Gender and Taxation By Bernadette Wanjala Kenya Institute for Public Policy Research and Analysis (KIPPRA) Tax Justice Academy Maanzoni Lodge, Nairobi, Kenya 3rd December 2014 Introduction • Taxation policies are likely to affect men and women differently, since they play different roles in society and also demonstrate different consumer behavior • Concerns worldwide that tax policy is biased against women because it tends to increase the incidence of taxation of the poorest women while failing to generate enough revenue to fund the programmes needed to improve these women’s lives • Viewing taxation with a gendered lens can play a role in promoting gender equality. Gender bias in taxation • Can be: –Explicit: for example in procedure of filling returns of income taxes; differences in income tax reliefs –Implicit: Not direct e.g. gender biases in VAT and excise taxes resulting from different consumption patterns • Consider Kenyan case of income and VAT Gender bias in Kenyan Tax system – Income taxes • Consider evolution of income tax structure in Kenya • Gender biases existed but have been corrected over time • For instance, in the 1960s and 1970s, women’s income was lumped together with the husband’s for tax purposes - income of a married woman was deemed to be the income of the husband’s for the purpose of determining his total annual taxable income • PAYE for wife’s income deducted at source • However, lumping together with husbands moved the income into higher marginal tax bracket – liability paid by husband Gender bias in income taxes • From 1978, burden shifted to wife – could be deducted PAYE at higher rate • In 1980, the wife’s employment income was separated from the husband’s for tax purposes. • The wife’s professional income was separated from the husband’s income in 1988/89 • Currently, the wife and husband are treated separately for tax purposes, even though there is still an option of joint filing – does not move them to higher marginal tax rates – gender bias in joint filling eliminated • Language in tax returns forms…assumes main taxpayer is still male. Gender bias in income taxes in Kenya • In the 1960s and 1970s, exemptions and relief varied according to the marital status of an individual (married, single or special single— single with children) and also the individual’s age. • Only married men were treated as married, while married women were in the category of singles. • Reliefs unified in 1996-97- eliminated discriminatory element. • Allowances varied by number of children and only given to men but unified in late 70s to remove discrimination. Value added Tax • Biases are implicit • Depend on consumption patterns (at household level – male headed vs female headed households) • Use household survey data to analyze consumption patterns and compute VAT burden Consumption patterns by gender Household Group Male 1st Quintile Male 2nd Quintile Male 3rd Quintile Male 4th Quintile Female 1st Quintile Female 2nd Quintile Female 3rd Quintile Female 4th Quintile Agricultural products 45.2 46.1 41.9 27.7 47.3 44.1 36.6 31.6 food 34.2 29.3 28.0 19.0 31.7 31.2 26.6 23.0 non food 20.6 24.6 30.1 53.3 21.0 24.7 36.8 45.4 Percent 17.8 17.4 17.2 17.0 17.2 17.1 16.8 16.8 16.6 16.4 16.9 Percent VAT burden without exemptions and zero-rating Fe m ale 1st Qu in t Ma ile le 1 st Q Fe m uin tile ale 2nd Qu inti Ma le le 2 nd Q u in Fe m tile ale 3rd Qu int Ma ile le 3 rd Qu Fe m int ile ale 4th Qu inti Ma le le 4 th Qu inti le Fe m ale 1st Qu in t Ma ile le 1 st Q Fe m uin t ile ale 2nd Qu inti Ma le le 2 nd Qu Fe m inti ale le 3rd Qu int Ma ile le 3 rd Q Fe m uin tile ale 4th Qu inti Ma le le 4 th Qu inti le VAT burden by gender VAT burden with exemptions and zerorating 17.6 5.5 17.5 6.0 17.6 17.2 5.0 17.0 4.0 3.8 2.8 3.0 3.0 3.7 2.9 3.0 2.0 1.0 0.0 5.5 Gender and taxation in SA • During the apartheid years, tax system was discriminatory on grounds of both gender and marital status, through the tax schedule definitions and application of the primary rebate and retirement annuities contribution deductions. • From March 1995, a single tax structure was imposed on all individuals irrespective of gender or marital status, a single primary rebate (for those under 65 years) introduced, and the differences in retirement annuity deductions removed. The rebate for dependents was also removed. • Provisions put an end to formal, explicit gender discrimination in the tax system. Gender & tax in SA • Does removal of gender and marital discrimination to allow for single filing as opposed to joint filing results in a system which is overall more equitable. • Consider hypothetical example • Household 1 consists of a husband, wife and their two children. The husband earns R2 000 per month and the wife earns R1 000 per month. Household 2 consists of an employed woman who earns R3 000 per month, the woman’s nonearning mother, and the woman’s two children. Gender & tax in SA • Earlier tax regime attempted to place these two households in more or less equal positions given their seemingly equal needs, but with some reduction in tax for the married couple so as not to discourage women’s employment. • After removal of discrimination on the basis of gender and marital status, and using the 1999/2000 tax tables the first household pays R850, while the second pays more than four times as much, at R3 460. • Appears that formal discrimination on the basis of gender and marital status has been replaced with more severe indirect discrimination against some of those who do not conform to a nuclear family model Gender & tax in SA • Standard Income Tax on Employees (SITE) assumption of consistent monthly earnings would disadvantage groups such as the many women who have seasonal work • Women more likely than men not to work a full year because of reproductive roles Overall incidence Total Tax VAT Excise Tax Fuel Tax Distribution Employment Categories Male breadwinner 9.36 7.36 1.12 0.88 26.4 Female breadwinner 8.14 7.05 0.45 0.64 21.6 Dual earner 9.15 7.13 0.89 1.14 24.2 None employed 7.84 6.99 0.49 0.37 27.8 Male-headed 9.06 7.17 0.96 0.94 59.1 Female-headed 7.99 7.08 0.44 0.48 40.9 Headship Incidence Indirect tax incidence • Total indirect tax incidence is lower in femaletype households than in male-type households • For each R1 of expenditure male majority households pay 9.23 cents in VAT, female majority households spend 8.13 cents on VAT • Excise taxes – higher burden on male headed households because of consumption patterns (especially alcohol, tobacco and fuel Conclusion • Most explicit biases have been removed through reforms in tax systems • Implicit biases still exist in some tax systems. • Need for detailed analysis of tax systems to identify biases and propose relevant recommendations. Thank You Asante