THE UNITED REPUBLIC OF TANZANIA PRIME MINISTER’S OFFICE, REGIONAL ADMINISTRATION AND LOCAL GOVERNMENT Final Report A Study on LGAs Own Source Revenue Collection Prepared by PMO-RALG P.O.BOX 1923 Dodoma November, 2013 November, 2013 A Study on LGAs Own Source Revenue Table of Contents Table f Contents............................................................................................................................. i List of Abbreviations and Acronyms ...................................................................................... vii Preface.. ......................................................................................................................................... ix Executive Summary .................................................................................................................... xi CHAPTER ONE ........................................................................................................................... 1 1.0 Background of the Study .............................................................................................. 1 1.1 Introduction.................................................................................................................... 1 1.2 Statement of the Problem ............................................................................................. 2 1.3 Objectives of the study ................................................................................................. 3 1.3.1 The specific objectives of the study for each LGA are to ......................................... 3 1.4 Research Questions ....................................................................................................... 4 1.5 Significance of the Study .............................................................................................. 4 1.6 Scope and Delimitation ................................................................................................ 4 CHAPTER TWO ........................................................................................................................... 6 2.0 Literature Review .......................................................................................................... 6 2.1 Introduction.................................................................................................................... 6 2.2 Tanzania Social Economic Situation ........................................................................... 6 2.2.1 Population and Social factors performance ............................................................... 6 2.2.2 The GDP performance .................................................................................................. 7 2.3 Legislative Framework and Local Government Revenue Polices........................ 10 2.3.1 Constitutional of United Republic of Tanzania ...................................................... 10 2.3.2 Local Government Finance Act CAP 290 (RE 2002) ............................................... 10 2.3.3 Local Government (District Authorities) Act CAP 287 and Local Government (Urban Authorities) Act CAP 288 (RE 2002) ....................................... 11 2.4 Local Government Revenue, Taxation and Their Implications ............................ 11 2.4.1 Characteristics of a good revenue source ................................................................ 11 2.4.2 Principles of a good revenue assignment to the local level .................................. 13 i November, 2013 A Study on LGAs Own Source Revenue 2.4.3 Local Revenue Structure for LGAs ........................................................................... 19 2.4.4 Poverty reduction and revenue assignment: the incidence of local taxes .......... 20 2.5 Assessment of Current Local Government Revenue System in Tanzania.......... 22 2.5.1 Local Government Revenue System ......................................................................... 22 2.5.2 Local Government By-laws ........................................................................................ 23 2.5.3 Resource Mobilization – Non Tax Revenue under Big Result Now .................... 25 2.5.4 Remarkable Challenges .............................................................................................. 25 2.5.5 CAG Reports and Recommendations ...................................................................... 26 2.5.6 Current Local Government Initiatives ..................................................................... 28 2.6 International perspective............................................................................................ 30 CHAPTER THREE ..................................................................................................................... 32 3.0 Research Methodology ............................................................................................... 32 3.1 Introduction.................................................................................................................. 32 3.2 Research Strategies ...................................................................................................... 32 3.3 The Sampling, sample size and Data collection...................................................... 33 3.3.0 Sampling and sample size .......................................................................................... 33 3.3.1 Data collection.............................................................................................................. 35 3.3.1.1 Field data collection .................................................................................................... 35 3.3.1.2 Documentary review .................................................................................................. 35 3.4 Data Processing, Analysis, Interpretation and Presentation................................ 35 CHAPTER FOUR ....................................................................................................................... 37 4.0 Data Analysis and Discussion ................................................................................... 37 4.1 Introduction.................................................................................................................. 37 4.1.1 Analysis of the existing major revenue sources, the collection system/procedures and the existing rules and regulations. ................................... 37 4.2 The economic activities and revenue potentials ..................................................... 47 4.2.1 Challenges hindering own sources revenue collection to its potentials ............. 50 4.3 New sources of Revenue on available Districts Economic potentials ................. 60 ii November, 2013 4.4 A Study on LGAs Own Source Revenue Recommended methods to improve the revenue collection ................................ 69 CHAPTER FIVE ......................................................................................................................... 78 5.0 Conclusion and Recommendations .......................................................................... 78 5.1 Conclusion .................................................................................................................... 78 5.2 Recommendations ....................................................................................................... 79 5.3 Conclusion .................................................................................................................... 86 5.4 Issues for further research .......................................................................................... 86 ANNEXES ................................................................................................................................... 90 LIST OF QUESTIONNAIRES ................................................................................................... 91 A. AT REGIONAL LEVEL ............................................................................................... 91 B. LOCAL GOVERNMENT LEVEL .............................................................................. 91 C. TAXPAYERS ................................................................................................................ 93 iii November, 2013 A Study on LGAs Own Source Revenue List of Tables Table 1 : The National structure of the population age and sex ............................... 7 Table 2: GDP Growth rate 2002-2013 Tanzania mainland ......................................... 9 Table 3: List of RS and LGAs visited by zones .......................................................... 34 Table 4: The Average collections of major revenue sources for the period of 2007/8 - 2011/12 in Tsh. Millions ................................................................................ 39 Table 5: The Average collection of major revenue sources for the period of 2007/8 - 2011/12 in Tsh. Millions (Without Ilala MC)........................................................... 41 Table 6: Analysis of collection procedures by Zones Name of the zone................ 43 Table 7: The analysis of performance for the most outsourced Source for the councils using Council staff and those who outsourced) ........................................ 44 Table 8: Remittance procedures of revenues collected by Agents .......................... 45 Table 9: The analysis of Councils with the governing bylaws for revenue collections ........................................................................................................................ 46 Table 10 : The main Economic activities as mentioned by Councils ...................... 48 Table 11: The proportionality between the rates charged against economic potentials. ........................................................................................................................ 49 Table 12: Council who’s by - laws not updated timely ........................................... 51 Table 13: How political interference hampers the revenue enhancement by RS and by Councils .............................................................................................................. 52 Table 14: Councils which do not conduct Research before outsourcing ............... 53 Table 15: Rural Councils Collected Property tax in 2011/12 ................................... 54 Table 16: Councils proposed reintroduction of Livestock Cess .............................. 56 Table 17: Status of tax payers on paying taxes voluntarily...................................... 57 Table 18: Weakness in contract management ........................................................... 58 Table 19: RS and LGAs Mentioned Climate change as the problem to Revenue enhancement. .................................................................................................................. 59 Table 20: LGAs facing challenges in getting net turnover from TRA .................... 60 iv November, 2013 A Study on LGAs Own Source Revenue Table 21: New revenue sources as suggested by RSs and LGAs in Lake Zone .... 62 Table 22: New revenue sources as suggested by RSs and LGAs in Southern Zone ........................................................................................................................................... 63 Table 23: New revenue sources as suggested by RSs and LGAs in Southern Highland Zone ............................................................................................................... 64 Table 24: New revenue sources as suggested by RSs and LGAs in Coast and Central Zone ................................................................................................................... 65 Table 25: New revenue sources as suggested by RSs and LGAs in Northern Zone ........................................................................................................................................... 66 Table 26: the Education, training and sensitization requirements per zone ......... 70 Table 27: Taxpayers who are eager to see improved social services ...................... 71 Table 28: Recommendation of establishment of taxpayer’s own source revenue database ........................................................................................................................... 72 Table 29: Recommendation of to review bylaws on time ........................................ 73 Table 30: Recommendation of property tax to be charged at each LGA’s ........... 74 Table 31: Recommendation to harmonize local taxes .............................................. 74 Table 32: The stakeholders recommending the need of improving the M&E to own source revenue collection ..................................................................................... 75 Table 33: The need to have studies of potential for each own source .................... 76 v November, 2013 A Study on LGAs Own Source Revenue List of Figures Figure 1: Growth rate trend for the past 10 years ....................................................... 9 Figure 2: Comparison of the major revenue sources by zones (average of actual collections for five years) .............................................................................................. 39 Figure 3: Comparison of the major revenue sources by zones (average of actual collections for five years) without Ilala MC ............................................................... 41 Figure 4: Comparison of collection procedures (Outsourcing, Council Staff) by Zones ................................................................................................................................ 43 Figure 5: Comparison of the councils with by-laws governing .............................. 46 Figure 6 : The Education, training and sensitization need as demonstrated by Histogram........................................................................................................................ 71 vi November, 2013 A Study on LGAs Own Source Revenue List of Abbreviations and Acronyms BoA: Bank of Africa CAG: Controller and Auditor General CIA: Central Intelligence Agency CC: City Council DC: District Council GDP: Gross Domestic Product GIS: Geographical Information System GIZ: German Technical Cooperation IMF: International Monetary Fund LAAC: Local Authorities Accounting Committee LGA: Local Government Authorities LGCDP: Local Governance and Community Development Programme LGRCS: Local Government Revenue Collection System LGRMS: Local Government Revenue Mobilization System LGFA: Local Government Finances Act MC: Municipal Council MoAFSC: Ministry of Agriculture and Food Security NBS: National Bureau of Statistics NEMC: National Environmental Management Commission OSHA: Occupational Safety and Health Authority PMO-RALG: Prime Minister’s Office, Regional Administration and Local Government PFMRP: Public Finance Management Reform Programme RS: Regional Secretariat TC: Town Council TCCIA: Tanzania Chamber of Commerce and Industrial Association TCRA: Tanzania Communication Regulatory Authority vii November, 2013 A Study on LGAs Own Source Revenue TFDA: Tanzania Food and Drugs Authority TIN: Taxpayer Identification Number TSCP: Tanzania Strategic Cities Project TRA: Tanzania Revenue Authority SULGO: Support to Local Governance ULGSP: Urban Local Government Strengthening Program URT: United Republic of Tanzania USD: United States of Dollar viii November, 2013 A Study on LGAs Own Source Revenue Preface Local Government finances are important and form an integral part of public sector Finances of Mainland Tanzania. LGAs have significant responsibility in the public services delivery in primary and secondary education, water, road repair and maintenance and basic health care. LGA are important agent for resource mobilization as they collect 3-5 percent of all public sector revenues and they are responsible for over 20 percent of public sector spending. LGAs suffer from unpredictable fiscal transfers which results into poor service delivery. As such, a sound framework for local government finance is an important factor in assuring the public sector delivers quality public services and provides an enabling environment for economic growth that pursues an aggressive agenda of poverty reduction as well as strengthening good governance to the local communities. Local Governments are empowered with political and administrative control and provided with the financial resources to assure the effective delivery of services to the public. Since 1982, the Local Government Finances Act (LGFA) has been periodically amended to reflect intermittent reform efforts. However, the Act and its implementing regulations no longer provide a well-structured legal and regulatory framework for guiding administration of Local Government finances. Instead, the Act includes numerous unclear, duplicative, and in some cases contradictory clauses. In the other hand, the LGFA has never been properly reviewed and aligned with the Public Finance Act of 2001 following ever changing circumstances. Apart from legislative matters, there are other reasons that can be associated with declining revenues in LGA’s in Tanzania, including un-willingness to pay Taxes, poor planning before outsourcing, political interference, poor Contract Management and absence of tax payers’ database. ix November, 2013 A Study on LGAs Own Source Revenue Under these circumstances, Local Authorities are facing challenges in the areas of revenue administration, which includes revenue planning and strategies, internal controls over revenue, accountability and transparency in the whole cycle of revenue management. This study is an attempt to unveil the weaknesses in revenue management system, improve or establish revenue data base which will foster application of modern revenue planning and controls techniques so as to increase LGAs own source revenues. PMO-RALG through PFMRP IV has conducted a survey to “Evaluate LGAs Own Source Revenue Collection”. The outcomes of the study validates the facts that on one hand, LGAs revenue potential is not fully explored and in the other the nature of the Local taxes have insignicant tax yield which are also difficult to administer. The recommendations made herewith attempts to address the situation. I hope the issues raised and recommendation made thereon if full implemented will improve the revenue collection efforts in all Councils. I extend my sincere appreciations to all those who participated into any part of the assignment for their untiring efforts in accomplishing this important task. I particularly recognize the unwavering cooperation that the research personnel received from the 30 Councils and 16 Regional Secretariats through the process of evaluation to the point of writing this report. J. A. Sagini Permanent Secretary PMO-RALG x November, 2013 A Study on LGAs Own Source Revenue Executive Summary The main objective of the assignment was to Evaluate LGA’s Own Source Revenue Administration. The study was tailored to identify, assess and analyze the existing LGAs major revenue sources and the collection system/procedures, rules and regulations and recommend for improvement. Also the study related revenue potential and respective LGA economic potential. This report further discusses the role and challenges facing LGAs in tax and revenue collections. From that fact, the study recommends improvements in the methods of and the system of revenue collection or the tax administration to overcome tax evasion, improve collection efficiency, enforcement, reporting and transparency. Enhanced transparent and accountability will improve the ability to pay for extra and better services and therefore encourage voluntary tax compliance. The study has focused on thirty LGAs and sixteen RS which were visited. The selected LGA were divided into zones. Data was collected through mixed research approaches which were later analyzed. The study proposes various measures to improve, efficient and effective process and systems for LGAs revenue administration. Key issues or findings arising from the study and recommendations for revenue potential have been summarized as shown below: Total LGAs own source revenue accounts to about seven (7%) of the Total Domestic Revenue and equally to an average of 7% of the total LGAs expenditure. This implies LGAs over depend on Central Government fiscal transfers. LGAs major revenue sources are Property taxes, Land Rent, Produce Cess, Service Levy, Hotel Levy, Fees and charges and Licenses & Permits. xi November, 2013 A Study on LGAs Own Source Revenue Visited Councils do not have a clear revenue data base leading to some of them seldom use Tanzania Revenue Authority tax payers’ data and information for service levy assessment. Produce Cess in most Councils is not systematically collected and sometimes confuses as to who is to pay (where the farmer trades overseas - unclear point of incidence and point of payment). LGAs Outsourced revenues were not well and uniformly managed. Methods of procurement of revenue Agents and remittance of revenues also significantly differ. Performance of the LGA outsourced revenue depends on the nature of the source. Market dues perform better by way of internal arrangements while Bus stand fees are doing better when outsourced. Most of LGAs (73%) revenues are governed by the principal legislation instead of by- laws. The study revealed that 24% of respondents of the visited councils indicated that the rates charged on various economic activities are proportional to the council economic potentials, 43% showed that there is no proportional and 33% reflected that the rates charged to some of the revenue sources are proportional while other sources are not proportional to economic activities. xii November, 2013 A Study on LGAs Own Source Revenue Based on the Findings, the study recommends the following:S/N Observations 1 Lack of Revenue Database 2 Outdated By Laws 3 Inadequate compliance promotion strategy through awareness raising Recommendations LGAs have to establish a computerised Taxpayer database in order to enhance efficiency and minimize human error and incidences of corruption. This will enable LGAs to have realistic revenue projection, budget estimate, collection and spending. However, LGAs and Tanzania Revenue Authority (TRA) have to share and exchange tax and taxpayers’ related data and information to reduce collection costs. MoF and PMORALG must find possible ways to enable different revenue systems such as Taxpayer Identification Number (TIN) that can be used and shared between one LGA and a corresponding TRA Region Office. LGAs By-laws are not regularly revised. It is recommended that Government through PMORALG have to issue guidelines that will help LGAs in the process of reviewing their by-laws. The guidelines have to provide the time frame for the process of reviewing By-laws. This will not only allow the by-laws to be reviewed, but also will show the areas that need improvement, pertinent stakeholders, their responsibilities and resources required. Tax compliance promotion strategy refers to activities designed to encourage voluntary compliance with the requirements of revenue laws and by-laws. Such a strategy forms an integral part of any effective compliance strategy, the other xiii November, 2013 S/N 4 5 6 A Study on LGAs Own Source Revenue Observations Recommendations component being an enforcement strategy. LGAs have to determine the most effective compliance promotion and enforcement response. The key elements of an effective tax compliance promotion strategy that may be considered are; providing education and technical assistance to taxpayers, building public support, publicizing success stories. Lack of established Indicative Established Indicative Market Prices Market Prices. is the preliminary estimate of the bidding and offer price provided by market makers. It have been urged that all LGAs should conduct an Independent survey to identify Indicative Market Prices for LGAs Investment Properties. (Survey to be conducted in 2 years’ time) Lack of Legal and Disciplinary LGAs need to have both legal and Actions disciplinary mechanism against revenue officials being accused of misconduct and doing other illegal practice which in turns create a big loss of revenue to the Councils. Corrective measures to reprimand Councils Director who fails to meet the minimum threshold of own source revenue collection established. Education/Training/Sensitization Political leaders need be educated on their related responsibilities to assist the council in terms of revenue collection; Council revenue officials need training on the following grounds: Capacity building on revenue matters to be able to provide education to taxpayers; Capacity building for the sake of xiv November, 2013 S/N 7 A Study on LGAs Own Source Revenue Observations Recommendations sensitization of taxpayers on their importance of paying taxes; Training on different revenue databases systems; Taxpayer themselves need awareness on their significance importance to pay tax for the benefits of their wellbeing but the council should also demonstrate how people benefits from these taxes. Both the Central government and LGAs need to dialogue on Reintroducing some of the abolished sources. LGAs are eligible to benefit from the natural resource that are available in their area of jurisdiction.However MoF and PMORALG should work on how best to allocate service levy that is collected from the business done in different LGAs,usage of airtime as against sales of airtime in calculating service levy due. Local Government Finance Act to be revised to accommodate Hotel (Guest House) Levy as revenue source for LGAs. Livestock Cess, Livestock Movement Permit have to be reintroduced LGAs need to look on possibility of introducing motorcycle fees, Telecommunication Towers Fee property tax in rural areas (semi urban). Reintroducing some of the abolished sources and introduction of new sources xv November, 2013 S/N A Study on LGAs Own Source Revenue Observations Recommendations 8 Weakness in Contract Management PMO- RALG in collaboration with PPRA needs to issue a guideline to strengthen and ensure a good and proper guidance for outsourcing revenue collection. This will minimize potential loss of revenue that could occur due to improper contract management as well as losses due to LGAs’ failure to honor their contracts. 9 Political Support 10 Establishment of commercial courts 11 Revision of tax rates 12 Remittance and Payment Methods 13 Establishments of Task forces Political leaders should be involved in revenue collection system. The mechanism of holding them responsible for any failure to collect own source revenue at their area of jurisdiction to be made. Experience shows that, there is a great delay of business cases in normal courts at LGAs level and in turn hinder the collection of revenue from own source and sometimes create a big loss to the councils when ending up in paying compensation if the court rule the case in favor of the other part. LGAs are urged to revise the rates of taxes, fees and charges in a regular interval considering inflation rate and market prices which is an indicator that easily portrait the current economic potential of that particular area. Payment of taxes and levies to be done through banks, and other noncash methods like M-pesa, Tigo pesa, Airtel money and the like to reduce corruption and other frauds. To establish councils own source revenue task force that will be formed by councils officials in collaboration xvi November, 2013 S/N A Study on LGAs Own Source Revenue Observations Recommendations with some finance committee councilors to regularly monitor the collection of own source revenue. 14 Non-studies on each revenue Appropriate and relevant study on sources each revenue sources should be conducted to explore individual revenue source tax yield potential. 15 Property Tax to be charged at Revision of the rules and guidance each LGA’s relating to property tax to allow every LGA to access and charge on it 16 Un Improved Social Services and The improvement of social services is poor customer care in public one of the important factor considered service point (LLG) to accelerate the growth of own source revenue in our Local Authorities. 17 Political Interference Political Interference was mentioned as one of the critical major factors hindering revenue collection in LGAs. Political leaders should be prohibited from doing any kind of business within their area of jurisdiction to avoid impairment of their respective decisions. Detailed discussion on issues/observations and recommendations are contained in chapter four and five of this report. xvii November, 2013 A Study on LGAs Own Source Revenue Layout of the report This research has six chapters as follows:Chapter one: this chapter focuses on the background information’s relating to LGAs own source revenue, the problem statement that has driven the study to be conducted as well as the scope of the study. Chapter Two: this chapter deals with issues relating to literature of own source revenue on legal frame in managing local Government both political and financial administration and other relates literatures on the Local Government finance. Chapter Three: This chapter presents Research Methodology on how the research was conducted. It illustrates research design, sample and sampling techniques, data collection, processing, analysis and presentation. Chapter Four: This chapter presents the Major Findings of the study. It links the findings and the research objectives and questions. Chapter Five: This chapter on Discussion of the matters relates the findings, the literature review and observations of the researcher. It establishes theoretical linkages between the findings and the theory. Chapter Six: This chapter presents major Conclusion and Recommendations drawn by the researcher based on the research findings. xviii November, 2013 A Study on LGAs Own Source Revenue CHAPTER ONE 1.0 Background of the Study 1.1 Introduction Many countries including Tanzania have embarked on decentralization programmes. The reason for this decentralization varies depending on political, economic and social development. In developing countries, the reasons centre on the need to establish working local governments which can deliver quality services to the people in a participative, effective and transparent way, where local authorities are directly accountable to the local people. Local authorities are the primary level government that provides basic services to the people. They are an important and an integral part of public services in Tanzania. To have a fully devolved system of local government it is essential that the LGAs have robust system of planning and control over their own revenue sources that will finance and improve local service delivery and encourage accountability to the people they serve. A sound revenue system for local governments is an essential precondition for the success of fiscal decentralization as well as the strategic stance to foster political and administrative accountability by democratic empowered communities. Many African local governments are facing a governance crisis and poor service delivery capability. Failure to ensure existence of sound and stable of revenue sources for local government implies that LGAs rely solely on Central Government grant transfers, and this effectively de-links local leaders from their electorate, weakens accountability and concern for cost-effectiveness. It is estimated that today local government authorities collect 3-5 percent of all public sector revenues (PMO-RALG, 2006). 1 November, 2013 A Study on LGAs Own Source Revenue The Local Governments in Tanzania have been authorized to collect their revenue in very specific terms so as to support their own expenditure (Kakwesigabo, 2010). A sound revenue system is essential and serves as a crucial tool for the successful running of local government (Oluwu and Wunsch 2003). The existing framework permits the Authorities to identify and design ways of raising finances through taxes, licenses, fees and charges. Section 6, 7, and 8 of Local Government Finance Act Cap 290 of 1982 provides for an extensive framework of LG revenue sources. Own source revenue is assumed as the main source of internal generating LGAs financing. Other sources are Local Government grants and Local Government borrowing. In this regard, PMORALG under PFMRP IV is at the forefront in providing support for the enhancement of a more effective, efficient and equitable system to collect revenue from own-sources. This has evolved to conduct a study aimed at enhancing local revenue mobilization for LGAs in Tanzania. It is expected that the outcome of this study will form the basis for systematic improvements of revenue collection systems at LGAs in the country. 1.2 Statement of the Problem The Local Government Authorities for many years have been facing problems of not performing well in revenues collected from their own sources while the cost of service delivery and infrastructure has been increasing year after year. This is a problem which faces many LGA’S in Tanzania and it’s not attributed to some of them. There are many reasons that can be associated with inefficiency of revenues collections in LGA’s in Tanzania. The Government of Tanzania through TSCP project has identified the un-willingness to Pay Taxes as one of the Main contributing factor in LGA’s finance problems. On the other hand, the Councils have not been able to bridge financial gaps that exist between revenue budget and actual revenue collections. 2 November, 2013 A Study on LGAs Own Source Revenue The analysis on Revenue collected from own sources by LGAs for the past 5 years have shown the parabolic trend of declining revenue compared to the actual revenue projections. This indicates that there is high level of tax evasion and low level of tax compliance. The question of unwillingness to pay may be one of the factors, but also the poor and inadequate services provided by these LGAs to the public may be another contributing factor. Demographics, politics, gender, negligence, technology, capacity and customer care also might be leading into this problem. In order to address this gap, the PMO-RALG has decided to conduct a study on, “LGAs Own Source Revenue Collection” under the Public Financial Management Reform (PFMRP IV). 1.3 Objectives of the study The main objective of the study is to Evaluate LGA’s Own Source Revenue Collection. 1.3.1 a) The specific objectives of the study for each LGA are to: Asses and analyze the existing major revenue sources and the collection system/procedures rules and regulations available (the ease or difficulty of collecting revenues) in order to identify gaps and options for improvements; b) To find out the potential of each selected source. c) Investigate factors that could have hindered LGAs from collecting taxes and levies from the said sources; d) Identify new sources of revenue on available District economic potentials; 3 November, 2013 e) A Study on LGAs Own Source Revenue Recommend improvements methods in the revenue collection system or the tax administration to overcome tax evasion, collection efficiency, enforcement and therefore voluntary tax compliance. 1.4 Research Questions The specific questions for the study were as follows; i. What are the major existing own source revenue in LGAs? ii. What are the collection procedures? iii. Are there any rules and regulations governing revenue collection? iv. What are the potentials of each selected source? v. What re the factors that hinder LGAs from collecting taxes and levies from the said sources? vi. What are the new sources of revenue on available Council economic potentials? vii. What are recommended methods to improve the revenue collection system in LGAs? 1.5 Significance of the Study The findings of this study will help the LGAs in Tanzania Mainland to identify the problems associated with poor revenue collections and revenue generation in general. It will also enhance LGAs’ capacity to generate more revenues which will enable LGAs to, expand and develop their revenue potential. 1.6 Scope and Delimitation Generally, this study focused on the extent and cause of poor revenue generation and how it affects development of the Local Government Authorities in 4 November, 2013 A Study on LGAs Own Source Revenue particular. The study concentrated on the “Evaluation of LGA’s Own Source Revenue Collection” of a respective 30 Districts Councils and it covered the trend of revenue collection for the period of five years i.e. 2007/08, 2008/09, 2009/10, 2010/11 and 2011/12. Furthermore, the study evaluated LGAs methods of collecting taxes and levies, and it related people’s response on service delivery satisfaction and their willingness to pay. Again it suggested on ways that can be used to create conducive environment to the taxpayers of the LGAs for sustainable and significant increase in revenue collections. 5 October, 2013 A Study on LGAs Own Source Revenue CHAPTER TWO 2.0 Literature Review 2.1 Introduction This chapter explained and analyzed the current issues involving the Local Government revenue in Tanzania. It has also built the platform for analyzing the findings as well as the study recommendations. 2.2 Tanzania Social Economic Situation 2.2.1 Population and Social factors performance Tanzania mainland has an area of 945,203 km2 with 62,000km2 covered by water, 3,350km2 covered by woodland and forest. It has been endowed with Natural resources such as minerals, arable land, and large population that contribute large internal market (URT MoAFSC, 2009). According to the 2012 Households census of Tanzania, the Tanzanian Mainland population is 43.6 million with the age structure of 0-14 years 21.98% male and 21.97% female, 15 – 64 years 24.87% male and 27.29% female and 65 years and above 1.84% male and 2.06% female Table 2.1. This structure provides the population age and sex structure which provide insights about political and social stability, as well as economic development. As it can be seen from this demographic structure the work force/dependence ration is 1:09 (Assuming that the majority of the population in years of 15 after completion of their standard seven joins the work force). Growth in population reflects expansion in private consumption hence is one of the drivers for the economic growth that is GDG growth. (Table 1) presents The National structure of the population age and sex 6 October, 2013 A Study on LGAs Own Source Revenue Table 1 : The National structure of the population age and sex Age Total Male Female 0-14 15-24 25-54 55-64 65+ Total % of Total 19,171,107 8,297,772 12,955,808 1,500,542 1,700,125 43,625,354 100.00 9,586,897 3,909,204 6,193,262 748,441 801,509 21,239,313 48.69 9,584,210 4,388,568 6,762,546 752,101 898,616 22,386,041 51.31 Age/sex as % of total/Age Male Female 50.01 49.99 47.11 52.89 47.80 52.20 49.88 50.12 47.14 52.86 48.69 51.31 Source: 2012 population and housing census, Vol. II. Health sector, Tanzania showed a decline in infant mortality rate from 58 deaths per 100 live births in 2007 to 51 in 2009/10, under five mortality rates from 91 deaths per 1000 live births 2007/08 to 81, maternal mortality from 578 to 454 deaths per 100,000 live births. Under education sector Tanzania show that one quarter of adult has no education, 32.5% of women and 16.9% of men are illiterate. Net school enrolment has increased from 59% in 2000 to 95.4% in 2010 and secondary net enrolment reached 27.8 in 2009 from 23% in 2007.These figures portraits highly increasing productive population. Labor force and employment: The labor force according to the County strategy paper 2011-2015 BoA, in 2006, it was estimated labor force about 19 million with over all participation rate of 89.6%, unemployment estimated at 4.3 and youth unemployment (age of 15-24) stand at 14.9%.However from the current census (2012) the labor force population in nearly 22.75 million (age of 15 – 64 years). The country has achieved impressive economic growth since the mid-1990s with reasonably low inflation. 2.2.2 The GDP performance Tanzanian’s economy depends on agriculture, which accounts for more than one-quarter of GDP, provides 85% of exports, and employs about 80% of the work force and the government has increased spending on agriculture to 7% of 7 October, 2013 A Study on LGAs Own Source Revenue its budget (CIA World Fact book). The crop subsectors contributes 35% of GDP and grows at the rate of 3.8%. Food crop contributes 65% of Agriculture GDP (URT MoAFSC, 2009). For the years 2011 the GDP growth rate recorded to be 6.7 which is slightly lower when compared to 7.2 for the same period in 2010, however the average GDP growth in 2002-12 is respectable 6.5% per year due to high gold prices and increased production (CIA World Fact book), Quarterly NBS 2011). Regardless to the fact that agriculture dominates the economy, it face a number of challenges such as low productivity and high costs of production, various price and export controls in the sector risk undermining market condition and jeopardizing the long term sustainability. This sector needs to be integrated to various interventions with the value chain addition so as to increase productivity and revenue generation. Other sector which is currently fast growing and contributes in GDP is growth based on gold production and tourism. Since 2000 the mining sector has attracted a bulk of foreign direct investment contributing to its rapid growth. Never the less the contribution to GDP growth remains 2.3, partly because it is import dependent and is not linked to other sectors of the economy. Service sector grow rapidly in recent years accounting for approximately 47% and are expected to continue dominating in the foreseeable future. Industrial sector dominated by construction sub sector accounts for 23% of the GDP. Table 2 presents GDP growth in ten years, starting from 2012 to 2013. 8 October, 2013 A Study on LGAs Own Source Revenue Table 2: GDP Growth rate 2002-2013 Tanzania mainland Year 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Average Source: Quarterly NBS, 2011 Tanzania GDP per capita GDP Growth rate 5.8 6.3 6.2 7.7 8.9 5.8 7.1 3.8 7.2 6.7 6.55 Figure 1 below depicts the GDP trend as per table above for the period of ten consecutive years. Figure 1: Growth rate trend for the past 10 years GDP Growth rate 5.8 6.3 6.2 7.7 GDP Growth rate 8.9 5.8 7.2 7.1 6.7 6.55 3.8 Year Source: Quarterly NBS, 2011 Tanzania GDP per capita The Gross Domestic Product per capita in Tanzania was last recorded at 483.48 US dollars in 2012. The GDP per Capita in Tanzania is equivalent to 4 percent of the world's average. GDP per capita in Tanzania as reported by the World Bank, from 1988 until 2012, Tanzania GDP per capita averaged to 341.7 USD reaching highest value reached 483.5 USD in December of 2012 and a record low of 278.4 USD in December of 1994. The GDP per capita is obtained by dividing the country’s gross domestic product, adjusted by inflation, by the total population. 9 October, 2013 A Study on LGAs Own Source Revenue Tanzania has potentials to provide transport and logistics services, it has endowed with rich natural resources including land, water bodies, forest reserves, wild life and minerals. Tourism sector offers various employments direct like jobs and indirect. Under this sector there is still more room for growth through strengthening regulatory and support policy framework, marketing of the sector’s key attractions ensuring that sustainable utilization of wildlife, and other natural resources and incentivizing private sector investors to improve infrastructures. 2.3 Legislative Framework and Local Government Revenue Polices 2.3.1 Constitutional of United Republic of Tanzania Article 146(1) of the Constitution of the United Republic of Tanzania provides that the purpose of having Local Government Authorities is “to transfer authority to the people”. Local Government Authorities have been given power to participate and to involve the people in the planning and implementation of development programmes within their respective areas. Every Local Government Authority has a constitutional mandate and obligation; i. to perform the functions of Local Government in its area; ii. to ensure the enforcement of law and public safety of the people; and iii. to consolidate democracy within its area and to apply it to accelerate development of the people. 2.3.2 Local Government Finance Act CAP 290 (RE 2002) Section 6, 7, and 8 of Local Government Finance Act Cap 290 (RE 2002) provides for an extensive framework of LGA revenue sources. However, the actual yearly collections from this source have been erratic due to various factors which need to be identified and develop proper strategies to make the Act support enhancement of local revenues. 10 October, 2013 2.3.3 A Study on LGAs Own Source Revenue Local Government (District Authorities) Act CAP 287 and Local Government (Urban Authorities) Act CAP 288 (RE 2002) The above two Acts provide for the establishment of the Rural and Urban Authorities respectively as autonomous organizations and they have an important powers to carry out those functions established under the relevant acts. The basic functions of the LGA are: i. To maintain and facilitate the maintenance of peace, order and good governance within its area of jurisdiction; ii. To promote the social welfare and economic well-being of all persons within its area of jurisdiction iii. Plan for rural and urban development and further the social and economic development of its area of jurisdiction. iv. To effectively perform the above functions, LGAs ought to have sound revenue base. One of the main sources of revenue for the LGA is transfers from the Central Government and is provided under section 10 (1) and (2) of the Local Government Finance Act Cap 290 (RE 2002). However this practice dilutes the autonomy of the LGAs as stipulated by the Constitutional. 2.4 Local Government Revenue, Taxation and Their Implications 2.4.1 Characteristics of a good revenue source Characteristics of a good revenue source are very intuitive and have been known for many centuries. In 1776 Adam Smith, a classic economist, formulated some of these principles in his seminal the Wealth of Nationwide certainty, simplicity, fairness, and equity. 11 October, 2013 A Study on LGAs Own Source Revenue A good revenue source should minimize the costs of compliance by taxpayers as the latter represent a pure waste to the society being a loss of time and efforts for the taxpayer without any associated gains for the National budget. In addition to the Smith canons, the modern public finance literature generally recognizes the following principles as commonly acknowledged characteristics of a good revenue source: Adequate revenue yield: The revenue yielded by local taxes should be adequate. Among others, revenue adequacy should be considered relative to the funding needs of the Local Government level and relative to the size of the economic base of the local community. Revenue buoyancy: Overall, revenues should change roughly in proportion to the economic base. This does not mean that Government revenue should follow short-term economic fluctuations. Rather, as the long-term economic development makes taxpayers demand a wider range and a better quality of services from the Government, this trend should be matched by increasing yield of the tax system applied to the growing economy. Equity: Good revenue sources are "'fair" or equitable. Economists consider two dimensions to fairness in a fiscal system: 1. The notion of horizontal equity suggests that taxpayers in similar circumstances should be treated similarly by the tax system. The tax should be fair not only in terms of definition but also application. Thus, for instance, tax assessments should be uniform and comprehensive. A perception of the tax as being "fair" is believed to contribute to the probability of voluntary compliance. 2. In addition to horizontal equity, the tax system should also display vertical equity, or fairness between taxpayers at different rungs on the income ladder. 12 October, 2013 A Study on LGAs Own Source Revenue The determination of what is "fair" is subjective, but at a minimum, most people believe that wealthier tax payers should pay more in taxes. As noted earlier, this principle is known as the "ability to pay" principle. The other notion of vertical equity often considered (particularly at the local level) is the benefits principles. As discussed above, the benefits principle suggests that taxpayers should pay taxes in (approximate) proportion to the benefits received from public services. Efficiency: An efficient revenue source minimizes administration and compliance cost, and in particular generates an amount of revenues well above these costs. Good taxes should not give taxpayers incentives to change their behaviors and discourage productive activities in the economy, good taxes should be difficult to avoid and evade. Politically acceptable: A good revenue source is politically acceptable and sensitive to the historical and institutional framework in a country. 2.4.2 Principles of a good revenue assignment to the local level Besides satisfying the outlined above criteria of being sound revenue instrument, a revenue source needs to meet some additional conditions to be a good local revenue source. First some taxes while satisfying the criteria of sound revenue instruments when applied at the national scale may not be so when levied by individual Local Governments. For example, payroll taxes collected "at source" (at the firm's location) might satisfy the benefit principle when levied at the national scale, in the sense that such a tax is borne by workers who benefit from the central government's healthcare and unemployment programs that would be funded with such revenue. However, the benefit Principle would be violated if 13 October, 2013 A Study on LGAs Own Source Revenue commuting workers had to pay such a tax in the locality where they work while consuming Local Government services in the locality where they reside. Second, is the dual role of taxes as both the sources of revenue and tools of Government policy, that the Local Governments are responsible for policies different from that of the Central Government hence, they might need different tools. Musgrave's (1956) "three-role" classification of Government activities is not only useful in considering the assignment of expenditure responsibilities, but can also be used to guide the assignment of revenue sources across different Government levels. It has been argued by many experts (e.g., Oates, 1972; McLure, 2000) that macroeconomic stabilization and income redistribution should for the most part be a central-level responsibility. Hence, tax instruments that can significantly affect macroeconomic stabilization and income redistribution should be assigned to the Central Government. For instance, most economists would argue that progressive income taxes should generally be assigned to the Central Government level, owing to its redistributive nature as well as to the economic stabilization that results from applying higher rates on growing income. However, the same reasoning does not apply to flat-rate surcharges on the national income tax. By the same token, in order to pool the cyclical fluctuations in revenues, revenue sources that are highly sensitive to general economic conditions should be assigned to the Central Government. If Local Government revenues (and therefore expenditures) follow closely the fluctuations of local economy, this pro-cyclical Local Government spending would exacerbate economic fluctuations by cutting public works in the time of recessions. Thus, sub National Governments should turn to more stable tax bases such as property taxes and consumption taxes. In addition to helping survive economic downturns, stable sources of revenue are also important for budgetary and financial planning (Frank, 1991) 14 October, 2013 A Study on LGAs Own Source Revenue Local Governments are mostly prescribed to engage in activities ensuring a more efficient allocation of public resources; they should be assigned revenue sources for which it is easier to establish a link with the benefits received by residents from local government spending (Bird 1999). The most obvious example of a revenue source satisfying this "benefit principle" is charging for specific services provided by local governments (the cost of issuing driver's licenses, and so on) and for goods and services provided by public enterprises (utility charges, museum admission, and so on). Besides generating revenue for Local Governments, user charges also have a great economic value of providing demand information to public sector supplier. This ensures that publicly provided goods are valued by citizens at least what it costs to produce them. Local Governments should rely on user fees to raise revenues for the delivery of a local service. Unlike user fees paid based on a free consumer choice, benefit taxes are compulsory contributions to local governments that are nonetheless related in some manner to benefits received by the taxpayer. As such, for benefit taxes there is either a specific or general link between the amount of taxation and the benefits from a specific Government service. For example, the size or value of a residential property relates quite closely to an individual taxpayer's benefits received from street improvements on which the property is located. By contrast, general benefit taxes can be exemplified by charges levied on motor vehicles and motor fuels, whose revenues can be used for the construction and maintenance of roads and highways and thus benefiting road users as a class. Likewise, property taxes are often considered a good benefit tax to finance local collective public goods. Unlike user charges, benefit taxes do not give a choice to local residents and thus do not provide Local Governments with information whether Local Government 15 October, 2013 A Study on LGAs Own Source Revenue services are demanded by the citizens and valued at least at what it costs to produce them. Nevertheless, relating taxes to the benefits of public spending has the major advantage of helping increase the accountability of Sub National Governments to their own constituencies. In jurisdictions where the level of taxation exceeds the value of the benefits of public spending, high-income individuals and investors could threaten to leave or never to come or invest there. Besides neutrality with respect to income distribution, economic fluctuations and adherence to the benefits principle, public finance theory and practical policy wisdom provide other desirable characteristics for Local Government taxes. Some of these characteristics are just corollaries of the principle stated above. Correspondence: A sound local tax should establish a, link between the jurisdiction in which a tax is levied and the area in which the benefits are received from the local services funded with that revenue source. Thus, the tax base should be readily identifiable with the local authority area. Adherence to the correspondence principle gives Local Governments the right incentives to fund an optimal amount of locally provided goods (where marginal costs equal marginal benefits). Geographic neutrality: taxes assigned to Local Governments should not interfere with internal commerce nor distort the location of economic activity. Thus Local Governments should not levy production-related sales taxes or source-related income taxes, except where justified by benefits provided to businesses and commuters. Visibility: Local taxation should be clearly perceived by local residents. That is, local taxpayers should be aware they are paying the tax, of its amount, and whom its payable and for what purpose. This enables local residents to evaluate 16 October, 2013 A Study on LGAs Own Source Revenue the efficiency of Local Government services as to how much value they get for the money they pay. Fiscal autonomy: Local Governments that lack some control over (at least the rate of) one or more significant sources of revenue can never truly enjoy fiscal autonomy. They cannot be responsive to the demands of their constituency as they cannot expand services when there is higher demand and cutback otherwise. Neither do Local Governments have flexibility for fiscal adjustment in response to rising costs. Local tax administration: Certain revenues are inherently better administered at the local level (e.g. property taxes), while Local Governments have a relative disadvantage in collecting others taxes (e.g., corporate profits tax). Local Governments should be assigned taxes for which there are information and enforcement advantages at the local level. For example, it is commonly argued that in the case of property taxes a more decentralized tax administration may have superior knowledge of local circumstances and ability to tailor procedures to local conditions and therefore be more effective in tax enforcement. The capacity to administer taxes is an important factor in the assignment of taxing powers to lower levels of Government and should explicitly to be taken into consideration. Vertical fiscal balance: Vertical fiscal balance exists when there is a broad correspondence between the expenditure responsibilities assigned to each level of Government and the fiscal resources available to each Government level to carry out those responsibilities. Horizontal fiscal balance: Horizontal fiscal balance refers to the existence of balance in fiscal needs and resources between different governments units at the same level of Government. Horizontal fiscal balance can be achieved through 17 October, 2013 A Study on LGAs Own Source Revenue intergovernmental transfers (equalization grants), thus, good local revenue sources have a tax base that is relatively evenly distributed across jurisdictions. Sometimes it is argued that local revenue sources should have an immobile base, so that local taxpayers are not able to move to avoid the local tax. However, in reality this is only a requirement if the local tax system fails to satisfy some of the principles for a sound local revenue assignment. For instance, if the benefit principle is preserved in assigning local taxes, the potential mobility of taxpayers would not necessarily bring about economic distortions, since taxpayers would be receiving local benefits in accordance with local taxes paid. Meanwhile, the potential mobility of taxpayers and tax bases can actually increase efficiency in the delivery of Local Government services by forcing local officials to provide a balanced basket of sub national services and sub national taxes. However, if non-benefit taxes are applied to mobile bases, inefficiencies can arise from tax avoidance costs, as taxpayers could try to reduce their sub national tax liability by moving between sub national jurisdictions without affecting the benefits received from publicly provided goods and services. Equally distorting, and therefore to be avoided, are local taxes that can be "exported" to taxpayers in other jurisdictions. Such local "tax exporting" is a practice that violates the correspondence principle. It is not only unfair but also encourages overexpansion of public services. Although clearly tempting and attractive to individual Local Governments, the assignment to Local Governments of taxes that can be exported lead to inefficient and irresponsible behavior of local governments at a national scale. In summary, the characteristics required from a good local revenue source follow logically from the goal of decentralization and the role that Local Governments are expected to play. To the extent that economic rationale for decentralization is to improve efficiency, the benefit principle is pursued to link the costs of public 18 October, 2013 A Study on LGAs Own Source Revenue services to the benefits delivered to local residents. Similarly, horizontal or political accountability of sub national officials requires the ability of Local Governments to affect at the margin the level of their revenues by choosing tax rates for some of the most important taxes assigned to them. Limited sub national taxing authority and dependence on the revenue decisions of the upperlevel government (including decisions concerning revenue sharing and most other forms of transfers) undermines the accountability of Local Governments to their residents. Inadequate revenue autonomy offers an easy "scapegoat" for poor local performance ("we do not get enough resources from the Central Government") and by generally weakening local taxpayer awareness of taxes and interest on the quality and level of local services delivered. A number of recent studies (Ter-Minassian 1997; Ebel and Yilmaz 2002) suggest that outcomes of decentralized spending depend on the form of financing used for these expenditures, with a crucial aspect being the extent of control that Local Governments can exercise over the sources of their revenue. Revenue autonomy is important for Local Governments for higher accountability of public officials and efficiency of expenditures, or for the ability to mobilize revenues and expand or contract the budgets at the margin; in addition, a healthful degree of revenue autonomy at all levels of Government is the only certain way to address vertical fiscal imbalance. 2.4.3 Local Revenue Structure for LGAs Local Government revenue consists of own-source revenue, grants from Central Government, Aids and borrowing. The Local Governments set rates, fees and charges to be collected in a given year taking into account planned expenditure, projection of grants from the Central Government, Aids from Development Partners and Loans from various sources. 19 October, 2013 A Study on LGAs Own Source Revenue Own-source revenue represents part of total revenue, aggregated at the national level. Together, Produce Cess, Service levy, property rates, fees and charges account for most of own-source revenue. However, their combined share to the National aggregates has remained insignificant over time. Total LGAs own source revenue amounts to seven percent (7%) of the total LGAs annual revenue. Source: CFR reports 2011/2012. Significant LGAs own source revenue will definitely reduce the budget deficit and enhance decentralization policy. Fjeldstad, 2007 as quoted in Kakwesigabo, 2010 conducted a study on challenges for Local Government revenue enhancement: he found that before the rationalization of local government taxes in Tanzania, most district council generated only 10-20 percent of their total revenue from own sources, of which development levy was the major source. 80-90 percent of total revenue in many rural types of council was conditional grants transferred from central government. Hence, fiscal autonomy in most local authorities was limited both with respect to revenues and expenditures. However, the rationalization had reduced the limited local autonomy even further. The study revealed the immediate consequences of the rationalization some council activities were scaled down or postponed. This provided room for further revenue reforms in LGA so as to increase their autonomy. On this, Fjeldstad (ibid) found out one major administrative problem today for many council is their inability to collect fully the revenue due to them. The study revealed the huge gaps between reported and projected revenues. This undoubtedly provided room for further study why LGA fails to raise enough revenues and how their budget implementations are affected especially particular district authorities (Kakwesigabo, 2010) 2.4.4 Poverty reduction and revenue assignment: the incidence of local taxes An important policy issue related to local taxation is its impact on inequality and poverty reduction. In some African countries local taxation is found to be 20 October, 2013 A Study on LGAs Own Source Revenue regressive in the sense that these taxes require lower-income taxpayers to pay a greater percentage of their income in tax than upper-income taxpayers (see Bahiigwa et al, 2004, on Uganda). Although a recent study in Tanzania found that wealthier taxpayers pay a substantial larger amount in local revenues, it is unclear from the preliminary results whether local revenues in Tanzania are actually progressive, proportional or regressive. However, we argue that the impact of taxes on poverty should not be viewed in isolation from the entire tax system of the country, the impact of services provided with these funds, and other benefits of local taxation. In fact, fifty years of economics literature (from Musgrave, Buchanan and Oates, to McClure, and Bird) suggests that local governments have a very limited role indeed in income redistribution, as this is a functional responsibility that should be generally assigned to the national level. As a result, we should not expect local taxes to be collected on a progressive basis in order to pursue the objective of income redistribution; instead, the benefit principle should be the main guidance in assigning revenue sources to the local level of Government. Thus, if local taxes meet this criterion, then the amount of money paid in local taxes by a local resident should be proportional to the benefits received by this taxpayer from Local Government services. In this case, the relationship between the amount of taxes paid and the income (or wealth) of this taxpayer would depend on the distribution of benefits from Local Government services across different income groups. For instance, police and fire protection is likely to provide greater benefit to owners of larger properties and, if financed with a benefit tax, would require wealthier households to pay more. 21 October, 2013 A Study on LGAs Own Source Revenue Thus, the primary determinant of the incidence (the progressivity or progressivity) of benefit taxation at the local level is the benefit incidence of the services provided by Local Governments. Furthermore, despite their apparent regressively, local taxes are important especially when some Local Government services would not be available in a particular community without these funds. For instance, although user fees are generally regressive, residents regardless of income would be better off in a community with safe public water sources funded by user fees when compared to a community where no safe drinking water is available, and all households would have to rely on more expensive private provision of potable water. 2.5 Assessment of Current Local Government Revenue System in Tanzania 2.5.1 Local Government Revenue System The capacity of local governments to mobilize revenue is important to their financial sustainability and their ability to promote the well-being of their local communities. The current Local Government revenue system in Tanzania is mainly originated from the rationalization of own sources revenue in the year 2003. Many local revenue sources were abolished, and nuisance of those taxes was one of the reasons cited for the abolishment. Major abolished sources included development levy and livestock cess. Thus there is no single LGA revenue source that is linked to the general population. Again, in 2004, in what had been regarded as attempt to create favorable environment for business, the Government abolished business licenses fees which also contributed much of the local revenue. Business licenses fees was re-introduced in 2012/13 and have started into operation in this financial year 2013/14. According to the CFR reports, 2008 as cited in Mzenzi (2013), the result of these pronouncements, total local revenue dropped by nearly 16.2% from TZS 57.7 billion in 2002 to 22 October, 2013 A Study on LGAs Own Source Revenue TZS 48.3 billion in 2003, and dropped further to TZS 43.8 Billion which is 11.3% in 2004. To compensate for abolishment of the development levy and other nuisance taxes, the Local Government compensation grant was introduced in the financial year 2003/04. Later it was referred as General Purpose Grant (GPG) after being combined with the local administration grant (ibid). 2.5.2 Local Government By-laws The local government Authorities has powers to formulate their own By-Laws within their area of jurisdiction. These powers are guaranteed by Local Government (District Authorities) Act CAP 287 and Local Government (Urban Authorities) Act CAP 288 (RE 2002). These acts provides the procedures under which district councils and Urban Authorities can make by- laws. • Under the local government (District Authorities) Act No. 7 of 1982, the procedure to make by - laws is provided under section 150(1), (2), (3), (4) and (5) of the law. Under section 150 (1) it is provided that, where a district council proposes to make any by laws, it shall give notice to the inhabitants of the area of its intention, in such manner as may most probably ensure that the notice shall come to the notice of all persons likely to be affected by the by laws proposed, and calling upon all interested person within the areas to lodge any objections or representations in writing with the council within such time as may be prescribed. • Section 150(3) provides that, after the by-laws have been made by the district council, they shall be lodged to the Regional commissioner in the region in which the council is situated for comment by him; and the Regional Commissioner shall as soon as practicable comment upon the by-laws and then submit the by-laws to the Minister for is approval. 23 October, 2013 A Study on LGAs Own Source Revenue • Section 150(4) provides that, the Minister may consent, or give or withhold his consent on such conditions as he may specify, to any bylaws submitted to him and may, upon the date of giving his consent , fix the date for the coming into the operation of those by laws., • Section 150(5) provides further that, the minister may, before approving any by law which affects a reserve or specific area or any other enacted law consult the Minister responsible for the relevant law or matter as the case may be. • Section 81 of the local government (Urban authorities ) Act No 8 of 1982, provides that, subject to the following provisions of this section where urban authority proposes to make any by laws, it shall at least two weeks before the meeting of the authority, at which it is proposed to consider the bylaws, give notice to its inhabitants of the area of its jurisdiction of its intention to, in such manner as may most probably bring the notice to the attention of all persons likely to be affected by the by laws indicating the precise purport of the bylaws proposed, and calling upon all interested persons within the area to lodge any objections or representation in writing with the authority within such time as may be prescribed. • Section 81 (3) states that, after any by law, or by laws has or have been made or amended by the authority, the by law, by laws or amendment shall be submitted for approval of the minister Responsible for Local Government. • Section 81(4) provides that, where any objection has been lodged and has not been withdrawn, the Minister may approve, alter or reject any by law, by laws or amendment and consent to the bylaws or amendment so submitted to him/her It should be noted that, once the bylaws is consented or approved by the Minister, it has to be forwarded to the Chief Parliamentary Draftsman for vetting. The vetted by law will therefore be taken to the government printer for 24 October, 2013 A Study on LGAs Own Source Revenue printing in the government gazette where it will be fixed with a Government Notice ready for use. 2.5.3 Resource Mobilization – Non Tax Revenue under Big Result Now Local Government Authority: Simplified guidelines for collection of property values and land data will enable every local council to easily value and hence tax properties and land. Local government authority own-source revenue is expected to increase by TZS 53 billion by 2015/16 with the implementation of this initiative. (Source: BRN Lab Report) Natural Resources: Forestry harvesting lots and wildlife hunting blocks will be auctioned for market forces to determine the best value of Tanzania’s natural resources. This initiative is expected to increase revenue by TZS 114 billion by 2015/16 (Source: BRN Lab Report) Mass Property Valuation for Dar es Salaam and 7 TSCP LGAs TZS 8,434.5 million is not captured due to inadequate coverage valued properties in Dar es Salaam and 7 TSCP LGA & TZS. 7,048.0 million is not captured from lack of land management database and large un surveyed land. (Source: BRN Lab Report) 2.5.4 Remarkable Challenges Local Government Authorities have reformed their tax collection systems in order to increase their revenue from time to time. Different measures have been implemented, yet still there are challenges in attaining their targets as well as collect to their full potential. The following are the challenges identified in different studies: i. Low collection rates; Mzenzi (2013) found out that, collection rates charged by the Tanzania LGAs in various sources are generally low and are regarded as unrealistic. Rates are supposed to be revised regularly depending on different circumstances like change in economy, but the 25 October, 2013 A Study on LGAs Own Source Revenue actual operationalization is constrained by the number of factors, prime amongst is the bureaucratic nature of the Government system. This in turn led to number of rates to be outdated. ii. Revenue Outsourcing Challenges: Despite the fact that Government tried to involve private sector in order to decrease revenue administrative costs, this has turn out to become a challenge. Mzenzi (2013) and CAG (2013) both found out that revenue has declined and collecting agents are benefiting more than the councils. Majority of the collecting agents normally fail to remit the collected amount to the council. Poor planning before outsourcing and inadequate monitoring of performance of contract were also addressed by CAG as revenue outsourcing challenges. iii. Low Awareness of Local Tax Payers: Again, Mzenzi (2013) found out that local tax payers lack sufficient product/businesses are subject to knowledge local on taxes what and the type of overall administration of the taxes concerned. Moreover, in some cases he found local tax payers are not aware about the payment procedures, timing for payment and even the amount to be paid. 2.5.5 • CAG Reports and Recommendations LGA Revenue Outsourcing According to various reforms including the Local Government Reform, LGAs are encouraged to involve Private sector to perform none core functions including collection of revenues on their behalf to increase efficiency. In implementing these policies it was found that, there is poor planning before outsourcing decision and Procedures to procure private collectors are not efficiently done. In the first place, it shows that LGAs do not conduct feasibility studies in order to make sure the outsourcing of revenue realize value for money. This includes 26 October, 2013 A Study on LGAs Own Source Revenue carrying out revenue potential assessment of how much the agent should remit to the Council (CAG report, 2012). LGAs were recommended to conduct a proper planning before outsourcing considering the proper market condition, assessment of revenue potential, merits of outsourcing and development of a risk management plan (CAG report, 2012). • Revenue Management Proper management of revenue collection from internal sources of LGAs is still a challenge due to weaknecess icluding, missing of revenue earning receipt books. A total 2990 books from 36 Councils were and therefore not availed for audit verification during 2011/2012 audit. 56 Councils were noted to have a sum of Shs. 4,466,028,478 being revenue from collecting agents not remitted to Councils. Weaknesses in internal control and monitoring of revenue collection resulting in non collection of own sources revenue amounting to Shs.8,008,669,844 in respect of the 30 Councils from various tax payers. Property taxes of Shs.4,345,570,497 equivalent to 38% of the budgeted amount of Shs. 11,405,440,517were not collected by 17 LGAs. Produce cess amounting to Shs.1,797,972,949 equivalent to 4% of the budgeted amount of Shs. 45,312,189,317 were not collected by 14 LGAs although there is laxity in establishing own source revenue budget (CAG report, 2012). • LGAs’ Own Source Revenue Trend against Approved Budgets In the year under review, 134 LGAs budgeted to collect revenue of Shs.297, 383,435,946 from their own sources. However, the actual collection was Shs.236, 716,345,736 indicating that, there was under collection of own source revenue of Shs.60, 667,090,210 equivalent to 20%, (CAG report, 2012). 27 October, 2013 • A Study on LGAs Own Source Revenue CAG overview on LGA’s Own Source Revenue Collection Trend against Recurrent Expenditure Recurrent expenditure refers mainly to expenditure on operations, wages and salaries, purchases of goods and services which are financed by recurrent grants and subsidies. LGAs’ collected own source revenue amounting to Shs.236,716,345,736 and incurred expenditure of Shs. 2,277,035,217,362 on recurrent operations. However, a comparison between actual own source revenue collected and expenditure incurred for recurrent operations by LGAs revealed that, LGAs are capable of funding their recurrent operations without depending on the Central Government and Donors by only 10.4%. However, there were Councils which had higher capacity to finance their recurrent operations without depending largely on the Central Government and Donors. These included Masasi Town Council collected own source revenue amounting to Shs. 276,414,826 compared to actual recurrent grant spent of Shs. 240,410,227 which is equivalent 115%. Then Dar es Salaam City Council with 78.4%, followed by Temeke Municipal Council with 57.8%. However,the council which lagery depends on grants from central Government and donors is Mwanga DC which its level of independency is only 1.5%. ( CAG Report, 2011/2012) 2.5.6 Current Local Government Initiatives There are different local revenue initiatives currently are undertaken in LGAs and National levels. The major programs and projects working on the improvement of revenue administration are TSCP and GIZ where by various efforts for individual LGAs have been noted. 28 October, 2013 • A Study on LGAs Own Source Revenue Tanzania Strategic Cities Project (TSCP) This project has an objective of improving the quality of and access to basic urban services in participating LGAs. Under this project the participating LGAs is intended to improve their revenue collection from potential sources including but not limited to property tax, city service levy, fees and charges... One of the proposed initiatives to achieve the above objective is to establish the Local Government Revenue Collection System (LGRCS) which is linked to the Geographical Information System (GIS) developed specifically for revenue collection. With time it has been is expected to be rolled out to all urban Councils. • Urban Local Government Strengthening Program (ULGSP) On the other hand, this project plans to deliver a range of improvements in urban services, including construction of small bridges, installation of street lights, and improved waste management among others. The project also under capacity-building component is expected to support urban planning, revenue mobilization, strengthening of procurement practices and improved management of human resources. • Germany Technical Cooperation (GIZ) GIZ through its continued support to LG (SULGO) has contracted GFA Consulting Group GmbH, Hamburg, and Germany to customize a tailored iTAX solution for LGAs which is also linked to Geographical Information System (GIS). iTAX is a computerized computing and accounting system for all local rates (levies, taxes) which stores all relevant (credit/ debit) data of the project in individual accounts and a relational data bank and thus helps to monitor/ control all tax transactions by its citizens and tax payers. iTAX aims to improve tax collection by sending out tax reminders and demanding action 29 October, 2013 A Study on LGAs Own Source Revenue from the taxpayers. It is a convenient and efficient way of tax collection and reduces administration and collection cost. The strength of iTAX is its capacity to assess tax, bill and enforce. The most significant benefit of iTAX is that it will help to increase the revenue in the LGA’s. It is efficient in revenue projections in the year, and how much they owe, and the exact size of property taxpayers own The system was expected to run from January 2013 in five pilot Councils which are Mtwara MC, Mtwara DC, Tanga CC, Bunda DC and Kinondoni MC (for property rates only). The LGAs covered under GIZ, TSCP and ULGSP projects are not enough since they are only 30 out of available 133 Councils (22.5%), so there is still a need to consider the unsupported LGAs. 2.6 International perspective According to Fosu and Ashiagbor (2012), in Ghana, property rates and business licenses constitute a substantial part of the total revenue for any Local Government is underutilized. This reduces the capacity of many local assemblies to develop and to provide services to its citizens. The billing and collection effort by many Assemblies have not lived up to expectation. The revenue collection rate is very low even though some local assemblies have employed private partners for the collection. This may be due to the following; Inadequate data on all economic activities in the district e.g. hairdressers, seamstresses, traders, barter, lotto kiosk etc, misclassification of properties and Business and Inappropriate tax assessment basis, lack of realistic means of accessing the revenue potentials due to lack of accurate data. Other reasons are revenue collectors not paying to the Assembly all monies collected and the absence of tracking mechanisms, property owners avoiding the payment of property rates, some individuals and small-scale enterprises engaged in economic activities avoid the payment of taxes to the Assembly and laborious 30 October, 2013 A Study on LGAs Own Source Revenue and time consuming business licensing and permit acquisitions therefore deter small scale business operators. In addressing the challenges, Ghana introduced the Local Government Revenue Mobilization System (LGRMS). It is an integrated Geographic Information System (GIS) and Revenue Mobilization tool that provides realistic information on the revenue potential of an assembly and automates the revenue mobilization processes. The same system could be initiated in Tanzania as it experiences most of the challenges in own sources management. Studies have indicated that district councils can collect revenues. The study conducted in Nepal in 2010 revealed that the available records shows that Himalayan DDCs generate revenue from various sources as per the authority provisioned by the Local Self Government Act and its Regulations. The yield from those various sources is very low compared to Terai and Hilly regions. Some of the revenue sources are not utilized yet due to economic unavailability, i.e. absence of market and insignificant volume of transaction in the district (LGCDP, 2010). The revenue performance in Nepal is similar in Tanzania; revenue yield from various sources differs from different zones, therefore necessitates the need to conduct revenue studies from time to time especially in changing Tanzanian economy. 31 October, 2013 A Study on LGAs Own Source Revenue CHAPTER THREE 3.0 Research Methodology 3.1 Introduction This part outlined the methodology used by the team to conduct the study. It elaborates the research strategy used, survey populations and the location where the actual research were conducted. The chapter entails the kind of data needed, variables used, data collection methods as well as data analysis. The exercise was conducted for the maximum of 30 days in each Zone. The taskforce team for the assignment comprised 4 Officers per zone (2 from PMO –RALG, 1 MOF and 1 from each RS). 3.2 Research Strategies The research strategy that was used to undertake this study was descriptive type which is suitable when the problem is well known and it follows precise rules and procedures. The study employed the mixed methods such as a combination of qualitative and quantitative approaches. They were combined because are situations more appropriate for qualitative research, while other situations are more appropriate for quantitative research. To reduce weakness in each method as the weakness of one approach was complemented by the strengths of the other. This research evaluates and describes the LGAs major source revenue by looking at the major sources, the collection procedures and identifies potential sources, strengths and weakness for each source. The strategy had an assumption that all LGAs are homogenous and for that reason the findings of this research is a replica of the all 133 LGAs in Tanzania. Descriptive strategy enabled the preparation of the detailed plan with regard to sampling and interview plans 32 October, 2013 A Study on LGAs Own Source Revenue 3.3 The Sampling, sample size and Data collection 3.3.0 Sampling and sample size Cluster sampling were used to sample 16 regions and five zones namely Southern, Northern, Lake, Southern Highlands and Central and Coast Zones for this study. Form the zones regions respondents to represent the regional secretariats was used. The LGAs were randomly selected through the table of random numbers. ` In order to ensure that the sample of LGAs selected for field mission is representative of the entire LGAs population and to adequately address the study’s objectives, the sample for 30 LGAs for field visit was derived from the main set of 133 LGAs by using the following criteria • LGAs which have higher collections. In this stratum, through the initial literature we selected fifteen (15) LGAs considering their geographical in terms of rural and urban; and • LGAs which have small revenue collection. In this stratum, we have chosen fifteen (15) LGAs taking into account their geographic proximity, rural and urban. The respondents from each Council were categorized into levels; The Regional Secretariat, Council Management Team, Councilors, Lower Level Leaders (Village/Mtaa/Ward Executive Officers and Chairpersons) and Tax payers. At the Council Management it was intended to have The Council director, Council treasurer, Council Planning Officer, Council legal Officer, Council Human Resource Officer, Revenue Accountants, for the Councilors is was indented to interview at least two Councilors who are members of the Finance Committee and for at least three tax payers (Large, Medium and small), together with the leaders of the LLGAs at least the Village/Mitaa Executive Officers and Chairperson. 33 October, 2013 A Study on LGAs Own Source Revenue In the regional secretariat, respondents selected are the one responsible supervision of LGAs in areas of finance. During the exercise in some area more interviewees attended especially for the Council Management team, councilors and leaders at the lower level hence, a total of 585 respondents were interviewed. The exercise was conducted for the maximum of 30 days in each Zone. The taskforce team for the assignment comprised 4 Officers per zone from PMO RALG, MoF, LGTI and RS. (Table 3) presents summary of RS, LGAs that were involved in the study. Table 3: List of RS and LGAs visited by zones S/No Zone RS Shinyanga 1 Lake zone Tabora Mwanza Mara Mtwara 2 Southern Zone Lindi Ruvuma 3 Southern Highland Zone Mbeya Iringa Dar es Salaam 4 Coast & Central Zone Coast Region Dodoma Morogoro Arusha 5 Northern Zone Kilimanjaro Tanga Source: Research Findings 34 LGA Shinyanga Kahama Tabora Urambo Magu Bunda Mtwara Mtwara Newala Lindi Nachingwea Ruangwa Songea Mbinga Mbeya Mbarali Iringa Mufindi Ilala Kibaha Bagamoyo Mpwapwa Morogoro Mvomero Arusha Monduli Moshi Siha Korogwe Muheza CC/MC/TC/DC MC DC MC DC DC DC MC DC DC MC DC DC MC DC CC DC MC DC MC TC DC DC MC DC CC DC MC DC TC DC October, 2013 3.3.1 A Study on LGAs Own Source Revenue Data collection Both primary and secondary data were collected. Primary data were collected 3.3.1.1 Field data collection The primary data were collected from 585.respondents through Semi Structured questionnaire prepared and administered by the team. The main respondents included Regional Secretariat (Local Government Section), Council Management Team (Council Director, Procurement, Finance, Planning, Agriculture, Legal, and Works). Councilors who are members of Planning and Finance Committee, Ward and Village/Mitaa Executive Officers and tax payers Questionnaires generated were distributed earlier to sampled LGAs and their respective Regions for preparation before the arrival of the team. 3.3.1.2 Documentary review Relevant documents were reviewed in the context of the study. The documents includes: budgetary reports, revenue performance reports, Finance and administration committee reports, Council by-laws, and relevant Acts relating to revenue collection in LGAs like Local Government Finances CAP 290, Local Government CAP 287and 288 for Rural and Urban Council respectively and Local Government (Urban Rating Act) CAP 289. Other studies reviewed were LG revenue administration reports, Reports on introduction of Private Sectors in enhancing revenue collection, CAG findings and recommendation and LAAC (Local Authorities Accounting Committee) Reports. 3.4 Data Processing, Analysis, Interpretation and Presentation Qualitative data were processed and themes were developed for categorization. Related themes were combined and comparing with the research objectives. Data collected through interview were analyzed as they are collected; only relevant data that answers objectives were recorded. 35 Data from questionnaires were October, 2013 A Study on LGAs Own Source Revenue grouped based on the questions for all respondents. The tables and themes were developed; Data collected through documentary review were grouped into themes as they were collected by using documentary review check list. All collected data were compared themselves, and by means in which they were collected for analysis and interpretation with regard to the research objectives. 36 October, 2013 A Study on LGAs Own Source Revenue CHAPTER FOUR 4.0 Data Analysis and Discussion 4.1 Introduction This chapter presents a detailed discussion and analysis of findings of the study with particular reference to the responses received, findings of the study, tables and figures and other related charts that are useful to the study. It presents discussions on the detailed profile of respondents. It presents the findings of the study as guided by research objectives. Data collected for the study were quantitatively and qualitatively analyzed. The findings, analysis and discussion relevant to each question have been presented accordingly with a view to evaluate LGAs own source revenue collection. 4.1.1 Analysis of the existing major revenue sources, the collection system/procedures and the existing rules and regulations. This part examines in details major existing revenue sources in LGAs, the collection procedures of revenues in LGAs, procedures for remitting revenue collection by Agents and Rules and Regulations Governing Revenue Collection • Major existing revenue sources in Local Government Authorities Respondents were asked to state the major existing revenues sources within their areas. The question was asked in three levels, the Regional Secretariat, Council Management and to the Councilors. This question was also covered from the review of the documents whereby it was revealed that, the major revenue sources are Property taxes, Land Rent, Produce Cess, Service Levy, Hotel Levy, Fees and charges, Licenses & Permits, and other sources 1 (Table 4). Among the mentioned major sources of revenues, its rank differs from one 1 Other Sources comprises a number of small revenues sources as per attachment …………. 37 October, 2013 A Study on LGAs Own Source Revenue Council to another and across zones. East and Central zone is leading in own source collection by 40% of the total average own source collected in the five zones. Service levy dominates as a major source followed by other revenues 2, whereby Produce cess dominates in the Lake zone followed by fees and permits while Northern zones obtain most of revenues from Fees and charges, service levy, licenses and permits. Southern Highlands obtain most of the own source revenues from fees and charges, produce cess, other revenues, and service levy while the Southern zone is the last earning most of its own source revenues from produce cess and other revenues. 2 Combines collections from other sources mention by individual LGAs but is report because of there are multiplicity 38 October, 2013 A Study on LGAs Own Source Revenue Table 4: The Average collections of major revenue sources for the period of 2007/8 - 2011/12 in Tsh. Millions Name of the Zone Central Zone Lake Zone Nothern Zone Southern Highlands Zone Southern Zone Total Propery taxes Land Rent Produce Cess Service Levy Hotel Levy 3,244 194 589 125 688 3,654 5,425 872 466 310 940 698 212 1,668 150 471 97 1,992 641 134 148 188 1,561 239 103 4,997 1,698 8,107 8,846 1,163 permits/lic enses 2,825 618 1,486 918 123 5,970 Fees Other 2,883 1,326 5,304 1,097 21,423 8,197 2,387 1,362 8,903 2,227 4,365 10,846 245 1,558 4,165 9,068 13,685 53,534 Source Council Financial Reports – 2007/08 – 2011/12 Figure 2: Comparison of the major revenue sources by zones (average of actual collections for five years) Source: Council Financial Reports (CFR) www.pmoralg.go.tz – 2007/08 – 2011/12 39 Total % of the total 40 15 17 20 8 100 October, 2013 A Study on LGAs Own Source Revenue The Eastern and Central zone’s result is highly influenced by the revenue sources and performance of Ilala Municipal Council. The analysis of the same information without Ilala Municipal Council changes the result to the highly performing zone being the Southern Highlands (28%) followed by the Northern zone (23%) and Lake zone (22%) (Table 5 and Figure 2) The leading source being produce cess in three zones, the Lake, Southern Highlands and Southern zones, while fees and charges is the next dominating in the Northern, Southern, Lake and somehow in central zone. This might be the result of the service levy act that requires companies to pay their taxes at source and there are many complaints on this that, most companies do work/conduct their activities in up countries and the benefits are accrued in other councils especially the urban councils where many companies open their head offices, and the marginal councils remains the victims of the negative impacts from those activities. 40 October, 2013 A Study on LGAs Own Source Revenue Table 5: The Average collection of major revenue sources for the period of 2007/8 - 2011/12 in Tsh. Millions (Without Ilala MC) Property taxes Land Rent Produce Cess Service Levy Hotel Levy Licences & Permits Fees and charges Other revenues Total own revenues Central Zone 392 77 503 422 248 720 1,034 2,602 5,998 % of the total 16 Lake Zone 194 125 3,654 872 310 618 1,326 1,097 8,197 22 Nothern Zone 940 698 212 1,668 150 1,486 2,387 1,362 8,903 23 Southern Highlands Zone 471 97 1,992 641 134 918 2,227 4,365 10,846 28 Southern Zone 148 188 1,561 239 103 123 245 1,558 4,165 11 2,145 1,186 7,922 3,843 945 3,865 7,220 10,984 38,109 100 Name of the Zone Total Source Council Financial Reports (CFR) www.pmoralg.go.tz – 2007/08 – 2011/12 Figure 3: Comparison of the major revenue sources by zones (average of actual collections for five years) without Ilala MC 5,000 Property taxes 4,000 Land Rent 3,000 Produce Cess 2,000 Service Levy 1,000 - Hotel Levy Central Lake Zone Nothern Southern Southern Zone Zone Highlands Zone Zone Licences & Permits Fees and charges Source Council Financial Reports (CFR) www.pmoralg.go.tz – 2007/08 – 2011/ 41 October, 2013 • A Study on LGAs Own Source Revenue The collection procedures of revenues in LGAs Section 29 (l) of the Local Government Finance Act, Cap 290 RE: 2002, give powers to Local Government Authority to appoint a person (particularly its employee) to be a rate or revenue collector. While section 31 (l) of the same Act, gives power to the Local Government authority t o appoint a person or persons as an Agent of collecting rates or revenues imposed by such an authority (outsourcing). The study revealed that, the councils use three procedures to collect revenues from their sources, that is using council staff, using an agent (outsourcing) or they use both methods i.e. outsourcing some of the sources while collecting the others by using Council staffs. From the data collected it was observed that only 7% of the council’s revenue from Southern zone (Mtwara DC and Newala DC) is collected by council staff while, the Councils in the remaining zones (93%) of the collections is done by both procedures that is councils staff for some sources and the others collected by agents (Table 6) For the sources collected by agents the procedures for procuring an agent is by way of tender as prescribed in the local government tender regulations of 2007. The main observed challenge is that, there is a weakness in the regulation as the collector can opt to remit either before or after collection, this necessitates the need for review the system of procuring these collectors. 42 October, 2013 A Study on LGAs Own Source Revenue Table 6: Analysis of collection procedures by Zones Name of the zone Zone Central zone Lake zone Nothern Zone Sothern Zone Southern Highlands Zone Total Percentage (%) Revenue Collected by Council Staff Both Agents and Council Staff 0 0 0 2 0 2 7 6 6 6 4 6 28 93 Source: Field findings Figure 4: Comparison of collection procedures (Outsourcing, Council Staff) by Zones 6 5 Central zone 4 Lake zone 3 Nothern Zone Sothern Zone 2 Southern Highlands Zone 1 0 Revenue Collected by Council Staff Both Agents and Council Staff Source: Field findings The analysis of the performance 3 which was calculated by taking the total of actual collections of revenue from that source (bus stand/market dues) from the respective council (Outsourced/collected by Council staff) divide by the total planned budget from the respective councils times 100%. The performance of the market dues and the bus stand shows that, the performance of the bus Budget and actual collection figures are those of 2011/12 since there was no information of when the respective source was outsourced, hence used the most current information 3 43 October, 2013 A Study on LGAs Own Source Revenue stand fee collection collected by an agents was 95% (actual collection total 763,124,986) of the plan (799,486,000) compared to the performance of total revenue from the bus stand collected by using Council staff which was 89% of the total amount planned to be collected (actual collection was 1,199,336,148 and the planned budget was 1,340,573,000), for the Market dues, the total revenues from councils whereby the staff are used to collect performed better (91%) (total actual collection was 468,368,200 and planned was 427,913,632) than where the market dues has been outsourced (52%) (total actual collection was 1,145,803,876 and planned was 2,183,100,000), (Table 7). The main observed challenge on the source like the market dues collected by agents, the estimated budget is too high compared to that planned to be collected by the Council staffs which implies unrealistic planning of estimates. This could probably cause problems as raised by CAG’s in chapter two. Table 7: The analysis of performance for the most outsourced Source for the councils using Council staff and those who outsourced) Name of the Source/Collection Bus stand fee, Collected by Council Staff Outsourced Market Dues Collected by Council Staff Outsourced Total Councils Budget Actual %4 12 18 1,340,573,000 799,486,000 1,199,336,148 763,124,986 89 95 11 19 468,368,200 2,183,100,000 427,913,632 1,145,803,876 91 52 Source: Revenue study 2013 • Procedures for remitting revenues collected by agents Procedure for remitting revenues collected by agents differs from one council to another and across zones. The study revealed that revenue collected by agent can be remitted to the councils in four ways namely; remittance in monthly and in advance, remittance in monthly after collection, remittance in 4 The percentage of the actual collection against planned budget 44 October, 2013 A Study on LGAs Own Source Revenue three Months and in advance and remittance in three months after collection. The result shows that, the most favorite procedure used by councils is remittance in monthly bases and in advance since in the five zones visited 50% receive remittance in Monthly basis and in advance (Table 8). Most council mentioned the fixed dates for remittance of revenues collected is on 20th to 30th of the respective Months as per their contracts. In some cases where the remittance is after collection, the Councils staff are engaged in collection in all sources that is 100% collected by the Council staff. The main observed challenge is non-compliance to the remittance schedule/contracts by some of the agents and sometimes leads to defaults; this challenge was also observed by CAG report of 2011. Table 8: Remittance procedures of revenues collected by Agents Name of the zone Monthly in advance Monthly after collection Three Months in advance Three Months after Collection 4 2 0 0 0 4 2 0 Northern Zone 5 1 0 0 Sothern Zone 3 3 0 0 Southern Zone Total 3 1 1 1 15 11 3 1 50 37 10 3 Coast and zone Lake zone Central Highlands Percentage (%) Source: Field findings • Rules and regulations governing revenue collection In the five (5) zones visited, respondents were asked to elucidate whether there are any Council by-laws governing the Revenue Collections. The study shows that 27% of councils interviewed have by-laws for revenue sources compared to 73 % of councils that do not have revenue sources by – laws for some sources 45 October, 2013 A Study on LGAs Own Source Revenue of revenue, which implied that, there some sources of revenues which are governed by only the principal legislation (Table 9). Table 9: The analysis of Councils with the governing bylaws for revenue collections Zone Yes Yes/No 5 Central zone Lake zone 3 3 3 3 Northern Zone 2 4 Sothern Zone 0 6 Southern Highlands Zone Total 0 8 6 22 Percentage (%) 27 73 Source: Field Findings Figure 5: Comparison of the councils with by-laws governing Source: Field Findings The respondents expressed their concern that, it is difficult to collect revenues governed by principal legislation than those governed by council bylaws since, principal legislation provide general conditions without stating the procedure to be used to collect that sources of revenue. There were no strong reasons Yes/No means there some sources with governing bylaws and other without governing council bylaws. 5 46 October, 2013 A Study on LGAs Own Source Revenue provided by the councils on why they didn’t prepare bylaws for some of the sources than just ignorance. Most of the sources which has principal registration they thought that they can apply the way they are. This was mostly observed from the service levy, business licenses fee and Hotel levy. 4.2 The economic activities and revenue potentials This section provides the economic activities and the analysis that reflect economic potentials of a respective council. Further, it provides the analysis of whether the rates charged by councils from each economic activity reflect economic potentials of the respective activity. • The economic activities Respondents were asked to mention the main economic activities in their areas of jurisdiction as well as whether the rates charged by the council reflect the economic potentials. The mentioned economic activities have been categorized into eleven main groups namely Agriculture, Mining, Business, Fishing, Transport, Tourism, Industry, Hunting, Beekeeping and Livestock. The study revealed that agriculture, Business, mining, transport and livestock are the main economic activities dominating in most councils by 97%,100%,87%, 100% and 96% of the visited councils respectively (Table 10). . The remained economic activities are distributed across zones depending on the geographical nature favoring such kind of economic activities such as bee keeping, hunting, fishing, tourism, etc. The Agriculture activities includes both Food and Cash Crops; the crops grown are Cashew nuts, Maize, Ground nuts, Sunflowers, Cassava, Beans, Fruits, Vegetables, Coffee, Sisal, Cotton, Tobacco, Rice, Coconuts and Tea. Business is another economic activity which comprises Large, Medium and Small enterprises. The Livestock involves 47 October, 2013 A Study on LGAs Own Source Revenue animal husbandry such as cows, goats, pigs and chickens. The industrial sector is categorized into Large, Medium and Small Industries, while the transport activities include both passengers and cargo vessels. The mining activities includes extracting of minerals such as Gold, Diamond, Tanzanite, Copper, Iron and other small minerals in nature like salt, sands, gravel, limestone, marble and stones. Table 10 : The main Economic activities as mentioned by Councils No. 1 2 3 4 5 6 7 8 9 10 11 Economic Potential Agriculture Mining Business Fishing Transport Tourism Industries Bee keeping Livestock Forests harvesting Hunting No. of councils 29 26 30 12 30 8 14 12 29 26 8 % 97 87 100 40 100 25 47 40 96 87 27 Source: Field data • Revenue potentials The 24%of respondents of the visited councils revealed that the rates charged on various economic activities are proportional to the council economic potentials, 43% revealed non proportional and 33% revealed that the rates charged to some of the revenue sources are proportional while are not to some of them Table 11 48 October, 2013 A Study on LGAs Own Source Revenue Table 11: The proportionality between the rates charged against economic potentials. Zone Proportion Not Proportion Proportional/not Lake Zone Southern Zone 0 4 6 0 0 2 Southern Highland Zone 1 0 5 Coast & Central Zone 0 6 0 Northern Zone Total 2 7 1 13 3 10 Percentage 24 43 33 6 Source: Field data The respondents provided factors to why the taxes charged were not proportional to the council economic potentials as follows; some of the by-laws used have not been reviewed for long time. For instance Lindi MC, all by-laws were lastly reviewed in 2007, Monduli DC Tourist bedding fee was reviewed in 1995, Kibaha TC their bylaws reviewed lastly in 2008. The reasons provided for them not reviewing their bylaws was the availability of legal personnel. The Council has only one legal officer who is in long course training since 2011. Other general reasons provided by councils were, the valuations of some properties have not yet being updated and other properties were not valued at all, hence councils use flat rate technique to charge property tax. Other councils such as Korogwe TC does not charge property tax at all; likewise in other councils like Mvomero and Mbinga although they are having minerals such as copper and iron, they are not benefitting from those minerals, Lack of tax registers and poor database hence some councils to lose their revenue. Proportional/not means the rates charged are proportional to some of the revenue sources and are not proportional to others 6 49 October, 2013 4.2.1 A Study on LGAs Own Source Revenue Challenges hindering own sources revenue collection to its potentials As it has been revealed in the above analysis that councils are not collecting their revenue to their full potentials, this section provides detailed analysis of the challenges that councils encounter in the process of revenue collection. • Council by - laws not reviewed on timely basis. Sections 147-154 of the Local Government (District Authorities) Act No.7 of 1982, and sections 80-88 Local Government (Urban Authorities) Act No.8 of 1982 explains legislative power of Local Government Authorities and procedures of making by- laws. To ensure uniformity in making bylaws, the Acts above vested power to the Ministry responsible for Local Government to approve council by-law before coming into operations. Respondents were asked to state the challenges LGAs face in revenue collection. The results indicate that out of 16RS, 13 RSs equivalent to 87% and out of 30LGAs, 21 equivalent to70%, some of their by-laws have not been reviewed at the right time (Table 12). The data collected in the Lake zone show that all visited councils are facing this challenge while in the remaining zones the magnitude differ from one zone to another. The Lindi Regional Secretariat mentioned that some council has not updated their by-laws for 10-15 years. Examples of council with some by-laws not reviewed for more than 10 years include; Lindi MC are still using all by-laws reviewed in 2007 which were made by the then Lindi Town Council, Mtwara Municipal Council all the 25 by-laws have not been reviewed since year 2009 and Tourist bedding fee have not been reviewed since 1995 in Monduli DC. Reasons mentioned for not updating by-laws timely are categorized into three; Councils themselves, tax payers and Ministry; 50 October, 2013 i. A Study on LGAs Own Source Revenue Council themselves; the procedure for reviewing by-laws is too bureaucratic and sometimes is just negligence by the councils; ii. Reluctance of tax payers to accept the proposed changes of rates in the bylaws and sometimes due to political condition; iii. Delay of approval of the by-laws due to long process including comments from the Regional Commissioner, scrutinization by PMO-RALG before the approval by the Minister responsible for LGAs, vetting by the Chief parliamentary draftsman, before publication in the government gazette. Table 12: Council who’s by - laws not updated timely Zone Northern South Higher land Lake South East and Central TOTAL Institution RS 3 1 4 2 3 13 Percentages LGAs 5 3 6 5 3 21 RS 100% 33% 100% 100% 75% 87% LGAs 83% 50% 100% 83% 50% 70% Source: study findings 2013 • Political interference. Respondents mentioned political interference as one of the major factors influencing revenue collection in LGAs. RSs in Lindi, Mtwara, Tanga , Tabora Songea MC, Ruangwa DC and Korogwe TC clarified that some councilors and other political leader are accused of been involved in business issues with council and the result is impairment of their decisions regarding improvement on local revenue collections. Mtwara MC, Lindi MC, Ruangwa DC, Mufindi DC, Magu DC, Bunda DC explained that councilors are not willing to sensitize community in their areas to pay taxes for the fear of losing votes. While Mtwara DC, Bunda DC, Urambo DC, Mtwara MC and Mbeya CC cited lack of political commitment in revenue collection, they argued that some councilors 51 October, 2013 A Study on LGAs Own Source Revenue are unwilling to abide in the councils’ resolutions regarding tax collection enhancement, and Lindi MC, Arusha CC and Iringa MC pointed out that some councilors mobilize community to act against councils’ resolutions. The data above shows that 14 out of 16 RSs equivalent to 88% and 23 out of 30LGAs equivalent to 77% mentioned political interference as one of the factors causing poor revenue collection in LGAs. On the other hand, councilors (33%) out of 45 councilors responded to this question mentioned political interference as a one of the factor interfering the revenue collection or compliance to the by-laws (Table 13). Table 13: How political interference hampers the revenue enhancement by RS and by Councils Zone North Southern Highland Lake South East and Central TOTAL RS 2 3 3 2 4 14 Institution CMT Council 5 1 5 2 5 4 4 1 4 2 23 10 RS 67% 100% 75% 100% 100% 88% Percentages CMT Council 83% 17% 83% 33% 83% 67% 67% 17% 67% 33% 77% 33% Source: Field Data 2013 • Poor Revenue forecast and planning Planning and budgeting process involves councils to estimate own source revenue collection. The best estimate depends on how much information at hand to each respective source hence, requires extensive study by exploring potentials, challenges and trend of the revenue source. During this study respondents were asked if they conduct research before estimating budget figures and the base line information before outsourcing. The results show that 14 out of 16 RSs equivalent to 87% and 13 out of 30 LGAs equivalent to 43% don’t conduct baseline study to some revenue sources before outsourcing (Table 14). For those councils conducting research before outsourcing do not 52 October, 2013 A Study on LGAs Own Source Revenue carry out a comprehensive study enough to produce reliable information for estimating budget figures. The impact of failure to conduct research by council is that, council plan and budget do not reflect the reality of potentials hence, either under charging – underestimating or over estimating. Mufindi DCfurther commended that despite that it is cost to conduct research, its benefits supersedes the costs as it provides information that are helpful in controlling unfaithful revenue collecting agents. Table 14: Councils which do not conduct Research before outsourcing Zone North Southern Highland Lake South East and Central TOTAL Institution RS 3 2 4 1 4 14 LGAs 2 1 1 4 5 13 Percentages RS LGAs 100% 33% 67% 17% 100% 17% 50% 67% 100% 83% 87% 43% Source: study findings 2013 • Contradiction and disparity of laws, regulations and guidelines The decentralization policy of 1998 spells out government’s objective of devolving powers and responsibilities to autonomous local authorities. The policy provides discretionary power to LGAs to levy taxes and pass their own budget based on local priorities but within broad national policies. During the study respondents argued that some existing laws, guideline, regulations, circulars issued by Central Government hinder the LGAs initiatives in revenue enhancement. They further emphasized that Central Government has taken all sources of revenue which are giant and simple to collect and leave to LGAs sources which are marginal and hard to collect (Korogwe TC, Lindi MC, Nachingwea DC, Ruangwa DC, Mtwara MC, Mpwapwa DC, and Kahama DC) 53 October, 2013 A Study on LGAs Own Source Revenue Some councils like Mbinga DC, Mbarali DC, Mufindi DC, Iringa MC, Nachingwea DC, RuangwaDC, Mtwara DC, Newala DC, Mtwara MC further argued that the central government should allow LGAs to access the Telephone towers cess. The respondents also suggested central government to amend the Local government (District Authorities) Act Cap 287 (No.7 of 1982) to give power to the District council to collect property tax since District councils are not ratting authority under the Urban authority (rating) Act Cap 289, but they have modern houses and investments which have the same value like those invested in urban councils, example of those councils are Meru DC, Siha DC, Muheza DC, Magu DC by the way, through documentary review, the team observed that there are 42 rural councils collected property tax in the absence of governing rule in 2011/2012 where by a total of 1.4 billion was collected (Table 15). Table 15: Rural Councils Collected Property tax in 2011/12 SN 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Council Name Tunduru District Council Ukerewe District Council Chunya District Council Siha District Council Iramba District Council Urambo District Council Karatu District Council Ileje District Council Mtwara District Council Moshi District Council Mpwapwa District Council Magu District Council Mbeya District Council Geita District Council Kilolo District Council Kondoa District Council Rombo District Council Bunda District Council Tarime District Council 54 Property taxes 300,000.00 600,000.00 1,500,000.00 2,000,000.00 2,000,000.00 2,500,000.00 3,000,000.00 3,000,000.00 3,000,000.00 4,000,000.00 4,700,000.00 7,100,000.00 7,600,000.00 8,000,000.00 8,300,000.00 8,500,000.00 10,000,000.00 10,000,000.00 10,000,000.00 October, 2013 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 SN A Study on LGAs Own Source Revenue Council Name Mbozi District Council Kibaha District Council Maswa District Council Rorya District Council Kahama District Council Same District Council Njombe District Council Bariadi District Council Makete District Council Ngorongoro District Council Kasulu District Council Mbinga District Council Kyela District Council Korogwe Town Council Meatu District Council Nachingwea District Council Liwale District Council Kishapu District Council Misenyi District Council Nzega District Council Mufindi District Council Rungwe District Council Sikonge District Council TOTAL Property taxes 10,000,000.00 11,400,000.00 12,000,000.00 12,600,000.00 15,100,000.00 18,300,000.00 20,000,000.00 20,500,000.00 21,600,000.00 26,300,000.00 29,700,000.00 30,000,000.00 31,900,000.00 34,000,000.00 35,500,000.00 40,900,000.00 70,000,000.00 84,700,000.00 86,500,000.00 108,500,000.00 131,300,000.00 139,700,000.00 305,000,000.00 1,391,600,000.00 Source: Council Financial reports www.pmoralg.go.tz The Mining Act vested powers to central government to collect taxes from Large, medium and small miners extracting minerals in LGAs, to the respondents’ opinion this Act create imbalance between Central and Local government revenue collection. They further argued that the Act restricts councils to bear directly fruits from the natural resources available in their localities -Mbinga DC, Mbeya RS, Arusha MC, Siha DC, Ruangwa DC, Nachingwea DC, Mtwara DC, and Mtwara MC. They further also questioned why loyalty from large scale mining is not reviewed since 2000 -Lindi MC, Kahama DC while other factors within the economy are changing. There is no solution to this issue other than taking it as a reason LGAs to have low collection from this source of revenue. 55 October, 2013 A Study on LGAs Own Source Revenue Furthermore LGAs complained on the existing practices on Forest cess which are collected at LGAs levels but central government (Ministry of Natural resources) gains 95% of the total collection and leaves only 5% to the respective LGA (Mtwara MC, Mtwara D. Nachingwea) This is a policy issue as it is seen in Land rent which is collected by LGAs but retains only 20 - 30% and the rest 70- 80% goes to Ministry of land. They argued that, it is high time for LGAs through PMO-RALG to demand for the increase of the percentage from 5% to at least 30% The imbalance also was revealed in Land Act which favors Central government where by Some of the councils were complained on the similar practice on land rent where 70% of total land rent collected by LGAs belongs to central government leaving only 30%to the councils which incurs cost in land management i.e. human, financial and time resources. Respondents also pointed out on the Tourism Act that it hampers the council initiatives in improving revenue collection. They insisted that it contradict with Hotel/ guest house levy collected by councils. The local government laws refer to Hotel’s law which was repelled by Tourism Act. The other concern raised by the respondents was the abolishment of the so called nuisance taxes. Councils also said that some of the so called nuisance taxes were potential tax base to many councils like the livestock cess whereby 11 councils equivalent to 37% mentioned that they prefer livestock cess to be among their local revenue cess (Table 16). Table 16: Councils proposed reintroduction of Livestock Cess Zones Northern Southern Highlands Institution RS 0 0 LGAs 1 1 56 Percentages RS LGAs 0 17% 0 17% October, 2013 A Study on LGAs Own Source Revenue Lake Southern East &Central Total Zones 2 0 0 2 5 1 4 12 50% 0 0 13% 83% 17% 67% 40% Source: Study findings, 2013 • Un-willingness to pay The main challenge facing councils in local revenue collection is to encourage taxpayers to pay legal taxes voluntarily. The study observed that for the tax payers who were asked to explain whether they pay tax voluntarily responded as follows, out of the 42 taxpayers who responded this question, 57% responded yes, 25% responded No and 18% they pay voluntary to some of the taxes but not all (Table 17). Table 17: Status of tax payers on paying taxes voluntarily Name of Zone Central zone Lake zone Northern Zone Sothern Zone Southern Highlands Zone Total Percentage (%) Yes 1 6 6 2 8 23 58 No 4 0 1 2 3 10 25 Yes/No 1 1 0 1 4 7 18 Source: Study findings, 2013 For those who answered “NO” were asked to explain the reasons to why they are not paying voluntarily and responses were as follows, Lack of education on taxpayers, the estimates are not realistic in such a way that sometimes it becomes a burden to tax payers, sometimes they feel that they are double taxed by LGAs and Central Government (TRA, OSHA, NEMC, SERVICE LEVY, TFDA, FIRE BRIGADE) and in most cases they are not satisfied with the services provided to them, like the local roads, cleanliness in areas such as the market places. They have to pay to access some services provided at the Village and Ward offices such as approving documents for them to access other services like banking, registering mobile lines etc but in those ward/Village 57 October, 2013 A Study on LGAs Own Source Revenue offices are either required to pay cash or to buy stationeries like the papers to access those services. They also offered some ways to improve the situation whereby the focus was on education to taxpayers, regular and strategic meetings between council and taxpayers introducing taxpayer’s data base that will enable all council tax payers to be registered. • Weakness in contract management Contract management is the management of contracts made with customers, vendors, partners, or employees for revenue collection with the council. Contract management includes negotiating the terms and conditions in contracts and ensuring compliance with the terms and conditions, as well as documenting and agreeing on any changes or amendments that may arise during its implementation or execution. During the research it has been revealed that most Councils and agents do not abide to what have been agreed on the collection procedures of the respective source that they have been signed for implementation. The main problem was the compliance on remittance procedures of the revenues, other agents do not remit as agreed as a result lead to defaults. It was found that in the northern zone that 33% of the RS raised it as an issue that need to be handled with care and 33% of LGAs respectively. The southern highlands raised the problem in all the three RS and in 83% of LGAs nothing has been observed in the northern zone (Table 18). Table 18: Weakness in contract management Zones Northern Southern Highlands Lake Southern East &Central Total For Zones Institution RS LGAs 1 2 3 5 0 0 1 0 0 6 5 13 Source: Study findings, 2013 58 RS 33% 100% 0 50% 0 31% Percentages LGAs 33% 83% 0 0 100% 43% October, 2013 • A Study on LGAs Own Source Revenue Climate change Climate patterns play a fundamental role in shaping natural ecosystems, and the human economies and cultures and conservation of environment attracts more rainfall that accelerates production of both cash and food crops. The study points out that all RS making 100% in the northern zone their council’s revenue have been affected by the climate change which has affected the availability and production of both cash and food crops. 50% of the LGAs mentioned that the climate change affected their agricultural production hence affected their collection from produces cess. In the southern highlands 50% of the LGAs had the similar problem and in the Lake zone, 83%and in the Southern zone all LGAs suffered from the problem (table 19). The negative climate change has also contributed by Livestock in the lake zone than any other parts of the country. Table 19: RS and LGAs Mentioned Climate change as the problem to Revenue enhancement. Zones Northern Southern Highlands Lake Southern East &Central Total For Zones Source: Study findings, 2013 • RS 3 0 1 1 0 5 Institution LGAs 3 3 5 6 0 17 RS 100% 0 25% 50% 0 31% Percentages LGAs 50% 50% 83% 100% 0 57% Cooperation with various stakeholders to enhance revenue collection in LGAs In order to enhance local revenue collection, the councils need support from other government and non-government institutions to improve estimates, to enforce compliance to the by-laws etc, examples of the Institutions include, the TRA, TCRA, TCCIA, Police and Judiciary. The study revealed that 17% of LGAs in the Northern zone, 50% in the Southern zone, 67% in the Lake zone 50% and 83% in the Southern and East and Central zones respectively had experienced the challenge of getting net turnovers from TRA (Table 20). 59 October, 2013 A Study on LGAs Own Source Revenue Table 20: LGAs facing challenges in getting net turnover from TRA Zones Northern Southern i hl d Lake Southern East &Central Total For Zones Institution RS 0 0 0 1 1 2 Percentages RS 0% 0% 0% 50% 25% 13% LGAs 1 3 4 3 5 16 LGAs 17% 50% 67% 50% 83% 53% Source Study findings, 2013 The major challenge facing almost all councils with exceptional of Mbeya CC with respect to property tax is the issue of valuation of properties and the main reason mentioned was that conducting the exercise is too expensive for councils to afford. 4.3 New sources of Revenue on available Districts Economic potentials The local government sector had become increasingly concerned regarding its financial challenges. Local governments’ roles and responsibilities had broadened over time and the sector perceived that other spheres of government were ‘cost-shifting’ onto local government (Comrie, 2013). Looking on the current revenue performances of the LGAs whereby 93% of the Local government finances depend on subventions and grants from the central government (PMO-RALG, 2008) it is imperative also to look at new sources of revenue that might exist on the current growing country’s economy see economic performance indicators. This study reveals some new sources of revenue that are not charged under Local Finances Act CAP 290 and other related Acts. This is due to change in economic situation, that is, by then the economic condition were not in favor of 60 October, 2013 A Study on LGAs Own Source Revenue those new sources revealed by this study. Further, other new sources revealed were supposed to be charged under the Act but were repelled by other related Acts and others were seen to be nuisance by then by the Central Government. In all areas that the study was conducted, respondents were asked to propose new sources of revenue that currently are not charged in their localities. They proposed many sources, but many of them were provided under the current Acts (Local Government Finance Act CAP 290 and other related Acts which allow/show chargeable sources), but due to various circumstances they are not charged. One of the reasons for not charging includes unavailability of by-laws to support the charging procedures and the detailed reasons for this challenge are discussed in the sub section of challenges facing revenue collection in LGAs. Below is the analysis of the new sources proposed in various country zones visited. 61 October, 2013 • A Study on LGAs Own Source Revenue Lake Zone Table 21: New revenue sources as suggested by RSs and LGAs in Lake Zone LGAs 4 URAMBO DC Property Tax District Councils Telecommunication Towers Fees TABORA MC 3 MAGU DC SHINYANGA DC Mining Cess KAHAMA DC 2 √ BUNDA DC Hotel Levy (Guest House Levy) TABORA 1 SHINYANGA New sources MWANZA N a MARA RSs √ √ √ √ √ √ √ √ √ √ √ √ √ √ Source: Study Finding, 2013 Basing on the above tables, in the lake zone, the study revealed four new sources of revenue which were proposed to be introduced/re-introduced, namely, Hotel (Guest House) Levy, Mining Cess, Property taxes for District Councils and Telecommunication Towers fees. Hotel levy and Telecommunication towers were proposed by 5 LGAs and 1 RS out of 6 LGAs and 4 RS respectively. However, loyalty from Mining activities is collected by Kahama District Council; it that royalty to be considered as a new source because it has no legal backing to collect it, it has been collected using circular provided by Government in the year 2000; whereas 200,000 US Dollar is provided each year since then. Property tax was also proposed by Regional Secretariat in Tabora due to increase in number of houses in the District Councils that can be ratable. • Southern Zone Study revealed three proposed new revenue sources; namely Levy on Fuel Stations, Gas Cess and Telecommunication Towers as shown in the table 22. 62 October, 2013 A Study on LGAs Own Source Revenue Table 22: New revenue sources as suggested by RSs and LGAs in Southern Zone 1 Levy on Fuel Stations √ 2 Gas Cess √ 3 Telecommunication Towers Fees √ √ NEWALA DC NACHINGWEA DC MTWARA MC RUANGWA DC LINDI MC MTWARA LINDI No. New sources MTWARA DC LGAs RSs √ √ √ √ Source: study findings, 2013 It should be noted that gas was the main issue that raised more attention in southern region especially in Regional and Council levels. The availability of gas and possibility of oil in the region became the main potential source of revenue in the region. This source is unique from other Regions that the study was conducted. Telecommunication towers were proposed by both RS in the zone and 3 LGAs out of 6, while Levy on Fuel Stations was proposed by Mtwara Regional Secretariat only. • Southern Highlands Zone This zone suggested telecommunication Towers and property tax to District Councils as their new revenue sources. RSs and LGAs that proposed these sources are shown in the table 23 63 October, 2013 A Study on LGAs Own Source Revenue Table 23: New revenue sources as suggested by RSs and LGAs in Southern Highland Zone 1 Livestock Cess 2 Mining Cess 3 Property Tax in District Councils 4 Telecommunication Towers Fees SONGEA MC MUFINDI DC MBINGA DC MBARALI DC IRINGA MC RUVUMA MBEYA New sources IRINGA Na MBEYA CC LGAs RSs √ √ √ √ √ √ √ √ √ √ Source: study findings, 2013 During the study, respondents at Mbarali District Council strongly proposed property tax to be levied to district councils. The Urban Authorities (Rating) Act of 1983, empower only Urban Authorities to charge/collect property tax, excluding the district authorities save for township authorities, hence the need for the urban authorities rating Act to be amended to make the District Authorities become the rating Authorities. Mining Cess was proposed by Ruvuma RS, Mbinga DC and Songea MC due to availability of minerals and many mineral dealers’ offices at Ruvuma and despite having different minerals like Uranium and Charcoal, respective LGAs do not benefit from those minerals. Telecommunication towers were suggested by all RS in the zone and two LGAs out of six, while Livestock cess and Property tax to District Council were proposed by Mbarali District Council only due large number of livestock and houses developments in the District. • Coast and Central Zone Apart from new revenue sources proposed by other zones, this zone proposed new sources that were charged/ levied before, but were repelled. These proposed sources include Hotel (guest House) levy, livestock fees, Livestock 64 October, 2013 A Study on LGAs Own Source Revenue movement permit fees and Motorcycle (Bodaboda) Registration fees. Below is a table 24 showing new sources proposed in this zone. Table 24: New revenue sources as suggested by RSs and LGAs in Coast and Central Zone MVOMERO DC MOROGORO MC MPWAPWA DC KIBAHA TC ILALA MC BAGAMOYO DC PWANI LGAs MOROGORO New sources DAR ES SALAAM N a DODOMA RSs √ 1 Levy on Fuel Stations 2 Hotel Levy (Guest House Levy) 3 Livestock Cess √ √ √ √ 4 Livestock Movement Permit Fee Motorcycle (Boda boda registration fees √ √ √ √ 5 6 √ √ √ √ ) 7 Mineral Cess Property Tax charged to Rural LGAs 8 Telecommunication Towers Fees √ √ √ √ √ √ √ √ √ √ Source: Study Finding, 2013 Ilala MC, Morogoro MC, Mpwapwa and Mvomero DCs proposed both Livestock cess and Livestock movement permits due to availability of livestock business as well as nature of economic activities. In Mpwapwa and Mvomero District councils, livestock keeping is one of their main economic activities. By re-introducing livestock cess and livestock movement permit to councils, not only will create more income but also will contribute to environmental protection. Ilala also proposed the revenue from Pugu livestock auction market to be taken by Ilala and not Ministry of Livestock as it is the one which provides different services to Pugu auction market. Levy on Fuel stations and 65 October, 2013 A Study on LGAs Own Source Revenue Motorcycle registration fee were proposed only by Ilala and Morogoro Municipal Councils respectively. Mineral cess was suggested by LGAs and RS that have minerals in their areas, while 3 RS out of 4 and 2 LGAs out of 6 proposed also Telecommunication tower fees. • Northern Zone The study revealed new sources which were also proposed in other zones where the study was conducted Table 25. The reasons provided were the same as other zone which proposed these new sources. Table 25: New revenue sources as suggested by RSs and LGAs in Northern Zone Property Tax charged to Rural 5 LGAs Telecommunication and Towers 6 Fees MOSHI MC MONDULI DC KOROGWE TC ARUSHA CC SIHA DC Livestock Cess MUHEZA DC 4 LGAs TANGA New sources KILIMANJARO Na ARUSHA RSs √ √ √ √ √ Source: Field Data, 2013 From the five zones above visited by the study teams, the following are the new recommended sources of revenue from the proposed sources: i. Levy on Fuel Stations: This proposed source is not a new source; there are other revenue that is related to this source, namely fuel levy, property tax and service levy. Fuel Stations consist of buildings which are charged property taxes under Urban Authorities (Rating) Act of 1983. Looking at the fuels that are sold at those stations are subjected to 66 October, 2013 A Study on LGAs Own Source Revenue fuel levy under Road and Fuel Tolls Act, CAP 220 which is collected by Central Government and remitted to LGA as Road toll funds. Further, these stations are also subject to Service Levy under Local Government Finance Act, Cap 290 RE 2002. Therefore, this source is not suitable to be considered as a new source. ii. Gas Cess: This source was proposed in the southern zone in Mtwara Region, mainly because gas discovery in the area and the LGAs in the area look it as their main potential of revenue. Currently there are no available laws that govern the revenue from this source in Tanzania. This could be a good contributing source of revenue for the LGAs especially those located in areas where the gas is found. iii. Hotel (Guest House) Levy: Local Government Finance Act, Cap 290 RE 2002 allows this source to be levied under section 6 (1) (q) which says “all moneys payable under the Hotels Act, by the proprietor of guest houses within the boundaries of the urban area”. But after enactment of Tourism Act of 2008, the powers to collect hotel levy under the hotel act were therefore removed. This was one of the main source of revenue of urban authorities, for instance Morogoro Municipal has 672 Guest Houses which could have contributed to more revenue to the council. There is a need to review the section of Local Government Finance Act and create a new section which will allow the LGAs to collect dues/levy from guest houses which do not fall under the Tourist Act. iv. Livestock Cess: This source was proposed by councils and regions that have large numbers of Livestock. This source was abolished in 2003 7 after the system of local taxation in Tanzania was significantly reformed by proclamation of the Minister of Finance during the Budget. 7 Local Government Finances Act (Schedule), as adopted in 2003. 67 October, 2013 A Study on LGAs Own Source Revenue This source used to generate more revenue to the councils. If it will be introduced, it will not only increase council’s revenue but also will provide good mechanism of environmental protection. v. Livestock Movement Permit: This source was also abolished under nuisance revenue sources in LGA, but it is currently collected by Central Government under ministry of Livestock Development. The councils that proposed this source, proposed for the same reasons as Livestock cess. vi. Mineral Cess: This source was suggested in the areas that have minerals and the Councils in those areas do not benefit from mineral extracted from their areas. This study found out that there is no legal backing for LGA to collect tax from companies that extract minerals or conduct related business in their areas. Taxes that come from Mining companies or related businesses are collected by the Central Government and they are legally bonded by Mining Act of 2010. The study team understands that, there are some council (examples are Kahama and Geita) receive royalty from mining companies through government circular; the use of government circular limit the LGAs to collect more revenue as this does not legally bind hence, payment of taxes is more discretional rather than mandatory. Property tax on Rural District LGAs: Property tax is charged in Urban LGAs under Urban Authorities (Rating) Act of 1983, the act does not permit property tax to be charged in District LGAs. The reason for this source to be proposed was due to existence and establishment of many modern buildings in rural areas. The good examples of rural areas 68 October, 2013 A Study on LGAs Own Source Revenue having these kinds of buildings are Meru DC, Mvomero DC and Arusha DC. vii. Motorcycles (Bodaboda) Registration Fee: This was proposed so as to regulate the business of running motorcycles carrying passengers in LGAs. This source, apart from increasing revenue to LGAs will also be used as crime control mechanism. viii. Telecommunication Towers Fee/Tax: This source was proposed in all areas where the study was conducted. This was proposed due to increase in number of Telecommunication Towers for transmitting network of large Telecommunication companies in Tanzania while nothing is remitted to respective LGA; these companies include Vodacom, Airtel, Zantel, Tigo and TTCL. The laws that govern the operation of LGAs are silent on this source. Telecommunication towers, due to their nature they could be charged as service levy or as property tax. But the definitions of rate able property do not favor them to be treated as rate able properties. According to Urban Authorities (Rating) Act of 1983 "rate able property" means all houses within the jurisdiction of an authority which are in actual occupation and all improvements on, in or under any such houses. Again, when looking at Service Levy, no clear guideline / systematic way of receiving revenue from Telecommunication companies although they are operating in LGAs. 4.4 Recommended methods to improve the revenue collection There are several recommendations which were suggested by respondents during the study. The following are the analysis of those recommendations. • Education/Training/Sensitization 69 October, 2013 A Study on LGAs Own Source Revenue All councils visited have significantly stipulated the need of education, training and sensitization in variety manners: Political leaders need be educated on their related responsibilities to assist the council in terms of revenue collection; Council revenue officials need training on the following grounds: Capacity building on revenue matters to be able to provide education to taxpayers; Capacity building for the sake of sensitization of taxpayers on their importance of paying taxes; Training on different revenue databases systems; Taxpayer themselves need awareness on their significance importance to pay tax for the benefits of their well being but the council should also demonstrate how people benefits from these taxes. The findings revealed that Education/Training/Sensitization is one of the respondent key important aspect to be successful in own source revenue collection as shown by the table below Table 26: the Education, training and sensitization requirements per zone Zones RSs LGAs Councilors Taxpayers Per cent Central 25% 100% 33% 83% Lake 100% 100% 100% 100% Northern 67% 83% 83% 83% Southern Highland 33% 100% 83% 100% Southern 0% 67% 83% 100% Source: Study findings 2013 70 October, 2013 A Study on LGAs Own Source Revenue Figure 6 : The Education, training and sensitization need as demonstrated by Histogram Based on the above finding, there is great demand of education, training and sensitization at LGAs as well as Councilors and taxpayers levels and slight demand of it at RS level. • The Need of Improve Social Services It is argued, individuals are likely to be willing to pay local taxes where the amounts they contribute can be related more directly to services received (Livingstone and Charlton, 1998; Westergaard and Alam, 1995). The improvement of social services is one of the important factor considered to accelerate the growth of own source revenue in our Local Authorities. See table below Table 27: Taxpayers who are eager to see improved social services Zones Taxpayers Percentage 67% 100% 67% 67% 50% Central Lake Northern Southern Highland Southern 71 October, 2013 A Study on LGAs Own Source Revenue Source: Study findings 2013 The analysis reveals that, beneficiaries (taxpayers) are highly uncomfortable with the services provided by the Councils. The priority of the revenue collected should be converted to what is visible by the societies who are paying the taxes. • Establishment of taxpayer’s own source revenue database Taxpayer database is one of the important tools for Council to establish a base for planning and budgeting. Most of the Councils visited do not maintain the taxpayer register/database which could help them to have clear defined goals prior to planning and budget. The study revealed that; the average of 50% of all LGAs visited recommend the need of establishment of clear revenue database followed by RS with an average of 27% and lastly, LGAs Councilors‘ with an average of 13% of all interviewed shows the need of establishment of own source revenue database since the database do not exist at all. See table 28 below. Table 28: Recommendation of establishment of taxpayer’s own source revenue database Zones Central Lake Northern Southern Highland Southern Average RSs Percentage 75% 25% 67% 75% 50% 27% LGAs Councilors 100% 83% 67% 33% 67% 50% 17% 0 33% 0 17% 13% Source: Study findings 2013 There is a system in place known as Local Government Management Database (LGMD). During field data collection process, it have been observed that, the system is underutilized of which it can be modified to accommodate revenue data as well as other information as may be required. 72 October, 2013 • A Study on LGAs Own Source Revenue Revision of Council’s bylaws on Time It have been observed during study that, most of the Councils bylaws for some of the LGAs own source revenue have not been reviewed for more than a decade and the process of its revision is too long and bureaucratic in nature which entails that, the councils does not exhausts their potentials efficiently and effective. See table 29 below Table 29: Recommendation of to review bylaws on time Zones Central Lake Northern Southern Highland Southern Average RSs Percentage 25% 100% 67% 33% 50% 55% LGAs 67% 100% 83% 83% 83% 83.2% Councilors 67% 100% 50% 67% 83% 73.4% Source: Study findings 2013 Recommendations arises based on revision of bylaws from all five zones visited shows an average of 55%, 83.2% and 73.4% of respondents from RSs, LGAs and Councilors indicates the great need for bylaws to be reviewed on time and the procedures involved in the revision process to be shorten in order to allow the use of them on time and more effectively. • Property Tax to be charged at each LGA’s Local Governments, by contrast, require relatively stable sources of revenue. Thus, lower-level Governments should tax revenue bases with low mobility between jurisdictions. Property tax is therefore often labeled as the ‘ideal’ local tax. The study reveals that, there is a need to every LGA to be granted a mandated to charge property tax. 73 October, 2013 A Study on LGAs Own Source Revenue Table 30: Recommendation of property tax to be charged at each LGA’s Zones RSs Central Lake Northern Southern Highland Southern Average 75% 75% 33% 67% 50% 60% LGAs Percentage 83% 67% 100% 50% 67% 73.4% Councilors 83% 50% 50% 17% 0 40% Source: Study findings 2013 The analysis above is the clear evidence indicating an average of 60%, 73.4% and 40% of RSs, LGAs and Councilors recommended property tax to be charged at each LGA rather than currently charged by only Urban Councils. • Harmonization of Local Taxes There was some recommendation to harmonize some of the local taxes to reduce its multiplicity as well as administration costs. The table below shows the analysis of the recommendation offered by RSs officials, LGAs officials and Councilors with LGAs much emphasize on the need to harmonize some of the council’s taxes. See table 31 below. Table 31: Recommendation to harmonize local taxes Zones Central Lake Northern Southern Highland Southern RSs LGAs Percentage 67% 50% 33% 83% 33% 75% 75% 67% 33% 50% Source: Study findings 2013 74 Councilors 0 0 33% 17% 0 October, 2013 • A Study on LGAs Own Source Revenue Administration and follow up Strict administration and follow up of own source revenue collection is the key indicator for good performance of the LGAs in revenue collection. The analysis below shows the recommendations from various RSs, LGAs, Councilors and Taxpayer levels recommending the need of improving the administration and follow up system at LGAs in order to improve own source revenue collection. See table 32 below. Table 32: The stakeholders recommending the need of improving the M&E to own source revenue collection Zones Central Northern Southern Highland Average Source: Study findings 2013 RSs LGAs Councilors Percentage 50% 0 50% 33% 17% 17% 39% 17% 0 33% 67% 33% Taxpayers 0 33% 0 11% The study data above shows that, an average of 33% of the RS, 39% of the LGAs, 17% of the Councilors and 11% of the Taxpayers from the three zones recommended to have an established administration and follow up measures which are strict to enhance maximum revenue collections. • Studies It was strongly recommended to have a relevant and reliable source of information before planning and budgeting for every organization that will help them to have a clear defined objective. The study found that, most of the visited LGAs have never conducted any study of its own source revenue that will help them to make the right decisions especially in deciding how much an agent 75 October, 2013 A Study on LGAs Own Source Revenue should remit if the Council decides to outsource the collector. The table 33 below summarizes the study data. Table 33: The need to have studies of potential for each own source Zones Central & Coast Lake Northern Southern Highland Southern Average Source: Study findings 2013 • RSs 75% 50% 67% 83% 50 65% LGAs Percentage 100% 67% 83% 33% 67% 70% Councilors 50% 33% 33% 17% 33% 33% Establishments of Task forces There was recommendations to establish councils own source revenue task force that will be formed by councils officials in collaboration with some finance committee councilors to regularly monitor the collection of own source revenue. This idea has been practiced in Eastern and Central zone and the Southern highlands by 50% and 17% of Councils visited respectively. • Establishment of Investment/business centre’s The study reveals that, some Council recommends having an identified investment centers likes that of Machinga Complexes in order to easy tax collections as well as keep the environment clean. Others were advised the councils to prepare a conducive places/center/market with facilities for specific products like timber and produce. This was raised from Mufindi and Mbinga so as to ease tax collection. • Payment centers One of the important aspects in revenue enhancement phenomena is the simplification of tax payment system to be a user friend system. Some of the 76 October, 2013 A Study on LGAs Own Source Revenue taxpayers are discouraged with the payment methods hence avoid paying taxes. It was revealed that 17% of the tax payers form East and Central and Northern zones recommended to have payment centers close to tax payers to make the whole exercise of tax payment more efficient 77 October, 2013 A Study on LGAs Own Source Revenue CHAPTER FIVE 5.0 Conclusion and Recommendations 5.1 Conclusion The study indicates that the current Local Government structure in Tanzania provides an adequate basis for moving forward, as District and Urban Councils are generally of an adequate size and have sufficient administrative capacity to operate as Local Government jurisdictions and are generally able to assure the delivery of the range of public services assigned to them. The facilitative role of the Regional Administrative Secretaries (as opposed to their previous more hierarchical role) is appropriate and is seemingly allowing local authorities greater control over their own affairs, while still maintaining their oversight and supervisory responsibilities. The study sought to evaluate LGAs own sources revenue collection. In the findings and analysis, seven research questions were investigated. These were on the major existing own source revenue in LGAs, the collection procedures, rules and regulations governing revenue collection, the potentials of each selected source (i.e. to establish statistics for revenue data collection), factors that hinder LGAs from collecting taxes and levies from the said sources, the new sources of revenue on available Council economic potentials and recommended methods to improve the revenue collection system in LGAs. The study further concludes that the overall policy direction of the Government on local government finance has been prudent and is consistent with overall sound principles for decentralization reforms. In general, the legislative framework provides appropriate guidance, although the relevant laws should be revised to eliminate outdated, duplicative or contradictory clauses. 78 October, 2013 A Study on LGAs Own Source Revenue Substantial progress has been made in recent years on transforming the previously highly discretionary transfer system into a more objective, transparent, stable and pro-poor funding mechanism for local governments. In contrast, the strengthening of the local government revenue system and the local borrowing framework are expected to take place in coming years. 5.2 Recommendations The discussions and analysis clearly reflects that the data and information for indepth analysis of own source revenue of the LGAs is not only inadequate but also highly erratic for in depth recommendations to enhance revenues. Hence, a detailed study is required for in- depth analysis of specific Council. Basing on the result of this study, the study team wishes to recommend the following, which, if well implemented, will improve and enhance LGAs own sources revenue collection. The given recommendations may probably be of importance to similar LGAs in Tanzania. • Establishment of Taxpayer database In order to enhance efficiency and minimize human error and corruption opportunities, a simple computerized revenue management system would be feasible. There is a need of establishment of revenue database to assist Councils to be more precisely in revenue budget estimate, collection and spending. LGMD database can be retransformed to incorporate the revenue issues since the system is currently seems as underutilized. However, LGAs are argued to have a special dialog with Tanzania Revenue Authority (TRA) to discuss on proper ways they can use the existing taxpayer systems such as Taxpayer Identification Number (TIN) as the primary base in the process of establishment of the their own taxpayer database. 79 October, 2013 • A Study on LGAs Own Source Revenue Timely revision of By-laws As discussed in chapter four above that the by-laws are not reviewed on time. The study recommends the Government should provide guideline that will guide LGAs in the process of reviewing their by-laws. The guide line should provide the time frame for the process of review. This will not only allow the bylaws to be reviewed, but will also show the areas, institutions as well as personnel delaying the process. • Compliance promotion strategy through awareness raising Tax compliance promotion strategy refers to activities designed to encourage voluntary compliance with the requirements of revenue laws and by-laws. Such a strategy forms an integral part of any effective compliance strategy, the other component being an enforcement strategy. LGAs will have to determine the most effective mix of compliance promotion and enforcement response. Enforcement is important to create a climate in which taxpayers will have clear incentives to make use of the opportunities and resources provided by promotion. . The enforcement strategy would come as a result of streamlining revenue administration. The key elements of an effective tax compliance promotion strategy include: i. Providing education and technical assistance to taxpayers ii. Building public support iii. Publicizing success stories • Legal and Disciplinary Actions In some areas where council’s revenue officials being accused of improper misconduct by being involved in corruption and other illegal practice which in 80 October, 2013 A Study on LGAs Own Source Revenue turns create a big loss of revenue, proper disciplinary and legal actions should be taken to mitigate the problem. The same has to be applied to tax payers/revenue collectors/agents not complying with the agreed terms mode of payments. It was also strongly argued for higher authorities to take corrective measures to reprimand Councils Director should be established their weakness in deliverance especially on supervision and collection of own source revenue. • Reintroduction of abolished and Introduction of new sources In the year 2003, the Government abolished some of the Local revenue sources. By then these abolished sources appeared to be nuisance taxes. Following this study, it is recommended some those abolished sources be reintroduces as well as introduction of new other sources. These proposed sources are as follows: i. Gas cess: This is the potential source of revenue for LGAs that are located in areas where natural gas is found. The team which conducted this study is aware that the Government of Tanzania is in the process of preparing “Oil and Gas Policy”. Therefore the study recommends Oil and Gas Policy to consider revenue for respective LGAs. This will facilitate enactment of laws that will allow LGAs to benefit from oil and gas available in their areas. This will also remove complaints coming for citizens of those LGA as they will be benefited from oil and gas extracted from their areas. ii. Hotel (Guest House) Levy: The study recommends the Local Government Finance Act to be revised to accommodate this source. On this, it is recommended that the rate should considerate to hotel owners; there should be mutual agreement between hotel owners and LGAs on rates that should be charged, this will not only reduce burden to hotel owners but also will facilitate voluntary payment of taxes. 81 October, 2013 iii. A Study on LGAs Own Source Revenue Livestock Cess: The study recommends this study to be re-introduced back to LGA. The amount that should be charged should not undermine/damage livestock keepers. Also, the study recommends 50% of revenue from this source should be used by Department of Agriculture and Livestock to finance operations of this department. Recommendation of this is also supported by Fjeldstad and Semboja, 2000, that before abolishment of this source, it was contributing 22% of own sources revenue together with crop cess. iv. Livestock Movement Permit: It is recommend that this source be reintroduced back to LGA level. v. Mineral Cess: The study recommends enactment of new law that will empower LGAs to collect revenue from minerals extracted from their areas or related business conducted in those areas. vi. Property tax on Rural LGAs: Property tax is one of the sources that provide high revenue for Urban LGAs. The study recommends this source to be introduced to rural LGAs basing on the performance it has made in urban LGAs. Apart from recommending the introduction of this source, differences between urban and rural LGAs should also be considered in terms of property ratings and factors that could be of importance. vii. Motorcycles (Bodaboda/Bajaj) Registration Fee: For control and regulation purpose, it is recommended the Government to put in place law that will enable LGA to collect revenue from this source specifically from the owners of motorcycles. The team which conducted this study is aware of abolishment of motorcycles registration fee from the central government. viii. Telecommunication Towers Fee/Tax: The study recommends this as new source of revenue for LGA. The laws that govern the operation of LGAs are 82 October, 2013 A Study on LGAs Own Source Revenue silent on this source. This could be charged as property tax, but the definition of rate able property does not favor it to be treated as rate able property. According to Urban Authorities (Rating) Act of 1983 "rate able property" means all houses within the jurisdiction of an authority which are in actual occupation and all improvements on, in or under any such houses. Again, when looking at Service Levy, no clear formula/ systematic way of receiving revenue from this source from Telecommunication companies although they are operating in LGAs. Therefore, it is recommended that laws that govern property taxes be revised or enactment of a new law that will enable LGAs to collect revenue from Telecommunication Towers. • Strengthen Contract Management It is recommended that PMO- RALG in collaboration with PPRA to issue a guideline to strengthen and ensure a good and proper guidance for outsourcing revenue collection. This will minimize potential loss of revenue that could occur due to improper contract management as well as losses due LGAs’ failure to honor their contracts. • Cooperation among revenue institutions The cooperation among various stakeholders is an important element in enhancing own source revenue collection in LGAs. In order to enhance local revenue collection, the councils needs support from other government institutions to improve estimates, to enforce compliance to the by-laws etc for example, TRA, TCRA, TCCIA, Police and Judiciary. The study therefore recommends the Government to enact law that will enable LGAs to have information from other instructions so as facilitate them to perform their functions 83 October, 2013 • A Study on LGAs Own Source Revenue Payment Methods In order to reduce corruption and other illegal practices that can be committed by LGAs revenue collectors, it is recommended payment of taxes and levies to be done through banks, and other non- cash methods like M-pesa, Tigo pesa, Airtel money and the like. This will not only reduce corruption but also will eases revenue collection for LGAs as well as taxes and levies remittance for the payers and harassments from tax collectors. This was also strongly suggested by one of the tax payers in Mbeya City Council. • Partnership and Collaboration Every LGA has potential to raise revenue from some of the sources available in the district. But the cost of administering them might be high compared to their yield. In such a situation outsourcing to an individual or contractor on benefit sharing basis may generate some income. • Revise tax rates The existing tax rate does not reflect the real potentials of the visited Councils and in turn, the collection ending facilitate the recurrent expenditure only. LGAs need to revise the rates of tax, fee and charges in a regular interval considering inflation rate and market prices which is an indicator that easily portrait the current economic potential of that particular area. • Inter-ministerial Coordination There are number of problems associated with weak coordination among ministries concerned with revenue sharing. Unfair revenue sharing (revenue from forest cess, royalty of USD 200,000 from mining areas since year 2000, livestock auction fee charged by Ministry of Livestock while provision of service is done by Ilala MC) are some of the unresolved issues need to be addressed to 84 October, 2013 increase A Study on LGAs Own Source Revenue LGAs revenue. Hence a strong coordination among ministries/departments with LGAs is essential. • Political Support People with considerable property wealth usually have considerable political power and use that power to thwart taxes that aim directly at their holdings. The team suggest to involve political leaders in revenue collection and a mechanism of holding them responsible for any failure in own source revenue collection at their area of jurisdiction to be made. • Tax expenditures Identifying, quantifying and publicising tax expenditures— the revenue cost of preferential tax treatments — is widely recognised as a key element of fiscal transparency and, as such, a potentially powerful tool in enhancing tax compliance. • Establishment of commercial courts Commercial courts are the courts responsible for business cases. Experience shows that, there is a great delay of business cases in normal courts at LGAs level and in turn hinder the collection of revenue from own source and sometimes create a big loss to the councils when ending up in paying compensation if the court rule the case in favor of the other part. The suggestion was provided by Morogoro MC Councilors who experienced some business cases against their Municipal which takes much time to be decided and end up paying much compensation when ruling goes against them. • Land Survey and Mass Valuation strategy LGAs has to conduct mass valuation, speed-up land surveys, and register surveyed plots as proposed by Big Result now in order to enhance more own 85 October, 2013 A Study on LGAs Own Source Revenue source revenue administration by maintaining useful revenue databases and save relative expensive property valuation costs . 5.3 Conclusion A large dependence on financial transfers from the Central level by our LGA distorts the major aim of establishing them as well as undermines their fiscal autonomy and the Government Constitution used to establish them. It is the high time for Government to establish a clear mechanism to let the Local Authorities to have a full autonomy. Relevant to the above discussion, it is argued that, PMO-RALG should undertake a comprehensive review of the existing local revenue system to ensure that it assists the respective LGAs to raise sufficient local revenues. LGAs should enact bylaws for all sources of own source revenue; this will ensure that there is legal backing for collection and follow up on compliance and defaulters. Councils must monitor compliance with the contracts entered with outsourced revenue collection agents. Political leaders must be educated and frequently reminded of their supportive role in local revenue collection. 5.4 Issues for further research Based on the knowledge gaps identified in this study, we suggest areas for further research on Local Government Taxation. Research on the technical administrative framework for local taxation has the potential to identify constraints and practices that can guide policy work and be used as benchmarks to assess actual policy implementation. Financial transfers from the central level are typically important components of Local Government revenues. How does this impact on local government fiscal autonomy, which typically is formulated as a key objective of local tax reforms? It was believed that through outsourcing revenue collection would increase efficiency in revenue collections in the sense 86 October, 2013 A Study on LGAs Own Source Revenue that, an independent person/agent will involve and invest in revenue collection so as to exceed the targets and make profit while the Councils will remain with the task of setting the targets, monitoring and supervising the collection procedures. From this study it was revealed that instead of outsourcing, the councils is now going back for the councils themselves to involve in tax collection, administration and spending. Hence there is a need to conduct a comprehensive study to identify the efficiency of outsourcing revenue collection or being collected by council themselves. A series of research questions related to reform is therefore suggested for further research: • How potential of each source proposed impact the real economy of the LGAs? • How should effective revenue raising systems for LGAs be designed and implemented? • Is there a connection between local tax payment and service delivery? • Are there good practices from private tax collection (outsourcing) concerning taxpayer education, accountability and revenue rising? • Which revenue bases are outsourced and why these? • What are the efficiencies for outsourcing revenue collections or being collected by councils themselves? • Which allowances and incentive systems exist for private collectors? • What are the revenue trends from different sources after outsourcing compared to the preoutsourcing period? 87 October, 2013 A Study on LGAs Own Source Revenue REFERENCES Comrie, J (2013): IN OUR HANDS, Strengthening Local Government Revenue for 21st Century, Australian Centre for Excellence of Local Government, University of Technology, Sidney. Controller and Auditor General (CAG) (2012): Management of Outsourced Revenue Collection Function by Local Governments, A Report of The Controller and Auditor General of The United Republic Of Tanzania, Dar es salaam. Fjeldstad, O and Semboja, J (2000): Dilemma of Fiscal Decentralization: A study of Local Government Taxation in Tanzania’, CMI report 1:2000, Bergen: Chr. Michelsen Institute. Fjeldstad O and Heggstad K (2012): Local government revenue mobilization in Anglophone Africa CMI Working Paper, CHR – Michelsen Institute Frank R. H (1991): Micro Economic Behavior, Cornell University Fosu and Ashiagbor (2012): GIS Application for Local Government Revenue Mobilization, Kwame Nkrumah University of Science and Technology, Kumasi Kakwesigabo, L. P (2010): The Relationship between Revenue Collection and Expenditure in Tabora District Council, Unpublished MBA Thesis, Mwanza LGCDP (2010): A study to Identify Sources of Revenue, Revenue Mobilization Capacity and Expenditure Needs in Mountainous (Himali) Districts, CMI (P) Ltd, Kathmandu. LGCDP (2010): Report on A Study to Identify Sources of Revenue, Revenue Mobilization Capacity and Expenditure Needs in Mountainous (Himali) Districts. Communication and Management Institute (P.) Ltd, Maharajgunj, Kathmandu 88 October, 2013 A Study on LGAs Own Source Revenue Masasi District Council (2011): Revenue Potential Study for Masasi District Council. Mzenzi I. S (2013): Revenue Mobilization Issues in the Tanzanian LGAs, CLKnet Policy Brief No. 7:2013 Olowu D., and J. S. Wunsch (2003). Local Governance in Africa: The Challenges of Democratic Decentralization. Boulder: Lynne Rienner PMO-RALG (2008): Intergovernmental Fund Flows and Local Budget Execution in Tanzania, Dodoma REPOA (2008), Outsourcing Revenue Collection: Experiences from Local Government Authorities in Tanzania The IMF, OECD, UN and WORLD BANK 2011: Supporting the Development of More Effective Tax Systems, A Report to the G-20 Development Working Group 2011, United Republic of Tanzania (1982): Local Government Finance Act, Cap 290 RE 2002, Government Printer, Dar es Salaam United Republic of Tanzania (1983): Urban Authorities (Rating) Act, Government Printer, Dar es Salaam United Republic of Tanzania (2008): Tourism Act, Government Printer, Dar es Salaam Big Result Now (2012): Resource Mobilization – Non Tax Revenue, World Class Lab Report 89 October, 2013 A Study on LGAs Own Source Revenue Annex 01: ANNEXES Tanzania mainland population by age and sex, 2012 census Total 43,625,354 21,239,313 22,386,041 30,924,116 15,119,036 15,805,080 12,701,238 6,120,277 6,580,961 0-4 7,069,895 3,535,673 3,534,222 5,392,159 2,695,697 2,696,462 1,677,736 839,976 837,760 5-9 6,475,364 3,242,111 3,233,253 4,979,659 2,503,450 2,476,209 1,495,705 738,661 757,044 10-14 5,625,848 2,809,113 2,816,735 4,210,158 2,130,863 2,079,295 1,415,690 678,250 737,440 15 - 19 4,466,674 2,171,355 2,295,319 2,991,709 1,513,002 1,478,707 1,474,965 658,353 816,612 20 - 24 3,831,098 1,737,849 2,093,249 2,388,099 1,092,683 1,295,416 1,442,999 645,166 797,833 25 - 29 3,292,866 1,503,841 1,789,025 2,041,241 924,065 1,117,176 1,251,625 579,776 671,849 30 - 34 2,827,482 1,342,110 1,485,372 1,787,650 834,325 953,325 1,039,832 507,785 532,047 35 - 39 2,369,100 1,149,418 1,219,682 1,555,790 739,045 816,745 813,310 410,373 402,937 40 - 44 1,840,336 916,020 924,316 1,254,331 609,813 644,518 586,005 306,207 279,798 45 - 49 1,453,465 694,318 759,147 1,011,926 478,928 532,998 441,539 215,390 226,149 50 - 54 1,172,559 587,555 585,004 845,834 414,583 431,251 326,725 172,972 153,753 55 - 59 751,410 379,627 371,783 542,847 268,485 274,362 208,563 111,142 97,421 60 - 64 749,132 368,814 380,318 564,826 272,695 292,131 184,306 96,119 88,187 65 - 69 481,271 232,811 248,460 374,198 178,110 196,088 107,073 54,701 52,372 70 - 74 466,077 220,651 245,426 371,855 176,235 195,620 94,222 44,416 49,806 75 - 79 287,096 141,974 145,122 231,772 115,334 116,438 55,324 26,640 28,684 80+ 465,681 206,073 259,608 380,062 171,723 208,339 85,619 34,350 51,269 90 October, 2013 A Study on LGAs Own Source Revenue LIST OF QUESTIONNAIRES A. 1. AT REGIONAL LEVEL What are the main economic activities in your region/selected LGAs? Does the taxes levied by the LGAs match with the economic capacity of the District or Council? 2. What are the roles and responsibilities of the RS in relation to LG own source revenue? How do the RS perform those roles and responsibilities 3. What challenges face LGAs with respect to own source revenue i.e. from planning, budgeting, collection and in expenditure? 4. What should be done to overcome the challenges? 5. On your views; what do you thinks are the major sources of revenue in each LGA in your Region? Excluding the well-known major sources. 6. B. Any other valuable comment? LOCAL GOVERNMENT LEVEL 1. What are the main economic activities in your district/council? 2. Do you have any financial plan or policy? If yes, please explain briefly? Is the plan or policy incorporated in your Council Strategic Plan? 3. What are your views on the capacity of your Councilors and how they manage the Council’s revenue? 4. Does the Council use Local Government Management Database (LGMD) in preparing your plans and budget? 5. How many sources of LG own source revenue do you have? Please List. Does each source have its own by-law? 6. What are the major sources of revenue in your LGA? 7. For each source, how do you come up with the budget figure? 8. Do the budget figures relate to LGMD data? 91 October, 2013 9. A Study on LGAs Own Source Revenue For each source, how do you collect revenue? Briefly explain your revenue collection system? 10. For each source, what was the planned budget and actual revenue collection for the past five years? (2008/09 - 2012/13) 11. What is the amount (and in percentage) of own source revenue contribution to development projects annually? Provide data for budget and actual amounts for the past five years. 12. Does the Council recognize community contribution as own source revenue? What is the trend? 13. Do you collect and recognize revenue from sources like CHF and Secondary Education? 14. What are the challenges faced in revenue collection? What should be done? 15. Do you use Revenue agents (outsourcing facility) in revenue collection? 16. If yes, which sources have been outsourced? 17. What criteria used to select revenue agents? 18. Did you conduct a feasibility study before deciding to outsource on the value of outsourcing and your capacity to manage outsourced activities so that value for money can be achieved? 19. Before outsourcing, did you prepare risk management plan to make sure that the outsourced activity poses low risk on the part of Council? 20. For each source how did you arrive at the margin given to the revenue agent to collect? 21. Who are involved in the preparation of the contracts for outsourcing activity? 22. How do you monitor or follow up the performance of revenue collection agents? 23. Is there any specific person assigned to supervise the collection agents? 92 October, 2013 24. A Study on LGAs Own Source Revenue Do you request the Revenue agents to submit monthly financial and operational reports to the Council in order to observe revenue collection trend? 25. Do you conduct routine based inspections so as to identify weaknesses and problems on agent’s performances? 26. Who is (are) responsible to monitor the Council own source revenue collection including agents collection? What is (are) their qualifications? Are they trained on revenue management? 27. What are the challenges faced in regard to outsourcing revenue? What should be done? 28. What are the Councils’ incentives to the community to enable them pay tax voluntarily? C. 1. TAXPAYERS What do you understand by the term Taxes? Do you pay Taxes? If YES what and how many types of taxes do you pay? And if NO, Why? 2. What is your Monthly/Annual Income? 3. Can you say something why are you paying taxes? Are you paying taxes voluntarily or you just pay after being forced? 4. On your opinion how the Council /Government contributes on the development or improvement of services offered? As a Taxpayer are you satisfied with the services offered by your council? If NO, Why? 5. 5. What can you say about those taxes charged by TRA and those charged by the LGAs? Are you comfortable with the rates charged as compared to what you earn as your income? 6. On your opinion what taxes you think do not suit and what you think is proper to be charged? 7. Any other comments? 93