South Asian Tax Summit, 2008
FBR’s REFORMS PROCESS
Presentation by
USMAN KHALID MIRZA
Member Direct Taxes
April 16,2008
Order of Presentation
• Vision, Mission & Values
• The Strengths of FBR
• Tax Reform Initiatives: A Chronological Review
• Recommendations for TARP
• Objectives of the TARP
• Structure of Field Offices prior to Reform
• What had to be done under TARP
• Current Status
Vision, Mission &Values Statement
• VISION
To be a modern, progressive, effective and credible organization for optimizing revenue by providing quality service and promoting compliance with tax and related laws
• MISSION
Enhance the capability of the tax system to collect taxes through application of modern techniques, providing taxpayer assistance and by creating a motivated, dedicated and satisfied, professional work force
• VALUES
Integrity – Professionalism – Teamwork – Courtesy –
Fairness – Transparency - Responsiveness
Organizational Structure FBR
CCFR
Secretary General/
Chairman
PRAL
Line Members
Direct Taxes
Sales Tax &
Federal Excise
Customs
Support Members
Tax Policy & Reform
Legal
Administration and
Coordination
Note: Various DG Positions are also included in the top Management
Functional Members
HRM
Audit
Fiscal Research
Information
Management System
Facilitation &
Taxpayers Education
Strengths of FBR
• A Critical State Institution
Collecting nearly 90% of tax revenue of the State
Contribution towards federal and provincial total revenue (tax and non-tax) is around 65%
Revenue collected is sufficient to meet 75% to 80% of
Government expenditure needs
Generation of resources for smooth economic management of
Federal as well as Provincial and Local Governments
Keeping the economy vibrant
Monitor Fiscal Policy through tax incentives to encourage flow of FDI
Tax Reform Initiatives in Chronological
Order
• May 2001: Syed Shahid Hussain’s Committee
Report
• Aug 2001: IMF Mission Report
• Nov 2001: The Strategy Document on Tax Reform
• Nov 2001: Presentation to the President of
Pakistan
• Dec 2001: Approval of the Strategy Document
• Feb 2002: Establishment of Supervisory Council
• Jul 2002: Establishment of Cabinet Committee for Federal Revenues (CCFR)
Recommendations
• CBR to have greater autonomy within the
Government structure
• Supervisory Council (now CCFR) to monitor & review CBR performance
• Reorganize CBR and its field offices on functional lines
• Merger of Income Tax, Sales Tax & Excise functions
– a step towards co-location and integration of internal taxes
• Separate handling of Large Taxpayers
• Improve HRM strategy with respect to induction, promotion, training and compensation of Employees
• Improve physical infrastructure and introduce Onewindow operation
• Greater stress on taxpayers’ education, service and facilitation
• Stagnant Tax Revenue
• Narrow Tax Base
• Primitive and antiquated tax administration
(cylindrical instead of functional)
• Complexity of tax laws and arbitrariness in their application
• Relationship between tax payer and tax collector largely adversarial
Objectives of the Reforms
• Mobilize resources as per budgetary projections for improved economic management
• Widen taxpayers base
• Streamline tax and tariff rates
• Improve voluntary compliance and strive to minimize adversarial relationship between taxpayers and tax collectors through:
Simplification of tax laws and procedures
Taxpayer friendly environment
Making the system more transparent and efficient
Honest Tax Administration
Structure of Field Offices Prior to
Reforms
• Direct Taxes (Income Tax Etc.)
5 Regional Commissioners with
34 Zonal Commissioners
• Sales Tax and Federal Excise
6 Collectorates
• Customs
10 Collectorates
• Composite Collectorates
3 Collectorates
What had to be done under TARP
• Policy Reforms
Simplification of laws
Universal self assessment across all taxes coupled with effective selectivity and risk based audit of taxpayers
No immunities, fixed taxes and amnesties
Minimize dependence on withholding taxes
Elimination of exemptions
Tax Rates and Tariff reduction and rationalization
Effective Dispute Resolution Mechanism
What had to be done under TARP
• Administrative Reforms
Re-structuring the top structure of FBR
Transform HQ and field offices on functional lines
Re-organize and upgrade infrastructure of field offices (for domestic taxes – Federal excise Duty,
Income Tax and Sales Tax) i.e.,-
Large Taxpayer Units (LTUs) to deal with major revenue spinner cases
Regional Tax Offices (RTOs) in major cities to deal with all other taxpayers
Medium Taxpayer Units (MTUs) as pilot projects to test the functional working of
Income Tax
Taxpayers’ Facilitation Centers (TFCs) in small towns and cities
What had to be done under TARP
• Administrative Reforms - continued
Re-organize and upgrade infrastructure of field offices (for international taxes – Import Taxes) i.e.,-
Model Customs Collectorates (MCCs)
Trade and Passenger Facilitation Centers
(TFCs) at international borders and dry ports
Extensive Business Processes Re-engineering
(BPR)
Improved Human Resource Management
Concept of e-government
Automation and optimum use of latest IT
Technology
Restructuring and training of Human Resources
Facilitation, service and tax education
Current Status Of Policy Reforms
• Simplification of Tax Laws
New Income Tax Law – Income Tax Ordinance,
2001 and Income Tax Rules, 2002 introduced
New Federal Excise Law – Federal Excise Act,
2005 and Federal Excise Rules 2005 introduced
Customs and Sales Tax Law and Rules updated and improved
Introduction of GST in VAT Mode to minimize cascading
Zero-rating of five major export oriented sectors to address the problems of processing of sales tax refund claims and settlements and governance
Current Status Of Policy Reforms
• Universal Self-Assessment
Successfully implemented in Income Tax and Federal
Excise
Further streamlined in Sales Tax
Partly implemented in Customs
• Effective Risk Based Taxpayers Audit
All corporate and non-corporate taxpayers (income above certain threshold) are subject to Desk Audit and if warranted by the facts followed by a detailed audit
• Elimination of Exemptions
To a large extent exemptions have been eliminated and is an on-going process
Current Status Of Policy Reforms
• Tax Rates reduction and rationalization – Income
Tax
Uniform Corporate tax rate of 35% for Public,
Private and Banking Companies (From 35%, 43% and 47% respectively)
Introduction of low tax rate of 20% for small companies
Personal tax rates for salaried individuals reduced and rationalized to 0.25% to 20% from
3.5% to 30%
Non-corporate tax rates reduced and rationalized to 0.50% to 25% from 7.5% to 35%
Current Status Of Policy Reforms
• Tax Rates reduction and rationalization – Income
Tax
Introduction of fixed/final tax of 5% and 10% on rental and interest income
Withholding tax rates rationalized
Gradual enhancement of tax-free threshold to Rs.
150,000 for salaried taxpayers and Rs. 100,000 for non-corporate taxpayers
Current Status Of Policy Reforms
• Tax Rates reduction and rationalization –
Sales Tax
Additional Sales Tax of 3% on sales made to un-registered person withdrawn
Threshold of turnover subject to Sales Tax raised from Rs.0.5 million to Rs.5.0 million
Aberrations like turnover scheme and enlisting scheme abolished
Current Status Of Policy Reforms
• Tariff reduction and rationalization – Customs
Maximum standard rate reduced to 25%
Number of slabs reduced to five –0% 5%, 10%,
20%, 25%
Clear distinction between primary and secondary raw materials, semi-finished and finished goods
Special incentives for capital goods including plant, machinery, and equipment – reduced rate of duty of 5%
Tariff protection to locally produced goods
Current Status Of Policy Reforms
• Dispute Resolution Mechanism – All Taxes & Duties
Withdrawal of all frivolous appeals by the department before Tribunals, High Court and
Supreme Court of Pakistan
All first level appeals (within the department) disposed off within two years (80000 appeals).
Now only (3000 appeals) are pending
At the Apex Court level special benches were constituted at the request of FBR and a large number of appeals on legal issues decided (1650 out of 1950) and the remaining are under process
(300)
Current Status Of Policy Reforms
• Dispute Resolution Mechanism – All Taxes & Duties
At the High Court level the cases are being grouped by issues and taken up for hearing for speedy disposal of appeals
Alternative Dispute Resolution Mechanism - Introduced
A unique system for speedy disposal of disputes between the taxpayers and tax collectors in an un-conventional manner;
By honorary professionals and related business experts
Without any cost; and
Without foregoing the right of regular appeal process
Current Status Of Policy Reforms
• Others
Gradual phasing-out of Federal Excise Duty on goods
Bringing services into tax net (Sales Tax) through
Excise Duty, due to constitutional constraint
Current Status Of Administrative
• Functional Members
Reforms
Five Members from Private Sector engaged specializing in their respective fields i.e. Audit,
Facilitation and Tax Education, Fiscal Research and
Statistics, Human Resource Management and
Information Management System
• Re-structuring the Top Structure of FBR
First Phase has been completed and Second Phase is to be completed by December 2009
Current Status Of Administrative
Reforms
• Transformation On Functional Lines
FBR (HQ) is working on functional lines i.e. Line
Members of Custom, Income Tax and Sales
Tax/Federal Excise and Support Function Members of
Audit, IMS, FRS, FATE, HRM and Legal since 2001
Income Tax department has also started working on functional lines since July 2006
Audit & Inspection, Training, Intelligence, and
Valuation Directorates have also started working on functional lines
Sales Tax department is also working on functional lines
Current Status Of IT Initiatives
• Pakistan Customs Computerized System (PaCCS)
After Extensive Business Process Re-engineering, the pilot project of (PaCCS) has been launched
PaCCS is a fully automated (state of the art) system whereby WEB based electronic goods declaration is processed and cleared without any human interface
Average clearance time reduced to four hours from five days for imports and one hour for exports
PaCCS at present is handling clearance of imported containerized full cargo load only
PaCCS fully operational and functioning smoothly at
KICT, the pilot site of MCC Karachi
Current Status Of IT Initiatives
• Pakistan Customs Computerized System (PaCCS)
PaCCS rolled out to PICT & QICT as additional pilot sites
Customs automation and business process reengineering reforms in the rest of the country to be completed by December 2007. Technical
Business Requirements and bidding documents for acquiring automated system are being prepared
In the interim period, homegrown automated system by the name of ‘One-Customs’ has been introduced at major customs stations pending
PACCS full implementation to improve the present manual system of clearance
Current Status Of IT Initiatives
• Tax Management System (TMS) – A home grown system
Deployed in all LTUs and RTOs in place for efficiency and transparency
• Sales Tax Management System (STMS) – A home grown system
Deployed in all LTUs and RTOs in place for efficiency and transparency
• The two systems – TMS and STMS will eventually be taken over by Integrated Tax Management System
(ITMS) to ensure international standards
Current Status Of IT Initiatives
• Integrated Tax Management System (ITMS)
Bidding documents under two-stage bidding procedure forwarded to World Bank for their final approval
It is expected that the invitation to bid will be floated before the end of the calendar year
The final delivery of the ITMS is expected by June 2009
• e-filing of Returns/W.Statements (Income Tax, Sales Tax ) has been successfully launched
• Computerized System of Tax Payment Receipts (CPR) developed in collaboration with NBP and SBP endorsed by MOF,
AGPR and CGA and implemented
Current Status Of IT Initiatives
• Other projects in hand
Data Warehouse
Human Resource Information System
Inventory Management System
Wide Area Net Work (WAN) – Independent for
FBR
Procurement of Hardware
Outcome of Reforms
• Gaining Stakeholders’ Respect
• Substantial reduction of corruption - Transparency
International Report
• Improved performance – Revenue targets not only achieved but surpassed
• Creating business friendly environment
• Introducing professionalism, integrity, teamwork, courtesy, responsiveness, transparency and fairness
• Facilitating and providing service to the taxpayers
• Reducing the cost of doing business
• Adversarial relations to mutual trust and confidence
Outcome of Reforms
• Infused confidence among taxpayers through regular facilitation and tax education which has bridged the gap between taxpayers and tax collectors
• Creation of an enabling environment for various stakeholders which is:
Promoting Economic Activity
Encouraging Investment
Spreading Out Commercial Activities
Expanding Exports
1990-91
1995-96
1997-98
99-2000
2000-01
2001-02
2002-03
2003-04
2004-05
2005-06
2006-07
Outcome Of Reforms
In Terms Of Change In Tax Mix
Direct Taxes
%
Sales Tax
%
Customs
%
Excise
%
Indirect Taxes
%
18.0
29.2
35.1
2.5
31.8
35.3
32.9
31.7
30.9
31.0
15.4
18.6
18.4
33.6
39.1
41.2
42.3
42.1
40.6
41.0
45.7
33.2
25.4
27.8
16.6
11.8
15.0
17.5
19.5
19.5
20.9
19.1
21.1
16.1
12.5
11.7
9.8
8.7
8.9
8.5
82.0
70.8
64.9
67.5
68.2
64.7
67.1
68.3
69.0
69.0
39.4
36.5
15.6
8.5
60.6
Outcome Of Reforms
YEARS
1990-91
1991-92
1992-93
1993-94
1994-95
1995-96
1996-97
1997-98
1998-99
1999-00
2000-01
2001-02
2002-03
2003-04
2004-05
2005-06
2006-07
In Revenue Collection
(Rs. Billion)
Budget
Estimates
123.3
Revised
Estimates
120.6
Collection
110.5
Achievement (%)
B.E. R.E
89.6 91.6
149.5
174.8
190.7
259.9
270.5
328.0
324.0
354.0
362.5
430.0
457.7
458.9
510.0
580.0
690.0
835.0
145.0
160.0
180.3
225.0
264.8
286.0
297.6
308.0
351.7
406.5
414.2
No Revision
No Revision
590.0
690.0
835.0
139.8
153.2
172.6
226.6
268.0
282.1
293.6
308.5
347.1
392.3
404.1
460.2
518.00
591.085
712.6
847.2
93.5
87.6
90.5
87.2
99.1
86.0
90.6
87.1
95.8
91.2
88.3
100.3
101.7
100.2
102.1
101.5
97.8
95.8
95.7
100.7
101.2
98.6
98.7
100.2
98.7
96.5
97.6
NA
NA
NA
NA
NA
NA means Not Applicable
Number of Taxpayers filing the returns up to December, 2007 is 2.04 million.
FBR has already taken some far reaching measurers to expand the tax base, under which number of taxpayers and revenue are continuously increasing such as :
• Universal Self Assessment Scheme
• Reduction in tax rates
• Enforcement of filing of statements by exporters, importers, contractors, suppliers & salaried class
Conducting sectoral studies for the purpose of detecting leakages and for tax gap analysis etc.
Providing incentives / benefits to those who duly pay taxes and file returns to encourage filling.