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February 2009

investment climate

IN PRACTICE
BUSINESS TAXATION
no. 2

Linking Business Tax Reform


with Governance Max Everest-Phillips

Richard Sandall
How to measure success
Max Everest-Phillips (M-Everest-
Phillips@dfid.gov.uk) is the Senior

Why should business tax reform aim for better governance? This Governance Adviser of the Growth
and Investment Group in the
note highlights the significance of firms’ willingness to pay taxes in United Kingdom’s Department
the context of state-building—both as an end in itself and also as an for International Development
(DFID). He leads DFID’s Tax Task
essential component of sustainable investment climate reform. State Team on the importance of taxa-
legitimacy, taxpayers’ willingness to pay (based on their intrinsic “tax tion for international development.

morale” and the translation of taxes into public goods and services), Richard Sandall (R-Sandall@
dfid.gov.uk) is the Private Sector
and the effectiveness of tax administration are integral to any tax Adviser in the Investment Climate

system. This note suggests diagnostic steps to measure key influences on Section of the Growth and Invest-
ment Group in DFID and is a
taxpayers’ willingness to pay, offering a baseline for judging progress on member of the Tax Task Team.
the sustainability of all tax reforms.
This note is one in a series on
business taxation reform. It was

Business taxation as Good governance delivers good tax systems. developed under a joint program
governance Revenue collection depends on efficient of DFID and the World Bank
administration, trust in government, and Group’s Investment Climate
Governance and taxation are mutually political stability. Without these pre-conditions, Department (CIC) business taxa-
reinforcing. Governance shapes tax systems, fair, effective, and efficient tax systems are
tion product team, which helps
while how taxes are raised influences the difficult to develop.
governments implement effective
creation of effective state institutions and the
dynamics of the investment climate and Better tax systems deliver better governance. tax systems to spur investment
economic growth. Investment climate reforms How states obtain revenue affects the quality of and economic growth.
of the tax system should aim explicitly at a their governance. Sound and fair domestic
virtuous circle: taxation that reinforces both taxation systems promote good governance The IN PRACTICE note series
state legitimacy and institutional effectiveness, because raising tax efficiently requires the
discusses practical considerations
which in turn improve tax compliance by consent of the tax-paying population. The
and approaches for implement-
increasing taxpayer consent and reducing the process of political bargaining between
costs of tax coercion. government leaders and taxpayers legitimizes ing reforms that aim to improve
taxes and the state in the eyes of citizens, the business environment. IN
The linkages between governance, taxation, increases the state’s capacity to collect and PRACTICE is published by the
and the investment climate are reflected in administer taxes, and strengthens the Investment Climate Department of
three key dynamics: accountability of government to its citizen-
the World Bank Group.
taxpayers. Governments then have the incentive to Fiscal social contract. Acceptance of the obligation
promote broad economic prosperity. Negotiation to pay tax empowers parliaments, civil society
with taxpayers leads to better public expenditure (including business associations), and the media to
policy. play an essential role in scrutinizing government
revenues and expenditures.
Governance and tax systems shape the invest-
ment climate. Developing country governments Accountability. Tax compliance depends on
often depend on narrow tax bases and coercive tax the confidence of the taxpayer that tax revenues
Factors in collection. The often small formal sector typically will be used fairly. Confidence is built through
Analyzing bears heavy financial and time burdens in comply- transparency.
Quasi-Voluntary ing with tax obligations. These burdens create a
Compliance strong disincentive to investment and participa- Politics. Unless the political process creates
tion in the formal economy. Dominant enterprises citizens’ willingness to pay tax, politicians have no
Structural may be politically powerful vested interests with incentive to broaden the tax base to non-taxpaying
❏❏ Fiscal constitution: the capacity to secure tax exemptions. Micro and voters (called the “Devil’s Deal”).
legitimacy as consent to small firms can disappear into informality. As a re-
sult, medium-sized businesses may emerge as the The state also creates an instrumental willingness
pay tax.
most politically crucial constituency for fair and to pay tax by delivering the services needed by its
❏❏ Trust in government:
effective tax reforms. Middle-sized companies, in citizens. Tax compliance is low in many developing
perceived justice and environments where they shoulder a dispropor- countries where citizens neither believe govern-
fairness. tionate share of the tax burden, are potentially ments act in their interest, nor trust the state to use
❏❏ Cultural and social most concerned about effective public services and revenues wisely. In Latin America, for instance, less
norms: attitudes to rule have the capacity to mobilize politically. However, than 25 percent of the population believes taxes are
where they suffer the disproportionately heaviest well spent. Such lack of trust perpetuates a vicious
of law.
tax burden, middle-sized firms have little incentive circle—low trust undermines a weak legitimacy
❏❏ Corruption: informal tax
to grow the economy and every incentive to break of the state in the eyes of citizens, making tax
substitutes for the formal. up and try to disappear. This undermines growth collection less cost effective, necessitating more
❏❏ Systemic factors: for prospects and broad-based political mobilization coercive tax collection that further undermines
example, high tax rates, by the private sector. trust and reduces the likelihood of the efficient
the total amount of the provision of public goods and public services.
tax take, and compliance State legitimacy matters to
the private sector “Quasi-voluntary tax compliance” extends the
costs. concept of legitimacy from both the intrinsic
Individual State legitimacy is a fundamental influence on and instrumental willingness to pay tax to the
❏❏ Norms and values: these intrinsic willingness to pay tax, also called “tax taxpayer’s overall perception of fairness of the
morale.” Business-owners as citizens will actively tax system. Taxpayers will evaluate taxation: i) in
shape the citizen’s view of
seek to avoid paying tax to a state they do not believe providing public goods that benefit the citizen
the state. efficiently (at a reasonable cost); ii) in legitimately
in. The more legitimate a state is in the eyes of its
❏❏ Perceived risk of and effectively exercising state power; and iii) in
citizens, the less a regime requires coercion to raise
detection: cost/benefit tax. An increase in trust in government increases reflecting legitimacy in the tax authority’s powers
ratio of evasion. citizens’ tax morale. Business tax reform programs of enforcement (not unaccountable coercion)
❏❏ Skill base: formal can too easily focus on technical fixes; that is, they and capacity to make all taxpayers shoulder their
target the detailed design of taxes rather than the fair burden. The actual level of tax compliance is
employment opportunity.
political attitudes toward paying taxes. These links the combined outcome of the intrinsic and the
Private Sector between legitimacy and business tax morale matter instrumental willingness to pay tax, along with
❏❏ Labor market: ease for the sustainability of any tax reform. taxpayer acceptance of the level of tax burden and
the effectiveness of enforcement.
of work in informal
Tax is at the institutional roots of legitimacy for
economy.
four key reasons: How to tackle business tax
❏❏ Sector-specific: for
reform as state-building
instance, degree of Representation. Paying taxes encourages collective
competition. participation in and oversight of government through The following six steps address the operational
participatory democratic institutions. implications of applying the tax-as-state-building

IN PRACTICE BUSINESS taxation 2


approach to improving governance, growth, and compliance is also shaped by governance capacity
the investment climate. in the tax authority’s enforcement capability,
which has two dimensions: i) taxpayer acceptance
1. Understand the politics of taxation. Tax is of enforcement as a legitimate and effective
always highly sensitive, and it draws attention exercise of state power (tax morale), and ii)
to the political power of vested interests. Tax perceived fairness and effectiveness of the tax
structures represent the outcome of the political authority based on the taxpayer‘s experience and
process—good technical solutions are not perceptions of the extent of other taxpayers’ levels
enough. For instance, political choice limits tax of compliance. These factors can create a virtuous
simplification; the more advanced democracies circle of mutually reinforcing trends towards
have the most complex tax systems. consent and higher effectiveness, or a vicious

2. Analyze quasi-voluntary compliance. This


Diagnosing Quasi-Voluntary Compliance
analysis should include relevant factors at the
structural, individual, and private sector levels
Step 1: Assess Instrumental or “Cost-Benefit” Willingness to
(see sample list of factors, opposite page). The
Pay Taxes
factors can be based on taxpayer perceptions
(such as trust in government and perceived risk high Limited Effective and consensual
of detection), systemic characteristics (such as the consensual compliance
compliance;
tax rate), and actual market dynamics (such as the ineffectual
degree of competition). Taxpayer
enforcement
perceptions of
utility of public
3. Diagnose the potential willingness to pay goods and low No voluntary Effective but coercive
services compliance; compliance
tax. How taxpayer attitudes to the state influence ineffectual
willingness to pay tax is the least understood but enforcement
most fundamental dimension of compliance. This
dimension emerges from taxpayers’ assessment low high
of the overall quality of governance at the
instrumental and intrinsic levels (see figure). Taxpayer perceptions of costs of evasion/risks of coercion

At the instrumental level. Taxpayers assess


government capacity to deliver the fiscal social
contract—the instrumental side of governance in
providing essential public goods such as security Step 2: Measure Intrinsic or Voluntary Willingness to Pay Taxes
and core services such as infrastructure, health, (Tax Morale)
and education.
high Limited High voluntary compliance
voluntary
At the intrinsic level. Taxpayer perceptions of the Taxpayer compliance
legitimacy of the state, called tax morale, combines perceptions of
political acceptance of state authority, the perceived state legitimacy low No voluntary Limited voluntary compliance
compliance
fairness and effectiveness of state institutions, and
trust in public institutions and officials. low high

The development of the fiscal social contract Taxpayer perceptions of the fairness of the tax authority
depends on the tax relationships with small
and medium-sized businesses. How SMEs and For each step, determine a low/high level along each axis in the grid, and then locate the
quadrant that reflects the intersection of these scores:
the informal sector develop social responsibility
to pay taxes will shape their political incentives Step 1 determines the taxpayer cost-benefits of compliance (the likely benefits from the
to mobilize around taxation and compliance. resulting provision of public goods) and the possible risks (detection/fines) from an
Broadening the tax base means politicians must effective tax authority;
tackle the “Devil’s Deal.”
Step 2 measures taxpayer perceptions of the fairness of the tax authority combined with
general acceptance of the legitimacy of the state.
4. Diagnose quasi-voluntary compliance.
As shown in the figure, the degree of actual The overall outcome (the combined outcome of Steps 1 and 2) is the level of quasi-
voluntary tax compliance.

IN PRACTICE BUSINESS taxation 3


Objectives of Tax Reform Design to
Strengthen Governance
fairness of the tax system. Survey results clarify the
Transparency extent of quasi-voluntary compliance, revealing
❏❏ Constrain the discretion of tax collectors and reduce corruption the governance issues underlying tax reform and
by publishing consistent and accessible tax regulations, rates, and offering a baseline for measuring progress.
procedures. When higher compliance strengthens effective
enforcement, a virtuous circle of mutually
❏❏ Foster public-private dialogue on tax through a formal process of
reinforcing taxation and governance emerges,
private-sector engagement with government on tax policy. enabling tax authorities to focus attention
❏❏ Create visible links between taxes and expenditure; compliance rates efficiently on high-risk categories of taxpayers.
increase when citizens and firms know how taxes are used. These types of surveys are well established for
❏❏ Conduct taxpayer education and outreach—including to small Organisation for Economic Co-operation and
business and the informal sector—on the benefits of working in the Development countries, but are nascent in
developing country contexts. However, surveys
formal economy, and strengthen incentives to do so.
may be controversial in countries where the
❏❏ Change perceptions through improved outreach, services, and
political contest is oppressive and tax authorities
public-private dialogue to engage the private sector in the reform are unwilling to invite criticism of their integrity,
process from the outset. public acceptance, and effectiveness.
Accountability 6. Pay attention to micro and smaller enter-
❏❏ Ask business and taxpayer associations, along with parliament, the prises. Small and medium-sized enterprises are the
media, and civil society, to participate in tax policy formulation and missing link from narrow tax bases with widespread
implementation. informality and weak citizenship to effective,
❏❏ Make tax administration accountable through a complaints and
legitimate democracies constructed on broad-based
tax systems. The development of the fiscal social
appeals procedure.
contract depends on the tax relationships with
Fairness smaller firms. How these firms and the informal
❏❏ Broaden the tax base and reduce exemptions to increase sense of sector develop social responsibility to pay taxes will
justice. shape their political incentives to mobilize around
taxation and compliance. Broadening the tax base
Effectiveness means politicians must tackle the “Devil’s Deal.”
❏❏ Simplify law, regulations, and administration where possible.

Conclusion
circle of increasing coercion, higher collection
The World Bank Group’s Investment
costs, and declining effectiveness of the tax system. Effective, efficient, and equitable business taxation
Climate Department (CIC) is the op-
requires the private sector’s willingness to pay
erational center for IFC’s Business En- 5. Conduct taxpayer perception surveys. taxes. Business tax reforms depend on governance
abling Environment Advisory Services Understanding attitudes towards the level of tax context and contribute to improving it. Measuring
and FIAS, the multi-donor investment morale, the effectiveness of the tax authority, perceptions affecting the governance aspects of
climate advisory service. CIC assists the
and the resulting extent of compliance provides taxation is an important diagnostic, offering a
an essential diagnostic of the political realities baseline for building a culture of tax compliance.
governments of developing countries
for reform. It also offers a baseline for measuring Based on the diagnostics and survey results, tax
and transition economies in reform- progress on all aspects of tax reform success, not reform design should promote transparency,
ing their business environments, with least on tax morale and state legitimacy. Attitude accountability, fairness, and effectiveness (see box,
emphasis on regulatory simplification and perception surveys of current and potential above left).
and investment generation. The find- taxpayers identify perceived weaknesses in the
ings, interpretations, and conclusions
included in this note are those of the
authors and do not necessarily reflect
the views of the Executive Directors of
the World Bank or the governments
they represent.

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