Draft for Discussion Only Federal-Provincial-Local Fiscal Transfers in Pakistan Anwar Shah, World Bank December 6. 2003 Matching revenue means as closely as possible to expenditure needs of the various levels of government serves to strengthen accountability in a federal system. Allowing subnational government greater access to own tax bases accompanied by stronger tax collection performance and better attention to cost recovery policies will help in this task. In Pakistan, in view of the very large vertical imbalances – gap between expenditure needs and revenue means at provincial and local levels – and the associated implications for weak accountability, tax decentralization options require serious consideration to narrow these imbalances without eliminating them entirely. This is because, it is desirable in federal systems for higher level governments to have access to more revenues than those dictated by their direct program responsibilities alone. These additional revenues can be used to support national and provincial economic objectives such as setting national standards, securing economic union and ensuring inter-regional and inter-local fiscal equity. The design of these transfers is however, critical to achieving the objectives sought. The issues pertaining to the design of these transfers are critical to achieving the objectives sought. This note reviews the design of existing fiscal transfers in Pakistan for their consistency in achieving the objectives being pursued. Vertical fiscal imbalance in a federation reflects the revenues raised by the federal government that are made available to provinces to finance their expenditures. There are two broad ways this transfer of funds can take place. One is by assigning a predetermined share of federal revenues to the provinces, while the other is by making federal-provincial transfers whose magnitude is based on criteria other than federal revenues. The first is revenue sharing while the second falls under the general rubric of federal-provincial transfers. The distinction is a conceptual one only, since both amount to a transfer of funds and both share some common characteristics. In Pakistan, revenue sharing is the dominant form of federal-provincial fiscal relations for financing operating expenditures. Conditional grant programs are practiced primarily for capital projects that are typically designed and determined at the federal level and local governments implement these projects on behalf of their provincial governments. Current Practice of Federal-Provincial Revenue Sharing in Pakistan The task of the distribution of revenues between the federation and the provinces have been assigned by Pakistan Constitution (article 160) to an intergovernmental, interlegislative cum civil society body, the so-called National Finance Commission (NFC). The NFC comprises of the Finance Minister of the Federal Government as chair and Provincial Finance Ministers and other persons (from provincial legislatures, experts, academia, think tanks) appointed by the President after consultations with the provincial 1 Governors. The constitution mandates convening of National Finance Commission every five years to decide (make awards) on (a) the proportion of the constitutionally specified federal revenues that should go to the provinces; and (b) the criteria for the distribution of these revenues among provinces. Previous quinquennial awards stay in force in the event a consensus is not reached on the new award. Due to a lack of consensus on the 2002 award, the 1997 NFC award remains in vogue at the present time but efforts are currently underway to reach a new consensus. For this purpose, a newly constituted National Finance Commission is starting deliberations in December 2003. The 1997 NFC Award The 1997 NFC award (renewed in 2002) consisted of three components : (a) revenue sharing component – distribution of a pool of federal revenues to provinces by formula; (b) returning to the province of origin resource royalties, charges and excises after deducting a 2% federal collection fee; and (c) special lumpsum transfers to NWFP and Balochistan provinces. These are described as follows: (a) Revenue Sharing Component Taxes on income, wealth, capital value taxes, sales taxes on goods, federal excises (excluding natural gas) and the customs duties, i.e. nearly all of federal consolidated revenues ( after retaining a 5% collection charge) excluding income taxes on federal employees constituted the divisible pool for the 1997 award. The NFC mandated transfer of 37.5% of the divisible pool to the provinces on the basis of provincial share of the national population. In addition, to these revenues, provinces currently receive an additional 2.5% of general sales tax (GST) revenues as a pass-through funds for local governments in lieu of their elimination of octroi tax. For FY2002-2003 total divisible pool comprised of 448.5 billion Pak Rupees and provinces received 150 billion rupees as revenue sharing transfers (see Table 1 for details). INSERT TABLE 1 AFTER THIS PAGE (b) Revenues returned by origin Royalty on crude oil, royalty, excise duty and surcharge on natural gas and general sales tax on services are returned by origin to the provinces after deducting a 2% federal collection charge. In FY2003-2004, provinces received 33.4 billion rupees on account of these revenues/ (c) Special Grants to Fiscally Disadvantaged Provinces The NFC mandated payments of special lumpsum grants to NWFP and Balochistan provinces in recognition of their special needs. In FY2002-2003, Rs. 20 billion in federal revenues were transferred to the two provinces. (d) Federal Transfers in lieu of Octroi and Zila Taxes (OZT) 2 Until 1998, taxes on inter-municipal trade represented major source of revenues for district and tehsil governments in Pakistan. Octroi tax was imposed by urban governments (current equivalent of Tehsil governments) goods and services imported from other jurisdictions and the Zila tax was levied by rural governments (current equivalent of district governments). In 1998 , these taxes were abolished at the direction of federal government with a promise to compensate local governments for loss of revenues through a federal transfer program that passed funds through provincial governments to local governments. Currently 2.5% of revenues from the federal goods and services tax are transferred to provincial governments for distribution to local governments. In FY2002-2003, provinces received 14.5 billion rupees or 5.8% of total transfers from the federal government as the OZT transfers. Conditional Grant Programs Federal government provides financing mostly for capital projects that are centrally sponsored either using federal revenues or grants received from foreign governments and agencies. In FY2002-2003, these transfers amounted to 15.6 billion rupees or 6.3% of total transfers. Foreign grants comprise 75% of such financing (see Table 1). The following grants programs were in vogue in FY2002-2003: Conditional Capital Assistance Programs Khushhal Pakistan Program (KPP): Under KPP, funds are made available to local governments through provincial governments for small local capital projects. The federal government specifies the criteria for project selection and a negative list for the use of funds. The district governments decide on the project selection and implementation. In FY 2002-2003, XX billion rupees were made available for this program. Tameer-Watan Program (TWP).: Federal Government provides members of national parliament (National Assembly) and the provincial governments entitle members of provincial assembly, ten million rupees each to be spent on any project in their electoral districts. These programs are implemented through district governments. In FY20022003, XX billion rupees were made available for this purpose. Education Sector Reform Program (ESRP): This program makes available federal financing primarily for rehabilitation of school facilities. The funds are made available to the provinces as development grants who in turn allocate these to the district governments. In FY2002-2003, X billion rupeeeswere transferred to the provinces on this account. The Extended Immunization Program (EIP): For the childhood immunization program, the federal government provides in-kind contributions in the form of vaccines, vehicles and other equipment. In FY2002-2003, xx million rupees were spent on this program by the Federal Government. Conditional Operating Assistance 3 Lady Health Worker Program (LHWP): Under the National Program for Family Planning and Primary Health Care, thre federal government finances the salaries of lady health workers jointly recruited by the provinces and the districts. In FY2002-2003, this program cost the federal government xx million rupees. The Pros and Cons of Pakistan’s System of Federal-Provincial Fiscal Relations As noted earlier, Pakistan’s system of federal resource transfer to the provinces is predominantly a revenue sharing system having important merits of a transparent fiscal system as well as lacking important levers a well designed fiscal transfer system can potentially offer. The smaller conditional grant programs employ less transparent criteria. These arguments are discussed below: Merits of the Existing Revenue Sharing System Pakistan’s fiscal system is laudable on several counts. The constitutionally mandated structure of the National Finance Commission represents an excellent model of a federal-provincial participatory decision making body with all the key stakeholders represented . The consensus decision rule further offers opportunity for political compromise and accommodation. This model is superior to so-called independent and largely academic grants commissions in India and Australia as the decision makers are not represented on latter bodies. The practical merits of such an institutional arrangements are borne out by the simplicity and transparency of the commission awards. The revenue sharing system practiced in Pakistan represents a simple, objective (formula based) and transparent way of reasonably secure and growing amount of revenues to the provinces. It provides transfers in a lumpsum, unconditional and predictable way to the provinces. The provinces are left with full discretion and complete autonomy over how to spend these funds. This facilitates the decentralization of fiscal responsibility and contributes to the efficiency of the federal system. The provinces remain accountable to their own constituents via the legislative process for the manner in which they provide services. The NFC award also facilitates the preservation of a fully harmonized tax system in Pakistan. It has enabled the federal government to retain major revenue raising responsibilities to achieve greater efficiency in tax collection and administration and lower the compliance costs of the tax system. These arrangements have avoided tax jungles that continue to block the reform of sales taxes in India. The NFC awards equalize to an uncertain standard the fiscal needs of the provinces as population represents a good proxy for fiscal needs. 4 The revenues returned by origin represents an acknowledgement by the federal government that resource royalties are provincial own source revenues and simply collected by the federal government. The special grant program for NWFP and Balochistan provides additional unconditional assistance to the two smaller provinces with lower than average fiscal capacities and higher than average expenditure needs. This recognizes the differential needs arising from a dispersal of population over a large area to be serviced in Balochistan and the mountaineous terrain and influx of Afghan refugees in NWFP . Drawbacks of the Existing System For all its simplicity and effectiveness in getting funds into the hands of the provinces with a minimum of intrusion, revenue sharing has some drawbacks especially if relied on excessively as is the case in Pakistan. The main issue concerns the fact that provinces receive these funds like manna from heaven with no accountability to tax payers. They do not experience the pains of justifying additional taxes to their constituents while enjoying the pleasures of spending on their pet projects. Due to their unconditional nature, and rightly so, there is also no oversight requirements by the federal government. A related concern is that while provinces are left with considerable discretion in the use of revenue sharing funds, they have virtually no discretion over the amount of funds they receive. If revenue sharing is seen as an alternative to other forms of federal-provincial transfers, this is no drawback. But revenue sharing in Pakistan leaves little revenue raising responsibilities with the provincial governments. In these circumstances tax decentralization options – such as tax base sharing might offer superior alternatives. Enhancing the ability of provinces to raise their own revenues can increase the accountability of provincial governments for their fiscal performance. Another important drawback of revenue sharing system is that it does not permit fiscal capacity equalization to a national average standard. Such an equalization system fosters a sense of unity in the nation as citizens benefit from having reasonably comparable levels of public services at reasonably comparable levels of taxation across the nation. Please note that the proposals currently under discussion in Pakistan to include backwardness, tax effort and other indicators in the NFC formula would make the system complex without achieving fiscal equalization. An additional important drawback of the revenue sharing system is that it deprives the federal government from having the lever to influence provincial priorities in order to achieve national objectives of say having national minimum standards in education and health to foster internal economic union. Such a system also works as an impediment to introducing an accountability for results and performance orientation culture in the public sector at the provincial level. Another potential drawback of the existing system is that the formula determining a province’s revenue allocation bears little relation to province’s expenditure 5 responsibilities. A province’s revenues grow at the rate of growth of federal revenues. This may differ considerably from the rate of growth of province’s expenditure responsibilities. Provincial expenditures on education, health, and infrastructure are likely to far outstrip growth in federal revenues. Finally, the existing revenue sharing program exposes the provinces to risks associated with changes in federal tax bases and collection performance. Both these risks, however, may be quite small as almost all federal revenues are included in the base. The program of returning resource royalties by origin seems also difficult to justify as the federal government collects revenues at centrally determined rates and then returns them to provinces on the basis of collection (see also Shah, 1996). While it can be argued that resource royalties as opposed to resource profit or rent taxes could be reasonably assigned to the provinces, but then provinces should be able to decide on the rates and structure of such royalties while collection could be either provincial or federal. The special grant program for NWFP and Balochistan is also flawed as the size of these grants are determined in an ad hoc manner and both the size and duration is unrelated to any provincial fiscal capacities. This program weakens accountability of provincial governments to their taxpayers without dealing with regional equity concerns in a satisfactory manner. Comments on the Conditional Grant Program The conditional grant programs have meritorious objectives – dealing mostly with access to basic services. Federal financing of programs that aim at expanding education, health, nutrition and water and sanitation services, is desirable. The ad hoc and discretionary nature of allocation of funds, focus on inputs alone with almost complete disregard for outputs make it less likely that these meritorious objectives will be advanced. Instead, micro management by federal and provincial administrations create potential for financing projects which may not suit local circumstances. The funds to MPA and MNA create an executive role for these legislators to the neglect of their role in providing oversight and accountability. These funds provide incentives for log rolling and political patronage. The total amount of funding available for conditional capital grant programs is so small that it is unlikely to deal with infrastructure deficiencies for basic services. A long term planning view to upgrade provincial-local services to setting national minimum standards is absent from the existing system. Restructuring Options for Federal-Provincial Fiscal Transfers If tax decentralization and tax base options as advocated from time to time (see Shah, 1996) are adopted, the need for a revenue sharing program to deal with vertical imbalances would be less urgent. Tax decentralization would, however, accentuate regional fiscal disparities. Therefore the case for a fiscal equalization program that enables all residents regardless of their place of provincial residence to have access to reasonably comparable levels of public services at reasonably comparable levels of 6 taxation , would take prominence. In addition, there would be a need for the federal government to have the ability to influence provincial policies through the use of its spending power (fiscal transfers to provinces). Keeping these two objectives in mind, the following long term options for the reform of fiscal transfers would be worthy of consideration. Long term Options (i) Fiscal capacity equalization program. This program will upgrade provincial fiscal capacities to a national average standard. A representative tax system approach to fiscal equalization is practiced in a small but growing number of countries. Under such an approach the fiscal capacity of a province equals the revenues that could be raised by a province if it applied national average tax effort to all its tax bases. A federal program attempts to bring all provinces to a national average per capita fiscal capacity (see Shah, 1994, 1996 for details on the application of this approach). Among developing and transition countries, Poland, Russia and Indonesia have adopted variants of this approach. (ii) Operating transfers to set national minimum standards: These transfers would be based upon simple demographic factors for distribution among provinces and there would not be any conditions on the use of funds but there would be expectations on the results (service delivery performance). Compliance failure would invite public censure but persistent failure to achieve agreed upon results could result in discontinuation of grant funds. An example illustrating such a transfer program is given in the annex. (iii) Capital transfers and credit access for upgrading infrastructure to national minimum standards. A planning view is required to determine minimum needs for infrastructure for various jurisdictions and a menu of capital finance (grants and loans) and public-private partnership choices to meet those needs. Short Run options While a serious attempt to develop a consensus on the long term fiscal system is made, it would be desirable not to tinker with the current revenue sharing system with stop gap measures, as currently under discussion by the new NFC, as such measures could potentially block movement to a more desirable system. The capital grant system, on the other hand, even in the short run, could be revamped to bring a planning perspective on capital grant allocation and access to credit finance and a results or service delivery perspective in the design of conditional operating assistance. Provincial-Local Fiscal Relations in Pakistan Local (district and tehsil) governments in Pakistan historically were run on selfsustaining basis with little (about 5% of total expenditures) assistance from the 7 provincial governments. Two recent events brought about major changes. First in 1998, local governments were directed to by the federal government to abolish octroi taxes against a federal IOU of receiving equivalent (2.5% of GST) revenues as grants. Second, the local devolution in 2001 brought a significant decentralization of expenditure responsibilities especially for social services. Again, this was to be accompanied by a system of unconditional fiscal transfers from the provinces determined by provincial finance commissions. These commission are typically chaired by the provincial finance minister and have as members: additional chief secretary, planning and development, secretary finance, accountant general, and two or more private citizens as members. The Commission has a limited tenure with a specific mandate but the commission secretariat is a permanent body usually housed in the finance department. The mandate of the commission is usually much broader than fiscal transfers only and covers most areas of provincial-local fiscal relations, All provinces have now established provincial finance commissions and these commissions have made awards for the distribution of provincial transfers to local governments. For both operating and capital transfers to district governments, the provincial governments determine the divisible pool and the commission recommends criteria for distribution of these funds to local governments. For operating transfers to tehsil governments, total pool is simply the federal transfers received in lieu of octroi and zila taxes and the province determines the criteria for distribution of funds among tehsil governments. The following paragraphs provide further elaboration of these programs. Provincial Operating Transfers to District Governments These are the largest unconditional formula based grant programs from the Provincial to local governments. Nearly 40% of provincial revenues are transferred to districts through these programs. The definitions of the divisible pools vary slightly but allocation criteria vary a great deal across provinces as discussed below. Provincial Divisible Pool What constitutes a divisible pool for allocation of local share varies somewhat across provinces with Punjab including all provincial revenues in the pool but other provinces making some exceptions as noted below: Provincial divisible pool by province: Punjab: Provincial revenues from all sources minus statutory of “charged” expenditures (Governor’s House, Provincial Assembly and the High Court) and debt charges, pensions and subsidies. Sindh: Provincial receipts from federal revenue sharing; federal revenues retuned by province of collection; provincial tax revenues. Provincial non-tax revenues are excluded. NWFP: Same as in Punjab. Provincial revenues from all sources minus provincial obligatory expenditures. The latter include: interest payments, debt repayments, pensions, subsidies, contributions to General Provident and Pension Funds and charged expenditures on the Governor’s House, Provincial Assembly and High Court. Balochistan: Provincial revenues from all sources except revenues from 2.5% of GST. 8 Distribution Criteria Interestingly enough all provinces have adopted a formula based revenue sharing approach for the transfer of funds from the divisible pool to the district level governments. (see Table 2). None of the provinces as of this date has considered an objective based fiscal transfer system. Table 2: Provincial Operating Transfers to Districts (Provincial Finance Awards ) - FY 2002-2003 Total pool and distribution criteria Punjab Sindh NWFP Balochistan Local share of the Provincial Divisible Pool 39.8% 40% 40% 31% Formula factors with weights: 100% 100% 100% 100% Population 75% 50% 50% 50% Backwardness 10% 17.5% 25% Tax effort 5% 7.5% Fiscal austerity 5% Area 50% Development incentive/ infrastructure 5% 25% deficiency Hold harmeless/ transitional assistance 25% Source: Author’s stylized view of PFC awards Population is the most important indicator used in all provincial awards. Backwardness index is used by three of the four provinces and tax effort provisions are incorporated by the two largest provinces. Balochistan gives 50% weight to district area and NWFP assigns 25% weight to infrastructure deficiency. In all cases grant funds vary directly with fiscal need but fiscal capacity has no influence on grant entitlements. Provincial Operating Transfers to Tehsil and Union Council Governments Provincial operating transfers to tehsils and union councils are simply based on the revenues received by the province from federal grants in lieu of octroi and zila taxes. Various provinces have adopted different allocation criteria for allocation of these funds to tehsil and union council governments Punjab: 88.5% of OZT transfers of 6,962 million rupees were allocated to tehsils based upon historical shares. 4.3% each were allocated to union councils and “poor” tehsils and the remaining 2.9% as special grants to selected local governments. Sindh: 65% of OZT transfers of 10,000 million were distributed to tehsils using data on historical shares of collection of OZT. 28% distributed as a replacement for the KPP program and of these 70% allocated to tehsils and 30% to Talukas (Union Councils) by giving 70% weight to population and 30% to backwardness. 9 NWFP: 90% of the OZT revenues (10% of OZT given to districts using the PFC formula for operating grants) were transferred to tehsils (using historical shares) and union councils (equal amounts). Balochistan: OZT revenues were distributed to district , tehsil and union councils on the basis of 40:25:35 percent of total respectively. The PFC award formula was used for distribution to governments within each category. Provincial Capital Transfers to Local Governments Punjab: Total pool for these transfers is determined arbitrarily based upon available funds from the provincial ADP (annual development plan) allocations. 75% of total pool is for distribution to districts and the remaining 25% to tehsils. Two thirds of these funds are distributed by population and the remaining by “backwardness”. Sindh: 70% of available ADP funding is distributed to districts using the PFC award formula for inter-district allocation. NWFP: 60% of provincial ADP funds are transferred to districts. Of these 90% are distributed among districts using PFC award criteria for capital transfers ( Population :50%, Backwardness:30%, backlog for ongoing schemes 10%; equal share 10%). The remaining 10% of the funds are given as special grants for the completion of on-going projects. Balochistan: Contrary to the practice in other provinces, Balochistan does not earmark a share of ADP as development transfers to local governments. Allocation of any available monies on account of capital transfers to local governments is based upon population (50%) and service area (50%). Provincial-District-Tehsil-Union Council Fiscal Transfers: A Qualitative Evaluation The revenue sharing system at the provincial level has similar potentials as well as perils as those highlighted for the federal system earlier. In the following, salient merits and demerits of the provincial revenue sharing system are highlighted. Merits of the system of Provincial-Local Revenue Sharing System in Pakistan The system of revenue sharing adopted by the provinces is commendable for several reasons. The new institutional arrangements for determining the divisible pool and the distribution criteria are transparent and a large pool of resources are being transferred to local governments using reasonably objective methods. The formula factors primarily emphasize various indicators of local expenditure needs. The emphasis on these factors had a positive impact on the provincial information base of local governments and their fiscal needs. Local government enjoy full autonomy in the use of available transfers. 10 Demerits of the Provincial-Local Revenue Sharing System The new revenue sharing system has important limitations. 1. The one size fits all approach used by the provincial finance commissions of all provinces is seriously flawed. Under this approach all local jurisdictions are treated alike creating significant inter-jurisdictional fiscal inequities. Large city districts with a larger menu of local services and very different needs are lumped together with smaller largely rural districts. OZT transfers to tehsils are primarily based upon historical shares and no clear recognition of current responsibilities for municipal services. 2. The awards completely ignore the differential fiscal capacities of various local governments. This neglect makes the distribution of revenues solely based upon expenditure needs inequitable and indefensible. 3. The awards do not fully match the transferred expenditure responsibilities at the local level leaving relatively higher revenues with the provinces than required by their newer responsibilities. Thus vertical imbalances persist even after the transfer of significant resources to local levels. Such imbalances impede the realization of improvements in service delivery associated with decentralized management. 4. The awards have the potential to weaken local government accountability to resident taxpayers. Such bottom-up accountability is considered critical for the success of any decentralization program. With devolution, local government dependency on provincial and federal transfers has become overwhelming. This creates strong incentives for local elected officials (like their provincial counterparts in the case of NFC) to be much more focused on influencing provincial distribution criteria at the neglect of local revenue raising efforts. 5. Finally and most importantly, the provincial finance commissions have failed to recognize the role of fiscal transfers in enhancing efficiency and equity of the federal system by providing the right incentives for responsive, responsible and accountable governance (see Annex 1). In fact, the finance commissions are focused primarily on dividing the pie have given no consideration to creating an enabling framework for improved local service delivery performance and better local governance. Restructuring Options for the Reform of Provincial-Local Fiscal Transfers The system of provincial-local fiscal relations requires a systemic examination. The impressionist examination presented in this note offers the following conclusions. a. Pakistan needs a careful examination of tax decentralization options at the local levels. Provincial Local Governments Acts, 2001 have advanced this agenda but much more work remains to be done. 11 b. To achieve minimum standards of local services across various municipalities and to introduce competition and innovation in service delivery and accountability for results at the local levels, the need for introducing local fiscal equalization (see Annex 1 for a discussion of fiscal capacity equalization transfers) and performance oriented fiscal transfers for education, health and infrastructure (see Box 1 for an example of a performance oriented transfer) can hardly be overstated. These transfers must be separately constituted for each type of districts: city districts, large, medium and small districts and tehsils of various population sizes. c. Capital transfers also need to take planning view about the requirements to establish minimum standards across jurisdictions and the potential sources of capital finance including grants and provincial assistance for credit market access where feasible. Box 1. An example of a performance oriented grant: education grant to set minimum standards, while encouraging competition and innovation Allocation basis among local governments: school age population. Distribution to providers: equal per pupil to both government and private schools. Conditions: universal access to primary and secondary education regardless of parents’ income; improvements in achievement scores; no condition on the use of grant funds. Penalties for non-compliance with standards: public censure, reduction of grant funds. Incentives for cost efficiency: retention of savings. Source: Shah (2002) 12 Annex 1 Designing Fiscal Transfers: Dividing the spoils or creating an enabling framework for innovative and competitive service delivery1 Intergovernmental transfers are the dominant source of revenues for subnational governments in most developing and transition economies (DTEs). The design of these transfers is of critical importance for efficiency and equity of local service provision and fiscal health of sub-national governments (see Appendix table 4 for general principles and better practices in grant design). For enhancing accountability it is desirable to match revenue means (the ability to raise revenues from own sources) as closely as possible with expenditure needs at all levels of government. However, higher level governments must be allowed greater access to revenues than needed to fulfill own direct service responsibilities so that they are able to use their spending power through fiscal transfers to fulfill national and regional efficiency and equity objectives. We can identify six broad objectives for national fiscal transfers each of which may apply to varying degrees in different countries and each of which calls for a specific design of fiscal transfers. i. To bridge fiscal gap: A fiscal gap is defined as an imbalance between the revenue-raising ability of regional and local governments and their expenditure responsibilities. To deal with fiscal gap, it is important to deal with the sources of this gap through reassignment of responsibilities, tax decentralization or tax abatement by the center and tax base sharing (by allowing sub-national governments to levy supplementary rates on a national tax base). Only as a last resort unconditional formula based transfers or revenue sharing based on the origin/derivation (point of collection) principle may be considered as options to deal with this gap. This is because such transfers weaken accountability to local taxpayers. In DTEs, general revenue sharing are typically used to deal with fiscal gap. A number of countries including China, India, Malaysia, Pakistan, South Africa have in the past tried deficit grants to fill fiscal gaps at sub-national levels with unwelcome results in terms of mushrooming of sub-national deficits. These grants are still in vogue in China, Hungary and South Africa. ii. To correct fiscal inequities and fiscal inefficiencies arising from differentials in regional fiscal capacities Decentralized decision making results in differential net fiscal benefits (imputed benefits from public spending minus tax burden) being realized by citizens depending upon the fiscal capacities of their place of residence. This leads both to fiscal inequity and fiscal inefficiency in resource allocation. Fiscal inequity arises as citizens with identical incomes are treated differently depending on their place of residence. Fiscal inefficiency in resource allocation results from people in 1 This is based upon Anwar Shah (2002). Fiscal Decentralization in Developing and Transition Economies. In Raoul Blindenbacher and Arnold Koller, Editors (2002). Federalism in a Changing World – Learning from Each Other. McGilli-Queen’s University Press, Montreal and Kingston, Canada. 13 their relocation decisions comparing gross income (private income plus net public sector benefits minus cost of moving) at new locations whereas economic efficiency considerations warrant comparing private income minus moving costs. Thus a nation which values horizontal equity (i.e., the equal treatment of all citizens nationwide) and fiscal efficiency will need to correct the fiscal inequity and fiscal inefficiency which naturally arise in a decentralized government.. Central-state grants can eliminate these differences in NFBs if the transfers to each region depend upon the tax capacity of the region relative to others and upon the relative need for and cost of providing regional public services. The more decentralized the tax system is, the greater the need for equalizing transfers. Most transition economies have equalization components in their grant programs to sub-national governments. Latvia, Lithuania, Poland, Romania, Russia and Ukraine have adopted transfer formulae that explicitly incorporate either fiscal capacity and/or expenditure need equalization concerns. In developing countries, programs using an explicit standard of equalization are untried, although equalization objectives are implicitly attempted in the general revenue sharing mechanisms used in Argentina, Brazil, Colombia, India, Nigeria, Mexico, Pakistan and South Africa. These mechanisms typically combine diverse and conflicting objectives into the same formula and fall significantly short on individual objectives. Because the formulae lack explicit equalization standards, they fail to address regional equity objectives satisfactorily. iii. To compensate for benefit spillovers. This is the traditional argument for matching conditional grants. Regional and local governments will not have the proper incentive to provide the correct levels of services which yield spillover benefits to residents of other jurisdictions. A system of open-ended matching grants based on the expenditures giving rise to the spillovers will provide the incentive to increase expenditures. Typically, the extent of the spillover will be difficult to measure so the correct matching rate to use will be somewhat arbitrary. Although benefit-cost spill-out is a serious factor in a number of countries such transfers have not been implemented in developing countries with the single exception of South Africa. South Africa provides a closed-ended matching grant to teaching hospitals based upon an estimate of benefit spillovers associated with enrollment of non-local students and use of hospital facilities by non-residents. iv. Setting national minimum standards to preserve internal common market and attain national equity objectives. Setting national minimum standards in regional-local services may be important for two reasons. The first is that there is an advantage to the nation as a whole from such standards as these will contribute to the free flow of goods and services, labor and capital and reduce wasteful inter-jurisdictional expenditure competition, and will therefore improve the gains from trade from the internal common market. Second, these standards serve national equity objectives. Many public services provided at the sub-national level such as education, health and social welfare are redistributive in their intent, providing in-kind redistribution to residents. In a federal system, lower level provision of such services – while 14 desirable for efficiency, preference matching, and accountability – create difficulty in fulfilling federal equity objectives. Factor mobility and tax competition create strong incentives for lower level governments to under-provide such services and to restrict access to those most in need , such as the poor and the old. This is justified by their greater susceptibility to disease and potentially greater risks for cost curtailment. Such perverse incentives can be alleviated by conditional nonmatching grants where the conditions reflect national efficiency and equity concerns, and where there is a financial penalty associated with failure to comply with any of the conditions. Thus conditions will not be on the specific use of grant funds but attainment of standards in quality, access and level of services. Such grants do not affect local government incentives for cost efficiency but do encourage compliance with nationally specified standards for access and level of services. Properly designed conditional non-matching transfers can create incentives for innovative and competitive approaches to improved service delivery (see Box 1 in the main text for an example of such a grant). Conditional non-matching transfers to ensure national minimum standard are rarely used in DTEs. Central government transfers to provincial and local governments in Indonesia, central per capita transfers for education in Colombia and South Africa, and the capitation grant to Malaysian states come close to the concept of such a transfer. v. Influencing local priorities in areas of high national but low local priority In a federation, there is always some degree of conflict among priorities established by various levels of government. One way to induce lower level governments to follow priorities established by the higher level government is for the higher level government to use its powers of the purse, the so-called spending power, by using matching transfers. Open-ended matching transfers with matching rate (percent of expenditures financed from own sources by the recipient) to vary inversely with fiscal capacity would be consistent with this use. The use of ad hoc grants or open-ended matching transfers for local tax effort would be inadvisable. The former is unlikely to have behavioral responses consistent with grantor’s objectives and the open-ended nature of the latter may create budgetary difficulties for the grantor. India, Malaysia, and Pakistan use conditional closed ended matching programs. Pakistan in late 1990s got into serious difficulty by offering open-ended matching transfers for provincial tax effort. Central government had to abandon this program in midstream as it could not meet its obligations under the program. vi. To create macroeconomic stability in depressed regions Fiscal transfers can be used to serve central government objectives in regional stabilization. For this purpose capital grants would be appropriate provided funds for future upkeep of facilities were available. Experience with capital grants shows that such grants often create facilities which are later not maintained by subnational governments as they either remain unconvinced of the utility of such facilities or do not have the means to provide a regular upkeep. Capital grants are pervasive in DTEs and most countries have complex processes for initiation and approval of submissions for financing capital projects. These processes are greatly susceptible to lobbying, political pressures and 15 grantmanship and favor projects that give the central government greater visibility. The projects typically lack citizen and stakeholder participation and often fail due to proper local ownership, interest and oversight. In view of this difficulty, it may be best to limit the use of capital grants by requiring matching funds from recipients and by encouraging private sector participation in infrastructure by providing political and policy risk guarantees. Special issues in state/province-local transfers General purpose transfers to local governments requires special considerations as local governments vary in population, size, area served and the type of services offered e.g. urban vs rural. In view of this, it would be advisable to classify local governments by population size, municipality type, and urban/rural distinction and have a separate formula for each class of municipalities. Some common useful components in these formulae are: equal per municipality component, equal per capita component, service area component and fiscal capacity component. The grant funds should vary directly with service area but inversely with fiscal capacity. 16 Annex Text Table 1. Criteria for the design of intergovernmental fiscal transfers Autonomy. Subnational governments should have complete independence and flexibility in setting priorities, and should not be constrained by the categorical structure of programs and uncertainty associated with decisionmaking at the center. Tax base sharing – allowing subnational governments to introduce their own tax rates on central bases, formula-based revenue sharing, or block grants – is consistent with this objective. Revenue Adequacy. Subnational governments should have adequate revenues to discharge designated responsibilities. Equity. Allocated funds should vary directly with fiscal need factors and inversely with the taxable capacity of each jurisdiction. Predictability. The grant mechanism should ensure predictability of subnational governments’ shares by publishing five-year projections of funding availablility. Efficiency. The grant design should be neutral with respect to subnational government choices of resource allocatin to different sectors or different types of activity. Simplicity. Grant allocation should be based on objective factors over which individual units have liitle control. The formula should be easy to comprehend so that grantsmanship is not rewarded. Incentive. The design should provide incentives for sound fiscal manAgement and discourage inefficient practices. There should be no specific transfers to finance subnational government deficits. Safeguard of garntor’s objectives. This is best done by having grant conditions specify results to be achieved and giving the recipient flexibility in the use of funds. Singular focus. Each grant should be focused on a single objective. The various criteria specified above could be in conflict with each other and therefore a grantor may have to assign priorities to various factors in comparing design alternatives. Source: Anwar Shah (1994). The Reform of Intergovernmental Fiscal Relations in Developing and Emerging Market Economies. Washington, DC: World Bank 17 Annex Text Table 2: Principles and better practices in grant design Grant Objective Grant Design Better Practices Practices to avoid To bridge fiscal gap Reassign responsibilities Tax abatement Tax abatement and tax base sharing in Canada Deficit grants Tax by tax sharing Tax base sharing General revenue sharing with multiple factors To reduce regional fiscal disparities General Non-matching Fiscal capacity equalization transfers Fiscal equalization programs of Australia, Canada and Germany To compensate for benefit spillovers Open-ended matching transfers with matching rate consistent with spill-out of benefits Republic of South Africa grant for teaching hospitals Setting national minimum standards Conditional non-matching block transfers with conditions on standards of service and access Indonesia pre-2000 roads and primary education grants Colombia and Chile education transfers Conditional transfers with conditions on spending alone ad hoc grants Influencing local priorities in areas of high national but low local priority Open-ended matching transfers (with preferably matching rate to vary inversely with fiscal capacity) Matching transfers for social assistance as in Canada ad hoc grants Stabilization Capital grants provided maintenance possible Limit use of capital grants and encourage private sector participation by providing political and policy risk guarantee Stabilization grants with no future upkeep requirements Source: Shah (1994, 1998). 18