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-57-<br />

Government of Liberia agreed with this procedure in accordance<br />

with the 1926 Planting Agreement.<br />

It was agreed upon in this Lease Agreement of 1949, called the<br />

Assignment Agreement, that under the agreement with the Government<br />

of Liberia the Firestone Plantations Company would pay to its<br />

parent company and the effective Lessee a rental of $ 700,000 per<br />

annum though in the event the rubber and latex produced on the<br />

plantations in Liberia would exceed 70 million lbs. per year,the<br />

rental for each lease year would be calculated at the rate of one<br />

cent per pound for all rubber and latex produced (38),<br />

While the U.S. company was allowed to deduct i.a. the depreciation<br />

of its assets in Liberia from its gross income from business<br />

operations before arriving at its profit - which of course<br />

affected its tax liability in the U.S.A. - and as the Liberian<br />

subsidiary was exempted from all taxes in Liberia this arrangement<br />

will have been beneficial for the American corporation provided<br />

that the amount of yearly depreciation exceeded the annual rental<br />

paid by the Firestone Plantations Company. A clear insight in and<br />

understanding of this issue, however, is prevented by the lack of<br />

data though it seems justified to think that profit will have been<br />

the driving force behind this legal and financial and fiscal<br />

construction. <strong>The</strong> complex structure of depreciation calculated by<br />

the parent company overseas, the - production-based - rental<br />

payment by the operating subsidiary to its parent, the start in<br />

this period of a system of retained earnings by the subsidiary<br />

which permitted the self financing of the Liberian operations<br />

impeded the work of American and, as from 1951, Liberian income<br />

tax assessors.<br />

At first sight the introduction of a system of income tax in<br />

Liberia (in 1951) makes it even more difficult to understand<br />

Firestone's real motivations. Firestone, however, was aware of the<br />

Government's plans in this respect as there still was an American<br />

Financial Advisor, appointed under the 1926 Loan, whereas at that<br />

time the company's lawyer in the country was the Speaker of the<br />

House of Representatives, Richard A. Henries. Only two months<br />

after the approval of the Assignment Agreement by the President of<br />

Liberia and the Liberian Legislature, an agreement was reached by<br />

the Government of Liberia and the Firestone company stating that<br />

in the event the Government would levy an Income Tax of General<br />

Application the rubber company agreed to pay such Income Tax on<br />

the Net Income derived from its plantation operations in the<br />

Republic of Liberia at a rate of 12$ in the years 1950 and 1951,<br />

14$ in the years 1952 and 1953, 16? in the years 1954 and 1955,<br />

18$ in the years 1956 and 1957, and 20$ in the years 1958 and<br />

1959. It was further agreed that this Income Tax would replace the<br />

Y% Export Tax (only) if this would result in a higher amount paid<br />

to the Liberian Treasury. <strong>The</strong> rentals paid by the Firestone<br />

Plantations Company became tax deductable (39).<br />

In 1951 a corporate income tax system was introduced with tax<br />

rates of 25% on all taxable net incomes over $ 50,000, but under<br />

the terms of its contract with the Government of Liberia Firestone<br />

had been in no way obliged to accept a tax on its profits as it

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