Wednesday, December 9, 2015

PROLIFIC ERROR MAKERS

FROM BUSINESS WORLD OF 5 FEBRUARY 2006


Manage your expenditure


It is that dreaded month, February. While his potential victims shiver in anticipation, the finance minister has just finished rubbing shoulders with the high and mighty of the world and returned invigorated by the bracing air of Davos. He has finished chastising the developed nations for taking away investment funds from developing countries, and can now concentrate on chastising the developed people of India.
It is not a prospect they fancy, for they have rich experience of P Chidambaram’s taxing predilections. Almost a decade ago he invented the service tax, that bane of many small advertising agencies and accounting offices; it was clever of him to leave his brother lawyers out of it. A year ago he freshly minted two new taxes – the cash withdrawals tax and the fringe benefits tax. Typical as it is of the taxes he invents, both taxes are more trouble than they are worth. Cash withdrawals tax (CWT) is easy to evade, and would fetch little, especially after the relaxations he gave. The fringe benefits tax (FBT) has imposed enormous administrative costs on companies that have to pay it, and created new opportunities for corruption.
As a result, the finance minister’s stock with taxpayers is not very high at the moment. There are two versions of his prebudget meetings with industrialists last December. According to one newspaper, a dozen of the 30 invited did not turn up. According to the same newspaper the next day, he had actually invited a dozen less than usual, dropping the biggest names. Attendance at his meetings would not be an accurate indicator of his popularity, for even the richest – especially the richest – taxpayers would not wantonly take the chance of annoying him. Those that did turn up told him what a nuisance FBT was. It is not the only nuisance. The tax authorities’ insistence on tax deduction at source has forced even small landlords to seek registration, with all its attendant harassment, and no doubt led many of them to prefer taking rent in cash. The fear of contact with the taxman is a powerful incentive to tax evasion.
There are signs that he is aware of the unpopularity. In an effort to counter it, the Central Board of Direct Taxes (CBDT) has promised to give rich taxpayers red carpet treatment, and to set up plush reception centres for them in tax offices. But given the choice, they would rather not visit the taxman at all. They would prefer taxes that are few, easy to calculate, difficult to contest and free of harassment.
Much can be done to make them so: the number of taxes can be reduced, the rules can be simplified, and they can be made fairer. What is the logic in charging taxpayers astronomical rates of interest on tax delayed, and giving them nothing or a pittance on tax refunds or on excess taxes paid? This is an especially sore point with corporate taxpayers, for tax officers are set collection quotas by their superiors, and are in the habit of ringing up taxpayers and asking them to deposit taxes far in excess of what is due. One indicator of the ubiquity of this evil practice is the tax refunds that are given in April-June every year. In effect, the finance ministry shows a fictitious figure for the annual rise in revenue, and then quietly brings it down when no one is looking.
It is remarkable that Mr Chidambaram is so well qualified to clean up tax rules and practices, being a lawyer, but has never used his talents to do what he would be best at. Everyone knows how busy he keeps; but somehow he has not found time to do something that would leave his mark on the ministry, something that harassed taxpayers would remember him for. He could still do so.
He may well argue that he is doing the job he has been given by his Prime Minister, his government, and his allies – which is to raise lakhs and lakhs of crores for poorly monitored programmes for the poor. But there are intelligent and stupid ways of raising money as well. FBT and CWT belong to the latter category; taxpayers would thank the finance minister if he abolished them and just notched up income tax by a point or two.
However, this country is coming to a point that advanced countries reached years ago. They decided that stability in the tax regime was more important than raising a few crores here and there. So their tax rates hardly ever change; and new taxes are unheard of. The art of their finance ministers lies in making the best use of the revenue they are going to get. It is time the finance minister left taxes alone, and improved his control on expenditure.