ITIC Participates as Observer in IOTA General Assembly

ITIC Senior Advisor Douglas Townsend participated as an Observer in the 20th General Assembly of the Intra-European Organization of Tax Administrations (IOTA) held on 7-8 July 2016 in Bucharest, under the Presidency of the Romanian National Agency for Fiscal Administration. Heads of tax administrations from 46 countries and representatives of 11 international organizations attended, along with representatives from the IMF and OECD, among others. The theme of this year’s meeting, “Data-Driven Tax Administration,” featured discussions on managing the dramatic increase in the amount and complexity of digital data and data exchange arising from AEOI, CbC-R and other BEPS recommendations. While participants agreed that the new data environment offered significant opportunities that could lead to efficient and transparent revenue collection, their capacity -- not least in human resources terms -- to utilize the opportunities and technologies is seriously challenged. Much attention was given to the work and publications of the OECD/FTA as guides for action.

IOTA’s next general assembly will be held in Kiev in July 2017 under the Presidency of the State Fiscal Service of Ukraine, with the theme of “Disruptive Trends and New Business Models: Challenges and Implications for 21st Century Tax Administration.”  IOTA also plans to hold its first global tax administration conference in Budapest on 8-9 November 2016, on the related theme of “A Tax Administration Fit for the 21st Century.”  The members elected Miguel Silva Pinto, DDG of Portugal’s Tax and Customs Authority, as the new IOTA Executive Secretary for 2016-2019.

A detailed summary of this year’s meeting is available in the Assembly Communique.

Experts Convene at ITIC's Eurasia Tax Forum

Washington, DC – Fiscal officials from across 10 Eurasian countries met this week with leading academic specialists and private-sector representatives in The Hague, The Netherlands, for the 12th annual “Eurasia Tax Forum” hosted by the International Tax and Investment Center (www.iticnet.org). The conference focused on a number of economic and tax issues, including Eurasian growth and the “China factor,” fiscal consolidation in a low oil price environment, key tax issues in the Eurasian Economic Union, and how Eurasian countries are adapting to new guidelines related to Base Erosion and Profit Shifting (BEPS).

“Several of these countries are heavily reliant on the energy sector for large shares of their revenue streams, and this is one of many ways in which China’s slowdown has a considerable impact on Eurasian economic and fiscal performance,” remarked ITIC President Daniel Witt.

The meeting featured opening remarks by Hon. Onno Ruding, former Dutch Minister of Finance, who offered his views on Europe’s evolving relations with Eurasia.  Participants also benefited from the expertise of Edwin Visser, EMEA Tax Policy Leader at PwC, and Graham Kellas, Senior Vice President for Global Fiscal Research at Wood Mackenzie, an energy analytics and economic forecasting consultancy, who detailed the fiscal impact of lower oil prices throughout the region.

Mr. Zamirbek Osmonov, Chairman of the State Tax Service of the Kyrgyz Republic, added that, “We held discussions with colleagues from Kazakhstan in the East to Belarus and Ukraine in the West and South through the Caucasus – it is a unique opportunity to discuss VAT and transfer pricing, for example, and to consider EU experience, both positive and negative.”

The Eurasia Tax Forum is an annual conference that brings together regional government officials, academic experts and investors for discussion of tax issues and the investment climate in Eurasian markets, as well as Eurasia’s integration into the global economy.

ITIC Advisor Speaks at 11th International Energy Conference

ITIC Program Advisor Carole Nakhle participated as a keynote speaker at the 11th International Energy Conference in Tehran, Iran, on 30-31 May. Her talk preceded a panel discussion that included the following Iranian officials (among others from the private sector): Dr. Amirhosseein Zamani Nia, Deputy Oil Minister; Mr. Mohsen Khojaste Mehr, Ministry of Petroleum; and Mr. Mehdi Husseini, Head of the Oil Contracts Committee.

During her presentation, Dr. Nakhle spoke about the simple yet powerful and dynamic equation of risk-reward whereby investors seek to achieve a balance. She explained the impact of the oil price on investment decision and financing, then argued that government policies can compensate for changes in the oil price. For instance, during periods of low oil prices, an increase in investment is noted in countries where governments modified their fiscal terms favorably towards investors.

While in Tehran, Dr. Nakhle also gave an interview to a local TV station, and held meetings with the Director General and his Deputy at the Ministry of Petroleum, the Iranian National Tax Administration, as well as local experts.

Kazakhstan: Tax Update

Tax and Customs Code Unification During a press briefing last week with visiting IMF Managing Director Christine Lagarde, Kazakh Prime Minister Karim Massimov stated that the Kazakh Government does not intend to speed up the work on unifying the Tax and Customs Codes, noting that, "We have developed a new Tax Code, which is likely to be aligned with the Customs Code. Initially we planned to have come up with concrete decisions this year, but now we have decided that we need about one year to make a final decision." He added that, "There have been discussions regarding the modernization of the Budget Code and the possible consolidation of expenditures and accounts between different levels of government. I think we roughly have one year to thoroughly discuss it and to consult with the IMF, to study the best international practices, and discuss with other international financial organizations."

He stressed that these consultations were necessary: "In order that we can, for the better development of Kazakhstan, have a period wherein to maximize the benefit from the transparency of such consultations, we are better able to fight corruption, and to assist those at work on the program of diversification of the economy. For these purposes, the National Bank should take more into account the position of the local currency and, in the end, this should lead to the diversification of the economy and improvement in the welfare of the people of Kazakhstan. We want therefore a year to discuss and adopt."

Indirect Taxation: Kazakhstan and the EAEU

The Kazakh Government plans to introduce a sales tax in place of VAT, in addition to plans for the unified tax and customs code, which will require coordination with the Eurasian Economic Union.

Timur Suleimenov, the Eurasian Economic Commission’s Board Minister for Economy and Financial Policy, noted that, "The fact is that we have, in the Agreement on the Eurasian Economic Union (Taxation Section Appendix 18), the Protocol on the Principles of Levying Indirect Taxes in Mutual Trade. And there appears everywhere in the Protocol provisions concerning application of indirect taxes - excise duty and VAT. Accordingly, changes in the structure of taxation in one of the member countries require amendment of the Agreement."

He continued, "Concerning the content of the (to-be-) amended Agreement, certain issues will require study (e.g., the goods and services to be subject to Kazakhstan's sales tax – instead of VAT), the place of delivery thereof, the taxpayer therefore, etc. Nonetheless, the EEC and the Kazakh Ministry of Economy and the Finance Ministry know that it will be necessary to work out the new situation, and we will work in close contact, so everything is under control."

Minister Suleimenov also expressed confidence that these issues will be resolved in a timely manner, noting that, "The introduction of the unified Kazakhstan Tax and Customs Code has been postponed for a year, so there is still time."

Indirect Taxation in the EAEU

Issues of indirect tax within the EAEU also continue as member states develop national policies on other public issues impinging tax policy. For example, whether Kazakhstan introduces excises on certain products (for health or other reasons) traded within the EAEU is a sovereign decision of Kazakhstan, since tax sovereignty is a condition of Union membership. However, there could be a legal issue owing to the application to excisable goods of the “destination principle,” as stipulated by the Union treaty.

Action on excises is a matter of tax policy for the Finance Ministry -- not the Ministry of Health, which is always demanding higher “sin taxes,” even though simply raising the excise rates is not an effective public health measure.

Nonetheless, the general trend in the Union is for harmonization of excises – meaning for Kazakhstan, upward. Also, Armenia and Kyrgyzstan, new Union members, are being obliged to increase excises. As a practical matter, with Kazakh markets saturated with smuggled goods, harmonizing excises is more of an acute issue than a long-term policy objective. Trading conditions within the Union are also under strain from Members’ exchange rate policies. Coordination of monetary policy is broadly prescribed by the Union treaty, but from recent experience, there clearly is scope to realize this objective.

De-Criminalization

During the 29th plenary session of the Foreign Investors Council held last week in Astana, foreign investors proposed a recommendation to the Kazakhstan Government to decriminalize tax violations in the case of voluntary payment of taxes and fines.

They noted that the: "Criminal liability of investor company’s officials for minor tax offenses remains a problematic issue. A relatively small threshold of unpaid taxes (20 thousand MCI=about 42 million KZT, or $126,000) is the basis for instituting criminal proceedings. Many foreign investors are major taxpayers, and a small mistake in their calculations can lead to an amount of arrears in excess of the threshold, resulting in the automatic imposition of criminal liability. They need anyway to refund to the Budget the full amount of the tax liability plus stipulated penalties and severe fines. An additional criminal prosecution for the same offence is in our view inappropriate."

President Nazarbayev instructed the Government to consider this and other proposals, reportedly noting, "They are practical, they are profitable and create conditions for foreign investors."

Offshoring

During the Astana Economic Forum on 26 May, under the auspices of the United Nations, President Nazarbayev proposed the formation of a human capital development fund to help finance improvement in the quality of education and health in the poorest countries. The fund would be sourced from a one percent global tax on offshored assets.

IMF Considers Fiscal Policies for Innovation and Growth

The IMF’s Fiscal Monitor April 2016 (“Acting Now, Acting Together”) looks at fiscal policies for innovation and growth. Fiscal policy can promote growth in productivity by encouraging innovation. The global recovery is slowing and fiscal risks are rising. Public debt ratios are being revised upward and the largest revisions are in emerging market and middle income economies. Commodity exporters, including the oil exporters of the Middle East and North Africa, have been hit hard, and advanced economies have high levels of public debt, low inflation and sluggish growth.

In advanced economies, the focus should be on fiscal measures that boost both short- and medium-term growth (such as infrastructure investment) and policy actions that support the implementation of structural reforms. The IMF suggests that states in the euro zone should make full use of the existing room within the Stability and Growth Pact to increase public investment. In Japan and the US, policy space can be created by commitment to credible medium-term consolidation plans.

A sustained increase in economic growth of 1 percentage point could reduce debt ratios in advanced economies to their pre-crisis levels within a decade. These economies must accelerate structural reforms, including tax and expenditure policies that reinforce incentives to work and invest, and boost productivity growth.

In commodity-exporting countries, public spending has to be brought in line with reduced resources. The fiscal adjustment could be helped by further revenue diversification. In other emerging market and developing economies, an important challenge is to create budgetary room for necessary expenditure on public services, health, education, and infrastructure. This could be done by implementing pro-growth structural reforms, better mobilizing revenue and improving expenditure efficiency. Capacity building in the field of revenue mobilization is required to achieve the Sustainable Development Goals.

Comprehensive, reliable, and timely public reporting on public finances can also reduce vulnerabilities by fostering more informed and accountable fiscal policy. Developing economies should closely monitor the rapid increase in corporate debt. Tax policy can be combined with macroprudential measures to limit excessive leverage.  

Fiscal Policies for Innovation and Growth

Improvements in productivity are at the top of the global policy agenda. The decline in total factor productivity (TFP) explains a significant part of the overall decline in growth potential in advanced economies since the early 2000s, and more recently in emerging market economies. This can be improved by structural reform of labor and product markets, but fiscal policy is another important way to improve TFP.

Fiscal policy is a potent instrument for productivity growth through innovation. Innovation can be built on a base of strong human capital and a business environment that provides adequate incentives. Macroeconomic policies that provide higher growth are important because growth permits firms to more quickly recover their sunk costs, and it therefore encourages R&D investment.

The IMF focuses on three channels of innovation that could be improved: research and development (R&D), technology transfer, and the promotion of entrepreneurship. These three pillars of innovation affect different countries to varying degrees -- for example, R&D policies are more important for advanced economies that are closer to the global technology frontier. Policies that encourage technology transfer and entrepreneurship are also important to emerging market and developing economies.

R&D Incentives

Private R&D undertaken by one firm may increase productivity in other firms through knowledge spillovers. These positive externalities imply that market forces will lead to an underinvestment in R&D compared with the level that is socially efficient. This can be addressed by fiscal instruments to promote private R&D. Fiscal policy can promote R&D in the private sector by providing incentives in the form of subsidies and tax relief. The effectiveness of these policies depends on how they are designed and implemented.

Tax incentives could be in the form of tax credits, enhanced allowances, accelerated depreciation, or special deductions for labor taxes or social security contributions. The tax incentives are usually available to all firms that invest in R&D, although they can also be targeted to particular groups of firms. They generally provide a level playing field, but private-sector R&D decisions may not adequately address the complex knowledge spillovers associated with R&D.

Subsidies for R&D are often specifically targeted at particular projects. If targeted well and based on accurate information, subsidies can be more effective than tax incentives. Subsidies can also bring about non-market benefits (such as a cleaner environment).

Best practices in provision of R&D incentives include the provision of payroll tax relief for researchers and refundable R&D tax credits for small enterprises. New enterprises often face loss-making situations in their opening years, and a refunded credit in the case of a negative tax liability is more useful to them. R&D incentives can also be cheaper if they target incremental R&D above a certain baseline.

Encouraging Technology Transfer

Most technology creation occurs in a small number of advanced economies, such as the G7 countries. The technologies are disseminated to the rest of the world through imitation and absorption. Technology transfer is important for productivity growth.

Technology transfers take place mainly through international trade and foreign direct investment. Firms import intermediate goods and capital equipment that include foreign technology. Multinationals transfer technology to their affiliates throughout the world by foreign direct investment. Inbound FDI may produce positive productivity spillovers through interactions between the multinational affiliate and local firms, worker turnover or improved management practices.

Emerging markets and developing countries often implement tax holidays or tax exemptions in special economic zones to attract FDI. These incentives erode the tax base. Also, it appears that tax incentives often have no effect on the investment decisions of multinationals. Instead, institutional quality in a target country is more important for multinational investment.

Governments of developing economies should invest in education, infrastructure and institutions to facilitate the absorption of technologies from advanced economies. The provision of tax incentives to attract foreign investment is generally ineffective and depletes the tax base.

Promoting Entrepreneurship

Productivity gains and innovation also result from new firms engaging in experimentation and risk-taking. New firms expand the technology frontier by engaging in more radical innovations, while established firms are more likely to concentrate on incremental innovation to improve their existing products and processes. Competition from new entrants also spurs innovation by incumbent firms, especially in the technology sector.

Although business entry rates are typically higher in emerging economies, many of these new entrants are “necessity driven,” from economic need when alternative work opportunities are absent, rather than “opportunity driven” entrepreneurship, which is more closely related to innovation. An important development goal in many emerging markets and developing economies is therefore to increase the share of entrepreneurship that is driven by opportunity.

Tax incentives aimed at all small enterprises may merely serve as a disincentive for these enterprises to grow, as tax rates may increase sharply after the firms reach a certain size and lose the tax incentives. Innovative entrepreneurship can, however, be encouraged by fiscal policies that are targeted toward new enterprises rather than just toward all small enterprises. The entry of new firms can also be facilitated by tax simplification.

Conclusions

The IMF study concludes that good fiscal stabilization policies promote R&D and can help firms maintain spending on R&D during recessions. Governments should do more to promote R&D, and private investment in R&D in advanced economies should be increased by 40% (on average) to achieve efficient levels. This could increase GDP by 5% in the long term in those economies.

Governments can invest more in public R&D that could also advance the research activities of private firms. Research subsidies and tax incentives for private R&D can improve productivity growth. Some existing policies are not efficient -- for example, patent boxes may not stimulate R&D efficiently and may become part of aggressive tax avoidance strategies.

Technology transfer in developing economies requires better institutions, education and infrastructure. Tax incentives commonly used to attract FDI are largely ineffective. These economies should strengthen their capacity to absorb foreign technology by improving the human capital base and infrastructure.

Income taxes have only modest effects on business entry rates. Preferential tax treatment of small firms should be avoided as it may create a barrier to further growth of those firms. Tax relief targeted to new firms can, however, promote entrepreneurship and innovation.