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5/13/2011 Designing and Enforcing Tobacco Excises: The IMF Experience __________________________ Patrick Petit and Janos Nagy Senior economists Fiscal Affairs Department, International Monetary Fund TOBACCO TAXATION: WIN-WIN FOR PUBLIC HEALTH &DOMESTIC RESOURCES MOBILIZATION CONFERENCE APRIL 18 – 19, 2017 WASHINGTON, DC, USA
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5/13/2011 Revenue Mobilization and the IMF: A strong and multi-faceted commitment Support SDGs and Addis Ababa Action Agenda to strengthen tax systems in developing countries Policy work (including for the Board) Strengthened collaboration with other IOs Joint IMF/WB initiative on Domestic Resource Mobilization and Taxation Interagency Task Force on Financing Development Platform for Collaboration on Tax (IMF, OECD, UN, World Bank) Scaling up of technical assistance: currently to over 100 countries annually (HQ and regional centers) Assessment of existing taxes and their potential: Income taxes, VAT, excises, customs, non-tax, etc. Many TA recommendations become part of country’s reform programs and end up in IMF conditionality Going forward, overall potential is estimated to range between 2-4 percent of GDP
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5/13/2011 Technical assistance and tobacco excises (1) Is there a revenue potential? Tobacco excises: generally a small share of revenues …But 35 Tax Policy TA reports discussed tobacco taxes in the past 5 years Europe: highest median, minimum, and maximum Africa: lowest median – Only 3 of 24 countries above 0.35% of GDP (Mauritius, Madagascar, Seychelles) Calculation of tax potential needs to take into account administrative capacity and local conditions
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5/13/2011 Technical assistance and tobacco excises (2) Main objectives and considerations Main policy objectives Realize the full short term revenue potential, given local administrative / enforcement capacity Take health considerations into account, which are compatible with revenue objectives: win-win Possible long term tension if revenue decline…but presumably growth in other revenues will offset this decline Main considerations for revenue setting Level of tax: Importance of comparing with neighbors because of base erosion due to smuggling Composition of taxes: specific (amount per quantity) vs. ad valorem (percentage of value) Specific taxes: easier to manage / compatible with health objectives / more stable revenue …but must be adjusted on a regular basis (automatic adjustments procedure could be in the excise law) Ad valorem: takes inflation into account Administrative capacity and structures
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Tax policy (1) How high should excises be?
5/13/2011 Tax policy (1) How high should excises be? What is the « level » of tobacco taxes? Absolute level of excises? Including/excluding VAT? Share of excises in price? What is the benchmark? Importance of international comparisons crucial need for data Overall revenue policy and the price elasticity of demand The role of excises in overall revenue policy, and the impact of IMF programs Tobacco consumption, the price-elasticity and the current level of tobacco excises are key determinants of the revenue potential Administrative considerations The higher the taxes, the stronger controls should be (see next section) Historical & current patterns of illicit trade
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Tax policy (2) The composition of tobacco excises
5/13/2011 Tax policy (2) The composition of tobacco excises The powerful impact of the multiplier effect… Ad valorem taxes Specific taxes …And its relative irrelevance in the presence of limited capacity Health considerations & administrative ease specific taxes Inflation & protection for local low-quality cigarettes ad valorem taxes
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Tax policy (3) Earmarking & overall recent experience
5/13/2011 Tax policy (3) Earmarking & overall recent experience Earmarking Budget rigidity/fungibility of resources & lack of broad and systematic evidence that objectives are met (Bird & Jun, 2005; Bird, 2015; WHO, 2016) Fragmented collection, managerial difficulties with extra-budgetary funds (Allen and Radev, 2010) Preference for “Soft” earmarking: political commitment to (1) increase taxes and (2) fund specific initiatives, but with no budget / institutional / accounting link between the two Our recent experience with tobacco taxes Our member countries are overwhelmingly supportive of tax increases General preference for specific taxes, which means a need for frequent adjustments Strong concern for illicit trade among member countries Weak tax administration Preference for a gradual/simultaneous approach to tax increase and capacity building
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Tax Administration issues (1)
5/13/2011 Tax Administration issues (1) Higher tax wedge, low compliance level and ineffective enforcement incentivizes illicit trade/production…How to address this? 1. A strong legal framework Clear definitions in legislation - for products (e.g., cigarillos vs. cigars), tax base, rates, point of tax collection (factory? warehouse? point of import?), exemptions (travelers), etc. Identification of responsibilities: Which level of government, which agency does what?
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Tax Administration issues (2)
5/13/2011 Tax Administration issues (2) Specialized excise administration and enforcement/audit services within the Revenue Administration Administration focusing on early stages with minimum number of players Empowerment of tax/excise/customs administration, Special financial and administrative guarantees Licenses for all operators, record-keeping, marking systems, management of supplies (warehouses, transit procedures, etc.), restrictions on out-of-network sales (internet, duty-free shops, etc.),
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Tax Administration issues (3)
5/13/2011 Tax Administration issues (3) Trained, experienced and dedicated staff Information gathering and analysis, intelligence, Cooperation with other agencies Well-equipped enforcement teams; Mobile patrols at bottlenecks
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Tax Administration issues (4)
5/13/2011 Tax Administration issues (4) Illicit operators always aim for the weakest point in the tax administration Overall progress in revenue administration sets a limit to improving control of the tobacco supply chain Adequate levels of penalties, administrative and criminal sanctions for illegal activities Administrative and criminal investigation capacities: Increase deterrence and reduce incentives (criminalization of excise fraud – investigation, seizure and confiscation of proceeds of crime – push the threshold higher!)
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Challenges going forward
5/13/2011 Challenges going forward Regional / international policy coordination: more to be done WAEMU/ECOWAS, Eastern + Southern Africa, EU, GCC, etc. International cooperation in detecting and repressing tobacco fraud Implementing the Protocol to Eliminate Illicit Trade in Tobacco Products Track & Tracing system: good idea, but significant capacity constraints What are intermediary steps?
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5/13/2011 Where to from here? Policy / tax admin. principles clear from the IMF’s perspective, and reflected in “How to” note Tobacco will continue to be a convenient “top-up” source of revenue, above VAT Potential to raise more in many countries However, more attention needs to be paid to administrative capacity building Implementation issues are likely to gain in importance if/when Illicit trade protocol is implemented: A “perfect system” unlikely when Tax Administration systems are weak Need for realistic timeline and intermediary steps International coordination issues to become increasingly important IMF will continue to build capacity and support international coordination through its TA
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5/13/2011 Thank you
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