A reserve for the Rehabilitation of Deposits up to a maximum amount of ten per cent (10%) of the taxable profit may be established during the operations phase by holders of a Mining Operation Title at the end of each financial year.
In a fiscal year ending in losses, the reserve will be calculated on the basis of zero point five per cent (0.5%) of the value of the marketable products developed by the company.
The reserve thus established is deductible from the taxable profit for the calculation of the tax on Industrial and Commercial Profits and Corporate Tax.
This reserve must be recorded separately in accounts allowing for the identification of the year during which the reserve was established. It should be used within two years of being established for the purchase of fixed assets to be used in the exploration, and extraction of Mineral Substances or for the on-site processing of Mineral Substances into semi-finished or finished products in the territory of Guinea.
The reserves thus used is not to be reintegrated into the taxable profit for the calculation of tax on Industrial or Commercial Profits and Corporate Tax, on condition that the fixed assets thus acquired are not resold within the three (3) years following their date of acquisition. However, the value of the fixed assets thus acquired will be reduced by the amount of the reserve used to finance the acquisition for the purpose of calculating the basis for their amortization.
The part of the reserve which has not been used within two years of its establishment must be reported in the figures of the third financial year following that within which it was established. In addition, the reserve which has been used to effect purchases other than the purchases of fixed assets set out in paragraph 4 of this Article must immediately be integrated into the taxable profit.