Originally appeared on The Morning
By Dhananath Fernando
Will the new tax amnesty really help us in the long run?
This is the humorous storyline of a video I watched some time ago by the famous Sinhala comedian duo “Podi malli and Chooti malli”. A father was very worried that his little son had swallowed a two rupee coin. The son and father struggled to get rid of the coin. Then the father patted the son’s back and asked him to vomit, but he couldn’t.
A gentleman passing by saw this entire incident, and asked: “Can I help you?” Helpless, the father allowed him to take control of the situation. The stranger glared at the son and ordered him to give him the two rupee coin. Suddenly, the son threw up the two rupee coin.
The father was very happy and surprised. He asked the stranger: “How did you do it and where do you work? Are you a doctor?” The stranger replied: “No, I work for the Inland Revenue Department”.
This story is definitely not to underestimate our inland revenue officers. But given the proposed Tax Amnesty Bill, this discussion has come back into the limelight. It is not a secret that most current and retired Inland Revenue officers are taken care of by the payroll from small, medium, and even some large corporations, as tax advisors who always find smart ways to go through existing tax laws. So what are the pros and cons of the Tax Amnesty Bill and what would be the aftermath of the proposed Bill?
The proposed Tax Amnesty Bill provides a wide range of benefits for tax evaders who haven’t abided by tax law. Accordingly, they can pay just a 1% nominal tax and disclose taxable income or assets, and become a legal taxpayer.
On the plus side, the expectation of the Government is to increase its revenue, which is now required to finance government expenditure, given the extremely tight fiscal situation of our balance sheet. The Government expects to increase the tax base by providing this tax amnesty, and then improve government revenue in the coming years.
Secondly, the Government requires a sudden cash inflow to our economy to manage the expenditure on the fiscal side and a US dollar inflow to manage trade and our mounting debt repayments.
However, if we look at history, in 2002/2003, then-Finance Minister K.N. Choksy proposed a similar tax amnesty, which was reversed in 2004 again.
In recent history, on 2 April 2020, the current Governor of the Central Bank appealed to domestic and international well-wishers on behalf of the Sri Lankan Government to deposit foreign exchange into Sri Lankan banks, with an assurance that no questions would be asked on the financial trail of the funds. In the appeal, the Governor of the Central Bank mentioned that the money would be accepted without any hindrance from the Central Bank and the banking system, and would be exempt from exchange control regulations and taxes for three months from 2 April 2020 onwards. This request was made when our foreign currency earnings came to a standstill with the Covid lockdown last year. However, this did not bring the expected results.
After spending more than one year without any sustainable solution, we are now back to square one with a similar proposal. In my opinion, this would further generate negative signals to our markets and international donors on multiple aspects.
In the first place, no tax hikes or tax amnesties will work without a significant expenditure cut. Markets work based on information and signals. When we spend about $ 50 million on buying fighter jets, and when there was a heated discussion on parliamentarians importing duty-free vehicles, the signal system does not work right when we bring about revenue collection proposals. Simply put, markets won’t adjust, and people will not be willing to fasten their seatbelts.
During the pandemic, many companies had announced salary cuts, and the CEO was first to take the salary cut, at a higher percentage, before announcing salary cuts for staff and factory workers. Otherwise – it is not rocket science – resentment and resistance would build within. It may be only a little money we would save from a 15% salary cut for a CEO, opposed to the total savings from 10% Salary cuts for 2,000 workers. But the message has to be right – the policy is moving towards a purpose and the leadership is walking the talk.
Secondly, on the market front, this move to grant amnesty would first discourage and discriminate against genuine taxpayers. It is true that there are only very few tax files opened in Sri Lanka, but the people who have made an effort to pay tax would be now thinking: “What is the point? Why do I pay taxes while the evaders get an amnesty?”
This sentiment would have long term implications on eroding our tax revenue further. This would be a double-whammy if we do not get enough tax evaders joining the proposed scheme, because then we have given the wrong signals to the market. In this case, even genuine taxpayers will be discouraged, while at the same time we fail to collect adequate revenue from the tax amnesty.
Thirdly, though the Government has provided assurances that the information would be kept secret, even tax evaders are aware of the absence of proper institutions and transparency measures making it hard to assure confidentiality. This would increase the risk of getting the tax evaders exposed to certain corrupt politicians and causing future problems in terms of bribery to keep their names under the radar.
Finally, and very importantly, the announced Tax Amnesty Bill and the recent announcement by the Central Bank Governor will again expose Sri Lanka to the grey list of the Financial Action Task Force (FATF), which Sri Lanka was delisted from only in 2019 October. The FATF is the global policy setter on anti-money laundering and countering the financing of terrorism.
A delisting from the FATF grey list is a positive indication to the market to attract quality investments that look for a credible financial system. The delisting from the grey list was achieved through hard work by the Central Bank and its officials. So they should be the first to stand up against the threat of losing it again.
At the same time, we have to be vigilant to not breach the codes of conduct and ethical guidelines of international donor agencies, as there is a high possibility of Sri Lanka having to knock on their door as a fallback option.
So there is simply no magic formula for us like the story of the comedic duo, to just throw up the coins people have swallowed. It has to start from consolidating our expenditure and giving the right signals to the market if we are serious about raising government revenue. Otherwise, by trying to provide tax amnesties and implement unorthodox methods, we would only end up further exposed to unexpected risks.
The opinions expressed are the author’s own views. They may not necessarily reflect the views of the Advocata Institute or anyone affiliated with the institute.