 8% | 8% | 8% |
| Smelting | 20% | 15% | 15% | 10% | |||
| Refining | 20% | 15% | 8% | 8% | |||
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| Processing Allowance Caps | 0-65% (MB4) | 0-65% | 0-65% | 0-65% | |||
| Special Features | a 10% allowance is permitted in lieu of overheads. | Investment allowance replaces the deduction for interest expenses. A 33.33% super- deduction for capital and pre-production costs of new or reopened mine or major expansion. (BC4) | Tax holiday until payback is achieved, available for new mines established after January 1, 1993. | Finance allowance replaces the deduction for interest expense. New mine exempt from 2% royalty in first 2 years. The amount of 16% tax payable is reduced by 25% of eligible process research expenditures | In computing mining profit subject to 15% tax, a deduction is allowed equal to the greater of 20% of profits (bef. this allowance) and non-Crown royalties paid. Income taxes on mining (up to $2M per year) deductible from mining taxes for first 10 years of production | ||
| Can mine reclamation fund contributions be deducted? | Yes | Yes | Yes | Yes | Yes | N/A | |
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| Province/Territory | Ontario | Quebec (QC1) | Saskatchewan (SK1) | Northwest Territories | Nunavut | Yukon | |
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| Title of Statute | The Mining Tax Act | Mining Duties Act | The Mineral Taxation Act, 1983 | Northwest Territories and Nunavut Mining Regulations | Northwest Territories and Nunavut Mining Regulations | Yukon Quartz Mining Act | |
| Mining Tax/Royalty Rate | Tier 1 | N/A | N/A | N/A | N/A | N/A | N/A |
| Tier 2 | 10% (5% for remote area) | 14% (QC2) | 5% (cumulative sales up to 1M oz precious metals or 1M mt base metals); 10% above the thresholds. | Lesser of 13% and following formula: $10 000 to $5M: 5%; $5M to $10M: 6%; for every additional $5M annual profit, rate increases by 1% to a maximum of 14% | Lesser of 13% and following formula: $10 000 to $5M: 5%; $5M to $10M: 6%; for every additional $5M annual profit, rate increases by 1% to a maximum of 14% | $10K-$1M: 3%; $1-5M: 5%; $5-10M: 6%; Every additional $5M: rate increases by 1% to a maximum of 12%. | |
| Mining tax exemption for new mines ($) | no tax for profit under $0.5M/yr; no tax for the first $10M or first 3 yrs (10 yrs for remote area) whichever comes the first. | No | 10 yrs holiday | no | no | no | |
| Exploration expenses deductibility rate | 100% | 100%-125% (QC3) | 150% | 100% | 100% | 100% | |
| Pre-production development expense deductibility rate | 100% | 100% | 150% | 100% | 100% | 100% | |
| Depreciation (Note 1) | Mining Assets | 30% straight-line (100% for new mine) (ON1) | 30% (QC4) | 100% | 100% | 100% | 15% straight-line |
| Processing Assets | 15% straight-line (ON1) | ||||||
| Processing allowance Rates | milling | 8% | 7% | 8% | 8% | minister's decision | |
| Smelting | 12% | 13% | 8% | 8% | |||
| Refining | 16% | 13% | 8% | 8% | |||
| other | 20% northern Ontario refining | ||||||
| Processing Allowance Caps | 15%-65% | 0-55% | 0-65% | 0-65% | minister's decision | ||
| Special Features | No mining taxes are payable in first three years of production on profits below $10M. The period is extended to 10 years for mines in remote locations. 5% tax rate for mines in remote locations. | Effective April 1, 2010, a cash refund equal to the lesser of 16% of the non-capital loss and 8% of the aggregate of exploration and development costs is available. | 10 year tax holiday for new mines, starting in 2007. 150% of pre-production expenses are recovered prior to any royalties being payable. Separate royalties apply to potash, coal and uranium producers. | Acquisition cost of expansion claims deductible within limits. | Acquisition cost of expansion claims deductible within limits. | In computing mine profits, all taxes paid or payable upon mining, smelting or refining profits are deductible. | |
| Can mine reclamation fund contributions be deducted? | Yes | Yes | Yes | Yes | Yes | No | |
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Note 1:Declining balance method unless denoted by sl = straight-line, or N/A = not applicable.
Alberta
AB1 Before payout, the royalty is 1% of mine mouth revenue. After payout, the royalty is the greater of 1% of mine mouth revenue and 12% of net profits.
British Columbia
BC1 Instead of separate pool for depreciation, processing and exploration-related activities, British Columbia uses a cumulative expenditure account (CEA) in which all capital, development, and exploration-related costs are pooled
BC2 Operating income is defined as gross revenue less operating costs and annual contribution to mine reclamation.
BC3 The 1st tier royalty is creditable against the 2nd tier (13%) mining tax. The total royalty/mining tax is the sum of the two tiers.
BC4 A New Mine Allowance exists. You can deduct up to 1/3 of a mine's capital costs provided that:
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the mine:
- is located on a property from which minerals had not previously been produced, and began producing minerals in reasonable commercial quantities after December 31, 1994, and before January 1, 2016;
- was before January 1, 1995 a closed or abandoned mine within the meaning of the Mines Act, and began producing minerals in reasonable commercial quantities after December 31, 1994, and before January 1, 2016;
- had ceased operations and had laid off substantially all of its operating work force before January 1, 1995, and began producing minerals in reasonable commercial quantities after December 31, 1994, and before January 1, 2016; or
- was expanded after December 31, 1994, and before January 1, 2016, to the extent that the greatest designed capacity, measured in tonnes of input of ore from the mine, was not less than 25% greater than it was in the fiscal year immediately preceding the expansion;
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the costs were incurred:
- after December 31, 1994;
- before the coming into production or the completion of the expansion of the mine; and
- in the case of an expansion, in the course of and principally for the purposes of the expansion;
- in the case of a mine that ceased operations, the costs were not incurred to acquire assets that were previously used in the operation of the mine or to compensate a previous operator for development expenditures; and
- the costs were not incurred to acquire assets that were previously used for any purpose by a person with whom the operator was not dealing at arm's length.
Manitoba
MB1 The rate has been changed from a flat 18% to a sliding scale scheme, effective July 1, 2009.
10% when total operator’s profit is less than $50 million
15% when total operator’s profit is between $55 and $100 million
17% when total operator’s profit is over $105 million
MB2 Tax holiday until payback is achieved, available for new mines established after January 1, 1993.
MB3 Integrated with the mining tax holiday pool.
MB4 You can deduct the lower of processing allowances available and 65% of net income before processing allowance.
New Brunswick
NB1 In lieu of interest, you can deduct an interest/finance allowance, defined as 8% of undepreciated assets.
NB2 The 1st tier royalty is deductible against the 2nd tier mining tax. The total royalty/mining tax is the sum of the two tiers.
Nova Scotia
NS 1 total mining tax is the greater of the 1st tier and the 2nd tier payments.
Ontario
ON1 15% for processing assets and transportation assets; 100% for mining assets used in a start-up operation; 30% otherwise.
Quebec
QC1 Quebec in its Budget 2010 proposed a Substantial Change to the Mining Duties Act.
QC2 Mining duties rates are 12% before March 31, 2010; 14% after March 30, 2010; 15% in 2011; and 16% in 2012.
QC3 Off-site exploration activities after March 30, 2010 will no longer be eligible to receive the super-deduction of 150%.
QC4 Due to the 2010 tax reform, a fourth class will be created for such property acquired after March 30, 2010. The depreciation allowance rate for such new class will be 30%. In order to gradually limit the 100% depreciation of the third class property, the rules will specify that an operator may not claim a depreciation allowance regarding the fourth class property until the balance of the undepreciated capital cost of the third class property equals zero. This represents a considerable change.
Saskatchewan
Losses can be applied against and reduce future mining tax liabilities.