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Reconciliation of payments and revenues

48 companies verlangt eine Offenlegung aller wesentlichen Zahlungsströme des extraktiven Sektors eines Landes. Hierfür berichten die sectors ihre Zahlungen an Twelve . In Deutschland werden Zahlungsströme zu den folgenden Corporate tax ,offengelegt:

  • Braunkohle
  • Erdöl und Erdgas
  • Kali und Salze
  • Steine und Erden
from the Körperschaftsteuer, Feldes- und Förderabgaben , Gewerbesteuer, Pachtzahlungen und Zahlungen für die Verbesserung der Infrastruktur.
lignite, natural gas, crude oil, potash, salts (including industrial coal) and quarried natural resources were identified and invited to participate in D-EITI. trade tax, groups of companies, with a coverage of around 90% for the lignite, natural gas, oil and potash sectors participated in the initiative and reported in the following payment flows so far:

These payments were reported above lease payments. ).

of 100.000,00 € for the accounting year 2016. a threshold .

You can find the collected data of payment flows here: View data.

Payment reconciliation for corporation tax and minesite and extraction royalties

The reconciliation of the corporation taxes as well as mining and extraction royalties reported by the participating companies for the year 2016 with the corresponding revenues of the government agencies amounted to 302 Million Euro. The reconciliation resulted in differences of only three cents. 17 Unternehmen bzw. Unternehmensgruppen The reported payments by companies and public authorities for corporation tax and minesite and extraction royalties you can find

Coverage of sectors*

here.
The following overview shows the coverage of the respective sectors by the group of identified companies and the companies actually participating in the reporting process, with their respective reference values upon which the determination procedure was based. The reference value for the determination of the sectors lignite, crude oil, natural gas is the production of 2016. The reference value for the determination of the sectors potash, salts (including industrial coal) is the useable quantity of 2015.  

Corporation tax

*) Against the background of the small-scale nature of the sector, the determination of a degree of coverage of the quarried natural resources sector was dispensed with, cf. Chapter 9.b.ii. .

Total reported company payments

The following overview demonstrates the payments made 2016 by the participating companies to government agencies for the corporation tax, trade tax, lease payments, minesite and extraction royalties. Until 31.01.2018 further companies can report their payment flows to D-EITI. In spring 2018 these payment flows will be updated on the website.

Minesite and extraction royalties

Payment flow per company and cash flow:

1 No payments have been made due to the legal form of the company.

2 Payments are made by the parent company.

3 No payment information available due to the existence of a consolidated tax group.

4 Payments have been made, but in total less than €100.000,00.

Die gesammelten Daten zum Zahlungsabgleich 2017 finden Sie hier:

The reports on the cash flows of corporation tax and trade tax illustrate the high relevance of consolidated tax groups . in Germany. In these cases, if the main activity of the consolidated tax group does not involve the extraction of natural resources, the details of the taxes paid by the parent company can be omitted (cf. footnote 3 and table `Reported company data` above). On the other hand, if the consolidated tax group is mainly active in the extractive industry, a report (on a pro rata basis and/or complete) of the taxes paid by the parent company is required (cf. footnote 2 in table `Reported company data` above)..

Der Inhalt und die Zusammensetzung der gemeldeten Zahlungen zur Verbesserung der Infrastruktur wurden auf Wunsch derMSG  durch den Unabhängigen Verwalter  in Zusammenarbeit mit den meldenden Unternehmen weitergehend analysiert. Erfasst werden sowohl Zahlungen aufgrund gesetzlicher Vorschriften (Grunderwerbsteuern) als auch Zahlungen, die auf privatrechtlichen Verträgen zwischen Unternehmen und staatlichen Stellen (Städten, Gemeinden und Verbänden) beruhen. Letztere umfassen u.a. den Ausgleich von bergbaubedingtem Verwaltungsmehraufwand oder Leistungen im Zusammenhang mit Bau und Unterhaltung lokaler, öffentlicher Infrastruktur. Die veröffentlichten Zahlungsberichte nach §§ 341q ff. HGB für 2017 weisen darüber hinaus noch Zahlungen von Wasserentnahmeentgelten aus. Beide Zahlungsströme wurden auf Beschluss der MSG analog zum ersten D-EITI Bericht  keinem Zahlungsabgleich unterworfen.

RECONCILIATION OF PAYMENTS AND REVENUES

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Glossar

In Federal States in which legislation does not include an excavation law and the State-level Nature Conservation Law does not apply to the extraction of non-energetic, ground-based natural resources in the context of dry excavations, this type of natural resource extraction falls within the scope of the relevant state building regulations.

Legal limitations also exist: State building regulations apply to the excavation of solid rock (limestone, basalt, etc.), for example, in quarries with an area of up to 10 hectares (ha) in which no blasting is carried out. In the event that this area is exceeded, or if water bodies are formed after completion of the extraction operations, the German Federal Immission Control Act (BImSchG) and/or Water Resources Act (WHG) are applicable.
In Bavaria and North Rhine-Westphalia, the above-ground excavation of non-energetic, ground-based natural resources in the context of dry excavations is determined at state level by the existing excavation laws (AbgrG). For the excavation of solid rock (limestone, basalt, etc.) in quarries where blasting does not occur, the AbgrG applies to sites with an area of up to 10 ha. In the event that this area is exceeded, or if water bodies are formed after completion of the extraction operations, the German Federal Immission Control Act (BImSchG) and/or Water Resources Act (WHG) are applicable. In the other Federal States, this type of natural resources extraction is regulated by the respective state building regulations or by the state-level nature conservation laws.

In general, the AbgrG applies to those raw materials the excavation of which is not directly subject to mining law or the mining authorities. These raw materials include (in particular) gravel, sand, clay, loam, limestone, dolomite and other rocks, bog mud and clays. However, the jurisdiction between AbgrG and mining law can vary from case to case in the case of certain raw materials, such as quartz gravels. The requested authority must always verify its own jurisdiction in each case. The AbgrG also encompasses surface area usage and the subsequent rehabilitation of the area.
The German Federal Immission Control Act (BImSchG) is the most important and practice-relevant law in the field of environmental law. It constitutes the basis for the approval of industrial and commercial installations. In the natural resources extraction industry, quarrying companies must have approval to extract stones and earth. Every quarrying area of 10 hectares or more must undergo a full approval procedure, including public participation and UVP (environmental impact assessment). A more simplified approval procedure is used for quarrying areas of less than 10 hectares.

The sphere of responsibility for the legal immission control approval procedure is fully specified in the Immission Control Acts of the Federal States. The Federal States are tasked with the administrative enforcement of the approval procedure. Each individual state’s Environment Ministry – the highest local immission protection authority – usually bears the responsibility for this procedure. Subordinate authorities include regional councils, district authorities and lower-level administrative authorities. Administrative jurisdiction generally lies with the lower-level administrative authorities.
The GDP measures the value of goods and services produced domestically (creation of value) within a given period (quarter, year). The Federal Office of Statistics calculates the GDP as follows: production value minus intermediate consumption = the gross value added; plus taxes on products and minus subsidies = GDP
The gross value added is calculated by deducting intermediate consumption from the production values, so it only includes the value added created during the production process. The gross value added is valued at manufacturing prices, i.e. without the taxes due (product taxes), but including the product subsidies received.

During the transition from gross value added (at manufacturing prices) to GDP, the net taxes (product taxes less product subsidies) are added globally to arrive at an assessment of the GDP at market prices’. Source: Destatis
The planning approval procedure under mining law is used for the approval procedure of a general operating plan for projects which require an environmental impact assessment (§§ 52(2a), in conjunction with 57 a of the BBergG).
There are different definitions and methodological approaches at the international as well as at the national level as to what subsidies are and how they are calculated. According to the definition of the German government’s subsidy report, this report considers federal subsidies for private companies and economic sectors (ie grants as cash payments and tax breaks as special tax exemptions) which are relevant to the budget. Subsidies at the federal level can be viewed via the subsidy reports of the federal states (see Appendix 5 of the German government subsidy report).
In compliance with § 68(1), Water Resources Act (WHG), the excavation of landowners’ natural resources such as gravel, sand, marl, clay, loam, peat and stone in wet extraction operations requires a planning approval procedure. The reason for this is that groundwater is exposed in wet extraction, resulting in above-ground water. The planning approval procedure is implemented by lower-level water authorities.

The procedural steps of the planning approval procedure are governed by the general provisions of §§ 72 to 78 of the Administrative Procedures Act (VerwVfG). Within the meaning of § 68(3), nos. 1 and 2 of the WHG, the plan may only be established or approved if an impairment of the common good is not to be expected and other requirements of the WHG as well as other public-law provisions are fulfilled.