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j -91-<br />

i have taxed the portion of net profits received by the North<br />

5 American shareholders at the then prevailing tax rate of 45?, it<br />

: :1 would have had 54.25? of these profits yearly. Instead, now it<br />

;>! became entitled to only 36? of the company's profits which was<br />

|| even less than it would have obtained if applying the then maximum<br />

II corporate income tax rate. <strong>The</strong> Government's real motivation for<br />

II this sales transaction remains vague. <strong>The</strong> threatening financial<br />

II situation of those days, when the Government had to find a way out<br />

II of a financial crisis, may have influenced the ultimate decision<br />

|| to have short-term considerations of a financial nature, i.e. to<br />

1 Increase immediate cash-income, dominate over longer-term<br />

3 prospects of a larger share of the company's net profits.<br />

| <strong>The</strong> Tax Agreement also provided for_an allowance for amortisation<br />

I calculated in accordance with generally accepted accounting<br />

' principles. In no event was it to extend over a period in excess<br />

: of the unexpired period of the agreement with respect to the<br />

I unamortized amount of investment in coffee, cocoa, and rubber<br />

j plantings and preliminary operations thereof as of December 31,<br />

| 1961 while the writing off of losses on preliminary investments<br />

j made prior to the reorganization in 1950 became allowed too. This<br />

i was a very liberal attitude on the part of the Government and<br />

j extremely beneficial to the company. By 1949, when the Liberian<br />

j Development Corporation bought the Stettinius Associates-Liberia,<br />

j Inc., the Liberian Government had already granted the former a<br />

| favour of $ 1 million by allowing a yearly amortization on<br />

j "goodwill" of $25,000 during the 1949 - 1989 period (the so-called<br />

j "franchise agreement"), now again the company could benefit from<br />

! the Government's liberal policy. When the company started its<br />

! operations in 1950 it bought second hand machinery and equipment<br />

j which was left by the U.S. Army and the company continued to write<br />

; off on these assets in the 196O's and even in the 1970's. It would<br />

•'! be very difficult for the Liberian Government to evaluate the<br />

I company's claims with respect to losses prior to 1950 or the<br />

I unamortized amount of investment in coffee, cocoa, or rubber as<br />

j with the- granting of a tax-holiday and in the absence of an income<br />

! tax system prior to 1951 both the company's management and the<br />

I Government of Liberia believed that in view of these<br />

i circumstances the company would not have to submit financial<br />

statements etc., whereas the Government was not to ask for any.<br />

This is the main reason why so little information exists over this<br />

period. <strong>The</strong> same applies to other foreign firms with similar<br />

' tax-privileges,<br />

! Under the same Tax Agreement of 1962 the company was granted<br />

•i deferred amortization and loss carry forward privileges, partly<br />

in connection with the abandonment of the coffee cultivation in<br />

1956 and the poor prospects of-its remaining main crop, cocoa (see<br />

\ below). After the growing and production of cocoa was terminated<br />

j in 1966, <strong>The</strong> Liberia Company and the Government entered into a new<br />

! agreement, in December 1967, whereby the period during which the<br />

j latter was obligated to lease lands to the company was extended by<br />

i a period of 40 years, at the rental provided in the 1951 Revised<br />

i Statement•of Understanding (six cents per acre per year), provided<br />

is:; that by not later than December 31, 1987 <strong>The</strong> Liberia Company would<br />

I have under cultivation not less than 7,500 acres of agricultural

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