Tax Takeaways from the G20 Finance Ministers Meeting

Tax issues formed part of the discussion at the G20 Finance Ministers meeting in Shanghai on 26-27 February. As indicated in the final Communique, Paragraph 7 makes several points in support of broad, consistent and effective implementation of the BEPS project, including:

  • Commitment to a consistent global approach, and encouragement to non-G20 countries, especially developing countries, to join in the OECD designed framework (see below).
  • Awareness of the specific challenges faced by developing countries in BEPS implementation and support for building capacity for such countries.

The anti-MNC context for these G20 discussions is rooted in OECD estimates of of $100-240 billion in BEPS-related revenue losses. And the 2015 Addis meeting on financing for development has not resulted in material steps to help developing countries improve their capacity, thus raising a concern is that BEPS rules will be misused and/or selectively applied to MNCs.

Other tax-related items in the Communique include:

  • Commitment to the standards for information exchange on request, and Automatic Exchange of Information (AEOI), with a request for all financial centers and jurisdictions to do so by 2018 at the latest;
  • A request for all countries to join the Multilateral Convention on Mutual Administrative Assistance in Tax Matters;
  • Endorsement of the proposal to develop a tax platform jointly by the IMF, OECD, UN, and World Bank Group, with a request for recommendations on how countries can contribute funding for tax projects and direct technical assistance by July 2016;
  • Recognition of the role of tax policy in achieving sustainable economic growth.

While much of the above is not new, sponsors should note the increased interest in bringing in non-G20 countries into the process, and a willingness to look at new ways to support capacity building in developing countries. ITIC will monitor the proposed “tax platform,” and inputs from sponsors are of course welcome at any time.

The only specific commitment in Paragraph 7 relates to China’s pledge to establish an international tax policy research center, which would also provide technical assistance to developing economies. By way of background, the new OECD framework allows all interested countries and jurisdictions to join in efforts to update international tax rules, participating as BEPS Associates in an extension of the OECD’s CFA.

In addition to the Communique, the OECD Secretary-General’s Report to the G20 Finance Ministers is available on the OECD's website.

Coordinated Management of Mozambique’s Borders: Challenges for Implementation

On January 26, 2016, the World Customs Organization (WCO) celebrated 64 years of representing customs administrations (now numbering 180 and accounting for approximately 98% of international trade). The WCO promotes the use of information and communication technologies by customs administrations and other stakeholders under the motto: "Digital Customs: Progressive Engagement." Customs authorities in Mozambique began using information technologies in 1997 with the Trade Information System (TIMS), and Mozambique upgraded to the Single Electronic Window in 2011. The Single Electronic Window currently processes 90% of import and export declarations.

This article focuses on operationalizing the agreements on one-stop border posts that Mozambique has with neighbouring countries South Africa, Malawi, Tanzania, and Zimbabwe. Mozambique participates in the implementation of the Southern African Development Community (SADC) Finance and Investment Protocol.

These agreements aim to facilitate regional trade through procedures to enhance speed, convenience, simplicity, safety, and interaction among the border control institutions.

The concept of coordinated border management arises from the current customs challenges posed by the increased flow of commercial transactions combined with increased illicit trade and transnational crime. The efficiency and effectiveness of both key aspects of Customs work can be achieved only if the various entities that control the borders carry out their activities in a coordinated manner.

The WCO dedicated 2015 to Coordinated Border Management to encourage customs administrations to promote partnerships to improve goods processing at borders, namely among Customs, Immigration, Police, and Border Guards, as well as Health, Veterinary, Agricultural and other officials.

The concept of coordinated border management is built on two dimensions.  The horizontal aspect involves sharing the same information among all institutions performing compliance checks at the borders. The vertical perspective ensures that all government employees operating on the border share the same procedures and policies.

This concept also has a national and an international dimension, both in terms of coordinating among national institutions and promoting cooperation between customs authorities of different countries. Information sharing between national customs and customs of neighbouring countries currently lacks a systems compatibility check, so this too is an important aspect to be taken into account.

The implementation of one-stop border posts ultimately requires the adoption of common policies and strategies between countries that share a common border.  The core components should include the priority lines of action, deadlines, budget for infrastructure, and relevant training programs, and every component of the fight against smuggling, drug trafficking, human trafficking, money laundering, terrorism financing, and other forms of fraud.

This has in turn required the sharing of intelligence when there is a need to carry out joint operations. Additionally, there is also a need for skills transfer to ensure that all countries and agencies have the relevant expertise. The exchange of experience to support training of officials can occur between South Africa and its neighbouring countries.

The SADC emphasizes the coordination of the Southern African Regional Police Chiefs Cooperation Organization (SARPCCO) and the creation of the Single Clearance Point at Border Posts at all border crossings, by agreement with neighbouring countries (Botswana, Lesotho, Mozambique, Namibia, Swaziland, and Zimbabwe). This consists of a one-stop post through which foreign tourist visas are processed in each entry border by joint teams with final approval given on the South Africa side of the border. This streamlined process was applied to issue visas to 309,554 foreign visitors arriving in South Africa to attend the 2010 World Cup.

Coordinated border management introduces an innovative approach that breaks with the traditional model of border management. The modern approach is supported by information and communication technologies for verification of visas in passports, electronic clearance of goods, electronic verification of registration of cars, etc. This represents a series of steps in moving from the paper-based process to e-border customs management.

To achieve efficiency for government institutions, I recommend maximizing the use of information technologies for information sharing and to improve management processes that can benefit from modernization.

The adoption of the SADC Finance and Investment Protocol helps to improve the efficiency of financial institutions of SADC member countries when it comes to combating money laundering and terrorist financing. In border control, particular attention should be given to the the facilitation of regional trade to promote regional development corridors, with a view toward implementing the SADC Customs Union.

The other important component to coordinated border management is the relationship between customs authorities and risk management practices. Risk management allows Customs to select imports and exports suspected of containing merchandise to find evidence of fraud through scanning and physical inspection where applicable.

The use of risk management requires creating and sharing a database on imports and exports with the SADC member states. In the case of a suspicious container, an electronic alert in the system would go off so that authorities can intervene. Information sharing between countries should be extended to all import and export declarations and should be accessible to all employees assigned to the one-stop office. And modernizations such as biometric passports should improve the detection of counterfeit or stolen passports as well.

The Government of Mozambique must now determine the key next steps for coordinated border management among national institutions, allocating both human and financial resources, building appropriate infrastructure and properly training human resources.

Particular attention should be devoted to English language training for national staff, and training of foreign border officials in Portuguese to better understand the documents, legislation and other necessary elements. Bilingual functionality can obviate the requirement for translation of authentic documents and increase public trust.

The centrepiece of this concept is effective information sharing, flowing from top to bottom (vertically) and across institutions (horizontally). Building trust and better collaboration across teams requires employees to know their responsibilities and those of other employees in other institutions. This can be aided by a detailed internal procedures manual for government institutions to improve clarity and consistency and eliminate duplication of procedures.

Rather than immediately allocating human and material resources, member states involved in coordinated border management agreements should initiate a change-management process first, which can be accomplished by setting up joint teams across institutions and across borders, through a series of seminars.

Taken together, these steps can facilitate regional trade, promote development corridors, maintain security, and reduce illicit trade, all of which helps to achieve a balance between trade facilitation and enforcement controls.

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*Marcos Miguel is a Customs Senior Officer at the Mozambique Revenue Authority (MRA). He holds an MBA in Customs Management awarded by ESAMI (Eastern and Southern Africa Management Institute). He contributed this article as follow-up to his participation in the Africa Tax Dialogue held in Maputo, Mozambique in November 2015. His MBA discussed “The integration of Single Electronic Window and e-Taxation to improve regulatory compliance and service delivery at MRA."

Astana-Houston Videoconference with Kazakhstan Officials

On 17 February, ITIC chaired a Caspian Mineral Tax Committee (CMTC) videoconference linking senior Kazakhstan tax officials with oil and gas industry representatives gathered in Houston as part of EY’s annual CIS energy tax conference. Below are highlights of the discussion, which focused on BEPS implementation and the tax and customs reform agenda in Kazakhstan. Fiscal legislation regulating these issues will be submitted to the Parliament in early Fall 2016. ITIC will continue to monitor this process and advise sponsors of opportunities for comment and analysis.

Base Erosion and Profit Shifting (BEPS)
Mr. Almas Bazarbayev, Deputy Head of the International Cooperation Division of the Finance Ministry’s State Revenue Committee (SRC), discussed the SRC’s work to analyze the scope of changes arising out of the BEPS Project, including in respect of international treaties (particularly EOI arrangements) as well as with the national legislation. The SRC is working closely with the OECD on draft legislation, to be finalized in June 2016, which would introduce the main BEPS standards in Kazakhstan in January 2017.
Planned Tax Policy Reform Mr. Daryn Abduali, Deputy Head of the Tax and Customs Policy Department at the Ministry of National Economy (MNE---responsible for tax policy), discussed the program of the MNE-led working group, formed pursuant to Presidential Decree, to undertake several major tax and customs reform initiatives, as follows:
  • Tax and customs codes’ unification;
  • Introduction of sales tax replacing VAT;
  • Review of existing tax incentives, exemptions and reliefs in order to evaluate their effectiveness;
  • Subsurface use taxation reform;
  • Reform of ecological taxation policy and provisions; and
  • General improvement of tax and customs administration practice. World Bank and EBRD assistance with these tasks was being sought. ITIC offered to assist officials as possible with these tasks.
 Mr. Abduali also outlined a series of unsettled action items in relation to SSU, as follows:
  • Introduction of a sliding scale for mineral resources production tax;
  • Abolition of tenfold increase in the ecological tax; and
  • Elimination of local authority to increase the ecological tax by as much as 20x; and,
  • Revision of regulations regarding compensation (restoration) due to ecological damage.
In this regard, Mr. Abduali noted that the MNE Tax and Customs Policy Department has studied the operations of subsurface user companies across a great range of jurisdictions and were developing their approach on these action items based on this analysis.

International Tax Review releases "Global Tax 50"

The International Tax Review has released its annual “Global Tax 50” list, and we are pleased to congratulate our colleagues associated with ITIC who made the list:

  • William Morris Global Tax Policy Director, GE Member of the ITIC Executive Committee and Board of Directors (#6 on the Top 50 list)
  • Parthasarathi Shome Chairman, International Tax Research and Analysis Foundation (ITRAF) Member of the ITIC Board of Directors

  • Mike Williams Director of International Tax, HM Treasury Featured speaker at ITIC’s 2015 Board of Directors’ Dinner

Azerbaijan: Tax and Investment Update

On 29 January 2016, the World Bank made an important announcement related to the IMF/World Bank mission to Azerbaijan. The Bank’s statement read in part:
In response to numerous media inquiries, the World Bank would like to clarify the following: The World Bank is discussing with the Government of Azerbaijan a set of medium- and long-term measures to move to a new private-sector led growth model and increase the country’s resilience to external shocks, including low oil prices and pressure on the local currency. The Government of Azerbaijan is developing a comprehensive program of structural reforms, and the World Bank, as a long-term development partner of Azerbaijan, stands ready to provide necessary support.

On 2 February 2016, the Ministry of Taxes advised that the Ministry held a meeting on 1 February with a delegation from the World Bank, chaired by Deputy Minister of Taxes Sahir Mammadkhanov, who reviewed the current economic situation and economic development indicators. He noted several positive points despite global difficulties, including the country's macroeconomic stability, the process of modernization of the tax system, improvement in the technological capacity of the tax administration, and progress made in building e-government. World Bank Economist for the South Caucasus Region Shankar Rashmi in turn commented on the need for structural reforms, accelerated diversification into non-oil sectors, modernization and innovation in tax administration, and the potential for tax incentives to stimulate investment.

 

On 3 February 2016, the IMF issued a press release which concluded that: “Looking ahead, economic growth and balance of payments pressures are likely to remain major challenges for the authorities in the near term. However, the authorities are well placed to overcome these challenges, provided they further strengthen their policy response and given Azerbaijan’s substantial buffers. Policy priorities include formulating and pre-announcing a multi-year fiscal consolidation plan, bolstering the monetary policy framework to support the move to exchange rate flexibility, strengthening the financial sector and supervision, and undertaking structural reforms to make the economy more diverse. In this regard, we support the government’s intention to further reduce public investment to more sustainable levels in 2016, with greater focus on project efficiency. The authorities and IMF staff have agreed to maintain a close policy dialogue and to increase technical assistance support.”

A Presidential Decree for the Promotion of Investment issued on 18 January 2016 established  a procedure for "Issuing the Investment Promotion Certificate," according to which the Cabinet of Ministers defines the list of economic spheres, minimum amount of investment, and administrative-territorial units for investments on the basis of proposals made by the Ministry of Economy, and submits certificate recommendations to the President. The decree also stipulates the development mechanism and regulatory and legal instruments related to the promotion of investments, and instructs the Ministry of Taxes and the State Customs Committee to take measures to apply the benefits defined in the Investment Law.

Concerning implementation of the Investment Promotion Decree, the Parliament is to consider the following changes to the

A. Tax Code

 

  • PIT: Exemption from income tax related to annual bank interest income as well as dividends paid by an issuer of investment securities for three years, effective from 1 February 2016. In addition, 50% of the profit of individual entrepreneurs who have obtained the Investment Promotion Certificate (IPC) will be exempt from income tax for seven years.
  • Profit Tax: The profit of entities that have obtained an IPC will be exempt from income tax for seven years.
  • VAT: Any entity or individual entrepreneur having obtained an IPC will be exempt, for the period of seven years, from VAT upon confirmed import of equipment, technological equipment and devices.
  • Property Tax: Any entity or individual entrepreneur that has obtained an IPC is exempt from property tax for seven years.
  • Land Tax: Any entity or individual entrepreneur that has obtained an IPC is exempt from land tax for seven years.

B. Customs Law

  • Technology and technological equipment imported by entities and individual entrepreneurs engaged in investment activity, as well as by resident entities and individual entrepreneurs of industrial or technology parks conducting scientific research and development, shall be tariff-exempt for seven years.

The fifth annual Baku Tax Conference on 18 January 2016 provided useful insights into the role of tax and investment policy in meeting challenges posed by current market conditions. The general topic of the meeting was “Transparency and Compliance in the Tax System”, with the first part of the conference concerning tax management in Azerbaijan, followed by tax administration and development of communication between taxpayers and tax authorities. Topics addressed included future tax reforms and appropriate tax models; improving controls in the area of compliance; innovative services to increase transparency; criminal tax cases; tax incentives for attracting investment; and tax transparency – the new global reporting standard.

According to official participants, any changes to the Tax Code would be primarily aimed at reducing tax rates and simplifying tax administration; they noted in particular that no excise increase of on imported goods is expected (rates fixed since January 2015).

Business participants emphasized the importance of transferring the tax burden from business to consumers – potential measures discussed included an increase in the rates of ‘sin taxes’ and more ‘progressive’ PIT and property tax structures.  As for incentives, participants discussed several possibilities: VAT zero rate or exemptions for tourism, agriculture, and food-processing; ‘holidays’ for regional development investments and/or those with foreign operations contributing more than 50% of turnover; the creation of an ‘offshore’ zone in Azerbaijan, exempting from tax those persons registered in AZE but carrying out activities abroad. Finally, accelerated depreciation allowance and the introduction of ATRs also were proposed.