#EPFnotax: Six reasons why taxing EPF was a stupid idea in the first place

 

Fostering Public Leadership - World Economic Forum - India Economic Summit 2010

The Narendra Modi government has decided to withdraw their plan to tax the corpus accumulated by investing in the Employees’ Provident Fund(EPF). As the finance minister Arun Jaitley said in the Lok Sabha today: “In view of representations received, the government would like to do a comprehensive review of this proposal and therefore I withdraw the proposal.”

This is a sensible decision to withdraw what was basically a very stupid idea at multiple levels.

a) The finance minister Arun Jaitley in his budget speech had said that only 40% of the corpus accumulated by investing in EPF would be tax free. This would apply on investments made after April 1, 2016.

The entire 100% accumulated corpus could be made tax free by investing 60% of the corpus in annuities. Annuities are essentially policies sold by insurance companies which can be used to generate a regular income.

The trouble is that most annuities in India give a return of around 5-7%. Given this, they remain a bad way to invest a large corpus. Even investing in a long term fixed deposit can give you a better return.

Some savings bank accounts also pay more than the returns that can be generated by investing in annuities. The annuities in their current are essentially nothing but a rip-off and anyone in their right mind would stay away from investing in them.

Then there is the Senior Citizens Savings Scheme, which allows a senior citizen to invest up to Rs 15 lakh. The scheme pays an interest of 9.3%per year. Given that better returns are available elsewhere, why force people to invest 60% of their provident fund corpus into annuities paying 5-7% per year.

b) Also, the change applied only to private sector employees with a salary of greater than Rs 15,000. This meant that the government employees investing in the General Provident Fund (GPF) or employees of public sector companies investing in other recognised provident funds, could withdraw 100% of their accumulated corpus and need not have paid any income tax on it.

Why was the change proposed only for private sector employees? Why was this distinction made on the basis of the employer? If the idea was to tax, the tax should have applied to everyone and not just the private sector employees.

In the way things had been proposed, a private sector employee making Rs 16,000 per month would have had to pay a tax on the accumulated corpus. A government employee need not have done anything like that. How is that fair and equitable?

c) The government has defended this move on the logic of moving towards a “pensioned society”. As the clarification issued by the ministry of finance a few days back pointed out: “The purpose of this reform of making the change in tax regime is to encourage more number of private sector employees to go for pension security after retirement instead of withdrawing the entire money from the Provident Fund Account.”

Why was only the private sector encouraged to move towards a pensioned society? Also, what about those people who are earning less than Rs 15,000 per month. Their need for a regular income after retirement is even greater than those making more money.

d) Also, why make only EPF and other recognised provident funds taxable at maturity. Why leave out the Public Provident Fund? Shouldn’t self-employed professionals who invest in PPF to possibly accumulate a retirement corpus, also be encouraged to become a part of the pensioned society?

e) The government also planned to tax the principal amount invested in the EPF. How fair is this? While calculating capital gains for investments made in stocks or real estate, the principal amount is not included. Also, investments made in real estate and debt mutual funds get indexation benefits, where the impact of inflation is taken into account while calculating the cost of purchasing the asset. This brings down the capital gains on which income tax is paid.

Further, there is no tax on long-term capital gains made on stocks and equity mutual funds. Taking all this into account, how fair was it to decide to tax EPF? Why leave out the investing modes of the rich and decide to tax the middle class EPF?

f) Further, it needs to be realised that different people have different needs. As Jaitley said in the Lok Sabha today: “”Employees should have the choice of where to invest. Theoretically such freedom is desirable, but it is important the government to achieve policy objective by instrumentality of taxation. In the present form, the policy objective is not to get more revenue but to encourage people to join the pension scheme.”

For that to happen there are so many other things that need to be set right. People use their retirement corpus for various things. They use the money to get their children married, educated and so on. While the government may look at this as something that shouldn’t be done but at times there is no option.

Sometimes emergency medical costs are also met out of withdrawing out of the corpus accumulated by investing in the EPF. In a country where there is almost no insurance for the old, how fair is to deny them access to the EPF corpus by deciding to tax it?

What all these points clearly tell us is that the Modi government clearly introduced the idea of taxing the EPF corpus in a hurry. There is clearly more thinking needed on it. Also, several things need to change before such a tax is introduced. And these changes are not going to happen any time soon.

(Vivek Kaul is the author of the Easy Money trilogy. He tweets @kaul_vivek)

The column originally appeared on Firstpost on March 8, 2016

Why the Rs 7,00,000 crore EPFO needs to look beyond just public sector stocks

EPFOLogoVivek Kaul

A news report in The Times of India today (i.e. October 17,2014) points out that the Employee Provident Funds Organization (EPFO) wants to invest a portion of its corpus in stocks. As the report points out “At an informal meeting with labour minister Narendra Singh Tomar on Monday, representatives from Congress-backed INTUC and Bharatiya Mazdoor Sangh, which is affiliated to the ruling BJP, offered their support to a diversification of the EPFO’s investment mix into public sector stocks. At the same time both recommended that such investment should only be undertaken on expert advice.”
The Rs 7,00,000 crore EPFO currently invests only in government securities. Hence, from the point of view of diversification of investment, this proposal, if it goes through, makes immense sense. Nevertheless, there are several problems with the proposal in its current form.
First and foremost the EPFO wants to currently invest money only in
‘navratna’ public sector stocks. There are a couple of problems with this. If the idea is to give investors in EPFO a certain exposure to equity, then why limit it to only the best public sector companies?
The second problem is that the free float of the public sector companies is a lot lower in comparison to the overall market. Free float is essentially the number of shares that are deemed to be freely available in the market. In case of public sector companies the shares held by the government are not considered to be available for sale.
The free float of the companies that constitute the BSE Sensex works out to 53.3% currently. In comparison the free float of the public sector companies that constitute the BSE PSU Index, it works out to 29.2%.
Even if only 5% of the employees provident fund (EPF) corpus were to be invested in the stock market, this would mean Rs 35,000 crore of new money suddenly finding its way into public sector stocks. With a low free float, so much new money is likely going to drive up the value of public sector stocks. Hence, EPFO will end up buying stocks at a higher price. And this in turn will impact the return that the EPFO investor earns.
This is why it is important that the EPF invests in the best companies and not the best public sector companies. A simple way to do this would be to run an index fund which simply invests in stocks that constitute the BSE Sensex or the NSE Nifty. An index fund simply invests in stocks that constitute a market index.
Further, the EPFO wants experts to manage their equity investment. Experts repeatedly get the direction of the stock market wrong and this is something that EPFO can ill-afford at the beginning of what is basically an experiment. A better bet is to simply run an index fund and keep experts out of the equation totally. It is important that investors in the EPF, at least earn the market rate of return, first.
As far as experts are concerned, it is worth remembering what Nassim Nicholas Taleb writes in
The Black Swan, The Impact of the Highly Improbable, “Simply, things that move, and therefore require knowledge, do not usually have experts, while things that don’t move seem to have some experts. In other words, professionals that deal with the future and base their studies on the non repeatable past have an expert problem. I am not saying that no one who deals with the future provides any valuable information, but rather that those who provide no tangible added value are dealing with the future.”
Stock market experts have to deal with future and base their decisions on a non repeatable past. The EPFO needs to remember this while deciding how to manage its investments into stocks.

This article originally appeared on www.FirstBiz.com on Oct 17, 2014

(Vivek Kaul is the author of the Easy Money trilogy. He tweets @kaul_vivek)