Regulation and Tax in Space

Series on International Taxation #78

By international consensus, space is considered as a commons for all humanity. Now, however, as space activities and technologies are chiefly focused on commercial interests in extraterrestrial mineral resources, the mechanisms for the allocation of space mining resources must be framed in a way that will balance the efficient use of resources with a fair and stable tax system. This book, which combines first-hand knowledge of both the aerospace issues involved and the tax field, is the first to discuss in depth the yet-to-be-resolved practicalities of taxation of resources mined in space.

Arguing that the space mining industry should be regulated in a way that will ensure an attractive investment climate for space entrepreneurs and the existence of a stable fiscal regime that will finance the costs of conservation and utilization of space resources, the author proposes an international royalty system to help achieve industry goals, such as efficiency, administrative convenience, and sustainability. The book explores the following aspects of the topic:

• assignment of ownership rights to space resources;
• the risk–tax revenue trade-off between space mining industries and governments;
• distributional pressures to offset competition for resource profits;
• uniform collection of royalties;
• intergenerational equity and a space property rights system;
• determining jurisdictional boundaries associated with commercial space mining projects;
• allocation of external costs such as pollution, environmental degradation, and the clean-up of debris; and
• liability risks of companies and the launching state.

As governments and private entities around the globe invest in space-appropriate technologies and exploration evolves toward permanent presence in space colonies, this comprehensive analysis of alternatives for choosing the optimal resource management regime in space and for shaping a unique tax regime for the emerging space industry provides concerned policymakers with guidelines that promise to secure a practical, affordable, and sustainable development of the space economy. Lawyers working for or representing companies engaged in or contemplating space activities, policymakers, and anyone interested in tax and the space economy will welcome this signal contribution to a growing field of human endeavor.

“This is an outstanding book and a must read for anyone interested in tax or the future of humanity in the cosmos. Dr. Galya Savir used to work in the Aerospace industry and, in her book, Dr. Savir combines unique and extraordinary expertise in both space technology and tax. Thus, this product is the only competent book in this area.”

Avi-Yonah, Reuven S, Irwin I. Cohn Professor of Law