Moral problem of Swacch Bharat cess

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In November last year, the Narendra Modi government introduced a Swacch Bharat Cess of 0.5%. As the press release announcing the decision said: “Swachh Bharat Cess is not another tax but a step towards involving each and every citizen in making contribution to Swachh Bharat…The proceeds from this cess will be exclusively used for Swachh Bharat initiatives.”

In short, the money raised from this cess would be used for keeping India clean. The government hopes to raise close to Rs 10,000 crore through this cess, during the course of a full financial year.

There are several questions that this new cess raises. The first being that if the government has to introduce a cess to keep India clean, then what does it use its main tax revenues for? If a portion of these tax revenues are not being spent on something as important as keeping India clean, then what is the point in taxing citizens?

Nevertheless, there is a more important question that needs to be raised here. Should the government be taxing citizens to keep the country clean? An economist might believe that this is the right thing to do but the introduction of cess has diluted the moral incentive that citizens have to keep the areas that they live in, clean.

What does this mean? Let’s try and understand this through something that happened in Israel. As philosopher Michael Sandel writes in What Money Can’t BuyThe Moral Limits of Markets: “Often, market incentives erode or crowd out non market incentives. A study of some child-care centres in Israel shows how this can happen. The centres faced a familiar problem: parents sometimes came late to pick up their children. A teacher had to stay with the children until the tardy parents arrived. To solve this problem, the centres imposed a fine for late pickups. What do you suppose happened? Late pickups actually increased.”

What happened here? The child-care centres actually introduced a fine for parents turning up late. The idea was that with the threat of a fine hanging over their heads, the parents would come on time to pick-up their kids. Economic thinking was at work. But what happened was exactly the opposite.

The question is why? As Sandel writes: “Introducing a monetary payment changed the norms. Before, parents who came late felt guilty; they were imposing an inconvenience on the teachers. Now parents considered a late pickup as a service for which they were willing to pay. They treated the fine as it were a fee. Rather than imposing on the teacher, they were simply paying her to work longer.”

The introduction of a fine was basically treated by the parents as a fee and this led to the opposite result. As economist Dani Rodrik writes regarding the same study in his book Economics Rules: “A moral injunction that previously had kept parents’ behaviour in check was relaxed once the monetary penalty came into play.”

Now how is this linked to the Swacch Bharat Cess? Until the cess was introduced, any conscientious citizen would feel guilty when he saw garbage in his locality or in his area of work. He would think twice before littering as well.

This moral incentive changed the moment people started paying the Swacch Bharat Cess. Now the citizen is paying the government to make sure that his area of work or residence remains clean. And if that is not the case, then it is clearly not his problem, given that he has done his bit by paying a cess (or a fee) to the government.

Sandel summarises the situation best when he says: “Putting a price on the good in life can corrupt them…[and] also corrupt the meaning of citizenship.” And this is something those who introduced the Swacch Bharat Cess need to carefully think about.

(Vivek Kaul is the author of the Easy Money trilogy. He can be reached at [email protected])
The column originally appeared in the Bangalore Mirror on February 17, 2016

Swacch Bharat Cess Is Not Like Education Cess, It’s A Proper Tax

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The government of India (like other governments all over the world) has effectively outsourced a major part of tax collection. The corporates deduct income tax from the salary of their employees regularly and hand it over to the government. The government’s dealing with the employees is limited to the income tax return that needs to be filed at the end of the financial year.

The government has also outsourced the collection of service tax to people like me, who are self-employed professionals. We collect service tax on behalf of the government from our clients and hand it over to the government at regular intervals. We are also expected to file service tax returns, regularly.

Recently, during the course of billing a client for service tax as well as Swacch Bharat Cess I had a very interesting experience, which I will share in this column.

On November 6, 2015, the Narendra Modi government decided to implement a Swacch Bharat Cess. The cess amounts to 0.5% on all services, and has pushed up the effective rate of service tax to 14.5%, from the earlier 14%. As the press release announcing the cess pointed out: “the Government has decided to impose, with effect from 15th November 2015, a Swachh Brarat Cess at the rate of 0.5% on all services, which are presently liable to service tax. This will translate into a tax of 50 paisa only on every one hundred rupees worth of taxable services.”

This meant that when I was sending out bills for the month of November 2015, I had to take Swacch Bharat Cess into account as well. One particular client’s bill had amounted to around Rs 30,000. On this I added a service tax of Rs 4200 (14% of Rs 30,000) and a Swacch Bharat Cess of Rs 150 (0.5% of Rs 30,000).

I sent across this bill on December 1. The next day, the accountant called. He tried to explain to me that I had miscalculated the Swacch Bharat Cess. The Swacch Bharat Cess should be Rs 21 and not Rs 150, he said. It took me a while to realise what he was trying to say.

He had essentially considered the cess to be a tax on a tax, like is the case with the education cess that is levied on the income tax that we pay. Education cess is levied at the rate of 2%. There is a secondary and higher education cess of 1% as well. Hence, the total education cess essentially amounts to 3%.

This cess is a tax on a tax. If you happen to come in the 30% tax bracket, then the education cess effectively works out to a tax of 0.9% (3% of 30% income tax rate). If you happen to come in the 20% tax bracket, then the education cess effectively works out to a tax of 0.6% (3% of 20% income tax rate). If you happen to be in the 10% tax bracket, then the education cess effectively works out to a tax of 0.3% (3% of 10% income tax rate).

The accountant was effectively telling me that the Swacch Bharat Cess worked in a similar way, like the education cess. What he was saying is that Swacch Bharat Cess was effectively a 0.5% tax on 14% service tax. This amounts to an effective rate of 0.07% (0.5% multiplied by 14%). In my case the actual Swacch Bharat Cess worked out to Rs 21(0.07% of Rs 30,000, the amount I had billed or 0.5% of Rs 4,200, the service tax that needed to be paid).

Over the next 45 minutes I tried explaining to him that what he was saying was wrong. The Swacch Bharat Cess did not work like the education cess and was not a tax on a tax. He wouldn’t budge. Finally, I gave up and promised to send him a new invoice. The difference between Rs 21 and Rs 150 was Rs 129 per month, and that really wasn’t a very large amount. I could pay it out of my own pocket.

The Swacch Bharat Cess is effectively an additional tax of 0.5%, unlike the education cess which is a tax on a tax. So why has the government called it a cess? Tax collected by the central government needs to be shared with the state governments, a cess does not. That is why the Swacch Bharat Tax has been basically been called Swacch Bharat Cess.

Any additional tax essentially complicates the tax-filing and the tax-collection mechanism, as my dealing with the accountant brings out in a very simple way. While, the amount involved in my case is very small of around Rs 129 per month (or around Rs 1548 per year, if I continue to bill the client Rs 30,000 per month), this may clearly not be the case with others. Further, time and energy are wasted in trying to explain things to others, which clearly isn’t my job. Long story short—any additional tax, essentially ends up complicating the tax system further.

News-reports suggest that the government is now considering a 2% skill cess. This, as per news-reports, will function like the education cess and will be levied on corporate and income tax. Nevertheless, it raises multiple questions. If to develop something as basic as skills, the government needs to implement a cess, what is it doing with all the ‘real’ taxes that it is collecting? Further, the government has set up a committee to suggest simplification of the income tax laws. As explained earlier, every cess/extra tax introduced complicates the law. Hence, if the idea is to simplify the income tax laws, why introduce one more cess? How does the government explain this basic dichotomy?

(Vivek Kaul is the author of the Easy Money trilogy. He can be reached at [email protected])

The column originally appeared on Huffington Post India on Dec 7, 2015

More reasons on why Swacch Bharat cess is a bad idea

narendra_modi
In the November 16 edition of The Daily Reckoning
I had written a column on the recently implemented Swacch Bharat cess. In this column I had talked about how the Swacch Bharat cess is an example of maximum government.

In today’s column I want to make give more reasons on why the Swacch Bharat cess is a bad idea. Just to recount for readers who hadn’t read the earlier column, on November 6, the Narendra Modi government decided to implement a Swacch Bharat cess. The cess amounts to 0.5% on all services, and has pushed up the effective rate of service tax to 14.5%, from the earlier 14%. The cess has come into effect from November 15, 2015.

Any tax that the central government collects needs to be shared with the state governments. But that isn’t the case with cesses as well as surcharges that it collects. The money raised through cesses as well as surcharges is not shared with the state governments.

In fact, take a look at the accompanying table. In 2013-2014, the cesses and the surcharges collected by the central government amounted to Rs 71,713.7 crore. This formed 8.79% of the total tax revenue remaining with the central government after handing over the share of the state governments.

 

Cesses and surcharges (in Rs crore)2013-20142014-20152015-2016
Total cesses and surcharges71713.7102859.4117460.5
Total tax revenue remaining with central govt after sharing with states815854.2908462.8919842.3
Cesses and surcharges as a percentage of total tax revenue remaining with central govt8.79%11.32%12.77%
Source: www.indiabudget.nic.in

In 2014-2015, the cesses and surcharges collected by the central government jumped by a huge 43.4% to Rs 1,02,859.4 crore. They formed 11.32% of the total tax revenue remaining with the central government after handing over the share of state governments. In 2015-2016, this number is projected to further jump to 12.77%. That’s a jump of close to 400 basis points (one basis point is one hundredth of a percentage) between 2013-2014 and now.

What does this tell us? Since the Narendra Modi government has come to power a greater proportion of the central government’s tax revenue is coming from cesses and surcharges. Take a look at the following table. Look at the last two entries which are in bold (The entries before that are exactly the same as in the earlier table).

Cess and surcharge (in Rs crore)2013-20142014-20152015-2016
Total cess and surcharges71713.68102859.4117460.5
Total tax revenue remaining with central govt after sharing with states815854.2908462.8919842.3
Cess and surcharges as a percentage of total tax revenue remaining with central govt8.79%11.32%12.77%
Total tax revenue of the central govt113873412513911449491
Cess and surcharges as a percentage of total tax revenue 6.30%8.22%8.10%
Source: www.indiabudget.nic.in

In 2013-2014, cesses and surcharges formed around 6.30% of the total tax revenue earned by the central government. After the Modi government took over, the number has jumped to more than 8%.

This has been made possible through several things. In the budget presented in February earlier this year, the finance minister Arun Jaitley had subsumed the education cess and the secondary and higher education cess in central excise duty. “In effect, the general rate of Central Excise Duty of 12.36% including the cesses is being rounded off to 12.5%,” Jaitley had said during his budget speech. The clean energy cess was hiked from Rs 100 to Rs 200 per metric tonne of coal. The existing excise duty on petrol and diesel to the extent of Rs 4 per litre was converted into a road cess. And there was an enabling provision for the Swacch Bharat cess as well.

What is the problem here? The Modi government made a lot of song and dance about increasing the share of state governments in the tax revenues collected by the central government from 32% to 42%. After having done that, it has also managed to increase the amount of money collected through cesses and surcharges which it does not need to share with the state governments.

This goes against the entire idea of cooperative federalism which Narendra Modi had passionately espoused after coming to power. In fact,  the 14th finance commission report released earlier this year had pointed out: “Almost all States have argued that cess and surcharges should form part of the divisible pool, with some suggesting that this should be done if cess and surcharges continue for more than three years.”

The education cess which brings in a bulk of the money collected under cesses, has been around for a very long time. In fact, the Comptroller and Auditor General in a recent report had pointed out that not all the money collected through the education cess went towards education.

As a news-report in The Economic Times points out: “The CAG report said that against the total collection of Rs 130,599 crore as primary education cess, only Rs 119,197 crore was transferred to the Prarambhik Shiksha Kosh in public account from 2004-05 to 2013-14, resulting in a short transfer of Rs 11,402 crore in the Prarambhik Shiksha Kosh.”

The cess on education as well as the new Swacch Bharat cess which will be used for improving sanitation, raises a very important question. If cesses have to be collected for things as important as education and sanitation, what is the government doing with all the actual tax revenue that it is raising? The tax revenue is essentially being used to finance what we can safely call maximum government. While Narendra Modi had promised to change that, up until now he has operated more or less similarly like the Congress governments before him.

For a cess to be effective it is important that it be ring fenced properly. Take the case of the cess on diesel implemented by the Atal Bihari Vajpayee government to finance the national highway development programme. It was a proper ring-fenced cess where there was total clarity of what the money collected under the cess will be used for.

In comparison, the definition of the Swacch Bharat programme remains very vague and given that it will be very difficult to ring-fence it properly. Also, it needs to be asked how effective can a central government be in implementing a cleanliness and sanitation programme at the local level throughout the country. And given that wouldn’t it make more sense in sharing the money raised with state governments?

To conclude, in order to woo foreign investors to invest in India, the finance minister Arun Jaitley has been talking about a fair and predictable tax regime. In fact, at the 11th Indo-US Economic Summit in September earlier this year he had said: “We can evolve into fairest and predictable taxation regime in India.”

How about offering a fair and predictable tax regime to the Indian tax payer as well, Mr Jaitley?

The column was originally published on The Daily Reckoning on Nov 19, 2015

Swacch Bharat cess shows minimum government is just a slogan

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On November 6, earlier this month, the Narendra Modi government decided to implement a Swacch Bharat cess. The cess amounts to 0.5% on all services, and has pushed up the effective rate of service tax to 14.5%, from the earlier 14%. The cess has come into effect from yesterday i.e. November 15, 2015.

The first question that needs to be asked is how much money will the cess end up raising for the government? During the first seven months of this financial year between April and October 2015, the service tax collections have grown at an excellent pace of 26%.

The total service tax collected during the period stands at Rs 1,12,727 crore. If the government continues collecting service tax at this pace, it will end up with around Rs 2,11,846 crore (1.26 x Rs 1,68,132 crore, which was the total amount of service tax collected last year).

At a service tax rate of 14%, this would mean that an income of Rs 15,13,186 crore will be taxed (Rs 2,11,846 crore divided by 14%). A Swacch Bharat cess of 0.5% would amount to a total of Rs 7,566 crore (0.5% of Rs 15,13,186 crore) collected during the course of the year. But the cess will be collected only for a period of 4.5 months during the course of the year (between mid-November and end March). Once that is taken into account then the amount likely to be collected through the Swacch Bharat cess will be around Rs 2,837 crore. (This is a simple calculation which doesn’t go into technicalities which arise with any kind of tax collection).

Also, given that more tax is collected during the last few months of the financial year, the number is likely to be higher than this. This calculation works with the assumption that the tax collections are distributed equally through the year, which is not totally correct.

Over the last few days, I have come across news-reports which suggest that the government will be able to collect only Rs 400 crore through the Swacch Bharat cess. This is incorrect.

As a PTI newsreport points out:The additional cess would be over and above the 14 per cent Service Tax rate which is already being levied and may yield the government an additional about Rs 400 crore during the remainder of the current fiscal.”

How did this calculation come about? As I mentioned earlier, the total service tax that is likely to be collected during the course of this year should be around Rs 2,11,846 crore. 0.5% of this amounts equals Rs 1,059 crore for the whole year. For a period of 4.5 months this amounts to Rs 397 crore, or around Rs 400 crore.

But there is a basic mistake in this calculation. The cess of 0.5% is on the total income and not on the total tax.
So that was the mathematical part of this column. Now let’s deal with the more important issues. Why has the government come up with a cess of 0.5% instead of increasing the service tax rate to 14.5%?

The financial impact of both would have been the same. The government would end up collecting the same amount of money. The answer lies in the fact that anything collected as a tax needs to be shared with the states. But anything collected as a cess remains with the central government. And that is why the government has come up with a cess amounting to 0.5%, instead of increasing the tax to 14.5%.

As the 14th finance commission report released earlier this year points out: “Almost all States have argued that cess and surcharges should form part of the divisible pool, with some suggesting that this should be done if cess and surcharges continue for more than three years.” But that is not how things stand currently.

Also, the money raised through the cess is to be allocated to the ministry of urban development and the ministry of drinking water and sanitation. The question is how well can a central government sitting in Delhi run a cleanliness drive across the country? Cleanliness ultimately remains a local issue and can be taken care of in a much better way if the governments at the local level are involved, which will not happen in this case.

The Swacch Bharat cess also goes against Narendra Modi’s pet theme of cooperative federalism, which talks about empowering the state governments. In a letter to chief ministers earlier this year, Modi had said: “This Government is…committed to the idea of empowering states in all possible ways. We also believe that states should be allowed to chalk out their programmes and schemes with greater financial strength and autonomy, while observing financial prudence and discipline.”

Further, should the government have come up with a  cess more than half way through the year and ended up complicating the tax system further, in order to raise an amount of Rs 3,000 crore? The answer is no. (I am no tax expert but you can Google and read all kinds of articles which claim to clear all the doubts regarding the Swacch Bharat cess).

Rs 3,000 crore amounts to just 0.3% of the central government’s total share of revenue of Rs 9,19,842 crore, for this financial year. The government could have easily raised this small amount from other sources without complicating the tax system.

For example, it could have shut down MTNL which faced losses of Rs 2,000 crore during the course of the last financial year. Or it could have shut down many other hugely loss making public sector enterprises which India’s miniscule base of taxpayers continue to fund. After shutting down these enterprises, the government could have looked to sell the massive physical assets like land and building that these enterprises own. These sales can fund the Swacch Bharat campaign many times over in the years to come.

But that would mean working towards a smaller government, which Narendra Modi doesn’t seem to like, even though during the course of his election campaign last year he had promised “minimum government and maximum governance”. But what we have got up until now is nothing along the lines of what was promised.

As Arun Shourie told The Hindustan Times recently: “He doesn’t believe in disinvestment. This government has shown an almost criminal neglect in improving tax administration. His idea of development is to have a few large projects like the Sardar Patel statue, which turns out to be made in China, or a bullet train from Ahmedabad to Mumbai, rather than spend that money to improve the speed of all trains in India by 15 mph. He’s increasing the role of the state in everything. ‘Minimum government, maximum governance’ is just a slogan.””

And that is worrying.

The column originally appeared on The Daily Reckoning on Nov 16, 2015

Why the Swacch Bharat cess is a terrible idea

Fostering Public Leadership - World Economic Forum - India Economic Summit 2010
The government announced a new Swacch Bharat cess, yesterday. The cess will amount to 0.5% on all services, pushing up the rate of service tax to 14.5%, from the current 14%. The cess will come into effect from November 15, later this month.

As the press release announcing the decision said: “Swachh Bharat Cess is not another tax but a step towards involving each and every citizen in making contribution to Swachh Bharat…The proceeds from this cess will be exclusively used for Swachh Bharat initiatives.”

This decision is in continuation with something the finance minister Arun Jaitley had announced in the budget speech he made on February 28, earlier this year. As Jaitley had said on that occasion: “It is also proposed to have an enabling provision to levy Swachh Bharat Cess at a rate of 2% or less on all or certain services if need arises. This Cess will be effective from a date to be notified. Resources generated from this cess will be utilised for financing and promoting initiatives towards Swachh Bharat.”

Thankfully, the government has resisted the temptation to increase the rate of service tax by 2%, through the cess route and settled at 0.5%.

There are multiple reasons why this is a bad decision. As the press release said: “Swachh Bharat Cess is not another tax but a step towards involving each and every citizen in making contribution to Swachh Bharat.” What this clearly tells us is that the Swacch Bharat initiative is an important initiative for the government, as it should be.

And given that, it should be financed out through the primary revenues of the government and not through a cess. If the Swacch Bharat initiative is deemed to be important then it should have first claim on the revenues of the government and shouldn’t be financed through a cess.

Second, any cess essentially ends up taxing the same set of people again. Over the years, the government has made very little effort in trying to expand the tax base by simplifying the tax system as well as cracking down on a large set of Indians who do not pay any tax. The annual report of the ministry of finance for 2014-15 puts the total number of income tax assesses in 2013-2014 at 4.7 crore. These includes individuals, families, trusts and corporates. Given a population of close to 125 crore, what this clearly tells us is that not many Indians pay income tax. And this is something that government needs to improve on, instead of taxing the same base over and over again.

Third, any new tax (as a cess is) adds to the complication of the tax system and this keeps people away from paying tax. Further, in the Indian case, a cess tends to be more of a permanent nature than ad hoc as it should be.

Take the case of the education cess on income tax. It has been around for a while now raising the question that isn’t education important enough to be financed out of the primary revenues of the government.

Fourth, while the government has come up with a Swacch Bharat cess, it is wasting thousands of crore on keeping loss making public sector enterprises alive.

Let’s take the example of Mahanagar Telephone Nigam Ltd(MTNL) which offers internet and telephone services in Mumbai and Delhi.

During the course of 2014-2015(the period between April 1, 2014 and March 31, 2015) the company’s income was at Rs 3,400 crore. Its expenditure on the other hand stood at a much higher Rs 5,284 crore. The government(or rather the tax payer) bore the loss of around Rs 1,900 crore.

Or take the case of the government owned airline Air India. The company has accumulated losses of Rs 20,000 crore. The airline keeps making losses. The government keeps putting more and more money into it.

As this August 2015 news-report by PTI points out: “The Finance Ministry today sought Parliament’s nod for making an additional equity infusion into Air India worth Rs 800 crore, less than half the amount sought by the Civil Aviation Ministry for the national carrier.” Thousands of crore have already been infused into Air India. And with so much money going towards such lost causes, it is not surprising that the government has had to introduce a new Swacch Bharat cess.

Fifth, the government can easily finance Swacch Bharat by selling the shares it owns in Axis Bank, Larsen and Toubro and ITC, through the Specified Undertaking of Unit Trust of India (SUUTI). These shares as on November 6, 2015, were worth Rs 53,472 crore. Some portion of these shares can be sold every year to finance Swacch Bharat. At the end of the day what is strategic about the government holding shares in ITC, a company which earns a major part of its revenue through selling cigarettes? The SUUTI’s holding in ITC is worth Rs 30,210.7 crore.

Sixth, by levying a cess for Swacch Bharat, the government is taking the moral incentive out of the equation. As Nitin Pai of the Takshashila Institution puts it: “Levying a cess dilutes the moral incentive that a borderline conscientious citizen faces. Instead of a gnawing feeling when she sees garbage in public places, the marginal citizen is likely to feel the same-old, “I’ve done my part but the government is not doing its job properly.””

Once all these reasons are taken into account the Swacch Bharat cess is a stupid idea. The Narendra Modi government could have done better than this.

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

The column originally appeared on Huffington Post India on Nov 7, 2015