It is an incontrovertible fact that the income gap among Pakistanis has been gradually widening and trend of rich becoming richer and the poor, poorer is gaining strength. Generally, analysts have attributed it to economic policy, but they have neglected the impact on income distribution of tax revenue losses generated by the underground economy.
Virtually all types of hidden incomes arising from vast and widespread underground economic activities escaped tax regulations and this should be considered as an important cause for the widening of Pakistanis' income gap over the last 20 years.
It is true that as long as taxation exists, tax revenue losses will not completely disappear, but such losses can be reduced considerably by employing counter-measures effectively. It is high time that our government should start attacking underground economic activities to reduce tax revenue losses. This work cannot be done solely by reforming the tax administration. In order to effectively reduce tax revenue losses, multi-sector participation and comprehensive coordination by and among different departments of the federal and provincial governments is needed to curb underground economic activities.
The introduction of feasible and effective counter-measures requires removal of the causes that generate black money and taxpayers' non-compliance. The theory of economics of taxation tells us that critical factors determining taxpayer's compliance level include benefit incentives, social pressures and a self-regulating mentality.
The established causes for taxpayers' non-compliance are:
-- selfish non-compliance, ie taxpayer makes a cost benefit analysis with regards to tax non-compliance and then decides that this course of action can generate greater net gains for him;
-- non-compliance through ignorance, ie taxpayers do not intend to violate the tax laws, but choose so because of their ignorance of tax obligations; and
-- social non-compliance, ie taxpayers' behaviour is influenced by the attitude of the whole society towards approving tax avoidance and evasion.
Keeping in view the above factors, the following major counter-measures are suggested to reduce tax revenue losses:
1. Selfish non-compliants should be tackled from economic perspective. Taxpayer should be considered as an economic person and the following formula should be applied:
Expected returns of tax evasion = expected gains of tax evasion minus the expected cost of tax evasion.
Applying the above formula it is necessary to reduce taxpayers' economic earning arising from the underground economic activities and tax evasion. Even a more important step would be to devise measures to enhance the taxpayers' cost of evasion.
Regarding the former, reducing the undesirable tax incidence from the weaker sections of society is both desirable and urgent. At present, the tax penalties are not very high vis-à-vis tax evaders (instead they get tax amnesty schemes frequently to get their untaxed money whitened at a nominal rate of 5% to 10%). The critical matter is to reform the entire tax collection system preventing tax dodgers from going underground. As regards the latter, the first important issue is to strengthen tax administration raising the potential of discovering non-compliant taxpayers. The present situation in Pakistan is very weak as far as effectiveness of tax administration is concerned. Besides increasing cost of evasion for the taxpayers it is imperative to enhance penalties of underground economic activities.
2. The most disturbing aspect of Pakistani tax system is weak enforcement, whereas FBR's stance has always been that fault lies with tax legislation. It is a proven fact that the promulgated laws are not enforced effectively and whenever any shortcoming is pointed out, FBR stalwarts blame tax laws. The evidence of this attitude reflected in 2001 in the promulgation of Income Tax Ordinance, 2001 which has proved a useless venture having contributed nothing to ensure voluntary compliance and increase in collection of taxes. The mere promulgation of new laws cannot ensure enhancement of tax revenues-the greater need is to reform tax structures and improve attitude of tax collectors. In Pakistan, one never hears of prosecuting tax evaders sending them to prisons for their illegal acts. This confirms extreme slackness on the part of tax administrators and/or their connivance with tax dodgers. Instead of punishment, tax evaders are given generous waivers, immunities and amnesties encouraging them to generate more underground economy, which is getting larger and larger with every passing day. Reluctance of tax collectors to crack down on underground economy players needs proper investigation so that ways are suggested to ensure that in future this unwillingness or collaboration ceases to exist.
3. The predominant cause of non-compliance in Pakistan is based on conscious non-acceptance of tax obligations because of collective societal consensus that rulers lack credibility. The State has never bothered to promote tax culture through educating masses who have never been informed of their duties towards the State, nor are they convinced of proper utilization of taxes by the Government. There exists a relation of bad faith between the taxpayers and the State which needs to be addressed through a process of reconciliation. A new social contract is needed to convince the citizens that taxes paid by them would be utilized exclusively for the benefit of the country and not for providing a life of luxury to rulers and the civil/military bureaucracy. The fundamental solution to promote tax culture is to popularize knowledge of the law through education, media and information services, enhancing the citizens' awareness of the need to pay tax raising their status to compliant taxpayers and thereby promoting the idea that paying taxes is an honour whereas evading taxes is a national disgrace. This is indeed a difficult task requiring a long period of time to change the people's perception but to do this work and do it as soon as possible is indispensable if we want to survive as a self-reliant nation.
4. The task of attacking the underground economy and forestall losses of tax revenue, the most important and radical channel is deepening of reforms. Conventional formulae and half-hearted attempts will not work. The State will have to show its political will to crack down heavily on the underground economy. All tax reforms, which were initiated vigorously by obtaining loan from foreign donors, failed in uprooting black economy and eliminating its causes. Our State is presently controlled by corrupt politico-administrative structures where people having tremendous money power are the key players. How can the agenda of tax reform succeed in isolation? The need is to purge society, make all financial transactions transparent, eliminate money power and corrupt administrative structures. Only then can colossal losses of tax revenue be successfully restrained.
The emphasis on tax reforms without tackling the issue of taxing underground economy, will bring more hardship for the common people of Pakistan as in their frenzy of collecting more taxes the incidence of taxation would be shifted to the poor and the vulnerable while those who enjoy invincible money power (generator and protector of underground economy) will remain outside the ambit of tax obligations.
The state has to give up its policies of appeasement towards plunderers of the national wealth and tax evaders. The foundations of corruption and rent-seeking activities of the State functionaries have to be destroyed with full force otherwise tax reform financed by huge loans would become another national wastage.
Tax-to-GDP ratio can only be improved significantly if the process of economic reform, especially elimination of underground economy goes hand in hand with tax reform agenda - first of all making FBR an independent and autonomous body insulated from all kinds of outside pressures. Once the government shows determination of cracking down on the underground economy, the citizens would certainly reciprocate by voluntarily paying their taxes diligently and honestly. This can be the only way towards controlling and eliminating losses of tax revenue in Pakistan.
In the past, the National Accountability Bureau (NAB) has only been victimising political opponents of its mentor rather than cracking down on those who are engaged in massive tax frauds and evasions with the connivance of their friends in tax machinery. People of Pakistan want to see NAB actually nab all the tax evaders and looters of national wealth, especially those who make enormous money by selling plots allotted to them at nominal rates in Defence Housing Societies, at extravagant prices and yet not pay a single penny as tax (though this constitutes 'adventure in the nature of trade' and is chargeable to tax under the Income Tax Law).
(Concluded)
(The writers, tax lawyers and partners in HUZAIMA & IKRAM (Taxand Pakistan), are Adjunct Professors at Lahore University of Management Sciences.)