Islamabad
Catch Me If You Can
Pakistan, seen as a paradise for tax evaders, needs out-of-box restructuring measures for the tax collection system instead of putting old wine into new bottles in haste or some engineering within the FBR and the collection system.
The fiscal discipline of a country can, among other things, be gauged through its primary balance. International lenders have vehemently emphasized maintaining a positive balance, which can be achieved by improving tax collection, cutting unnecessary expenditures, maintaining fiscal discipline, and structural reforms. In his recent statement, the Prime Minister rightly emphasized that the country’s potential revenue was Rs. 24 trillion, whereas it only collected about Rs. 9 trillion. Indeed, the Prime Minister’s observation extends beyond the present situation, indicating a recurring issue in preceding years. On the other hand, the Ministry of Finance and FBR are naively emphasizing and banking on recovering Rs.2.7 trillion stuck up in courts. Efforts are also underway to bring non-tax return filers and untaxed sectors into the net along with structural reforms in FBR.
Studies conducted by respective organizations in the past have concluded that tax evasion is touching its peak, resulting in a soaring fiscal deficit and a lower tax-to-GDP ratio, currently about 9%. Other developing countries’ ratio ranges from 17% to 20%. The report of the task force on Reform of Tax Administration in its findings, as of April 14, 2001, titled “Reform of Tax Administration in Pakistan,” states that a relatively significant part of the revenue loss is due to corruption in the Tax Departments and the results suggest that out of an Rs.100 potential revenue, the government gets 38%. The taxpayers, collectors, and practitioners share the balance of 62%.
Late Dr. Mehboob-ul-Haq, the then finance minister, once stated that two black rupees backed each white rupee in the country. The applied economists believe that four black rupees now back each white rupee. In other words, the current officially declared GDP of the country at US$325 billion is, in fact, about US$ 1300 billion. Meanwhile, Pakistan is collecting federal taxes and duties at a declared GDP of US$ 325B instead of collecting it at the real GDP. In other words, the tax targets fixed in the budget for the year 2023-24, to the tune of about Rs. 9200 B, are just 38% of the total tax potential of Rs. 24000 B based on declared GDP. The remaining 62% (Rs.14800 B) will not be collected. However, the collection of the taxes and duties should have been at the actual and real GDP of US$ 1300 B and no less than 15% of it, which works out to US$ 195 B annually, taking care of all economic ailments of the country.
Tax evasion detection has become more technical, tedious, and complicated, mainly due to the connivance of taxpayers, tax collectors, and tax consultants. The experience of detecting evasion through Customs and Inland Revenue Intelligence Directorates has been futile as no officer posted in the intelligence agencies would go against their colleagues and instead cover their own connivance in evasion. This is also evident from the failure of the track and trace system developed by the FBR in 2019. Only tax specialists, economists, and insiders can develop systems that can identify, detect, and unearth tax evasion. The economic model for detecting tax evasion would, among other things, require input-output ratios and reverse costing to determine the actual profits and evaded amount of direct and indirect federal taxes and duties and by making them liable to pay the evaded federal taxes and duties.
During the last couple of years, many trade and industrial sectors have witnessed enormous and manifold price appreciation. Besides, the government has considerably reduced customs duty on imported inputs. Had adequate measures been taken to tax these sectors, substantial revenue could have been generated. However, all the appreciated value seems to have gone undetected and untaxed, causing a huge revenue loss of billions to the national exchequer. These sectors must be re-assessed as tax evasion is rampant and causing colossal revenue loss.
The government plans to charge more taxes from the salaried class, which will be easier as they will be collected at source. Tax collectors should focus more on the salaries and perks of private and corporate sector employees, as trade and industrial sectors with rampant evasion pay substantial salaries and perks out of the books.
The main areas in the tax collection system, among other things, plagued with mal tax collection and administration are on account of (i) under-invoicing, (ii) tariff setting without due estimation of revenue implications, (iii) evasion of sales and income tax by deliberately not taking into account the input/output ratios resulting in inadequate assessment resulting in huge revenue loss, (iv) poor performance of intelligence directorates of customs and inland revenue.
Major structural reforms of the tax collection and administration system are inevitable to raise the tax-to-GDP ratio as in surrogate countries and as per best global standards.
Pakistan’s poor tax collection and economic conditions require that the government take out-of-the-box restructuring measures for the tax collection system instead of putting old wine into new bottles in haste or some engineering within the FBR and the collection system. The two functions of the FBR, viz., policy and tax collection, need to be separated. The government should consider constituting a separate new Tax Policy Board through an act of Parliament and placing it under the Cabinet Division, bifurcating the policy and collection of taxes and decentralizing the FBR.
The board should be comprised of applied economists and cost and fiscal experts with no involvement of FBR officials whatsoever. The proposed board should, among other things, be assigned the functions of (i) determination of correct and realistic import values of the imported goods to curb evasion taxes and duties at import stage, (ii) determination of the basis and principles for sales and income tax liability, the board should be assigned to undertake analysis of two hundred revenue spinning sectors each in the trade and manufacturing sectors to determine tax evasion and recommend recovery and generation of revenue both on retrospective and prospective basis, (iii) the policy board should also be mandated to determine the revenue loss on account of unbalanced free trade agreements signed with various trading partners and revisit them, (iv) fixation of import tariff rates should be with the Ministry of Commerce as per the Rules of Business 1973 which reads as “6. Tariff (protection) policy and its implementation”, (v) the budget and fiscal targets should also be determined and revised by the Tax Policy Board based on research and analyses with the approval of the cabinet, making the achievement of targets mandatory for the FBR.
The government should also revise its reward policy for detecting evasion cases. Last but not least, the functions of directorates of customs and inland intelligence should also be separated and withdrawn from the FBR, and a centralized agency, independent of FBR personnel, should be constituted to detect evasion of federal taxes and duties in the country.
The above proposals will enable the government to collect federal taxes and duties instead of at a declared GDP of US$ 325 B, that too at about 9% of the GDP, instead will enable it to collect them at the real GDP of about US$ 1300 B and that too at a ratio of 18% to 20% of the real GDP in the coming years. Moreover, it will not have to impose new taxes or withdraw concessions to the disadvantage of the common man.
The writer is former Chairman National Tariff Commission Ex- Consultant NAB and the World Bank. He can be reached at abbasraza55@gmail.com
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