Value added tax (VAT) and Debt Collection

 

Debt Collection Expert Speaks Out Regarding VAT and Debt Collection

 

 

Rory Higgs

There has been a lot of talk throughout the Bahamas recently regarding the implementation of VAT and the collection of taxes. While for the most part the talk and views expressed are from respected individuals who are experts in their respective fields, none of the persons can claim to be experts in the field of “debt collection” in general or “debt collection in the Bahamas” in particular.

Apex Management Services has been in business for over 15 years and is the only debt collection agency in the Bahamas that is capable of handling the full spectrum of debt collection with state of the art technology and resources that are all under one roof.

While there are several debt collection options that include; In-house Collectors, Internal or External Attorneys, Internal Call Centers, External Call Centers and Offshore Call Centers, none of the options are as efficient and effective as a Local Full-Fledged Debt Collection Agency, which can handle matters from start to finish without gaps. 

Some of the inherent flaws that are associated with the various collection options that often substitute for Debt Collection Agencies are as follows:

Internal Attorneys at best would function similar to an external attorney with the difference being that they would be more accessible. At worst an Internal Attorney would also have a focus on other duties, which would diminish the attorney’s role as a specialist with 100% focus on debt collection. Although Day Court is an option, as a matter of convenience, many civil matters, which fall in the Magistrate Courts jurisdiction, are heard in evening court, which would often necessitate odd hour for an internal attorney.

External Attorneys do not operate debt collection agencies; in many instances their main focus is to obtain judgment with little if any interaction with the debtor. Prior to obtaining judgment and after judgment is obtained; attorneys do not have the capacity to provide the care and attention to each and every individual account. In most cases attorneys will bill the client after judgment is obtained and the client is still left to collect the amount of the claim.  Many matters handed to attorneys go uncollected long after the attorneys have been paid.

Onshore Call Centers are on the opposite end of the spectrum from Attorneys, in the debt collection process. While Onshore Call centers are extremely good at interacting with debtors, they have no enforcement capabilities. If a call center operator is dealing with a debtor who is not cooperating or refuses to pay, the call center has no recourse but to send the debt back to the client who will most likely send it to an attorney thus creating a time and process gap, when time is of the essence.

Furthermore Call Centers have no capabilities to locate debtors whose whereabouts are unknown (Skip Trace) even though a large percentage of bad debt matters require Skip Tracing. At best, Call Centers are only suitable for early stage debt not late stage debt.

Offshore Call Centers have the same disadvantages as Onshore Call Centers plus the following added disadvantages.

Communication and Culture - In most cases Offshore Call Centers operate in countries where there are cultural differences that are often subtle but significant. This is compounded when English is not the native language or where patois is predominant.

Geography – Psychologically if a debtor senses that there is some significant distance between the call center operator and themselves they are less likely to cooperate or pay.

Speaking from experience gained working with a major commercial bank that implemented an offshore call center option that failed miserably, Offshore call centers or Offshore Collection Agencies do not work.

The differences that a properly equipped and professional Debt Collection Agency such as Apex makes to the collection process that none of the above options can provide are as follows:

•          Principal has over 30 years of Credit and Collection Experience.

•          Principal is an accomplished Fellow and Member of the largest International Debt Collection Trade Association. ACA International, the Association of Credit and Collection Professionals.

•          Agency has been in operation for over 15 years

•          Easily accessible well-maintained and spacious offices conducive for customer service.

•          Adequate telecommunication technology and operators to handle thousands of calls daily.

•         Auto-dialers, which exponentially increase the calling and communication capacity of the call center.

•         SMS technology which exponentially increases the communication capacity of the call center.

•          State of the art Collection Management Software capable of handling unlimited number of accounts with integrated financial accounting, diary management and many additional features.

•          State of the art Legal Case Management Software

•          24/7 client web access

•          Skip Tracing Database and Skip Trace Network

•          In House Attorneys that are 100% dedicated to debt-collection-litigation.

“International financial institutions, such as the World Bank and International Monetary Fund (IMF), have propagated a conventional wisdom that revenue collection authorities are more effective when they operate autonomously from the state, as a commercialized entity at arms length from government rather than as a department within the government administration”.  (Source: Preconditions for Effective Tax Collection, By – Economic Policy Research Unit, Bergen Norway)

A growing number of U.S. states are expanding their relationships with private collection agencies to settle long-overdue taxes.

Her Majesty Revenue & Collection (HMRC) has outsourced some of its debt collection to external agents. Following a pilot, a notice entitled ‘Modernizing debt collection’ was released explaining that four debt collection agencies will be employed by HMRC to collect an outstanding £140 million of outstanding tax debt. (Source: HMRC sends in debt collectors for unpaid taxes. By-Nick Lodge, Director of debt management and banking HMRC.)

In Spain alone more than 800 companies specialize in collection of outstanding debt, handling a total of 71 billion euro and generating close to 560 million euro for their business. (Source: DBK, “Empresas de Gestion de Impagados)

With an obvious eye on an opportunity to capitalize on the existing situation, a number of over-night debt collection vendors are beginning to surface without any experience or capacity to perform at a level that would be required.

It would be a shame if we as a country succumb to the temptation to award debt collection contracts based on patronage rather than on merit, at such a time when our country’s financial wellbeing is at stake.

March 28, 2014

Media Contact: Rory Higgs  
Phone: 424-0985 (Cell)

Email: rhiggs@apexbahamas.com

 

Viable alternatives to Value Added Tax (VAT) ...and ways to increase revenue ...and ultimately ...reduce The Bahamas debt

The Democratic National Alliance (DNA) on, "The VAT Story"

 

While the Bahamian people stare down the barrel of the government’s proposed Value Added Tax (VAT) due to be implemented in July 2014 we remain uncertain of what to expect will come out of that barrel – we just know it won’t be good.

Aiding in the confusion we feel as the date rapidly approaches is the inconsistent statements of the Prime Minister who one moment speaks of the inevitability of VAT and the next seems to plead for an alternative from the business community. More recently the Prime Minister blames the financial mess left behind by the FNM for forcing his hand to introduce a tax that he said he took the International Monetary Fund (IMF) to task twice over pressure to implement.

The Prime Minister’s statements in reaction to public statements of former PLP Cabinet Minister George Smith and more recently former Central Bank Governor James Smith have only served to cement the fact that our country has no direction.

A week after James Smith, now chairman of CFAL and a consultant to the Ministry of Finance, said that he is a proponent of VAT but believes a lower rate would satisfy international credit ratings agencies and be more palatable for the private sector, the Prime Minister agrees and says he clearly must take Mr. Smith’s advice into consideration. We know from the Prime Minister’s comments last week that he is concerned for his and his party’s political future as he doesn’t want “young men like Halkitis and Khaalis Rolle sitting in the meeting with me to lose an election because I don’t question you (IMF) on what you’re telling me I should do?” Do they really “Believe in Bahamians”?

A government who truly cared about Bahamians would have first come to the Bahamian business community and sought a solution before trying to ram a tax down the throats of Bahamians despite knowing the inflation and economic regress it has caused in many other Caribbean nations.

The Democratic National Alliance has, over the past months proposed viable alternatives to VAT and ways to increase revenue and ultimately reduce debt. We believe it is more than capable of being accomplished and we have outlined these suggestions in the DNA’s Three Point Plan to Prosperity.

The DNA believes firstly: We can achieve efficient government operation, consistent of proper collection of existing taxes, constraining the growth of government spending and limiting government borrowing to a percentage of revenue, introduction of a national procurement agency, privatization of Water & Sewage, Bahamas Electrical Corporation, Bahamasair, implement a proper Freedom of Information Act, enforcement of the Public Disclosures Act, introduction of Whistle Blowers Act and elimination of cronyism projects and perks.

The DNA believes secondly: We have tax alternatives, consistent of implementation of goods & service tax between 5% and 7% levied at point of sale, reduction of duties to 10%, reduction of government subsidies to tourism related by 50%, land tax above certain nonperforming acreage and withholding tax applied to education.

The DNA believes thirdly: We can grow the economy by making the business community successful, through a reduction in cost of electricity (14c per KWH in power generation 3c per KWH in distribution), reduction in the prime rate by 50%, reduce cost of capital through structured elimination of exchange controls, diversification of the Bahamian economy, incentives to the small business sector, empowering working Bahamians through increasing the minimum wage to $7 per hour and making available ownership of crown land through a National Land Bureau.

We believe that through consultation with the public and private sector together with measured and decisive leadership we can not only turn the economy around and reduce the debt but create an economy that will bring prosperity to more Bahamians. After all, isn’t that what good governance is about – making life better for Bahamians?

Branville McCartney
Leader
December 1, 2013

The Bahamas Government Declares Its Intention to Prepare a White Paper on Proposed Sweeping Reforms to the Nation’s Tax System

The existing tax regime can no longer serve the purpose of the expanding Bahamas 

Tax Review Nears Completion

 

By Candia Dames

Nassau, The Bahamas

May/24/04

 

 

 

The Government of The Bahamas intends to prepare a white paper on proposed sweeping reforms to the country’s tax system, according to Minister of State for Finance James Smith.

 

“The existing tax regime can no longer serve the purpose of the expanding Bahamas and I think it ought to be reformed to reflect the realities and one of those realities is that The Bahamas is essentially a service industry, yet we are getting most of our revenue from taxing goods,” said Minister Smith, who was a guest on the Love 97 programme “Jones and Company” Sunday.

He added, “We need a broader base tax for goods and services and this is something that I’ve been looking into, and will be looking into over the next two or three years if God spares my life - and if I am still in this position.”

Minister Smith said he is awaiting a report from a group of consultants, which is reviewing the tax structure and formulating recommendations for change.

The Value Added Tax (VAT) experts, from the U.K-based Crown Agents group, arrived in The Bahamas several weeks ago to carry out the review.

Minister Smith said VAT or GST (Goods and Services Tax) seems to be the logical form of taxation that the Bahamas should adopt.

In introducing a VAT, the government is likely to reduce some of the existing duty, he pointed out.

“So it would call for rate rebalancing because we have to recover [those funds] somewhere else,” Minister Smith said.  “So what we will do is broaden the tax base to include goods and services.  In that way, we can reduce the rate on goods and use a much smaller rate on services.  The Value Added Tax, if we go that way, also has provisions for tax credits.”

Everyone who is eligible to engage in this form of taxation would have to become registered taxpayers, he said.

Minister Smith explained that they would all have to have an independent tax number, probably tied to National Insurance, that identifies them straight across the board.

While noting that the government “is not re-inventing the wheel here”, Minister Smith also said “there is still a lot of work to be done.”

More than 100 countries use the Value Added Tax system.

Asked if there is a fear in raising taxes, Minister Smith said there is a belief among some people that the rate of taxes being imposed in The Bahamas are sufficiently high to do what the government has to do.

“However, the leakages are also so high that before we raise more rates or even enlarge the tax base, let’s make a really, really Herculean effort to see if we can plug those leakages and see exactly what is the maximum that we’re getting out of this.  Your first attack should try and stop as many leakages that you can.”

The 2003-2004 budget contained no new taxes, but a number of revenue enhancement measures, including a plan to plug leakages.

The budget also projected a deficit of $122 million, but Minister Smith has indicated that the deficit will be more than $30 million higher, given that the government paid out $24 million in unbudgeted salary increases for public servants.

A recent report from the Central Bank of The Bahamas indicated that the deficit at the end of this fiscal year is expected to be about $147 million.

But Minister Smith noted that in international terms, the country’s budget deficit is “not that huge.”

“The important thing about a deficit sometimes – more important than the size of it – is the direction of it,” Minister Smith explained.  “Are you doing anything to try and curb it because it means beyond a certain point you’d get in a sort of debt dynamics where it becomes even more difficult.

“It spins out of control and then you really have pressures to do some things that people don’t like – devaluations, cutbacks etc.  So, our deficit is manageable, but I think we need to continue to do things to stop it from growing.”

He also commented on the National Debt, which, according to the Central Bank stood at $2.369 billion at the end of 2003.

“Right now, The Bahamas is in an envious position in terms of its debt,” Minister Smith said.

He pointed out that about $1.7 billion of the debt is domestic – with a substantial portion of that being owed to government-related entities.

“So if [we] run into a difficulty and [we] have to reschedule, it would not be difficult to do because [we] would be dealing with local institutions,” he said. “We go further south in the Caribbean and we’d find countries where 80 percent of the debt is foreign and [they’re] really in trouble.”