Inefficiencies failing the Tax Apparatus in Pakistan

The following write-up was published in the Oct-Dec 2017 Quarterly Edition of “Policy Insights”, the largest accountancy body ACCA’s regional publication covering MENASA

Link: ACCA’s Policy Insights’ Published Link

Link: Main Page

Inefficiencies failing the Tax Apparatus in Pakistan

(by failing the genuine Taxpayers)

Federal Board of Revenue (FBR) is a semi-autonomous federal institution that is responsible for auditing, enforcing and collecting revenue for the government of Pakistan. It’s one of the most critical components of the revenue collection apparatus in Pakistan. As such it is supposed to be the pinnacle of professionalism, discipline and support to tax payers.

During the last budgetary season, Chairman FBR invited this writer, while representing ACCA (UK) and LTBA at a historic pre-budget seminar that was organized with the collaboration of ICAP, ICMAP, ACCA, LTBA, PTBA, LCCI and several other Tax Bars, to send him proposals about the issues in and reforms for FBR. Below is a brief overview from that perspective.

Currently there are approximately 1,210,000 active income tax return filers as per the FBR directory issued in August 2017, out of a population of roughly 218 million in Pakistan. This is a meager 0.55% of the total population. A huge proportion of these filers, file NIL returns is another topic. On the other hand every Pakistani is paying indirect taxes on whatever they consume. The evident lack of trust of the taxpayers on the system and the resulting regressive taxation policies are a big hindrance in the attainment of an optimal taxation system. We’ve often discussed the problems with the taxation policies in Pakistan and proposed practical solutions. Frankly speaking there is only so much FBR can do in this regard since the policies are often driven by the IMF, World Bank and/or the political interests in the country. However the areas where FBR can and should play a very effective role are not in the best of states either.

Considering the tiny tax base it was only natural for FBR to attempt to broaden it. However the way they went about it, has been unprofessional to say the least while messing up a good endeavor big time. Notices claiming no existing tax registration based on “economic activities”, usually citing vehicle purchases were sent out to masses. Sounds positive? Hang on, what if it’s shared with you that many of those receiving these notices were not only tax payers already registered but paying millions in Income Taxes annually? This exemplifies a total lack of coordination within the systems and functions of FBR, which is unfortunately becoming a norm of late. Missing out on the records already held by FBR simply reinforces the misconceptions amongst the tax payers that FBR is out to bother already registered tax payers instead of acting as a facilitator and initiating genuine drives to catch tax evaders.

What’s tragic is that while on one hand such steps are undertaken citing the need to broaden the tax base but on the other hand proposals with huge potential to broaden the tax base such as bringing agricultural income and other exempt sections within the tax net as well as converting the CNIC into National Tax Numbers (NTN) and Sales Tax Registration Numbers (STRN) for broadening the tax base have been falling on deaf ears for almost a decade now.

To underline the vast difference in the workings of FBR and similar bodies in developed countries, a personal experience is hereby shared with the readers to illustrate the significant gulf between the international standards and the ones practiced in our beloved country. While working in UK, I needed to change my tax code. For ease of understanding you can say it was like claiming a tax refund and I was not even a British national. It took me one phone call to UK’s HMRC (Her Majesty’s Revenue and Customs) during my office lunch hour to get it done by the end of the lunch. Yes, just in less than an hour. Now compare it to the experience of genuine tax-payers in Pakistan who are ridiculed and abused for even minor genuine tax affairs. Presumptive and advance taxes are collected but when it is time to issue refunds in line with the law, actual due refunds are held for months and even years despite completion of all legalities and verification. What is worst is that in most cases the FBR officials verbally accept the cases as genuine but claim that due to the pressure to meet revenue collection targets they are unable to follow the law and deliver the tax payer their due right.

The problem manifests from the nepotism and non-professional attitudes of some officers who treat tax-payers with utmost contempt instead of the dignity they deserve. Un-realistic targets setup by higher-ups then further aggravates the matters with coercive, non coordinated and even illegal measures used by certain sections within FBR. The widespread corruption within the department further worsens the matters.

It’d be reasonable to point out that although PRAL (Pakistan Revenue Automation (Pvt) Ltd) does mess up things at times, many of its’ positive endeavors were blocked for fears of eradicating corruption using different pretexts by certain sections of FBR. For example, PRAL once finalized a completely automated system of issuing refunds to tax payers with even an online payment instrument. Naturally there was a huge hue and cry. The project was dumped and the corrupt manual practices continue to date.

Now as if all this was not enough, even the laws governing the whole taxation system are made mockery of within FBR by several officers undermining the good work and efforts undertaken by their more professional colleagues. Just ask any genuine tax payer or tax practitioner about the treatment meted out to them by most FBR officials and you’d be shocked. Due to limited space, this topic will have to be continued in future write-ups.

As for now, perhaps the policy makers and senior FBR officials should consider this dire situation seriously to rectify all the serious problems within FBR. If they fail to do so, the next time they complain about low proportion of tax payers in Pakistan as compared to UK or other developed countries, they should realize that they only have themselves to blame. 

About author:

The author is Director of the think-tank “Millat Thinkers’ Forum”. He is a leading tax expert, experienced fellow Chartered Certified Accountant CFA Charterholder, and anti-money laundering specialist with international exposure who can be reached on Twitter and www.myMFB.com @OmerZaheerMeer or omerzaheermeer@hotmail.co.uk

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Budget 2016: Reforms vs Jugglery

The following is the original draft of the research article published in the renowned “Blue Chip” journal as an Op-Ed  in its July – September 2016 Edition.

Link to e-edition of Blue Chip:  http://www.bluechipmag.com/index.php/governance-234/251-reforms-vs-jugglery

Budget 2016: Reforms vs Jugglery

RI 2810 2

By: Omer Zaheer Meer

The budget for financial year 2016-17 was unveiled amidst the usual accolades from the treasury benches and criticism from the opposition. As is the norm in political debates, mostly the balance was lost to prejudices and rationale took a back seat. There were a few exceptions though.

In line with the rational expectations, this research write-up will analyze whether the shortcomings that needed to be addressed in the budget including structural reforms in the taxation system, pursuing a progressive regime, introduction of economic reforms and improvements in controversial laws hampering the economy were actually addressed. In addition to examining if that was the case, recommendations to resolve the problems will also be briefly discussed.

The Numbers:

Mr. Ishaq Dar, the finance minister, proudly announced many positive indicators from the economic survey as below:

GDP growth                                                4.71 % vs a target of 5.1%

Tax-to-GDP ratio                                     8.4%

Population under the poverty line   29.50%

Inflation                                                      2.82%

Tax to GDP ratio                                       10.50%

Fiscal deficit                                               4.30%

Budget deficit                                              3.40%

Proportion of GDP spent on Health     0.42%

Literacy Rate                                              60.00%

Per capita income                                       $ 1,561

Foreign exchange reserves (billion)     $  21.6

Public debt Rs. 19,168 billion (Rs. 5,769 billion foreign and Rs. 13,399 billion domestic)

Luck, not wisdom?

All these indicators showed improvements compared to the previous fiscal year. However, the improvements have been largely due to the significant reduction in global petroleum products’ prices and the resulting savings.

It is unfortunate that the structural reforms and/or economic policies did not come into play when they’re needed the most. The rich dividends from the massive lucky break of a crash in global petro products did not translate into effective reforms delivering relief to the masses.

Once bitten, twice shy:

Once bitten, twice shy is a reality of life. The opposition, citing the previous example of Mr. Dar’s ministry when forging the numbers resulted in Pakistan having to pay penalty to international institutions, questioned the authenticity of these numbers. For example the inflation figure raised serious eyebrows and it was queried that what were the constituents and the changes in them from last year, used to calculate this figure. Leaving this debate for now, let’s examine some key figures, policies and analyze the impact on Pakistanis.

Foreign Trust’s Status Issue – Shadow of Panama:

A controversial amendment has been proposed in the Income Tax Ordinance, 2001 by way of an explanation to include foreign trusts within the ambit of trusts.

This amendment has serious implications regarding offshore trusts involving Pakistani citizens. Currently, in case of local trusts, the beneficiary is only required to disclose the interest in the wealth statement on receipt of benefit from the trust which is then considered as a dividend and taxed accordingly on receipt basis.

It is surprising that a Government pursuing positive policy re differentiation between filers and non-filers with stated aim of documenting the economy would chose to encourage non-documentation. Some detractors and particularly the opposition benches connect this to the ongoing Panama Scandal.

Proposed Solution:

In line with the state policy of economic documentation, an amendment should be made to require disclosure of interests in all trusts including foreign and local in the wealth statement at the time of filing the return.

This should give rise to greater transparency.

Let us examine some sector specific matters before proceeding into the analyses of other general areas:

Textile and five export oriented sectors:

Let’s move forward with a positive measure. The export of manufactured goods largely drives from five main sectors – textile, leather, sports goods, surgical goods and carpets. These five sectors are proposed to be a part of the zero-rated regime with the objective of “no tax, no refund”. Local sale of the finished products shall however be charged to Sales Tax at 5%. This is a partially good move of the Government.

As exports are generally zero-rated, the proposed regime, earlier introduced in 2004, effectively provides zero rating for inputs used in manufacturing of export sector goods.

Previously, same regime was withdrawn on account of abuse of the zero-rating regime in respect of good having multiple uses. However this time no refund policy means that the manufacturers would suffer with the input tax becoming their cost of business resulting in higher costs to be either borne by them or passed onto the customers while competing in a highly cost-competitive global market.

Most manufacturers do not have an integrated unit covering all processes from start to finish in Pakistan and stuff like packing materials, e.t.c. has to be purchased.

Proposed Solution:

Appropriate checks should be put in place to ensure the system will not be abused while allowing input tax adjustment as the local sale has already been brought within the ambit of taxation.

Measures for Agricultural Sector:

Agricultural sector is vital for Pakistan’s economy as it constitutes 21% of the GDP while employing 42.3% of the workforce.

The Government has introduced some positive relief measures for the Agricultural sector which had taken a severe hit particularly the cotton sector which declined by a drastic 28% in the last fiscal year.

While the reduction in the prices of fertilizers and electricity for agricultural tube wells along-with Rs. 10 billion subsidy are good steps they do not address the root-causes of the severe decline in the agricultural sector.

There have been no reforms or steps announced to address the major issues of:

  • Import of low quality and cheap agricultural produce from India
  • Issues of availability of quality seeds and the problematic imported seeds causing infertility in various belts
  • Lack of proper crop management system resulting in a crises both in the case of bumper crops and shortfall
  • Middle-men and mills taking advantage of the farmers who often are left with little more than the costs of production, discouraging them from cultivating certain crops
  • Lack of a proper flood management system where every other year make-shift arrangements are undertaken after heavy losses by flooding (once again no properly funded schemes announced to address this issue)
  • Lack of proper water storage facilities like “Kala Bagh Dam” and smaller “shorter-term completion” dams to address the growing issue of acute water shortages particularly for the tail lands. While funds have been announced for some dams like Diamer Bhasha, they’re long-term in nature and simply not sufficient.

Proposed Solution:

Structural reforms should be undertaken to address the core issues identified above in order to support the agricultural sector.

Also some key reforms in the taxation policy are required for this sector. The proposed reform should be undertaken along-with the policies volume over margin and increased impetus on direct taxation The agriculture sector should be taxed at a reasonable rate for large landlords with holdings over 12.5 acres, say 5%-7% and the revenue raised should be used to subsidize the water and electricity for the agriculture sector. This would enhance the yield, subsidize the worst hit small farmers and therefore help grow the GDP.

The detractors’ argument that there isn’t any income for feudal having large landholdings doesn’t stand. For if there is no income, they won’t have to pay any tax and if there is, as evident from their lavish lifestyles and tens of millions in bank accounts, then the due contribution to the sector and country in form of a low tax rate needs to be collected. Moreover, the other two reforms mentioned above will ensure that net impact on the sector will be lower as more direct taxes will help reduce the inflation and cost of production, creating opportunities for increased output and thereby GDP growth.

Services Sector:

Another vital sector for the economy is the services sector which has been one of the growth areas generating employment opportunities in the country.

While the good news is that the services sector exceeded the growth target, there were still core issues left unattended. Also, providers of IT services and IT enabled services, as defined in Clause (133) of Part I of Second Schedule, are also proposed to avail rationalized Minimum Tax Regime, subject to fulfillment of prescribed conditions. However, again this should be extended to all service providers.

One good step announced was that the FED on certain services which are now subject to provincial sales tax has been proposed to be withdrawn. This was merited post 18th amendment with the provinces in charge of sales tax on services.

However the core issue of leaving the minimum tax on services un-adjustable (Section 153(1)(b) ) of the Income Tax Ordinance 2001) has been left unresolved. This minimum tax is levied regardless of whether the service provider is profitable or loss-making. In case of the later, this tax will be paid from the capital reserves, effectively becoming a loss penalty on those investing in the services sector. This is an unfair burden while already having in place a turnover tax under Section 113 of the Income Tax Ordinance 2001 has created cost-competitiveness issues for the sector.

What this does is to increase the cost of business for the service sector, discouraging new entrants and SMEs by increasing the cost of capital and thereby assisting the existing players in creating a cartel.

As if that was not enough, a proposal has been made to withdraw them adjustment of input tax paid to provincial revenue authorities, effectively converting that into a cost for the business and creating liquidity issues.

Proposed Solution:

In the presence of Section 113 already dealing with minimum tax on turnover, the minimum tax should not be applicable on companies providing services. These should be subject to the normal tax regime (by reinstating the deleted clause 79, Part IV of Second Schedule).

As a minimum, this minimum tax should be made adjustable against future tax liabilities. This would have a net positive impact on the treasury in terms of increased revenues over the long term as the business eco-system will improve resulting in healthier growth in the sector translating into increased GDP and more tax monies into the coffers of the treasury.

As mentioned before, services sector has been one of the largest growing employer and contributing to national economy as well as the treasury. This should help expand the sector leading to improved revenue collections in the long term.

Health & Education:

Societies and modern economies are built upon social structures particularly education and health services. Unfortunately both have been severely neglected. Even the developed economies of the world with adequate infrastructure continue to spend a lion’s share on these areas but not so in Pakistan.

Only 0.42% of the GDP has been spent on health in the last fiscal year. Similarly, less than 1.75% has been falling under the head of education.

This is despite a severe crisis in both these sectors within the country. The biggest testament to the dismal condition of both these core areas of the society is the fact that anyone who can afford does not rely on the public health and education systems including the ruling elite itself.

Even as per the glossy figures of the National Economic Survey 2015-16, these areas are facing the following major issues:

  • 1,038 people to be attended by 1 doctor
  • 1 bed for the treatment of 1,613 people
  • 178 women out of every 100,000 die during child-birth due to inadequate medical facilities
  • High infant mortality rate
  • The claimed 60% literacy rate practically only refers to someone being able to “write” their names

Proposed Solution:

Atleast 5% and 6% of GDP should be allocated to education and health with ensuring the funds are not re-allocated to other heads during the year and actually spent on the development of these core areas currently in an abysmal state.

Having analyzed some key sectors, let us now move onto the important policy and other general areas:

Direct vs Indirect Taxes:

Currently, there are several types of indirect taxes levied within Pakistan including:

  • Customs Duty,
  • Sales Tax,
  • Federal Excise Duty,
  • Petroleum Levy,
  • Gas Infrastructure Cess,
  • Natural Gas Surcharge, e.t.c.

The proportion of indirect taxes to total taxation revenue remained largely the same as below:

Total Taxation Revenue
2015-16 2014-15
Rs in Billions Rs in Billions
Direct Taxes
           Income Tax 1539.00 1308.00
           Workers’ Welfare Fund 17.00 14.00
1556.00 1322.00
Indirect Taxes
           Sales Tax 1437.00 1230.00
           Customs Duty 413.00 349.00
           Federal Excise Duty 213.00 201.00
           Petroleum Levy 150.00 135.00
           Natural Gas Surcharge 35.00 32.00
           Gas Infrastructure Cess 145.00 145.00
           Others 7.00 6.00
2400.00 2098.00
Total Tax Revenue (TTR) 3956.00 3420.00
% of Direct Tax to TTR 39.33 38.65
% of Indirect Tax to TTR 60.67 61.35

As evident from the above table, there is a heavy reliance on indirect taxes which are supposed to be used as a tool to expand tax base and not to be used as a cash-cow to generate lion’s share of the taxation revenues.

All this focus on indirect taxation leads to inflationary pressures in the economy as increased prices translates into increased cost of production, services and living. The resulting impacts are hyper-inflationary in nature as there is a multiplicative rather than an additive element in the inflation passed-on at every level. This results in higher costs of doing business, which leads to declining exports and GDP due to the lack of cost competitiveness and missed opportunities.

Taxing the poor, funding the rich:

Moreover, while direct taxes are levied at higher rates to the income of those earning more, indirect taxes, on the other hand actually heavily tax those earning less.

To elaborate, let’s consider a feudal lord earning tens of millions in tax exempt income who pays the same amount and a very low proportion of tax compared to his total income on daily use items such as a bottle of milk as compared to his driver who pays the same amount of sales tax and thereby a higher proportion of his income as tax to the treasury. This is effectively a system where the poorer segments of society pay a higher proportion of taxes to fund the richer segments and the state.

Proposed Solution:

This increased reliance on indirect taxation is large due to the inability of the Government to widen the tax net instead of pursuing the policy of increasing the burden of indirect taxes on those already been heavily taxed.

What is astounding is why the Government is reluctant to use the databases of various Government institutions as well as the withholding tax database showing those people who have paid higher withholding tax rates of non-filers to expand the tax base.

Consider the magnitude of such a move and we haven’t even talked about the 3 million plus people living lavish lifestyle and not paying any income tax as per multiple FBR Chairmen. The solution is simple, a serious drive to expand the tax base using various databases and not ill-conceived amnesty schemes.

High Rates of Taxes:

Pakistan’s tax-to-GDP ratio is one of the lowest in the region. Despite increase in taxation revenues, it was a mere 8.4%, in comparison to:

  • India 14%
  • Sri-Lanka 13%
  • Indonesia 15% and
  • Malaysia 14%

One of the key reasons for this is the existing high taxation rate policy in Pakistan with tax rates being one of the highest in the region. This results in increased burden on those within the tax net and a lack of incentive to widen the tax base effectively.

To elaborate this point, consider existing rate of Sales Tax at an average of 17% in Pakistan, one of the highest in the region as compared to:

  • 36% in India
  • 10% in Indonesia and
  • 6% in Malaysia

Proposed Solution:

A policy of volume over margin should be pursued. As per some studies, the cost of tax evasion in Pakistan ranges between 6-8%. The number of income tax return filers (just filing returns and not those paying some tax) is just over a million.

If the tax rates are brought down to single digit and ideally within the range of tax evasion costs, along-with the structural reforms proposed in this research article, the filers’ base can be increased to 15-20 million. The net impact would be surplus revenue with a highly documented economy.

The increase in the tax base would more than compensate for the loss from lower rates. Currently Pakistan has one of the lowest tax bases and tax-to-GDP ratios in the region. If implemented this proposal can turn this around and increase them both substantially.

In order to address the reservations of some sections of bureaucracy in this regard, this can be launched as a pilot project in industry/city with a thin revenue contribution.

Mr. Ishaq Dar’s blast from the past:

It may be worth mentioning here that during a recent pre-budget event at the Lahore Chamber of Commerce and Industry (LCCI), I was informed that this proposal of “volume over margin” was proposed by Mr. Dar during his tenure as President of the LCCI.

It may be pertinent to remind our honorable finance minister to recall and implement the reform, he himself used to support and which the majority of professionals and technocrats in the country believe to be a key element in readdressing the issues facing our economy.

Taxation policy lacking purpose:

The purpose of an effective taxation policy is not just to gather maximum revenue in the short-term but to create policies to drive a positive business eco-system where cost of doing business is reduced increasing competitiveness and creating employment opportunities resulting in expanding GDP and thereby greater taxation revenues for the treasury. Unfortunately a mirror image policy seems to be in place in Pakistan.

Proposed Solution:

A progressive tax regime where wealthy segments of the society are taxed more should be pursued with increased focus on direct taxes and volume over margin.

  • Withdrawing exemptions

Moreover large landowners and the various exempt sectors must be brought within the tax-net and the revenues raised should be utilized to subsidize the weaker segments of society and to support reforms.

  • Structural Reforms within FBR

Also some structural reforms as outlined below in the taxation system can go a long way to assist the authorities in meeting their revenue targets:

  • Resolving issues within IRIS to make it more user friendly
  • Integration of Federal and Provincial Revenue Authorities’ systems
  • Reducing the discretionary powers vested in FBR officials and shifting towards an objective criteria based approach
  • Developing the existing policy of differential tax treatments and incentives for filers while penalizing non-filers
  • Introducing impact on economic sectors (GDP development) along with collections target as a performance evaluation criteria for FBR functionaries
  • Ensuring time limits specified in laws are adhered to
  • Facilitating the tax payers
  • Resolving the outstanding refunds issue positively
  • Introducing confidence by establishing a swift response complaint resolution cell to deal with corruption and harassment of tax payers
  • Ensuring no post remains vacant for more than a week to avoid delays in resolving tax-payers issues arising out of transfers, postings and additional charges, e.t.c.
  • Tax Reforms

In addition, to restore the faith of the taxpayers a multi-dimensional tax reforms agenda which has been constantly recommended by this writer must be implemented, where:

  • Taxpayers are encouraged and incentivized for paying taxes.
  • Taxpayers are facilitated by making the process easier and fairer, focusing on maximum automation in order to stem out corruption.
  • Instead of increasing the tax rates the tax net is constantly widened.
  • More focus is given to direct taxation.
  • Meaningful tax rebates and reliefs are introduced for the less able sections of the society.
  • A system of proportionate taxation is adopted with more affluent contributing more to the treasury.
  • Certain exempt sectors are brought into the tax-net (subsidies can be given for assisting any under-pressure areas/products).
  • Tax rebates and incentives are introduced to encourage foreign/local investments in key sectors with tax-breaks for transfer of technology, e.t.c. as may be required in a particular sector.
  • Tax money is actually spent on public welfare and infrastructure projects, which will improve the spending capacity and the business environment in Pakistan.
  • The massive corruption in public contracts/projects, now routinely in the range of 40-50% of tender values, is eradicated for better and efficient use of public money through revamping the pay and accountability structures.

 

Minimum Tax on Turnover of Loss Making Businesses:

Presently, a minimum tax on turnover has to be paid under Section 113 of the Income Tax Ordinance, 2001 except for by companies having gross loss (turnover less allowable expenses before depreciation and other inadmissible expenses).

It has now been proposed to extend this to even those entities incurring gross loss. Needless to say this will discourage startups and SMEs as the cost of doing business would rise. Surprisingly, the net impact on the business eco-system and the national economy are being ignored here.

Solution:

The proposed amendment should be withdrawn and the rate of turnover tax should be reduced to facilitate the businesses. Instead the focus should be on other reforms discussed to increase the tax base and document the economy.

Legalized Money Laundering Scheme:

Section 111(4) of the Income Tax Ordinance 2001 has long been a bone of contention between the proponents and detractors. The controversial law sanctions no tax or questions to be asked about origins on foreign remittances making this route a heaven for money laundering and legitimizing black money.

To elaborate, a corporate business paying 32% (proposed 31%) tax can instead go under the radar and use illegal money transfer services to transfer and bring back the illegal proceeds under the above mentioned sections at a cost of 2-4%. This creates a huge incentive to doge the system, legally.

Traditionally the professionals have been arguing to abolish this section while the Government arguing its’ necessary to facilitate foreign remittances.

While legitimate foreign remittances are a great support for developing economies like Pakistan’s, the use of the above mentioned law for legalizing the black money actually costs more to the economy in terms of the lost revenue and the impact of black businesses on related industries.

Proposed Solution:

We therefore propose a different middle ground. An addition should be made to this section requiring disclosure of the source of income with evidence such as payslip, tax return, e.t.c.

This should not cause any concern to any legitimate business or employee; however Ayan Alis won’t find it easy to manipulate this lacuna anymore. To facilitate investment in the short-term, an exemption from source disclosure can be given for investment in some sectors. However such a provision should be a one-off and short-term in nature.

 

Pay Increments and Government Borrowing:

Furthermore the pay-rises are not proportionate to the increase in the actual costs of living. Only a 10% increase has been proposed in the federal budget compared to the massive increases the lawmakers awarded themselves shortly before.

Such imbalance between cost of living and earning forces people towards unfair means or on relying on expensive credit in order to make their ends meet. Similarly, the extensive borrowing by the Government in the local market results in lesser finance being available for businesses.

Together, these may result in a hyper-inflationary environment and decreased purchasing power that can lead to higher interest rates which negatively impacts the businesses as many otherwise viable projects become non-feasible. The declining business output results in lower employment opportunities which coupled with the limited money-supply puts recessionary pressures on the market. This ultimately results in the devaluation of the currency which in turn translates into increased foreign debt. As a result, financing costs of the foreign debts increases leading to a higher proportion of GDP being spent on debt financing. All this combined with the inflation drags the already weak economy further back in Pakistan’s case.

 

 

Harmonization Issues:

The conflicts between various provincial revenue authorities and between them and the federation resulting in double taxation of services owing to classification and jurisdiction disputes should be resolved to create a business-friendly environment and facilitate the tax-payers.

At present there are serious conflicts between the various taxation bodies in Pakistan including FBR (Federal Board of Revenue), SRB (Sindh Revenue Board), PRA (Punjab Revenue Authority) and KPRA (Khyber Pakhtunkhwa Revenue Authority) which need to be clarified in order to facilitate a friendly business eco-system in Pakistan which in turn should translate into bigger size of the cake resulting in bigger pie of revenue for the treasury.

Conclusion:

As this writer has stressed repeatedly over the years, Pakistan has been blessed with all kinds of terrains and weathers, fertile lands, valuable natural resources, a high proportion of population been young and hardworking with cheap labor availability. A fairer system of taxation coupled with some key structural reforms culminating into a fairer economic policy can provide the necessary environment to harness the economic potential of Pakistan.

The proposals outlined above can largely resolve the current issues facing the treasury. The caveats are proper implemented with a focus to rely on and develop indigenous capabilities,

Pakistan has both the potential and the ability to stand on its own feet and become an economic hub not only for the region but the whole world with the above reforms put in place along-with the ongoing CPEC mega plan.

Let us hope that our representatives will give this all a serious thought while passing the amendments to the federal budget.

The author is Director of the think-tank “Millat Thinkers’ Forum” and Managing Partner at Millennium Law & Corporate Company. He is a leading economist, CFA Charterholder, experienced fellow Chartered Certified Accountant and anti-money laundering expert with international exposure and can be reached at ozmeer@mlcc.pk

Resolving the Banking Transactions’ Tax Crisis

The following article has been published in Daily Nation, dated 3rd August 2015

(E-Paper (Print Edition)http://nation.com.pk/E-Paper/lahore/2015-08-03/page-9)

(Onlinehttp://nation.com.pk/business/03-Aug-2015/resolving-banking-transactions-tax-crisis)

Resolving the Banking Transactions’ Tax Crisis

Prof Dp

By: Omer Zaheer Meer

As discussed on these pages before the controversial decision of levying a withholding tax on all banking transactions for non-filers (0.3% till September and increasing to 0.6% thereafter) with the underlying aim of broadening the tax base has not been able to gain acceptance in the presence of serious flaws within the taxation system along-with prevalent corrupt practices. Even if one ignores the increase in the inflationary pressures in the economy and the penalization of ordinary salaried class, the reservations of traders alone are sufficient to make this highly controversial. The disagreement on this matter has now reached a dead-lock between traders and the incumbent Government. So exactly what are their reservations and how can they be possibly addressed? Is there any possible solution for the same?

First of all the withholding tax introduced is more of a transactional tax then an income tax. But more importantly the issue at hand is one of a lack of trust in the system. Not only do the traders fear to be targeted unfairly once they bring themselves in the system to avoid the transactional tax, they haven’t seen the remedial procedures effectively providing relief in an event of witch-hunting by FBR either. Many economists are of the view that introducing new taxes to compensate for FBR’s failures is simply not the answer to Pakistan’s economic and tax woes. The reasons for FBR’s failures are numerous ranging from dissatisfaction amongst FBR’s employees to structural inefficiencies in the taxation system. They’re however not the topic for today and will be discussed at another time.

For now the issue of the trust deficit particularly in the business community is discussed. Besides very high rates of both direct and indirect taxes, the harassment by FBR and blockade of due refunds are often used as tactics by FBR officials to meet their targets. This actually puts off many genuine businessmen who would otherwise like to contribute their dues to the society. Therefore they claim to resort to the alternate in doing charity and stressing that they evade getting within the ambit of the formal documentation to avoid the horrible experiences many of their fellow traders have endured in their dealings with the FBR. None of these issues are of a nature which cannot be positively addressed. Infact this writer has repeatedly proposed several structural reforms including the ones addressing these very issues.

For example the policy of volume over rates can be pursued. It’d entail reducing all the taxation rates to single digits making it economically prohibitive to evade due to the higher costs of engaging professionals as well as fulfilling the demands of the corrupt officials within the tax apparatus. The focus will be to broaden the tax base using indirect taxes for this purpose while direct taxes can be applied on a progressive basis, increasing with the income brackets. If tunnel vision can be shunned then the positive potential of this can be envisioned. Currently less than 0.5% of the population files a return. The number has declined over past four years despite all the “efforts” for broadening the tax base. If this number can be increased to several millions with a consequential increase in the tax base and tax payers, one can envision the positive impact on tax collections.

It’ll be interesting for the readers to know that the honorable finance minister Mr. Ishaq Dar himself used to be a proponent of this proposal during his days of serving the Lahore Chamber of Commerce and Industry. Surprisingly, now that he’s in a position to actually enforce this much needed reform, he’s shying away from it. Moreover the effective implementation of the relief mechanisms and laws can help assure the tax payer. The time limits for deciding the disagreements should also be enforced. For a change, the tax officials can be trained to respect the tax payer instead of treating them as an assumed criminal. Such measures can go a long way to win over the trust of the taxpayers in the system.

Even in the past negotiations between traders and Government officials, the issue of the undue nuances caused by FBR to genuine businessmen resulting in most businesses staying out of the system to avoid these troubles has been raised. Similarly promises were made with traders to review the exorbitantly high rates of withholding taxes deducted in advance. Some of these taxes are treated as non-adjustable even in case of a loss. Even those that are considered adjustable are extremely hard to recover as the FBR seems to have an unwritten rule regarding refusing even the genuine refunds to loss-making businesses when they need their cash the most. However the same FBR seems content to issue refunds to or defer recovery of tens of millions from influential parties. Such behavior doesn’t instill the trust in the business community.

The latest on this issue is the breakdown of the negotiations between Government and traders resulting in strikes been called and social media campaigns been setup. The reduced rate of 0.3% till September has also been turned down by the business community for the reasons discussed above. A successful strike was already observed with the traders threatening to go all out towards a civil disobedience. Government on the other hand has ordered investigations into the affairs of top leadership of traders.

Possible ramifications of this standoff can be damaging for the national economy and the issue needs to be resolved amicably. One possible solution can involve doing away with this transactional tax and reducing the withholding and sales tax rates immediately pending a review of other structural reforms in return for voluntary registration of a minimum number of businessmen. There are many other possible proposals to this effect too. The ball is now in Governments’ court to decide whether it is serious about introducing reforms to win over the tax payer and broaden the tax base or if it simply believes in coercive measures which may seem beneficial in meeting short-term targets but will surely cause damage in the longer-term.

The author is Director of the think-tank “Millat Thinkers’ Forum”. He is a leading economist, CFA Charterholder, experienced fellow Chartered Certified Accountant and anti-money laundering expert with international exposure who can be reached on Twitter and www.myMFB.com @OmerZaheerMeer or omerzaheermeer@hotmail.co.uk

Finance Act 2015-16: Dissecting major reforms – I

The following article has been published in Daily Nation, dated 13th July 2015

(E-Paper (Print Edition)http://nation.com.pk/E-Paper/lahore/2015-07-13/page-9)

(Onlinehttp://nation.com.pk/business/13-Jul-2015/finance-act-2015-16-dissecting-major-reforms)

Finance Act 2015-16: Dissecting major reforms – I

By: Omer Zaheer Meer

The finance bill for financial year 2015-16 was passed by the National Assembly with some amendments and released as the Finance Act 2015-16. The opposition’s walkout on 23rd June 2015 allowed the finance ministry officials an easy outing with the Treasury benches rendering their support for granting the approval to the finance bill. There have been positive developments in some areas while much is left to be desired in others. The honorable finance minister explained his constraints in his budget speech when the original finance bill was floated, pointing out to the strong lobbies with vested interests and that the incumbent Government is undertaking reforms in a phased manner. We’ll discuss some major reforms, their impact on businesses and economy as well as the reaction of the impacted segments towards them in this write-up.

This is first of a two part write-ups on the above titled subject aimed to enlighten our readers on some of the least understood aspects of the finance act.

First up is the reduction in tax rate for companies which has been reduced for the tax years 2016, 2017 and 2018 to be 32, 31 and 30 percent of taxable income respectively. This is the fulfillment of the commitment by the incumbent Government to reduce the tax rate for corporate sector to 30 percent by 2018. The move is seen positively and welcomed by the corporate sector. Lowering the tax incidence on corporate sector is viewed as an incentive for this segment.

Interest Free Loans for Solar Tube Wells upto Rs.1 Million for setting up new solar tube wells or replacing the existing tube wells with solar tube wells shall also be provided to small farm owners having landholdings of less than the 12.5 acres economic threshold. This is a positive step aimed to address both the energy crisis impacting the agricultural sector as well as providing some relief to the small farmer as most of the other measures for the agricultural sector seems to be aimed at benefitting large landowners and investors.

Next up is perhaps the most controversial and discussed about yet least understood reform of the imposition of advance tax on banking transactions by non-filers. A lot of hue and cry including strikes by traders has resulted in the original levy of 0.6 percent withholding tax halved to 0.3 percent till end of September 2015 by way of an ordinance promulgated by the President of Pakistan. The original reform required all banking companies to collect advance tax at the rate of 0.6 percent on all transactions from an account either by way of sale of any instrument including demand draft, pay order, etc. and/or transfer of any sum through cheque and other similar manners or clearing interbank transfer through cheques etc which meant that all debits (amounts taken out) of an account shall be liable to this tax.

There are a few important qualifications to this advance tax though. Firstly this is only applicable to non-filers. Secondly the provision will apply only where the sum total of payments for all transactions in an account shall exceed Rs 50,000 in a day. Also this tax will be adjustable against the tax liability if the person files his/her return of income. Furthermore, the onus is on the account holders to inform their banks/financial institutions about their status of being a filer sans which collection will become applicable on their accounts.

Last but not the least, this provision is in addition to the existing provisions of Section 231AA of the Income Tax Ordinance where in all cases (being a filer or non-filer) a collection of tax is made on cash transactions. This effectively means that the new tax will apply to non-cash transactions of non-filers whereas section 231A and 231AA shall continue to apply on cash transactions. The rate of withholding tax on cash withdrawals under section 231A (in case of non-filers) and section 231AA (in case of both filers and non-filers) has been increased from 0.5% to 0.6%.

If we look at this reform from an objective perspective, though cumbersome administratively it incentivize businesses and individuals to come within the ambit of filing tax returns. The objective is to broaden the tax net. However the structural inefficiencies, rampant corruption within most tax authorities and a regressive taxation system all act as a deterrent against becoming a filer. This reform alone does not address all these issues and therefore this context can help us better appreciate the negative reaction from masses particularly businesses instead of simply dismissing their concerns as the prevalent tax avoidance culture.

Another interesting reform is the imposition of a one-time “super tax” for tax year 2015 for the rehabilitation of temporarily displaced persons on all those with income of Rs. 500 million or more as below:

  • (i) banking companies at 4%
  • (ii) all other taxpayers at the rate of 3%

This is an example of a reform pursuing the progressive tax regime by taxing those with higher income to the advantage of the downtrodden sections of the society. If the entire taxation system is revamped with a focus on direct taxation pursuing a progressive tax regime many of the ills facing our revenue generation and thereby economy can be rectified.

We’ll continue with some more interesting amendments, issues and structural reforms introduced by the Finance Act 2015-16 in the second and last part of this writeup.

The author is Director of the think-tank “Millat Thinkers’ Forum”. He is a leading economist, CFA Charterholder, experienced Fellow Chartered Certified Accountant and Anti-Money Laundering Expert with international exposure who can be reached on Twitter and www.myMFB.com @OmerZaheerMeer or omerzaheermeer@hotmail.co.uk

Budget, Taxation and Reforms – Blue Chip July 2015, 11th Anniversary Edition

The following article has been published in the renowned “Blue Chip” journal as an exclusive Op-Ed on Economy in its 11th Anniversary Edition published in July 2015.

Online Version Link: Blue Chip Article on Economy

Budget, Taxation and Reforms

Prof Dp

By: Omer Zaheer Meer

There were many positive indicators announced by the honorable finance minister, Mr. Ishaq Dar in his latest budget speech. The first one was the growth rate of 4.24% in 2014-15. Despite missing the target growth rate of 5.1% in last fiscal year, it is still a healthy sign when compared to the mere 3% from 2008 to 2013. The significant drop in inflation from 12% to 4.6% was also phenomenal. Fiscal deficit is expected to be brought down to the level of 5% of GDP from the previous level of 5.5%. However, all these were largely due to the significant reduction in global oil prices and the resulting deflation effects rather than the structural reforms and/or economic policies of the policy makers.

Furthermore, the foreign remittances to Pakistan showed an extravagant increase of 16.14%, which is the highest in the region and should be exceptional by any standards. However it would warrant further examination into the origins of the funds as the controversial law sanctioning no tax or questions about origins on foreign remittances has long made the foreign remittances route a heaven for money laundering and legitimizing black money. While legitimate foreign remittances are a great support for developing economies like Pakistan’s, the use of the above mentioned law for legalizing the black money actually costs more to the economy in terms of the lost revenue and the impact of black businesses on related industries.

In view of the above, it was rational to expect the shortcomings to be addressed in the budget including structural reforms in the taxation system pursuing a progressive regime, introduction of economic reforms and improvements in controversial laws hampering the economy. Whether that was the case is examined below along-with some recommendations

As for the reforms in the taxation system, the proportion of indirect and direct taxes has not changed substantially. This alone though is not sufficient as indirect taxes lead to a regressive system where not only are the rich and poor paying equal amount but unequal proportion of their incomes as taxes but it also causes inflation. This results in higher production costs, which leads to declining exports due to the loss of cost competitiveness and missed opportunities.

The government, in its defence points out to the existing trust deficit between the taxpayer and the taxmen which has created a tax avoidance culture in Pakistan. However there is a reason that all developed economies rely more on direct taxes to negate the disadvantages of indirect taxes which far outweigh the benefits to the national exchequer. The approach of using indirect taxes to fill-up government’s coffers has serious negative ramifications.

To make this clear, take the example of fuel. Upto 30% had been routinely charged as an indirect tax on every liter compared to only 13% in the USA. There are several types of indirect taxes levied within Pakistan including customs duty, sales tax, federal excise duty, petroleum levy, gas infrastructure cess, natural gas surcharge, e.t.c. All this focus on indirect taxation leads to inflationary pressures in the economy as increased prices translates into increased cost of production, services and living. The resulting impacts are hyper-inflationary in nature as there is a multiplicative rather than an additive element in the inflation passed-on at every level.

Furthermore the pay-rises are not proportionate to inflation. Only a 7.5% increase has been proposed in the federal budget. This forces people towards unfair means or rely on expensive credit in order to make their ends meet. Similarly finance requirements of businesses also increase. The resulting hyper-inflationary environment and decreased purchasing power leads to higher interest rates which negatively impacts the businesses as many otherwise viable projects become non-feasible. The declining business output results in lower employment opportunities which coupled with the limited money-supply puts recessionary pressures on the market. This ultimately results in the devaluation of the currency which in turn translates into increased foreign debt. As a result, financing costs of the foreign debts increases leading to a higher proportion of GDP being spent on debt financing. All this combined with hyper-inflation drags the already weak economy further back in Pakistan’s case.

It is therefore recommended that the policy makers should seriously consider pursuing a progressive tax regime where wealthy segments of the society are taxed more. Moreover large landowners and the various exempt sectors must be brought within the tax-net and the revenues raised should be utilized to subsidize the weaker segments of society and to support reforms. For example, it’s been suggested to the authorities before that the agriculture sector should be taxed at a reasonable rate, 5%-7% for landowners with holdings over 12.5 acres and the revenue raised should be used to subsidize the water and electricity for the agriculture sector. This would enhance the yield and therefore the GDP. To summarize, the proportion of direct taxes should be increased and reliance on indirect taxes should be minimized. While some exemptions have been withdrawn in the finance bill which is commendable, more needs to be done in this regard.

Also some structural reforms in the taxation system can go a long way to assist the authorities in meeting their revenue targets. One good step is the current budgetary proposal to allow computerized national identity card (CNIC) number to be used as the National Tax Number (NTN). However the proposal for using the CNIC number as Sales Tax Registration Number (STRN) for all citizens has been ignored. Together both these steps could not only make it extremely easy for any Pakistani to start a business having the requisite tax registrations and thereby promoting a culture of entrepreneurship but would also help broaden the tiny existing tax base as the number of filers and ultimately taxpayers are forecasted to increase with the increasing documented nature of the businesses.

Another key reform could have been to decrease the tax rates to make it more feasible to pay taxes with stringent penalties and cost of avoidance acting as a deterrent. The increase in the tax base would more than compensate for the loss from lower rates. Currently Pakistan has one of the lowest tax bases and tax-to-GDP ratios in the region. If implemented this proposal can turn this around and increase them both substantially.

In addition, to restore the faith of the taxpayers a multi-dimensional tax reforms agenda which has been constantly recommended by this writer must be implemented, where:

  • Taxpayers are encouraged and incentivized for paying taxes.
  • Taxpayers are facilitated by making the process easier and fairer, focusing on maximum automation in order to stem out corruption.
  • Instead of increasing the tax rates the tax net is constantly widened.
  • More focus is given to direct taxation.
  • Meaningful tax rebates and reliefs are introduced for the less able sections of the society.
  • A system of proportionate taxation is adopted with more affluent contributing more to the treasury.
  • Certain exempt sectors are brought into the tax-net (subsidies can be given for assisting any under-pressure areas/products).
  • Tax rebates and incentives are introduced to encourage foreign/local investments in key sectors with tax-breaks for transfer of technology, e.t.c. as may be required in a particular sector.
  • Tax money is actually spent on public welfare and infrastructure projects, which will improve the spending capacity and the business environment in Pakistan.
  • The massive corruption in public contracts/projects, now routinely in the range of 40-50% of tender values, is eradicated for better and efficient use of public money through revamping the pay and accountability structures.

Similarly the controversial law allowing foreign remittances to be brought to Pakistan without having to declare the source of origin or pay any taxes has more disadvantages than the benefits it brings. Let’s elaborate this further. As mentioned before, Pakistan saw an increase of 16.14% in foreign remittances from $12.89 billion to $ 14.97 billion in the last fiscal year. What’s interesting is that the remittances in the entire region have seen a much humble growth. Also, the work profile and the resultant pay scales of ex-pats Pakistanis have not been changed drastically. Furthermore, the inflation and cost of living has actually declined for the relatives of ex-pat Pakistanis as per the figures revealed by the finance ministry. Considering all this and the various studies conducted in the past, it can be safely said that a huge chunk of the foreign exchange remittances are actually the black money laundered and then brought back to legitimize the funds and that too tax-free. Now infamous model Ayan Ali is a case in point. We don’t know for sure how many Ayans are currently doing what she was caught for. It is therefore high time that the finance ministry officials give this a serious thought and atleast consider introducing checks about origins of finances to control and curtail the illegal economy hampering Pakistan’s economic development rather than actually assist it for some short-term gains at the cost of longer-term losses.

Pakistan has been blessed with all kinds of terrains and weathers, fertile lands, valuable natural resources, a high proportion of population been young and hardworking with cheap labor availability. A fairer system of taxation coupled with some key reforms culminating into a fairer economic policy can provide the necessary environment to harness the economic potential of Pakistan.

The key reforms outlined above, if properly implemented with a focus to rely on and develop indigenous capabilities, can resolve the current enigma facing the treasury. With the above actually implemented, there is no reason, why Pakistan cannot stand on its own feet and become an economic hub not only for the region but the whole world. Let us hope that our representatives give this all a serious thought while passing the amendments to the federal budget.

The author is Director of the think-tank “Millat Thinkers’ Forum”. He is a leading economist, CFA Charterholder, experienced fellow Chartered Certified Accountant and anti-money laundering expert with international exposure who can be reached on Twitter and www.myMFB.com @OmerZaheerMeer or omerzaheermeer@hotmail.co.uk

The Cherished Dream of Budget

The following article has been published in Daily Nation, dated 1st June 2015

(E-Paper (Print Edition)http://nation.com.pk/E-Paper/lahore/2015-06-01/page-9)

(Onlinehttp://nation.com.pk/business/01-Jun-2015/the-cherished-dream-of-budget)

The cherished dream of budget

 (Budgetary Dreams)

Prof Dp

By: Omer Zaheer Meer

“I have a dream”. These were the famous words uttered at a junction of history which saw a drastic change in the United States of America. With the budget looming around the corner, this scribe too has a dream to share with the readers.

The dream starts with the federal budget of Islamic Republic of Pakistan having just been announced. There are widespread celebrations across the country, for many of the promised reforms have been delivered with path for a longer term change laid down. Pakistan Muslim League’s government has fulfilled its commitments despite some very challenging circumstances. Some of the major reforms and steps taken along-with their justifications, as outlined by the finance minister Mr. Ishaq Dar are detailed below.

Tax Facilitation: Several steps have been taken to reform the taxation system and structures. Firstly the computerized national identity card (CNIC) has been declared as the National Tax Number (NTN) and Sales Tax Registration Number (STRN) for all citizens. This has not only made it extremely easy for any Pakistani to start a business having both the NTN and STRN, hence promoting a culture of entrepreneurship but is also expected to help broaden the tiny existing tax base as the number of filers and ultimately taxpayers are forecasted to increase with the increasing documented nature of the businesses.

Corporate and Agricultural Exemptions: Furthermore exemptions on various businesses as well as the agricultural sector have been withdrawn. This is expected to generate substantial additional revenue as these sectors constitute 30 to 40 percent of national economy as per various studies. These sections have previously been out of the tax net without any substantial benefit to the GDP despite the relaxation. Therefore the Government has now decided to instead facilitate the farmers to increase the productivity as outlined below while ensuring the agricultural sector is brought within the tax-net.

Tax Volume over Margin: Moreover to make taxation less cumbersome and support the initiatives aimed at broadening of the tax base, the strategy of volume over margin has been pursued in that the tax rates have been drastically cut for both individuals and businesses to the lowest level in the entire region. This has not only positioned Pakistan as one of the most tax-attractive destinations in the region with substantial forecasted investments expected to create job opportunities in the country particularly in the power, agriculture and textile sectors but has also created an incentive for businesses and individuals to pay their due taxes, being less cumbersome than the cost of avoiding it with the threat of stringent possible penalties.

Free electricity & water for Agriculture: Another long-awaited major reform to turnaround the ailing economy in an agricultural country has also been taken. Keeping in view of the fact that the Indian Punjab’s output and productivity has been surpassing Pakistan’s and contributing materially to the Indian economic strategy, the Ministry of Finance has given its strategic vision to place Pakistan as the agricultural leader in the region. Water and electricity are declared free for agriculture for those farmers having small holdings or renting the land. The taxes raised from agricultural sector are mostly reserved to fund this initiative.

Further Agricultural Reforms: Furthermore a new body has been created to buy all crops from the farmers at the Government approved rates and supply them to various industries and markets, thereby ensuring the farmers will get their due while the stockists’ induced shortages and inflation can be stemmed out. Furthermore all seeds, fertilizers and other necessities can be brought through this body at discounted rates which has already listed all major quality suppliers in its approved lists. The volume of potential business has motivated suppliers to offer discounted rates in the hopes of additional business increasing their profitability and helping them expand, in turn creating more job opportunities.

HR development & Educational Reforms: To promote the culture of learning and human resource development, the listing criteria of stock exchanges now includes a requirement for the companies to annually spend atleast 1% of their total revenue on the education and/or professional trainings of their workers. Also, new non-corporate businesses spending more than 2% of their turnover on the education and training of their workers are offered tax rebates. These steps are topped up by an increased budgetary allocation of 5% to the education. The impact of this allocation is not very drastic post 18th amendment but is a strong signal and precedent for the provinces to pursue.

Further reforms to support HR development, Education & Entrepreneurship: Supporting the drive for education and entrepreneurship, Government has required all banking institutions to lend interest-free, atleast 5% of their total business to students and startups without any guarantees. To provide assurances to the banks, a fund has been launched backed by insurance to provide monthly returns to the banks to compensate for the loss of interest income while the fund along-with the insurance serves to act as a guarantee for abnormal bad debts in this sector.

Short-term Energy Reforms: Besides the CPEC and other energy projects, to address the severe energy shortage in the shorter term, the solar energy sector has been given a tax-break for five years with a requirement to cap margins at 15%, in order to ensure the benefits of the cost reduction will be passed on to the masses. This step is expected to assist in resolving the severe energy shortage problem in the shorter term as the cost of setting up solar energy systems has been one of the biggest hindrances in its widespread use despite Pakistan’s climate been extremely conducive for it. Furthermore windmill energy sector has also been extended the same favor to capitalize on its potential for cheap electricity generation with minimal initial investment and running costs.

It was here, that this writer woke up. The sadness on missing many more positive reforms engulfed me but the realization struck that this is the same sadness that engulfs every Pakistani post budget every year. Let’s hope and pray that this year will be different.

The author is Director of the think-tank “Millat Thinkers’ Forum”. He is a leading economist, CFA Charterholder, experienced fellow Chartered Certified Accountant and anti-money laundering expert with international exposure who can be reached on Twitter and www.myMFB.com @OmerZaheerMeer or omerzaheermeer@hotmail.co.uk

Is FBR’s incompetence hurting economy? (by failing genuine Taxpayers)

The following article has been published in Daily Nation, dated 27th April 2015

(E-Paper (Print Edition)http://nation.com.pk/E-Paper/lahore/2015-04-27/page-9)

(Onlinehttp://nation.com.pk/business/27-Apr-2015/fbr-s-incompetence-hurting-economy)

FBR’s incompetence hurting economy

Prof Dp

By: Omer Zaheer Meer

Federal Board of Revenue (FBR) is a semi-autonomous federal institution that is responsible for auditing, enforcing and collecting revenue for the government of Pakistan. It’s one of the most critical components of the revenue collection apparatus in Pakistan. As such it is supposed to be the pinnacle of professionalism, discipline and support to tax payers. Whether this is really the case shall be examined in this write-up. About couple of weeks ago, Chairman FBR invited this writer, while representing ACCA (UK) and LTBA at a historic pre-budget seminar that was organized with the collaboration of ICAP, ICMAP, ACCA, LTBA, PTBA, LCCI and several other Tax Bars, to send him proposals about the issues in and reforms for FBR. Below is a brief overview from this perspective.

Currently there are approximately 800,000 active income taxpayers out of a population of roughly 200 million in Pakistan. This is a meager 0.4% of the total population. On the other hand every Pakistani is paying indirect taxes on whatever they consume. The lack of trust of the taxpayer on the system and the resulting regressive taxation policies are a big hindrance in the attainment of an optimal taxation system. We’ve often discussed the problems with the taxation policies in Pakistan and proposed practical solutions. Frankly speaking there is only so much FBR can do in this regard since the policies are often driven by the IMF, World Bank and/or the political interests of the rulers. However the areas where FBR can and should play a very effective role are not in the best of states either and that is simply unfortunate.

Considering the tiny tax base it was only natural for FBR to attempt to broaden it. However the way they went about it is unprofessional to say the least while messing up a good endeavor big time. Recently notices claiming no existing tax registration based on “economic activities”, usually citing vehicle purchases were sent out to masses. Sounds positive? Hang on, what if it’s shared with you that many of those receiving these notices were not only tax payers already registered but paying millions in Income Taxes annually? This exemplifies a total lack of coordination within the systems and functions of FBR, which is unfortunately becoming a norm of late. Missing out on the records already held by FBR simply reinforces the misconceptions amongst the tax payers that FBR is out to bother already registered tax payers instead of acting as a facilitator and initiating genuine drives to catch tax evaders.

What’s tragic is that while on one hand such steps are undertaken citing the need to broaden the tax base but on the other hand proposals with huge potential to broaden the tax base such as bringing agricultural income and other exempt sections within the tax net as well as allowing use of CNIC as National Tax Numbers (NTN) and Sales Tax Registration Numbers (STRN) have been falling on deaf ears for almost a decade now. Of late, there has been news that CNIC may finally be allowed as NTN. If done, this will be a step in the right direction.

To underline the vast difference in the workings of FBR and similar bodies in developed countries, Let me share a personal experience with the readers to illustrate the significant gulf in the international standards and the ones practiced in our beloved country. While working in UK, I needed to change my tax code. For ease of understanding you can say it was like claiming a tax refund and I was not even a British national. It took me one phone call to UK’s HMRC (Her Majesty’s Revenue and Customs) during my office lunch hour to get it done by the end of the lunch. Yes, just in less than an hour. Now compare it to the experience of a genuine tax payer in Pakistan who is ridiculed and abused for even genuine works. Presumptive and advance taxes are collected but when it is time to issue refunds in line with the law, actual due refunds are held for months and even years despite completion of all legalities and verification. What is worst is that in most cases the FBR officials verbally accept the cases as genuine but claim that due to the pressure to meet revenue collection targets they are unable to follow the law and deliver the tax payer their due right.

The problem manifests from the nepotism and non-professional attitudes of some officers who treat tax-payers with utmost contempt instead of the dignity they deserve. Un-realistic targets setup by higher-ups then further aggravates the matters with coercive, non coordinated and even illegal measures used by certain sections within FBR. The widespread corruption within the department further worsens the matters.

It’d be reasonable to point out that although PRAL (Pakistan Revenue Automation (Pvt) Ltd) does mess up things at times, many of its’ positive endeavors were blocked for fears of eradicating corruption using different pretexts by certain sections of FBR. For example, PRAL once finalized a completely automated system of issuing refunds to tax payers with even an online payment instrument. Naturally there was a huge hue and cry. The project was dumped and the corrupt manual practices continue to date.

Now as if all this was not enough, even the laws governing the whole taxation system are made mockery of within FBR by several officers undermining the good work and efforts undertaken by their more professional colleagues. Just ask any genuine tax payer or tax practitioner about the treatment meted out to them by most FBR officials and you’d be shocked. Due to limited space, this topic will have to be continued in future write-ups.

As for now, perhaps the policy makers and senior FBR officials should consider this dire situation seriously to rectify all the serious problems within FBR. If they fail to do so, the next time they complain about low proportion of tax payers in Pakistan as compared to UK or other developed countries, they should realize that they only have themselves to blame.

The author is Director of the think-tank “Millat Thinkers’ Forum”. He is a leading economist, CFA Charterholder, experienced fellow Chartered Certified Accountant and anti-money laundering expert with international exposure who can be reached on Twitter and www.myMFB.com @OmerZaheerMeer or omerzaheermeer@hotmail.co.uk