The Bahamas Supports a Fair, Transparent, and Balanced International Tax Regime

The Bahamas is fully prepared to engage with the UN to shape a tax system that ensures transparency, justice, and sustainable development

Nassau, The Bahamas - November 26,2023 — The Bahamas supported the United Nations Resolution on the Promotion of Inclusive and Effective International Tax Cooperation at the United Nations.  We recognize the approval of this resolution as historic, promoting equity in global tax administration and seeking to establish a framework convention on tax which could ultimately move decision-making on global tax rules from the OECD – a small club of rich countries– to the UN.

The United Nations’ decision to endorse a more inclusive tax governance framework marks a profound advancement for global economic and tax policy—a cause The Bahamas has long championed.  This development closely reflects our comprehensive report to the UN Secretary-General, advocating for a fair tax system that embraces the diverse fiscal landscapes of all nations and particularly supports the economic realities of developing countries.  Enclosed is the communication from the Prime Minister to the UN Secretary-General.

Our commitment to maintaining the highest tax compliance standards is unwavering, and this historic moment is a testament to our dedication to overcoming the inequities propagated by current tax policy frameworks and institutions.  We have consistently emphasized the need for a reformed global tax structure that honours the sovereignty of nations like The Bahamas, which have been disproportionately affected by the Global North’s biased policies.

The Bahamas is fully prepared to engage with the UN to shape a tax system that ensures transparency, justice, and sustainable development.  We pledge to lead and advocate tirelessly for policies that protect the economic interests of all countries, with a focus on those historically sidelined in global tax negotiations.  The Bahamas will draw on our experiences to support a fair, transparent, and balanced international tax regime.

Source 

Bahamians are Suffering in The Bahamas, Prime Minister Davis!

An Open Letter to Prime Minister Davis on Bahamian Suffering 

The cost of running The Bahamas is placed entirely on the backs of those least able to afford it, the wage earners, the poorest of us.

Dear Mr. Davis, 

You have spent much time lately talking about inflation impacting the high cost of living here in The Bahamas.  It is striking to me that for the most part, you and the majority of your class are completely immune from the realities facing MOST Bahamians. 

Most Bahamians do not have the luxuries you do.  Perhaps you have earned these luxuries.  Yet, I would argue that living paycheck to paycheck, uncertain of what tomorrow will bring economically, should not be the fate of most Bahamians in 2023, in a relatively rich country. 

Yet, these are our realities, Mr. Davis, not yours.  So, how can you say you and your party truly “represent” us?  How can you say we are all in this together? 

Even more important, is what you are not saying regarding the dire situation The Bahamas faces as a whole; in the collapse of our standard of living, rising crime, a 100% debt to GDP ratio, millions of dollars leaving our coffers on a daily basis to pay off loans which were taken out solely to cover up the corruption, theft, inefficiency and incompetency of our political class. 

This is before we confront the very real and near term costs associated with climate change mitigation.  Let me be direct here, Mr. Davis, most of our social problems stem directly from the regressive and odious taxation policies here at home. 

I am claiming that, above all else that is going on in the world, our own taxation scheme is what is causing the pain and suffering here in The Bahamas.  You have not mentioned this, as far as I know. 

Instead, you focus on things we can do nothing about.  There are things we can do here and now that would be game changers for our standard of living and hopes for our children's future. 

All this talk of Duty, VAT, NIB contributions, rising fuel and electricity costs, business licenses, of hiring people to go around as “price controllers”, is utter nonsense.  These are diversionary tactics to hide the real villain. 

Trickle down economics, upon which the premise of our taxation scheme is predicated, has proven to be an utter intellectual fallacy.  This experiment has failed everywhere in the world.  Why do we still cling to this lie that if we don't tax the rich our economy will prosper and everyone will be better off? 

The cost of running The Bahamas is placed entirely on the backs of those least able to afford it, the wage earners, the poorest of us.  Here in The Bahamas, we have taxation exactly backwards.  Rich people can come to the Disney World of the Caribbean, our Bahamas, and live virtually tax free.  No tax on their income.  No tax on their business gains, no real property tax, to speak of.  Is this fair? 

All taxes placed on businesses, are passed along to the consumer, the poorest of us.  With this recent FTX scandal, what stood out to me was not the level of criminality involved.  What really struck me was how willing we were to take Sam Bankman Fried's ill-gotten money and use it for frivolous political contributions, sports stadiums, high end real estate, yet not use a penny of it to ease the burdens of most Bahamians. 

Before a Bahamian wage earner's money is touched by the Bahamian government, we need to agree upon and implement a fair, reasonable and Christian way of taxing our people.  A progressive income tax is one way.  Taxing those best able to pay. 

Arguing against this is can only work with those uneducated and ignorant of fiscal and Christian thinking.  Regressive taxation, as we have here, is in the same category as defending marital rape.  

Smart, educated Christian people simply can't defend these policies anymore.  To ignore the very real social costs of our present taxation system is unacceptable. 

Our rising crime is economic in nature.  Poverty, homelessness, poor nutrition, poor educational outcomes, mental health issues, and suicide are all directly tied to our declining financial security. 

I maintain that it is not just poor household decisions which are at the root of these ills, rather they are a direct result of our unchristian, and unfair taxation of our people, by the political ruling class.  Until you are honest Mr. Davis, about the true causes of human suffering here in The Bahamas, you will only be a politician, never a leader. 

A true leader of the people would wish for the best possible outcome for all of us, and speak the truth.  A true leader would not support policies that benefit a select few, as you do now, who get richer by the day. 

If we are all truly in this together, the present status quo is unacceptable. Period.  You do not have to be a PhD. in economics to see what is going on here. 

That you do not have in your administration, even one bold, moral and intellectually honest member willing to speak to this matter, says wonders.  From my perspective, neither the PLP or the FNM, nor any other fringe party, has any hope of leading our country into the future. 

For all the talk of Christianity in this country, I find it absolutely incredible that we continue, in a methodical and calculating way, to place such unchristian burdens on the backs of those the bible refers to as, the least of us.  We are not behaving as a Christian country. 

Let's quit pretending, and claiming that we are a Christian nation, until we get our odious taxation system in line with Christian values.  Mr. Davis, the Bahamian people are only asking for fairness and decency. 

For too long we have accepted the short end of the stick, all for the benefit of the well-to-do and rich class, whom we refuse to tax adequately and fairly.  Until we make this substantial change of how we raise taxes to run this country, and pay our politicians, I can see no progress in our country that benefits the majority of the Bahamian people.  Until we fix our broken tax scheme, our social and fiscal ills will continue to get worse. 

Porcupine

Value Added Tax (VAT) Implementation: A Titanic Failure

The Democratic National Alliance:



The first week of Value Added Tax (VAT) implementation has been a proverbial nightmare for both businesses and consumers around the country. As expected, this Christie administration has again failed at the execution of a major policy initiative; and has, in effect, betrayed the confidence of the people of this country, yet again!

After being promised a reduction in the cost of living, Bahamians now face drastic increases on even bread basket items while seeing no increases in their salaries and no economic improvement. After being promised Mortgage Relief, thousands of already struggling homeowners are waiting with bated breath for confirmation on whether or not VAT will also be added to their mortgage payments. After being promised transparency in governance, Bahamians are forced to navigate this new environment without one very critical legislative element: A FREEDOM OF INFORMATION ACT!

The last seven days have proven that this government was ill-prepared for the implementation of the new tax regime. Since January 1, both social and traditional media outlets have been flooded with complaints ranging from the apparent lack of consumer protection to the lingering confusions and frustrations felt by a business community struggling to find its footing in the still murky waters of the country’s Value Added Tax laws.

Rather than a seamless, well executed application of the new tax, incomplete and sporadic explanations from government officials have left many to interpret the laws as they see fit. In fact, what few mechanisms were put in place to educate the public and mitigate against the challenges surrounding the new regime have failed miserably. The Democratic National Alliance has received countless complaints from Bahamians who have reportedly been unable to reach anyone at the government sponsored VAT hotline, both here in New Providence and on Grand Bahama Island. And what happened to the proposed government agency that is to be responsible for the collection of VAT revenue? Or the naming of the VAT Comptroller? Certainly, these administrative issues should have been addressed long before the implementation date. Unfortunately, recent media commentary from the Minister responsible indicates this LATE AGAIN government is still working to finalize those details.

While disappointing, the government’s handling of the entire VAT process is unsurprising. From the very beginning, the legislation governing the process was challenged, overly complicated and faced countless delays. Instead of using those delays to its advantage the government squandered the additional time, releasing the still UNFINALIZED DRAFT of the VAT Regulations just days ahead of the actual implementation.

Without question, VAT implementation thus far has been a failure of titanic proportions and this government which claimed it was ready to govern ON DAY ONE, is allowing our country to slowly sink.

January 08, 2015

Democratic National Alliance - Facebook

Value Added Tax (VAT) and Healthcare Cost in The Bahamas

Warning on VAT healthcare implications

GEOFFREY BROWN
Guardian Business Reporter
geoffrey@nasguard.com

Value-Added Tax (VAT) Private Sector Education Task Force Co-chair Jasmine Davis said yesterday that vatable healthcare will have “huge socioeconomic implications” for the country’s workforce if not readdressed by the government.

Davis told Guardian Business that the task force continues to push physicians and healthcare facilities to register for VAT to avoid incurring penalties, but stressed that the medical community will continue to lobby for exempt status simultaneously.

“Medical services as described in the act are essential services, and it has huge socioeconomic implications. What we don’t want to see is persons opting out of getting healthcare,” said Davis.

She pointed out that the tax on healthcare would not only affect lower-income households, and anticipated that businesses would shift the additional 7.5 percent of healthcare costs onto employees.

“What would result is that we would have a sicker populace, which means that people will not be working, which means that dollars will not be moving through the economy, which means that the amount of money that is expected to be derived through taxation will not happen,” she said.

Davis could not provide a figure for the number of healthcare professionals registered for the tax to date. However, she claimed that the sector is making good progress in registering.

Davis also reasserted that healthcare and education are benefactors of the VAT system in other jurisdictions that have implemented the tax.

“Funds from taxation are normally earmarked for healthcare and not the reverse, where healthcare is taxed to reduce the deficit,” said Davis.

The Ministry of Finance recently clarified that national exams and other education services will be exempt from VAT. Given these exemptions, Davis argued that healthcare was planned to be exempt from VAT up until the last revision of the tax’s legislation tabled in July.

November 28, 2014

thenassauguardian

No reduction in the excise tax to offset value-added tax (VAT) tax

Price hikes likely on price-controlled items after VAT

By K. QUINCY PARKER
Guardian Business Editor
quincy@nasguard.com

Auto dealers and likely other businesses that deal in price-controlled items may hike their prices by more than the proposed value-added tax (VAT) rate of 7.5 percent proposed by the government in order to compensate for losses incurred by VAT compliance.

As Bahamians contemplate the impending institution of a value-added tax regime, the Bahamas Motor Dealers Association (BMDA) is sounding the alarm about the ability of price-controlled industries to remain profitable given an already onerous tax burden.

“There are some misconceptions that even the government has,” said Automotive Industrial Distributors (AID) Ltd. General Manager Jason Watson.

The government, according to Watson, is assuming that in the case of the BMDA, prices will be able to be kept at the same level, and as far as price-controlled items, that is so. However, for a company like AID that also sells items that are not price-controlled, the price of those items will go up in order to compensate for the losses on price-controlled items.

“That’s just an economic fact,” he said. “There’s just no getting around that.”

In fact, Watson said the likely price hike will be more than the VAT rate, because dealers will be compensating for losses due to inventory devaluation, gross profit declines and the costs of VAT compliance.

Fred Albury, president of the BMDA and owner of Executive Motors, talked about the “very negative” effect of recent changes to the government’s tax regime on the cost of doing business, even before adding VAT.

“It started in 2010. The business license fee increased from 0.5 percent to 0.75 percent. That’s a 50 percent increase when you translate that into dollars and cents,” Albury said.

He explained that there had been a revaluing of properties for property taxes – whereas he had been paying $20,000 a year for his parts and services building, the cost shot up to $75,000. He said that for a showroom, which had been $4,000, he is now paying $12,000 a year.

“All of that goes as an expense to the bottom line,” he said.

“If I was paying $200,000 a year in business license fees, that went to $300,000 (using the formula given above). And on top of that, we’re under price control, so we can’t up the prices to absorb these additional costs.”

“We have some of the same issues [as Albury and the other dealers], being under price control ourselves,” Watson explained. “Vehicles, parts, paints, accessories – it’s all under price control. Whenever we receive a price increase in our business costs, we’re not able to pass that on to the consumer.”

Watson admitted that potential layoffs were on the table in the long-term.

He said that even if sales remain constant, costs will increase, cash flow will decrease, gross profits will decrease because duty will be applied at a lower level in the cost structure. Still, he expects that sales will decrease. And he said that while business at AID is good now, and no layoffs are predicted in the near future, with no alterations in the governments plans, the current business model is “unsustainable.”

The two appeared on the ZNS economy-themed talk show “You And Your Money,” which airs at 8:30 p.m. on Wednesday nights and is rebroadcast at 9 a.m. Fridays.

Watson talked numbers. Accounting software to be able to invoice VAT and file for returns is valued at $300,000, and loss of value on inventory and other matters means a loss of $1.4 million; it will cost his company $1.7 million to become VAT compliant.

Watson said that it will take him six months to be completely compliant, and Albury added that his company, Executive Motors, has more than 30,000 different part numbers that would have to be revalued individually in order to comply with the VAT regulations. Both men said it was impossible to be ready for VAT by January 2015. Albury admitted that he would have to seriously consider whether to remain in business if the VAT is to be implemented in the current iteration.

“Having it where the VAT is a line item, based on what you’re selling – that’s simple. I’m ready for that. But if they say it’s gotta be built into the pricing, I’ve gotta think twice about whether I can stay in business.”

The BMDA is part of the Bahamas Chamber of Commerce and Employers Confederation, and through the chamber’s Coalition for Responsible Taxation (CRT) has expressed its concerns about the impact of VAT in addition to the government’s tax and fee structure. It is understood that on three occasions, State Minister for Finance Michael Halkitis has declined to meet with the BMDA representatives. BMDA members have instead met with Financial Secretary John Rolle and economist Simon Wilson of the Ministry of Finance.

“The Motor Dealers Association has attempted to get some meetings with [Minister Halkitis] but was unable to do so,” Albury confirmed.

“We’ve made it known that its going to have drastic negative effect on sales due to the fact that there’s going to be no reduction in the excise tax to offset the VAT tax,” he said. “The impact to the consumer is going to be tremendous [in terms of] increases.”

September 18, 2014

thenassauguardian

The Democratic National Alliance (DNA) on Value Added Tax (VAT) in The Bahamas

The PLP Unleashes the VAT BOMB!

With Value Added Tax (VAT) now just 4 months away, the legislative arm of the government has only now completed debate on the laws which will govern tax reform in the Bahamas.  In just 132 days, scores of businesses will be forced to confront the impact of the new taxes on their profit margins, which has raised concerns about further job losses and a deferment of new hires in an already struggling national economy.

True to form however, this Christie led administration has waited until the 11th hour to table, debate and pass the legislation making any real preparation on the part of the local business community, nearly impossible.  Even as Wednesday evening’s debate wrapped, scores of Bahamians in various sectors of society remain unclear about how this new tax will truly affect their lives.

Most noteworthy however, was Mr. Christie’s absence from the actual vote.  Billed as the cornerstone of the Prime Minister’s plans for fiscal reform in the Bahamas, VAT will have long lasting and far reaching implications for the citizenry of this country; however the PM’s failure to be present when the bill was passed displays a lack of focus and calls into question his commitment to providing economic stability.

Over the past few days, the Democratic National Alliance (DNA) has watched ministers of government attempt to defend the need for VAT by blaming the former administration for the country’s financial woes. While the Free National Movement (FNM) indeed played a key role in the mismanagement of the nation’s wealth, it is not a pattern of behavior limited only to that party. Successive governments – including the first Christie led government – have spent recklessly, borrowed without restraint and sold for little gain, invaluable natural resources. Now however, hardworking Bahamian families and businesses have left holding the bag. We, the people are now being forced to bear the burden of additional taxes in an environment where government officials, their friends, families and lovers are exempt.

The DNA questions whether or not these very members of parliament who have defended this new tax system even consulted with residents within their constituencies. Did they acquire feedback? Did they genuinely listen to and seek to address the myriad of concerns being expressed?

Parliamentarians are representatives OF THE PEOPLE; chosen BY THE PEOPLE, to represent the INTERESTS OF THE PEOPLE. Elected officials are not simply put in power to push the agenda of any one political organization. Instead, they are mandated to outline the views of their constituents and ensure that the interests of those constituents are being served in way that pushes the country forward. If it is the intent of this administration to spark real progress, then Members of Parliament and Cabinet Ministers alike must listen to the voice of the electorate and make decisions which benefit the overwhelming majority.

After years of failing to adequately collect the taxes already on the books is this government really serious about reform or is this an easy way out solution? As has been recommended by countless local business leaders, the government must prove itself capable of recouping the millions already owed BEFORE they implement a new regime.

Before VAT, there must be a comprehensive and detailed education process, one which targets Bahamians at all educational, social, and economic levels to ensure that all Bahamians are fully aware of the impact of the new tax system.

Before VAT, the government MUST enact a Freedom of Information Act to ensure accountability at every level.

The country needs real leadership and good governance. The time for blind following and unwarranted political allegiances is OVER.

What are the Bahamian people saying about value-added tax (VAT)

VAT – Permanent failure for the government?

The subject of value-added tax (VAT) has stirred up quite a bit of discussion on social media and in the public sphere. In fact, the emails which I received were quite enlightening, informative and thoughtful. There were many more questions raised as a result and in this vein I propose to relate some of them today for consideration.

Has the Ministry of Finance been presented with alternatives to VAT? If so, did it do a proper evaluation of them? Will implementing VAT ensure that we improve efficiency and eliminate the potential for fraud with regard to government revenue collection? Why has the government operated with deficit spending for 18 of the past 21 years with the exceptions being 2000, 2001 and 2008? I should add that during the time I served in Parliament (2002 to 2007) this trend continued so I do accept responsibility for not speaking out and challenging my colleagues at the time on it.

To this end, we were either ill-informed or ill-prepared to understand the basic principles of running a government and derelict in our duties because we did not understand that successive governments could not go on spending binges without reaching a day of reckoning which is where we are today.

Why would the current Governor of the Central Bank of Barbados Dr. Delisle Worrell, call VAT an anti-tourism tax and the VAT system in Barbados a mess?

Are there lessons to be learned from Barbados? Merton Moore, who headed the VAT Implementation Unit in Barbados, calls it the “Rolls-Royce of taxes; treat it with intelligence, integrity, care and respect and it is likely to reciprocate”.

Will the government be bringing the VAT experts from Barbados, which is most similar in economy, culture and population to enlighten the public on VAT?

What spending cuts have been put forward as we prepare to implement VAT?

Clearly, all and sundry are aware that the government needs additional revenue. In fact, the government needs enough revenue to eliminate the deficit spending. This figure is close to half a billion dollars.

What mechanisms are in place to collect the outstanding hundreds of millions of dollars owed to the government now by taxpayers? Does anyone truly believe VAT will solve the economic issues that the country faces? Or will implementing VAT buy time with the international agencies to appear as if we are doing something to address our growing debt and deficit spending?

VAT fraud is a major concern for European countries that are well-developed and have a history of compliance. The Bahamas has a large underground economy, thousands of illegal immigrants who live outside of the law and a history of not paying taxes, and up to $400 million in uncollected taxes. How are we going to collect VAT? Further, there is the argument that every other country that has implemented VAT has used it as a slush fund to enable more spending and borrowing. What makes the Bahamas any different given our track record for running up debt?

Successive administrations have taken the easy way out and chosen to stick their heads in the sand and hope that things get better without adhering to the best financial principles for good governance. Political expedience was more likely a driving factor in the decision making and not fiscal prudence and responsibility as our current state of affairs makes the case for this argument.

The government has been lackadaisical and complacent in collecting existing taxes. Moreover, existing elected officials are setting a bad precedent by being blatantly delinquent on their own existing taxes and financial responsibilities to government agencies and corporations. This does not bode well for setting an example in a democracy nor does it help to champion an argument in support of VAT that is palatable to a majority of Bahamians. Implementing VAT without remedying the precursor is a recipe for lawlessness in the future.

Moreover, if the government is serious about tax reform, it would implement the policies of existing tax collection methods as an immediate priority.

In exploring expenditure reduction, has there been serious consideration given to public service mutuals as currently used in the United Kingdom? Also, would energy sector reform potentially raise a large revenue stream on a recurring basis for the government? How can we afford to give public servants increases in salaries when the government is operating at a deficit? In many countries around the world, governments have reduced salaries of public servants to reduce the recurrent expenditure in an effort to close the gap.

We have an indebtedness issue in the Bahamas. Eighty percent of persons with checking accounts in The Bahamas have a balance of under $1,000. Doesn’t this factor into an unsuccessful VAT system reality? Are members of Parliament visiting their constituencies to listen to what the Bahamian people are saying about VAT? If they were, there would probably be a different legislative agenda. Will it be that the $30 to $40 million coming as proceeds of VAT are used through Social Services where a debit card will be issued to persons in need, the pre-qualifier for issuance conducted through Social Services and in a way that is susceptible to politics? If such is forecasted then we know what outcomes to expect. VAT will take at least 7.5 percent out of the economy. Is there a corresponding increase in gross domestic product (GDP) of say 10 percent to compensate? I know that’s a big dream given the facts.

The harsh reality for The Bahamas of our current state of affairs is that our national debt has climbed from $1.1 billion in 1993 to approximately $5.2 billion at June 30, 2014. In the past seven years our national debt has more than doubled from $2.5 billion in 2007 to $5.2 billion in 2014. We accept that this cannot continue.

Further, from 2007 to 2014, the GDP of The Bahamas grew by only $1 billion. This means that in the last seven years we had stagnant growth along with excessive spending. Is VAT going to fix this problem? I put it to the ordinary person that VAT alone will not be enough. Moreover, we can find an alternative revenue stream to VAT, along with radical expense reduction and a real commitment to changing our reckless fiscal ways.

The Bahamian people want to see the government succeed but recognize that this means the government needs to operate with either balanced budgets or surpluses. If the current administration is not prepared to find and implement the solutions, which in my view do not have to include VAT, then it will be at their peril and further plunge this country into an abyss of failure the likes of which can be seen in many countries in the region.

• John Carey served as a member of Parliament 2002 to 2007 and can be reached at johngfcarey@hotmail.com.

August 08, 2014

thenassauguardian

Anyone who believes in freedom and democracy ...should protest and oppose the horrible provision of Section 64 ...in the revised Value-Added Tax (VAT) Bill

Qc Pledges Constitutional Challenge To The Vat Bill

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

A well-known QC yesterday said he is mulling whether to challenge the Government’s plans to prevent delinquent Value-Added Tax (VAT) payers from leaving the Bahamas before the legislation even becomes law.

Fred Smith QC, the Callenders & Co attorney and partner, warned that if the Government succeeded in getting Section 64 in the revised VAT Bill on to the statute books and enforced it, it would soon seek to apply similar ‘travel bans’ to defaulters on other taxes.

Arguing that Section 64 was akin to something “totalitarian dictatorships” would seek to implement, Mr Smith backed private sector executives who had warned it violated freedom of movement provisions in the Bahamian Constitution.

“I will immediately bring an action for a declaration that it is an unconstitutional provision in the law,” Mr Smith told Tribune Business, when asked what he would do if Section 64 was ultimately included as is in any VAT Act.

“I might even sue beforehand,” he added. “I am considering suing before it comes into effect. I call on anyone who believes in freedom and democracy to protest and oppose this horrible provision.”

As revealed on Monday by Tribune Business, the new Section 64 in the revised VAT Bill would allow the VAT Comptroller to prevent delinquent taxpayers from travelling until they pay off their liabilities in full or agree a settlement/payment plan that is acceptable.

The legislation states that persons owing the Government VAT monies “may not leave, or attempt to leave, the Bahamas for an indefinite or prolonged period of time” - although it does not attempt to specify the duration that would meet this criteria.

“Where the Comptroller has reasonable grounds to believe that a person liable to pay tax outstanding under this Act may leave the Bahamas for an indefinite or prolonged period without paying such tax, [the Comptroller] may] issue a certificate in the prescribed form to the Commissioner of Police and the Immigration director, requesting the Commissioner and director respectively to take such steps as may be necessary to prevent the person from leaving the Bahamas” until due payment is made, the revised Bill states.

Those who attempt to flee the Bahamas without making due payment will face either a $100,000 fine or imprisonment for up to a year.

Section 64 appears designed to prevent foreign owners of Bahamas-based businesses, as well as Bahamians, from running away from their VAT liabilities, but it could well spark legal action of the kind promised by Mr Smith.

Analysing Section 64’s impact as is, Mr Smith said; “Every Bahamian, permanent resident, work permit holder, and their children and families, can be stopped at the border and prevented from travelling - to go on vacation or conduct business - simply because it is alleged that they owe VAT.”

This, he added, was exacerbated by the “vagueness” of the ‘indefinite or prolonged period of time’ wording, and the QC added: “There are no rules or boundaries, and excess and abuse will reign supreme.”

And Mr Smith quickly warned that, if it was successful under VAT, the Government would likely extend the ‘travel ban’ to cover defaulters on other taxes.

‘The idea of being able to stop people from travelling because of alleged arrears of taxation under VAT means the Government can extend this to arrears of real property tax, National Insurance Board contributions, Customs Duties and real property taxes,” Mr Smith told Tribune Business.

“If this legislation applies to one tax, it can apply to any tax, and this kind of dictatorial approach to government will make Bahamians prisoners in their own country. If this clause is permitted to stand, each successive government will extend it to every form of taxation.”

Mr Smith added that Section 64 would effectively make Bahamians and residents “slaves of the taxman, who will be judge, jury and executioner all in one.

“Once they stop us from travelling, does that mean they’ll take us into custody until we pay the taxes? Where will it end?”

Mr Smith added that the Bahamas appeared to be “going backwards as a democracy, instead of forwards”, and warned that freedoms were often eroded by stealth, one stage at a time, if governments were allowed to get away with the first move.

Gowon Bowe, the Tax Coalition’s co-chair, told Tribune Business earlier this week that the restriction contemplated by Section 64 would likely violate constitutional rights relating to a person’s ability to move and travel freely.

He added that it had been “a sticking point” in the initial November 2013 draft legislation, and had now been ‘broken out’ and stated more explicitly in the revised legislation tabled in the House of Assembly last week.

And Mr Bowe, a PricewaterhouseCoopers (PwC) accountant and partner, said imposing restrictions on a person’s ability to travel should be the sole preserve of the judiciary and Bahamian court system, not a tax authority such as the proposed VAT Department.

“I am not sure that will stand constitutionally. It would run against movement and free movement,” Mr Bowe told Tribune Business.

“The focus should be on prosecuting those individuals, with their ability to travel restricted only by the courts. That should be purely a court function; that shouldn’t be the ability of the tax authority to restrict a person’s movement.”

Suggesting that the focus should be on prosecuting VAT delinquents, not taking away their travel and movement freedoms, Mr Bowe said the world was “too much of global society to impose something as outdated as that”.

August 01, 2014

Tribune 242

The value-added tax (VAT) implementation date nears ...despite the widespread lack of understanding about it in the Bahamian society

To Be Or Not To Be - Bahamians Want Answers On Vat

Tribune 242 Editorial:


BAHAMIAN businessmen are becoming more agitated as the date for the implementation of VAT nears with only reassurances from legislators that draft legislation as to what it will mean to them is on its way.

Gowon Bowe, a Tax Coalition co-chair, has urged that the proposed legislation be brought to parliament before it takes its summer recess.

“If we don’t do a lot in the next six to eight weeks,” he said, “we would be right back in the same situation we were facing when we were looking at July 1 as the implementation date, with the business community again saying that they don’t have enough time.”

Mr Bowe said that the business community has still not had “the critical elements. There is no legislation, no regulations on what will be exempt, or what is ultimately going to happen. We need to urge the Government to be proactive.

“There is a concern,” said Mr Bowe, “that time isn’t on our side in that regard. We understand that there was a lot going on in the Budget, but now that is out of the way, this is the most critical time in terms of our fiscal course of action. We have had some casual conversations with the Financial Secretary and he had indicated that they were just waiting on Cabinet now.”

John Rolle, the Ministry of Finance’s financial secretary, recently confirmed to Tribune Business that VAT preparation/readiness efforts were being delayed because they were waiting for “final directions” from the Government.

Government brought two tax experts from New Zealand — one of the few countries that has a good word to say for VAT – to advise legislators on its merits and how to implement it.

Dr Don Brash and Mr John Shewan, both closely involved in the implementation of New Zealand’s Value Added tax in 1985-86, could not emphasise enough the importance of an extensive education programme, both for business and the general public. It was this programme that was the secret of New Zealand’s success. Such a programme would be even more important for the Bahamas, a country, unlike New Zealand, that has no income tax, but relies solely on indirect taxation and trade tariffs. In other words, Bahamians in general are not tax savvy.

“The reason our education campaign was so successful,” said Professor Shewan, “was because there was a commitment to an 18-month educational programme, six months of which was prior to the implementation date, but the most important things happened 12 months after the implementation because there were a series of detailed explanation programmes targeted at all kinds of groups.”

Government, which had planned to implement the tax on July 1 —13 days ago — was forced to delay it to January 1 next year — six months away – because, not only was legislation not ready, but there was not enough time to discuss it with the business community or to educate the public. Soon, if government continues its thumb-twiddling, another delay for implementation will have to be announced.

In their report, the New Zealanders expressed concern “at the widespread lack of understanding of how a VAT would operate in the Bahamas”. They were also “concerned at the complexity of the VAT proposal as currently envisaged (obviously government’s first draft on their arrival). This complexity would lead to high compliance costs and potentially extensive abuse of the system,” they predicted. Hopefully, this complexity has since been simplified. The state of business in the country today can certainly not absorb high compliance costs.

It was explained that VAT was urgently needed, not only to expand government’s tax base, but also for the country to be eligible to join the World Trade Organisation (WTO). Having had to reduce its original 15 per cent tax proposal to 7.5 per cent, the government maintains that it cannot afford to also reduce Customs duties. If joining the WTO is its objective, then Bahamians can count on the VAT rate being increased so that the Bahamas – a non producing country — can qualify for WTO membership. Qualification means that all Customs duties have to be abolished. Government, while explaining VAT, should also explain in detail the advantages of the Bahamas having WTO membership.

Several months ago, Social Services Minister Melanie Griffin outlined how our sluggish economy has hurt those in the lower income brackets – the group with the potential of being the most affected by VAT. With the September opening of schools, Mrs Griffin said, there was a substantial increase in demand on Social Services to feed and equip children for school. At the time, she was being interviewed she said that 1,606 out of just over 3,500 children had requested uniform assistance.

There was also more demand for food stamps, a relief system that is growing, she said.

Mrs Griffin appealed to corporate Bahamas and private citizens to partner with government to assist children in need. Recently the 58-year-old Ranfurly Home for Children appealed for financial aid. Mrs Griffin said government would assist to make certain that the Home, which has cared for so many children sent by Social Services, would not have to close. She also said that her Ministry will have to step into the breach to assist those who might be severely affected by the implementation of VAT.

A few days ago, we were discussing VAT with a businessman who said that what his company had traditionally set aside as donations for the various charitable organisations and student scholarships would now go to VAT. This shift in donations will put an even heavier strain on Mrs Griffin’s Ministry. In other words VAT will force the public sector to curb its generosity.

No matter how we look at it, VAT is going to create a vicious circle, and regardless of how it is introduced, Bahamians will not be satisfied until the government demonstrates that it too is making substantial cuts in its unnecessary spending. Bahamians are not going to pay taxes to give government a licence to spend foolishly. 

July 14, 2014

Tribune242

Premature Value-Added Tax (VAT) rate increase announced

Vat Rate Rise 'Criminal' If No Compliance

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

A former Bahamas Chamber of Commerce president yesterday it was “criminal” for the Government to already be talking about increasing the 7.5 per cent Value-Added Tax (VAT) rate prior to getting the existing tax system’s compliance levels to 80 per cent.

Dionisio D’Aguilar described suggestions by John Rolle, the Ministry of Finance’s financial secretary, that the VAT rate would likely increase in “the not too distant future” as “premature”.

“It’s too early for them to say what’s going to happen or not,” he told Tribune Business. “They don’t know how much revenue it’s going to yield. It’s premature of him to say that.

“The Government has a lot of legwork to do to improve revenue collection and the enforcement of collection. It would be criminal for them to talk about increasing the rate before they’ve raised the compliance threshold. They should get it to 80 per cent before they raise the rate.”

Mr D’Aguilar added: “If we were to collect everything we were supposed to collect, we would not need the VAT, and it wouldn’t just be honest people paying the Government.

“The Government has to think about how they’re going to enforce compliance. They can’t keep increasing taxes or introducing new ones unless they collect the ones on the table.

“You talk to politicians about how to do it, and they skirt the issue all the time. They just don’t want to take tough decisions to implement collections. Talk to Perry Christie and John Rolle, and they have no answers.”

Given the problems the Government already has in collecting all the Business Licence fees, real property taxes and border taxes due to it, Mr D’Aguilar questioned how it would cope with VAT.

“People don’t pay unless you get vicious,” Mr D’Aguilar told Tribune Business. “Unless you crush that rock, I don’t think you can talk about increasing the VAT rate.”

Robert Myers, the Coalition for Responsible Taxation’s co-chair, yesterday told Tribune Business that fiscal reform had to “hold everyone’s feet to the fire”.

“Already the consumer’s feet are being held to the fire because we’re all going to be paying more in tax,” Mr Myers said, referring to the increased cost of living/reduced living standards that VAT will bring.

“Our position is that it cannot happen without government’s feet being held to the fire,” he added. “They need to be accountable for compliance and working towards a balanced Budget, and accountable for expenditure.

“That means expenditure control, as we’ve been living beyond our means. They’ve [the Government] been doing that almost year-over-year for the last 30 years.

“That’s where we’ve been very adamant that it’s got to be tough love. We don’t mind paying, but you in government have to be accountable, and have some control.”

Mr Myers agreed that much uncertainty surrounded the 2014-2015 Budget because its content was determined in the last 72 hours prior to the Prime Minister’s address.

“I think a lot of it has kind of been a bit unsure because the timing was not great,” he said. “We’re all guilty on that standpoint, but it couldn’t be helped. We moved as fast as we could.”

June 04, 2014

Tribune 242

The new value-added tax (VAT) proposal

Budget 2014/2015: Answering the questions on VAT

Last week, the prime minister of The Bahamas delivered his budget communication to the House of Assembly. As expected, the speech and details of the aforesaid communication attracted a lot of attention from the Bahamian people as we sought information and clarity on the plans of the government for the new fiscal year. Chief among our interests in the communication was the specific details on the proposed value-added tax (VAT) regime.

There is no doubt that we now possess more information on how VAT will be implemented in The Bahamas and some level of certainty has been provided to the private sector and the Bahamian public as a whole. In this piece, we take a look at what we now know, analyze some initial commentary and responses, as well as determine the questions that ought to be answered as we move toward the implementation of VAT.

The government’s position

After over a year of extensive deliberations, engagement of myriad experts, multiple reports commissioned by the various stakeholders and sometimes emotional debates on fiscal and tax reform, the government has specified that VAT will be introduced at one single rate of 7.5 percent effective January 1, 2015.

The announced positions were driven by consultations with the private sector and other stakeholders and reflected compromises on the part of the government after having proposed a standard rate of 15 percent, a special rate of 10 percent and an implementation date of July 1, 2014.

Additionally, it is anticipated that fewer exemptions than originally proposed will be granted and the Ministry of Finance will have the necessary resources by October 1, 2014. In this regard, the government ought to be commended for keeping its promise of working with the private sector and taking their concerns into consideration in making the final decision.

The new VAT proposal also entails a VAT-inclusive pricing system to simplify price comparisons by consumers and more favorable procedures for accounting and tax credits, as well as refunds to accommodate small businesses.

Based on the lower rate at which VAT will be introduced, there will not be a wide-scale reduction in import duties and excise taxes during this budget cycle. However, the government has indicated its willingness to revisit these taxes in the next fiscal year as The Bahamas moves closer to accession to the World Trade Organization.

The impact of VAT on government finances

The acknowledgment of the importance of curbing government expenditure and the deficient nature of our current tax system in the budget communication is welcomed.

It is hoped that this will translate into a calculated and focused effort to ensure a more efficient allocation of taxpayers’ funds and the effective collection of taxes by the government going forward. This is vital as the fiscal predicament of our country cannot and should not be addressed solely from the revenue side. The government must remain resolute in the implementation of its fiscal consolidation plan.

It was noted in the budget communication that tax revenue as a percentage of gross domestic product (GDP) for The Bahamas is expected to be about 17.1 percent in 2013/14 which is significantly lower than the global average and lags behind the regional norm.

According to the Organization for Economic Co-operation and Development (OECD), the average tax to GDP ratio in OECD countries was 34.6 percent in 2012. While this suggests that we have the capacity to increase tax yield to meet the demands on government, the rise ought to be gradual and calculated to ensure sustained economic growth and to avoid a distortion of the economy.

That being said, VAT is expected to only slightly enhance revenue yield by 1.5 per cent of GDP in 2014/15 based on the date of implementation, while other revenue measures outlined in the communication are expected to increase revenue by 2.7 percent of GDP in 2014/15 with a resultant improvement in overall tax yield as a percentage of GDP from 17.1 percent to 19.8 percent.

Are there any winners or losers?

It was recently reported that the Inter-American Development Bank (IDB) in its Caribbean Region Quarterly Bulletin had suggested that The Bahamas has “further worsened its potential” to be downgraded by one or two notches by international credit rating agencies due to the postponement of the implementation of VAT.

This report highlights the potential risks to the maintenance of our investment-grade rating and further drives home the point that has been reiterated over the last two years – that we need to urgently address the fiscal challenges confronting us as a nation.

The positive side in this discussion is that as we now know that VAT will definitely be implemented at the specified rate at a specific date; this should dispel any doubts in the minds of international rating agencies as to whether we will be proceeding with tax reform. When combined with the downward trajectory of our GFS deficit evidenced by a reduction in the GFS deficit to 5.4 percent of GDP in 2013/14 compared with 6.3 percent for 2012/13, international rating agencies should be comforted that the government is committed to fiscal reform; after all S&P had indicated earlier that our overall fiscal plan will guide any decisions on revisions to The Bahamas’ rating.

Against this backdrop, it is obvious that we cannot approach the issues of fiscal and tax reform from a win or lose perspective based on the interest group we belong to. Rather, we must seek the best formula and optimum strategy to address an issue of significant implications for our commonwealth.

It is difficult sometimes to understand the rationale for certain commentaries that appear to ignore this reality. The decision of the government not to carry out any wide-scale reduction of custom duties with the implementation of VAT, while it has invoked some commentary, could be understood in the initial implementation phase of VAT. It is often said that the devil you know is better than the angel that you don’t; hence, the government must exercise prudence and conservatism so as not to further worsen the country’s fiscal position in the event that actual revenues from VAT are not in line with projections.

The other important details

Now that we have the most important details on VAT, there is other specific information that should be provided as soon as possible to enable proper preparation for the new tax system. It is important that the full list of exemptions (which are expected to be fewer than initially proposed) is released.

In this regard, the discussions with sectors that will be impacted by this new proposal should be expedited by the government. While we do not expect wide-scale reductions in custom duties, the planned reductions should be communicated to stakeholders and the general public in a timely manner to allow for the necessary internal changes.

Industry-specific guidelines on VAT would also be very helpful in simplifying the information contained in the VAT legislation and assist businesses with VAT compliance.

Concurrently and in the lead-up to the implementation date, more information should be provided on the reforms to the social welfare system aimed at minimizing the impact of VAT on lower income families.

Finally, the proposed public education campaign which will entail private sector involvement must now commence without delay. The clock is ticking and even though it seems like we have a lot of time before VAT implementation, there is much work to be done.

• Arinthia S. Komolafe is an attorney-at-law. Comments on this article can be directed to a.s.komolafe510@gmail.com 

June 03, 2014

thenassauguardian

The low rate/ few exemptions value-added tax (VAT) model

U.S. study looked at VAT with ‘attendant tax cuts’

By ALISON LOWE
Guardian Business Editor
alison@nasguard.com

A range of “attendant tax cuts” were assumed to accompany the implementation of value-added tax (VAT) when it was recommended by U.S. economists commissioned by the government to examine the best possible approach to tax reform, Guardian Business has learned.

In addition, the economists, Compass Lexecon, also supported the contention of groups such as the Coalition for Responsible Taxation and others when they recommended that the government must strengthen the existing tax system, particularly the administration of real property tax, as a key component of its overall reform plan.

In an email exchange with Guardian Business, David Kamin, an adjunct professor at New York University’s School of Law and a key participant in the formulation of the study produced by the government, discussed the objectives, assumptions and findings of the study, which the government has pointed to as further support of its plans to introduce VAT.

Kamin confirmed that the group found value-added tax (VAT) to be the preferred method of tax for The Bahamas, proposing a combination of VAT and a varying range of tax cuts in order for the government to raise a level of revenue that would not choke off economic activity.

He said: “We analyzed what revenue should be generated by the VAT in combination with related tax cuts. Here, we warned that there’s a balance between 1) the long-term revenue needs of the government and positive long-term economic impact of deficit reduction, and 2) the short-term negative impact that fiscal consolidation is likely to have on the economy.

“We then analyzed the VAT and attendant tax cuts producing 1) over two percent of GDP (like the government proposed last year); 2) 1.5 percent of GDP, and one percent of GDP.

“In striking this balance between long-term revenue needs and the short-run impact on the economy, we recommended a VAT and attendant tax cuts that would produce less revenue on net than the government had proposed last year - consistent with a VAT rate in the range of five to 10 percent (depending on the breadth of the base and size of related tax cuts). And, we further recommended that this be backed up with a fiscal rule to bolster credibility.”

On Wednesday, during the Budget Communication 2014/2015, the prime minister announced that the government is planning to implement VAT on January 1, 2015, at a rate of 7.5 percent, with “much fewer exemptions” than initially proposed, and no “wide-scale duty reductions”.

The decision to offer fewer exemptions has won applause from the business community, who felt it would make administration of the VAT more simple, as suggested by New Zealand experts Don Brash and John Shewan, but the announcement that there will be few duty reductions has been more controversial.

Coalition co-chair Gowon Bowe has argued that findings of the study commissioned by the private sector grouping suggest there will not be a “radical” price spike under a VAT with few duty reductions, while some retailers and the president of the Bahamas Contractors Association fear a major knock to consumer demand from the plan.

As to what duty reductions were assumed under a VAT with 7.5 percent if the revenue target was to be achieved, Kamin said: “We were not asked to calculate (and didn’t calculate) the duty reductions that would be consistent with our recommended net revenue target for a VAT with a 7.5 percent rate. Since both the potential breadth of the VAT tax base and the duty reductions were shifting as our report was developed, we focused our recommendations on the net revenue that we believed appropriate.”

When selecting VAT as the preferred method of taxation for The Bahamas, Kamin noted that what is involved in administering a VAT, as opposed to other taxes, was of particular relevance to the consultants. Kamin is a specialist in tax law and policy; he served as adviser, to Peter Orszag, director of the U.S. Office of Management and Budget, and helped to formulate policy for President Obama’s first two budgets.

“The study considered whether the current tax system in The Bahamas was in need of reform, concluding that it is and that a VAT should be adopted in light of The Bahamas’ significant revenue needs, the expectations of the markets and the current relatively narrow and inefficient tax base,” he said.

“In arriving at this conclusion, we looked at a number of different alternatives, including payroll taxes, corporate income taxes, individual income taxes and the VAT. Based on what is known of these different tax systems, we concluded that a VAT is superior in terms of efficiency and, especially, administrability as compared to these alternatives.

“We also recommended that The Bahamas endeavor to strengthen parts of its existing tax system, like the property tax. To be clear, this analysis considered the effects of these taxes in terms of efficiency, fairness and administrability.”

Prime Minister Perry Christie spoke of the Compass Lexecon report during his presentation on the Budget 2014/2015 last Wednesday. He noted the group’s favoring of the VAT, as well as how the study also concluded that the government implement a fiscal rule to bolster its “credibility” in the budgeting process. However, Christie said that the government determined that such a rule, which would require the government to legislate a maximum debt to GDP and minimum annual level of reduction in the debt to GDP ratio removed a level of “adaptability” that the government sees as important to its ability to make financial decisions going forward.

Meanwhile, contacted for comment on the government’s proposed tax plan, New Zealand tax expert Don Brash said that he and Shewan were “very pleased” to hear that it appears that the government may have elected to pursue the “low rate/ few exemptions” VAT model they recommended during their recent visit to The Bahamas, but declined to comment on the government’s decision to do so while largely retaining duty rates at the current levels.

June 02, 2014

thenassauguardian

...households would ultimately be better off with value-added tax (VAT) compared to payroll tax

VAT better than payroll tax, Oxford Economics finds

By ROYSTON JONES JR.
Guardian Staff Reporter
royston@nasguard.com

While the introduction of value-added tax (VAT) would slow the economy down and result in a “surge in inflation” in the short-term, households would ultimately be better off with VAT compared to payroll tax, according to a new study by Oxford Economics.

The Bahamas Chamber of Commerce and Employers Confederation (BCCEC) and the Coalition for Responsible Taxation commissioned the report.

The report, titled “An assessment of the macroeconomic implications of alternative strategies for deficit reduction in The Bahamas”, examined four models of VAT and two models of payroll tax over a 10-year forecast.

The government has said VAT, which was originally proposed to be introduced on July 1 at a rate of 15 percent, will be delayed and introduced at a lower rate, although the exact date or rate has not been announced.

Among the report’s key findings is that introducing VAT at a rate of 15 percent or 10 percent with a broad range of exemptions would result in inflation of over 6.5 percent in the first year VAT is introduced.

The report said all tax models examined have much smaller differences in growth in the economy in the long-term.

The models include: introducing VAT at a rate of 7.5 percent or 10 percent with a narrow range of exemptions; 10 percent or 15 percent with a broad range of exemptions and payroll tax at a rate of six percent or 12 percent where employees and employers shares the cost equally.

The report noted “all strategies for deficit reduction are estimated to have a broadly similar impact on the supply side capacity of the economy”.

However, the report said introducing VAT at a rate of 7.5 percent or 10 percent with a narrow range of exemptions would result in the highest long-term level of gross domestic product (GDP) growth.

The report also said those models would result in a “permanently lower” inflation rate.

The report admits that some assumptions had to be made regarding the future of The Bahamas’ fiscal policy, including changes in tax rates, the introduction of new taxes and government spending.

The report said introducing VAT at a rate of 15 percent or 10 percent with a broad range of exemptions is more preferable from an equity perspective, but indicated that it is not the most efficient way to address such concerns.

The report also indicated that broad exemptions would reduce the impact on lower income households, but that is a “second-best solution” because the benefits apply to everyone, irrespective of income.

If the government were to compensate directly lower-income households through means-tested personal transfers implemented, this would be a more efficient response to the distributional issues raised by the implementation of VAT, the report said.

In April, Deputy Prime Minister Philip Brave Davis said the government is considering implementing a compensation element to VAT to assist low-income families, similar to New Zealand.

Following the introduction of the goods and services tax (GST) in New Zealand, the government implemented a family tax support system that provided low-income families with wage supplements.

The cash transfer was determined by the size of the household, according to New Zealand VAT expert Don Brash.

No surprises

In an interview with The Nassau Guardian, BCCEC Chairman Robert Myers said the decisions the government makes based on the findings of the Oxford Economics report are critical.

Asked whether the report’s findings surprised him, Myers said, “No. It didn’t surprise us. The numbers that showed big increases to inflation, the reduced numbers of VAT, the payroll tax is actually quite efficient.

“But there are other external issues that impact that like the WTO (World Trade Organization).

“The question really becomes do we have a short-term tax and then a long-term tax, do we try and come to an agreement and fit something in that works in between.”

Myers, who is also the co-chair of the Coalition for Responsible Taxation, said the report was submitted to the government on Tuesday night.

He said the Chamber of Commerce will form a consensus before making its position public.

The chamber is expected to release its position paper on proposed tax alternatives sometime next week, Myers said.

He encouraged Bahamians to review the proposed solution models in the report and form their own opinion.

The report can be read on wakeupbahamas.com

May 22, 2014

thenassauguardian

Tax reform in The Bahamas ...particularly the introduction of a brand new system of taxation ...cannot succeed without the advancement of a focused and widespread education campaign

DNA Press Release - VAT Education BEFORE Taxation!

Value Added Tax (VAT) experts hired to advise the Christie administration on the implementation of the proposed tax regime have, this week, confirmed the long standing position of many local business owners as well as the Democratic National Alliance (DNA). That position? That tax reforms in the Bahamas – particularly the introduction of a brand new system of taxation – cannot succeed without the advancement of a focused and widespread education campaign.

According to comments attributed to both John Shewan and Don Brash which ran in the local dailies this week, the government of New Zealand, which has arguably had the greatest success in VAT implementation, attributes the success of that initiative in part to their commitment to an 18 month educational program.

Unfortunately for Bahamians, we have received no such commitment from this administration. For months, the government, while on one hand promising to launch such an educational campaign, has on the other hand, allowed the uncertainty associated with VAT to negatively impact plans for expansion within the private sector. Even now, just 63 days from the originally proposed implementation date, this administration has yet to table the accompanying legislation. They have instead chosen to bully local business owners into compliance with a system that very few people currently understand.

The Democratic National Alliance finds it particularly interesting that some of the recommendations from the government’s highly paid consultants are in fact similar, if not identical to the suggestions offered by members of the local business community. Outside of the obvious recommendation for a properly planned and executed education campaign, the tax experts – according to media reports – also suggested that the government finalize its tax design before beginning its VAT campaign in earnest.  So far, unfinished versions of the government’s tax plan which includes a list of exemptions which may or may not be part of the final plan have been leaked through the media and allowed to further muddy the waters on this matter.

The DNA asserts that this administration could have easily saved itself thousands of dollars in consultancy fees by simply listening to the collective voice of the men and women responsible for driving the local economy.

Also of note was the position that a Freedom of Information Act is imperative to the successful implementation of a VAT system. The DNA has long called for the passage of this key piece of legislation as a means of facilitating the free flow of information to the public as well as keeping our elected officials accountable.

The DNA firmly believes that like in New Zealand, the passage of such legislation in the Bahamas will work to establish a renewed trust and faith in this government’s plans for fiscal reforms. While the Democratic National Alliance believes in, and is committed to tax reforms, we simply cannot endorse the government’s handling of this effort thus far.

We hope now, that after hearing the recommendations from an outside source, the Christie administration finally takes the necessary steps to ensuring that any fiscal reforms enacted are implemented with a view to stabilizing the economy and improving the government’s relationship with the private sector.


Branville McCartney
DNA Leader on Facebook

April 29, 2014

Value Added Tax (VAT) exemptions result in a higher rate

New Zealand Vat Success Due To ‘Education, Almost No Exemptions’

By RASHAD ROLLE

Tribune Staff Reporter

rrolle@tribunemedia.net

NEW Zealand Value Added Tax (VAT) experts emphasised yesterday that a strong education campaign and “virtually no exemptions” are responsible for their country’s successful implementation of VAT.

John Shewan, an Adjunct Professor of Accounting at the Victoria University of Wellington and one of the experts expected to give the Bahamas government a report on implementing VAT next month, said: “The reason our education campaign was so successful was because their was a commitment to an 18-month educational programme, six months of which was prior to the implementation date, but the most important things happened 12 months after the implementation because there were a series of detailed explanation programmes targeted at all kinds of groups.”

He added that ideally, the Bahamas government, which is still seeking reports from the private sector before finalising its VAT plan, should actively promote VAT only when the tax’s design has been finalised.

He said it took six months of intense education programmes before VAT was implemented in New Zealand following the finalisation of its makeup and legislation.

Don Brash, the former governor of the Reserve Bank of New Zealand, added that the compliance cost of VAT is low in New Zealand because “everything was taxed at the same rate and virtually no exemptions were given.”

VAT exemptions are sometimes made for certain items and services in order to alleviate the burden that the “regressive” tax may have has on the poor.

However, the New Zealand tax consultants said the government should seek other ways of helping the poor.

To help the poor of New Zealand, he said the country’s government makes direct payments to low income families through tax credits.

The question of who deserves those credits, however, is controversial, he said.

“If you have a large number of exemptions your rate has to be higher. With a smaller number of exemptions the rate will be lower. We found that the one rate, no exemptions framework worked extremely well,” said Mr Brash.

The two experts said that ultimately New Zealand’s government recorded a revenue intake that far exceeded its expectations following their tax reform.

April 25, 2014

Tribune 242

The regressive nature of value added tax (VAT) ...and its corresponding effects on the purchasing power of the populace ...in particular the middle and lower classes in a society

The Fiscal Reform Series: A model VAT implementation

In the midst of the continuing debate on fiscal reform in The Bahamas, we must keep our eyes on the prize (and the price) and not forget the ultimate goal of embarking on this important venture.

The fundamental purpose of the fiscal reform exercise is to reduce the government’s recurrent deficit, curb and control expenditure, improve the efficiency and effectiveness of tax administration and restore our debt-to-GDP ratio to a more healthy position while ensuring that the country experiences economic growth and development.

It must be reiterated that if it decides to, The Bahamas will not be the first jurisdiction on the globe to implement Value Added Tax (VAT) and will probably not be the last to do so. There has been considerable discourse on the experiences of other nations that have implemented VAT, with Barbados being referenced from time to time, although the opinions on its level of success have been diverse.

It is noteworthy that Singapore and New Zealand have been touted as success stories in the introduction of VAT. This week, we conclude this series with a look at what model VAT implementation would entail and whether it is possible in the Bahamian context.

Fiscal reform and the tax component

In the case of The Bahamas, there has been a consistent call for the better administration of existing taxes and improvement of compliance with the same. Additionally, stakeholders including the private sector have called for better management of government expenditure with specific recommendations for target reduction in public spending.

The importance of economic growth in the overall equation has also been highlighted during public discourse. The vital message from opponents and commentators on VAT has been the need to focus more on a comprehensive fiscal reform program than on tax reforms aimed at increasing government revenue.

There is no doubt and we all agree at this point that reforms are mandatory and urgent action is required. The interesting point in this debate is that the aforementioned points are all elements of the government’s fiscal consolidation plan. This suggests that both sides appear to be on the same page in relation to the approaches to be taken to address the country’s fiscal imbalance.

However, the bones of contention seem to be the order in which the plan is implemented, the ability of the government to execute the plan and the selection of new taxes and measures to enhance government revenue.

The ideal VAT implementation

The general consensus among consumption tax experts is that this form of taxation works best when it has the broadest base possible and a single or common rate for all supplies. Ideally, the need for tax reform will not only be echoed in words by relevant stakeholders but also supported by their actions.

While skepticism over government initiatives aimed at raising revenue is to be expected, there will be general buy-in among the entire populace based on the financial circumstances of the country. For its part the government would also have done a decent job in explaining the reasons for the necessary reforms and the consultation as well as the education processes would be comprehensive including all stakeholders while providing ample time for feedback and rollout of the tax.

The reality however is that this is often not as easy as it seems due to the normal reaction of the private sector and the entire public to the imposition of taxes in general and the implementation of new taxes in particular. When considered in addition to the politicization of tax reforms and the fear of political backlash by the government of the day, this issue becomes even more complicated.

The Singapore experience and The Bahamas’ reality

The experiences of several countries that have implemented VAT or a similar consumption tax show that it is an efficient and effective form of taxation from the government perspective. The often referenced inbuilt compliance/self-policing feature of VAT, stability as a source of revenue and lesser susceptibility to economic cycles continue to be the main reasons for its success rate.

Like The Bahamas, discussions on tax reform in general and the goods and services tax (GST), which is identical to VAT, had been taking place prior to the implementation of the GST on April 1, 1994.

Singapore had issued a White Paper in February 1993 although their government had a draft bill by 1991. The introduction of GST in Singapore was accompanied by a reduction in other taxes including corporate and personal income taxes, among others.

The adjustment of taxes and tax rates as well as grants continued in the years after GST was introduced. It is important at this juncture to state that Singapore enjoyed fiscal surpluses as a percentage of GDP in the year prior to, and the year following the introduction of GST.

Under Singapore’s GST system, only exports are zero-rated while certain financial services as well as the sale and lease of residential properties are exempt. In essence, Singapore was able to maintain a very broad base for the GST.

The introductory registration threshold under Singapore’s GST was SGD 1,000,000 (approximately USD 800,000) and the standard rate was 3% with a commitment not to increase the same within the first five years. It should be noted that Singapore projected that its revenue would be negatively impacted during the transitional period with a return to revenue neutrality subsequently.

In comparison to The Bahamas, Singapore was enjoying economic growth and budget surpluses and was therefore in a much better financial condition when the GST was introduced. Hence, The Bahamas, stuck between a rock and a hard place, cannot afford a transitional period of revenue negativity for the government.

Additionally, the high registration threshold and low GST rate were possible due to the existence of a myriad of other taxes which were reduced to accommodate the new tax in Singapore. Unfortunately, our precarious financial condition and the composition of our economy do not allow for a similar approach. Finally, unlike The Bahamas, one single political party – the People’s Action Party has dominated Singapore’s politics since independence in 1965 gaining significant standing over this period.

The impact on standard and cost of living

Any discussion on VAT will likely include reference to its regressive nature and the corresponding effect on the purchasing power of the populace, in particular the middle and lower classes in a society.

While the government has indicated that certain items (including bread-basket items and other essential services) will be exempted either in their entirety or subject to an established threshold, the concerns remain among consumers. Representatives of the government, by their own admission, recognize that their efforts to boost the level of public awareness and the education of individual consumers have not been stellar.

It remains very important that any revisions to initial proposals be circulated well in advance of the implementation date and a more effective education program be launched and properly executed.

In December 2013, the Financial Secretary indicated that the government will expand social safety net programs by $30 million in the first year that VAT is introduced to provide transitional relief to those that would be unfairly impacted by the new tax. The expansion, according to the government, would last for the first three to five years following the implementation of VAT.

While the adequacy of the increased allocation to welfare programs is subject to scrutiny, this compensatory measure, which is aimed at mitigating the impact of VAT on the poor, differs from the approach taken by countries such as New Zealand, Australia and Canada due to the existence of other forms of taxation.

In the case of New Zealand, targeted family support income tax credits and welfare benefits via the Guaranteed Minimum Family Income (GMFI) were pivotal in presenting the case for the implementation of consumption tax due to the reduced impact on families with low incomes.

Upsides of VAT?

The obvious expected boost in government revenue, projected reduction in our national debt and recurrent deficit as well as maintenance of our sovereign rating as a result of the introduction of VAT have been reiterated by various commentators. While these benefits are necessities, are there any other additional or potential advantages that could accrue to The Bahamas and Bahamians as a result of VAT?

Will the effective nature of VAT be considered as a part of a bigger reform of existing taxes with a view to replacing the less efficient multiple taxes in existence? Will the introduction of VAT increase the overall tax compliance rate for The Bahamas?

Will the equitable aspect of VAT lead to a redistribution of resources within the Bahamian economy in the long term? What impact will VAT have on the ease of doing business in The Bahamas in the long run? With the successful implementation of the government’s fiscal consolidation plan, can we expect a reduction of other taxes and duties in the long run?

The government will do well to address these questions as part of the education process. Singapore’s GST system was modeled after that of New Zealand in relation to the broad base and single rate. Hence, the proposed discussion between stakeholders in The Bahamas and New Zealand should be instructive and enlightening.

• Arinthia S. Komolafe is an attorney-at-law. Comments on this article can be directed to a.s.komolafe510@gmail.com

April 22, 2014

thenassauguardian

Value Added Tax (VAT) is a major component of the government’s fiscal reform program

The fiscal reform series: A deeper dive into VAT

The analysis of the best taxation model and the appropriate mix of taxes for The Bahamas is far from over as we await the final study commissioned by the government and the results of the work done by Oxford Economics – a global advisory firm engaged by the Coalition for Responsible Taxation (Coalition). It is encouraging to see that the government seems to have kept its promise to work with the private sector in the fiscal reform exercise.

While we await the findings of the referenced studies, it would be unrealistic to conclude that value-added tax (VAT) will not be a major component of the government’s fiscal reform program. It is a known fact that the issue of tax reform, in general, and the implementation of VAT, in particular, have been considered for several years and by multiple administrations. Hence, considerable work and analysis ought to have been conducted prior to the selection of VAT as an appropriate form of taxation, even though the general public is not privy to the specific details of such prior analysis. As the clock ticks and the plot thickens on the government’s fiscal adjustment agenda, we take a closer look at this form of taxation, what is being proposed and where we stand today.

The general nature and details of VAT

VAT is an indirect tax; that is, it is a form of tax that is collected by an intermediary on behalf of the government or revenue agency from persons (either individual or corporate) that bear the ultimate tax burden. In essence, the payer of the tax is often different from the ultimate bearer of an indirect tax. Indirect taxes are therefore also defined by the ability of the taxpayer to shift the tax burden.

It is noteworthy to state that the difference between direct taxes and indirect taxes was first discussed at length by Adam Smith, who is regarded as the father of modern economics. In his classic work, “An Inquiry into the Nature and Causes of the Wealth of Nations,” which is abbreviated as “The Wealth of Nations,” Smith articulated extensively the concept of indirect taxes and the impact on necessaries and luxuries, noting the similarities between indirect taxes and direct taxes with the former falling on the consumer, ultimately.

VAT is a consumption tax that is essentially levied on consumers and what they consume. A key objective of introducing VAT, as indicated by the government, is to broaden the tax base, and the choice of VAT is intended to achieve this as the country seeks to join the World Trade Organization (WTO), which requires the reduction of tariff rates. This goal is consistent with the general consensus among a number of economists and public finance experts that consumption tax should be planned with the widest base and positive rate possible.

The VAT rate and revenue

The white paper issued by the government in February 2013 suggested the implementation of VAT at a standard rate of 15 percent with a proposal to have a special rate of 10 percent, exempt supplies and zero-rated supplies. The draft VAT Bill and Regulations were consistent with the white paper in this regard. The export of goods and services are expected to be zero-rated which means that 0 percent VAT will be charged by the supplier and the VAT paid by the supplier can be recovered from the government.

It is proposed that basic food products, soap and laundry detergent, electricity and water supplies based on established thresholds will be exempt from VAT. Exempt services include, among others, insurance services, domestic financial services not provided for an explicit fee, medical services, education services, daycare and after-school care, domestic travel and services provided by a facility to persons in need of care.

It is important to state that companies offering exempt services or supplies will incur VAT on their inputs, but will not be able to directly charge their customers or consumers VAT; hence, their prices may be adjusted to compensate for the increase in the cost of production. It has been further proposed that a special (reduced) rate applies to a supply made in accordance with the regulations by a hotel or similar establishment registered and licensed by the Hotel Licensing Authority; this is presumably to minimize the corresponding impact on the tourism industry.

We know that the minister of finance has indicated that VAT will be introduced at a rate lower than the proposed 15 percent. However, numerous utterances from officials from the Ministry of Finance (MOF) have also made it clear that the choice of the initial rates was based on the revenue needs of the government. On the one hand, revenue from VAT on goods is intended to replace revenue lost from the reduction in tariff rates. On the other hand, VAT revenue derived from the service sector was expected to provide the government with approximately $200 million in additional revenue. In light of the foregoing, it is logical to conclude that a lower rate of VAT will reduce the expected revenue and the projections will need to be adjusted. Luckily, MOF officials have indicated that they have conducted multiple projections based on lower VAT rates.

A tale of VAT studies

By the end of the debate on VAT, there will have been at least four studies conducted by different stakeholders in The Bahamas to ascertain the impact and suitability of VAT for the country. The stakeholders in this regard include the government, the Coalition and the Nassau Institute. The conclusions of the first two studies were different and subject to much scrutiny as well as criticism.

It is a generally accepted notion that the conclusions of research and studies are sometimes skewed towards the client or financier of the study. This does not in any way diminish the credibility of the people carrying out the study, neither does it suggest their lack of professionalism. However, the nature of research is such that it depends on a range of data and variables which are analyzed based on the mandate of the individual or entity commissioning the study. In essence, it is very unlikely that the findings of Oxford Economics will totally favor the government’s proposals and go against the Coalition’s position. The same applies to the new study ordered by the government. In spite of this expected variance, when read in full, the details of both reports should be identical based on the reputation of the individuals conducting the studies and the fact that the same source data is being used.

Conclusion

The decision to introduce VAT at a lower rate has been welcomed by the private sector, although some remain vehemently opposed to this form of taxation. It is encouraging to see the relevant stakeholders come together to ensure that the best formula for fiscal reform success is implemented in The Bahamas with constructive debate on the proposed VAT regime being a major part of this process. It is incumbent upon all parties to be mindful of the four maxims highlighted by Adam Smith in relation to taxes in “The Wealth of Nations.” The maxims cover topics including the need for subjects of every state to contribute support to the government based on their abilities; the importance of certainty in relation to the time and manner of payment as well as the amount payable; the necessity of convenience to the taxpayer in remitting payment and the adoption of a philosophy that takes out or keeps out of the pockets of the people as little as possible over and above what it brings into the public treasury of the state.

Consumption tax is not a new phenomenon and has been implemented in several jurisdictions across the globe. While there has been considerable discourse on the experiences of other nations that have implemented VAT, Singapore and New Zealand have been touted as success stories in the introduction of VAT. Next week, we will take a look at these countries with a view to determining how we can benefit from their VAT implementation story and whether differences in our circumstances allow for a fair comparison.

• Arinthia S. Komolafe is an attorney-at-law. Comments on this article can be directed to a.s.komolafe510@gmail.com.

April 08, 2014

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