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Saturday, July 25, 2015

TAXATION IN NEPAL

Nepal is least developed and land-locked country, situated between two neighboring economic powers India and China. These two neighboring countries are trying to achieve two digit economic growth rates but our growth rate is still less than five percent. Our economy is characterized by high population growth rate 1.4 percent (CBS, 2011), low GDP growth rate 4.5 percent (Budget Speech, fiscal year 2010/11), low per capita income is $ 490 (CBS, 2011) and low rate of capital formation. Now about 25 percent of the total population has remained below the absolute poverty line (CBS, 2011). Many infrastructure of economy are failed due to decade insurgency, like other developing countries in the world. Nepal has been suffering from resource constraints, massive poverty, rapid growth of population, increasing frictional and seasonal unemployment and poor infrastructure despite over five decades (56 years) planned development efforts.
Prime concern of every nation of the world is rapid economic development and Nepal is no exception to this. A lot of money has to be spent to achieve maximum national objectives. Either to pay regular expenditure or to do development works, government required revenue. To mobilize and utilize all the available resource and to achieve maximum national objectives, government required large amount of revenue. Total expenditure is increasing at faster rate than increase in total revenue. The problem of bridging this gap has become the main issue in the country. The source of government revenue can be classified into two categories: External source and internal sources. External source consist of Bilateral and Multilateral Grants and Loans. External source are uncertain, inconvenient and not good for the healthy development of the nation in case of high dependency because they have be too paid after a certain time. If foreign loans are not mobilizes properly or misused, it becomes burden for the country and it can push the country into debt trap crisis. So it is better to mobilize internal sources rather than depending upon external sources. In our country Nepal, the budget deficit is mainly fulfilled by the external debt. But we are not able to mobilize the debt in appropriate manner. It is said that our country is pushed into debt crisis at present situation. The outstanding public debt reached almost 60 percent of the GDP; the debt serving ratio accounts for about 4 percent of GDP and the per-capita loan is almost Rs. 9000…..public sector debt is more alarming … As the misuse of borrowed funds and decision making is wide spreads with regard to project all over the nation, other things remaining the same, there are symptoms of Nepal steadily falling into debt trap (Sharma, 2004)
Tax is the compulsory contribution to the government and made without reference to a particular benefit received by the tax payer (Goode, 1984). It is personal obligation to pay tax and there is no direct relationship among tax, benefit and individual taxpayers.
The prime objective of taxation policy is to promote economic growth, equity, stabilization and efficiency. These objectives are closely related to the economic development of a country. Therefore, the developing countries have to accelerate their economic growth rates, to achieve this goal, the government needs various types of resources and huge financial as well. Two types of resources are undertaken i.e. internal and external; both are mobilized by the government. However, the internal sources are more preferable to external one for sustainable economic development.
The internal source consists of tax and not-tax revenue. The tax revenue is received as compulsory payment where as the remaining is conditional. The non-tax revenue includes duties, fees, penalty, fines and forfeitures, receipts from sales and rent of government property, principal repayment, donation and miscellaneous income. The tax revenue includes both direct tax and indirect tax such as income tax, sales tax, custom duty, excise duty, revenue from land and house registration etc. Hence, tax revenue is major sources of the internal revenue as well as the macroeconomic fiscal instrument of the government.
In the context of Nepal, the share of non tax revenue is very low as compare to the tax revenue in our total revenue structure. The contribution of non-tax revenue is 10.90 percent and tax revenue is 89.09 percent in total revenue collection in last fiscal year 2010/11 (Economic Survey). So there is no particular better alternative solution of taxation, it is a key instrument to bridge the resource gap and for resource mobilization but there is greater need of improving tax structure in Nepal.
Thus, there is a greater need of improving tax structure in Nepal. This need becomes more appreciable when we see the higher tax ratio to GDP in developed country. This has generated the strong believe among the economist that the present tax ratio in Nepal is very low that can be increased substantially and would be a solution of resource problem. Moreover, how this ratio can be raised and in what magnitude the present tax structure is able in raising revenue becomes a subject matter of study.
In such background, there is urgent need of new policy, program and political solution, so that we can enjoy political stability, good governance, stop corruption, utilize all the available resources and get a high rate of GDP growth. Thus keeping these all in mind, this present study seeks to review the structure of taxation during the study period and attempt is made to estimate responsiveness and productivity finding elasticity and buoyancy coefficient to analyze how much increase in tax revenue due to automatic action of built-in-elasticity effect and some due to the effect of discretionary change of Nepalese tax system
 Statement of the problem
To what extent, it is possible to improve the revenue mobilization from the existing structure and responsiveness of Nepalese tax system? This is of course, the subject matter of this study. However, before going to this analysis it is important to know the key issue that is the inherent problem in the Nepalese tax system.
Nepalese taxation system is suffering from different inherent problem like increasing resource gap, dominant of indirect tax to total tax revenue, dominant of tax revenue in total revenue, low responsiveness and productivity of tax yield, growing reliance on foreign loans, low tax-GDP ratio, weak tax administration, low level of voluntary compliance, narrow tax base, high tax rate, inelastic tax system, wide spread tax evasion and frequent change in tax rates.
In Nepal, resource mobilization is still poor that does not cover the requirement of the government. Nepal has facing the serious problem of resource gap. Internal and external borrowing fulfills the gap. This has been one of the major fiscal problems of Nepal. The resource gap is widening continuously with the total increment of total expenditure in respect to the total revenue collection. The resource gap Rs.797.2 million in fiscal year 1975/76 was further widened to Rs.16.40 billion in fiscal year 2010/11 (Economic Survey). To bridge gap between expenditure and revenue: internal and external loans are based in Nepal’s case; because there is increasing reliance, especially on foreign loan for deficit financing so that increasing outstanding debt the repayment of principle and interest are also increasing each year and again necessities for further borrowing. Hence, our economy is circumscribed by debt trap. Therefore, special emphasis needs to be given to mobilize internal resource in order to meet the resource gap. Despite the various measures adapted by Government of Nepal to boost the revenue collection then still exists substantial gap between revenue and expenditure

Tax and non-tax revenue is major source of internal revenue. Tax structure of Nepal is massively dominated by indirect tax. Indirect tax is regressive in nature, which is not justifiable on the ground of equity and progressiveness but there is dominant role of indirect tax revenue in Nepalese total tax revenue. The contribution of indirect tax and direct tax to total tax revenue is 79.40 percent and 20.60 percent respectively in Fiscal Year 2010/11 (Economic Survey). So that it has been a problem to bridge gap between the rich and poor, as Nepal is dependent in indirect taxes. 
The tax administration in Nepal is very weak. There is a lack of specialized revenue service while a revenue group was created within the Nepal administration service in 1992/93. There is still a long way to go in order to develop a specialize revenue office, lack of physical facilities and incentives provided for revenue officials are limited. The situation of local tax administration is very worse. Thus, the base of Nepalese tax system is very narrow both legally as well as administratively.
The level of voluntary tax compliance is very low. The tax conscious has yet to be developed among the Nepalese. This may be due to the illiteracy complicated tax procedure, the low cost of non-compliance etc.
Thus, resource mobilization will be justified only when there would be no increase in the tax rates and legal base. Internal resources are mobilized by improving efficiency of tax administration. This requires identifying the potential range of taxation and expenditure that would be apparatus to reduce the resource gap. Trends in external and internal borrowings must be examined to understand the overall impacts of resource mobilization on narrowing down the resource gap

 Objective of the Study  
The main objectives of the study are:
a)      To examine the trends of resource gap in Nepal.
b)      To examine productivity and responsiveness of Nepalese tax system by estimating elasticity and buoyancy coefficient during the period from fiscal year 1990/91 to 2010/2011.

 Review of Literature
 Theoretical Review
Tax is defined as a compulsory contribution to the government made without reference to a particular benefit received by the taxpayer. The primary purpose of taxation is to divert control of economic resources from taxpayers to the state for its own by households and enterprises but influences the allocation of economic resources, recognizes social costs that are not reflected in market prices, and affects the distribution of income and wealth  (Goode, 1984).
The relation between taxation and economic development has long been a matter of concern to policy makers. The primary purpose of taxation is to divert control of economic resources from taxpayers to the state for its own use or transfer to others. Taxation not only restraints total spending by households and enterprises but influences the allocation of economic resources, recognizes social costs that are not reflected in market prices and affects the distribution of income and wealth (Bird and Oldman,1990).  
Taxation is used as the main policy instrument for transferring resources to the public sector. It can also assist in creating an atmosphere within which the private sector operates in conformity with national objectives. From the efficiency viewpoint, it can be said that taxes provide the best means of financing the bulk of public expenditures (Shende, 2002). Equity, efficiency, and administrative feasibility are the three major principles of tax design of any economy. For developing countries the most important role of taxation is to mobilize the resources for development. As an instrument of resource mobilization, its principal function lies in raising the volume of public savings to be used for capital formation consistent with the growth of saving in the economy as a whole. The quantitative role of tax policy for the mobilization of development finance may be considered in two aspects: static and Dynamic (Tripathy, 1978).
While designing the tax policy, the widely accepted principle is the principle of equality. It implies that those with equal abilities to support government, should pay equal amounts and that those with unequal abilities, should pay different amounts bearing a reasonable relation to their abilities. The former aspect is often called horizontal equity, the later vertical equity; the equality aspect of taxation is directly concerned with ability-to-pay principle, which is primarily a matter of economic capacity that can be measured by income, wealth or consumption (Goode, 1984, Musgrave, 1959, Due and Friedlander, 1994, Musgrave and Musgrave, 1989).
The proposition of Hicks and Josep says that direct tax minimizes tax burden more than indirect tax. So, direct tax is superior to indirect tax. But in industrialized/developed/ advanced countries, direct tax (such as income tax) is superior. In developing and underdeveloped countries, indirect tax is appropriate than direct tax. In those countries, the income level of people is very low. The source of income is not fixed but changed with time. Most of the people live in subsistence level. Therefore, to impose direct tax is not justifiable. Direct tax is easily felt. It increases dissatisfaction among the people. That is why; in those countries indirect tax is important source for collecting tax. This indirect tax is included in price of the commodity, its burden cannot be directly felt and hence there is less possibility to increase dissatisfaction among people. Luxurious goods and the goods, which are injurious to the public health, should be taxed at high rate, normal goods should be taxed at medium rate and necessaries should be free from tax.
Luxurious Goods: High Rate Tax
Normal Goods: Medium Rate Tax
Necessary Goods: Low Rate Tax /No Tax
But structure of indirect tax should be changed along with the change of economy. In order to analyze the effect of indirect taxation on the attainment of the goals of developing economies, J.F.Due has given a development model and according to this model, there are four dominant goals in most developing economies:
a)      Acceleration Growth
b)      Attainment of an accepted pattern of income distribution
c)      Efficient allocation of resources and
d)     Price stability  
These goals can be attained by the means of governmental revenue and government expenditure structure. Government can formulate tax policy and government expenditure policy as to achieve these goals or objectives. In most of the developing counties government is still regarded as the primary instrument to achieve these goals or objectives.
This model says that the rate of economic growth defined as the annual increase in per-capita real income is function of its five determinants and economic growth in affected by these determinants.     
i.e t, r, v )
Where,  
Y = economic growth
= the rate of capital formation
= The incremental capital–output ratio
t = the technological change
r = increase in quality and quantity of other resource
v = general environment
The actual coefficients of these determinants will vary-with the circumstance of the country and are difficult to ascertain with accuracy (Due and Friedlaender, 2002).
The two popular concepts frequently used by researcher and academicians in measuring the responsiveness and the productivity of taxes in a tax system are the concept of 'Elasticity and Buoyancy'. The tax elasticity and the buoyancy of a tax system are commonly known as automatic stabilizers. If a tax system is elastic (i.e the value of elasticity is more than or equal to one) then the tax system is called stabilized and there is no need of any corrective action by any external authority for the smooth functioning of the tax system (Dahal, 1983)
 Empirical Review
Vito Tanzi (1976), in his article “The sensitivity if the Tax Yield of the U. S. Individual Income Tax and Tax Reforms of the Past Decade” on the IMF staff  paper has written that his study estimate three coefficient: (i) Elasticity and flexibility of taxable income  (TI) with respect to adjusted gross income (AGI), (ii) Elasticity and flexibility of tax revenue (T) with respect to adjusted gross income (AGI)  and (iii) Elasticity and flexibility of tax revenue with respect to taxable income (TI). He concludes that in between 1963 increased largely because of change in the rate structure. The elasticity of T with respect to TI rose over the period from about 1.1 to 1.2. This led to increase in the elasticity of the T with respect to AGI from about 1.4 (in 1963) to about 1.5 (in 1972). It implies that the erosion in the real value of the basic exemption and of the standard deduction associated with a continuous of the recent inflationary pressures and the consequent possible decline of the elasticity of TI with respect to AGI should not have of an effect on the overall elasticity if the tax . In the absence of further tax reform, the tax yield should continue to growth at a much faster rate than nominal income.
V.G. Rao (1979), published a book “The Responsiveness of the Indian Tax System” (1960/61 to 1973/74) has studied the responsiveness of Indian tax system during the period 1960/61 to 1973/74. He examines of the aggregative union and states tax structure and of selected individual taxes with respect to change in national income and their closest bases. He found that the built-in flexibility 0.833 for the first period 1951/52 to 1957/58 and 0.8271 for the second period 1960/61 to 1973/74.
Dahal (1983), has studied various aspect of Nepalese tax structure for the period 1952/53 to 1981/82 in general and 1964/65 to 1981/82 in particular. In this period  the overall elasticity of the total  revenue equals almost unity (1.01), for indirect, it is marginally higher than unity (1.02) compared with the elasticity of direct tax (0.68) and  the elasticity of tax revenue is 0.92 reflecting the tax system less responsive to change in income. But the buoyancy coefficients for the same time period are 1.54 for total revenue, 1.52 for the tax revenue, 1.63 for indirect and 1.23 for direct taxes. Among the individual taxes the elasticity of sales tax is highest (1.96) followed by income tax (1.38), import duties (1.05), export duties (0.77), and land tax (-0.04). The buoyancy coefficient for sales tax is again highest (2.56) followed by the excise duties (2.23), income tax (1.86), import duties (1.79), export duties (1.14) and land tax (0.31) .These figures imply that the inelasticity of taxes in the tax structure of Nepal is primarily concentrated on land tax, export duty, import duty, excise duty and to some extent on income tax.
Guru Gharana (1993), published an article “Weakness of the tax policy and tax structure in Nepal” has found that the elasticity coefficient of total revenue is 0.495 for the period 1974/75 to 1983/84 and 0.581 for the period 1974/75 to 1988/89. For the same period, buoyancy coefficients are 1.365 and 1.281 respectively. Except for contract tax (1.898) and sales tax (1.053) the elasticity of remaining taxes i.e. customs, excise, income, hotel, entertainment, land revenue etc. are either extremely low (for below unity) or negative where as the buoyancy of all taxes except land revenue are above unity. This high buoyancy but low elasticity shows that the government is engaged in imposing high rates on a few taxed commodities and regressive nature of the tax system.
Mani Nepal (1995), in his study “Structure and Responsiveness of Nepal’s Tax System” and examined Nepal’s overall tax structure for the period 1968/69 to 1992/93 measured responsiveness and productivity of tax yields, identified major problems of Nepalese taxation and provided appropriate tax policy recommendation. His study indicate that the overall elasticity of total revenue on Nepal’s tax structure for the study period is 0.64 elasticity coefficient for tax revenue, non-tax revenue, direct tax, indirect tax are:0.511, 1.135, 0.135, 0.614 and 0.4756 respectively. As the elasticity of selected group of taxes other than non-tax revenue are less then unity, the tax system as a whole could not be considered elastic and responsive to national income. Elasticity of indirect taxes (0.61) is almost four times than that of direct tax (0.14), which is, the greater challenges for the Nepalese Fiscal authorities who wants to increase the share of direct taxes. We are mostly depending upon indirect tax, which is regressive in nature. Similarly the overall buoyancy of total revenue is 1.209 and that of total tax revenue, non-tax revenue, direct tax, indirect tax and income tax are 1.163, 1.1415, 1.001, 1.210 and 1.197 respectively. This high buoyancy and less elastic of total tax revenue are attributed to the additional government effort to raise the tax revenue. On the basis of the suggested recommendation and earlier analysis, he developed a tax mechanism model which gives the summary of the overall tax mechanism in an economy.
Timsina (2007), published an article “Tax Elasticity and Buoyancy in Nepal: A Revisit” and studied elasticity and buoyancy coefficients during the sample period 1975 to 2005 in which she took the principles objective of the study as to introduce the concept of elasticity of  tax, to estimate the elasticity and buoyancy of tax in Nepal for the period, to seek the difference between buoyancy and elasticity of tax in Nepal, -to investigate whether the results obtained through traditional approach and the partitioning approach are similar of different and, -to ensure whether or not the tax system in Nepal is elastic. She found that elasticity coefficient of total revenue, total tax revenue, excise duties, import duties, income tax, and VAT are 0.59, 0.51, 0.49, 0.54, 0.41 and  0.55 respectively and buoyancy coefficient are 1.14, 1.12, 0.98, 1.05, 1.37 and 1.15 respectively.


Research Methodology
Taxes for the purpose of present study are taken to mean any compulsory payment without any direct quid-pro quo. Accordingly, revenue sources of government of Nepal, as are shown under the heading of custom duties, excise duties, import duties, sales tax (VAT: under the sales tax or VAT, contract tax, Air flight tax, hotel tax, entertainment tax has been taken and before 1997 VAT is called sales and after VAT itself) which was considered as indirect tax. Whereas income tax, land tax, registration tax are taken as direct taxes. Remaining sources of revenue like fees, dividend, and penalty, fine are considered as non-tax revenue.
To attain the objective of this study consider eleven different categories of revenue heading including tax revenue and non-tax revenue. The following eleven  tax heads are  taken as dependent variable which  are regressed  with  a single independent variable GDP(Gross Domestic Product) and their component while estimate  elasticity and buoyancy  coefficient .
Dependent variables                                  Independent variables
1. Total Revenue         (TR)                       Total GDP (at current price)
2. Tax Revenue           (TXR)                    Total GDP (at current price)
3. Non Tax Revenue   (NTR)                    Total GDP (at current price)
4. Direct Taxes            (DT)                      Total GDP (at current price)
5. Indirect Taxes         (IDT)                     Total GDP (at current price)
6. Income Taxes          (IT)                        Total GDP (at current price)
7. Sales Tax                 (ST)                       Total GDP (at current price)
8. Custom Duties        (CD)                      Total GDP (at current price)
9. Import Duties          (IMD)                    Total GDP (at current price)
10. Export Duties        (ED)                      Total GDP (at current price)
11. Excise Duties        (EXD)                   Total GDP (at current price)



 Source of Data
Most of the data used in this study are secondary data published by such as various issue of "Budget Speech" and, “Economic Survey”. The other sources of data are various publications of CBS, NRB and WB reports .This study is based on the time series data for the Nepalese Economy from 1990/91 to 2010/11.

 Measurement of Responsiveness of Taxes
In order to estimate elasticity and buoyancy accurately it is necessary to separate discretionary changes from the tax revenue series. Experts have used several methods to separate automatic and discretionary changes in tax revenue systems. For the effective use of the other methods suitable data on legal tax bases and simple tax structure for necessary adjustments are not available in Nepal.
There are various methods like, Constant Structure Method, Divisia Index, Dummy Variable Method and Proportional Adjustment Method. But due to the nature of data of developing countries, we mostly preferred Proportional Adjustment Method. In this method there are three another method, these are Prest method, Sahota method, Chand and Chellia method. In present study, SAHOTA METHOD has been used to separate the discretionary changes from the tax revenue series due to its simplicity. This is accompanied in two steps. Firstly, a preliminary series of adjusted tax yields is prepared by subtracting from the actual yield.
For each year, the estimated amount attributed to the discretionary change in that year. Secondly, the “adjusted” series  thus obtained  is further refined by using the formula given  below to form a "final" series  which excludes  the continuing  impact  of each  discretionary  change on  future years so that the elasticity of a given tax structure in the base year may be established.
Symbolically,
Where,
             ITt = Adjusted or net tax yield at time t

            ITt-1=Adjusted or net tax yield of previous year (t-1)

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