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Showing posts with label taxation. Show all posts
Showing posts with label taxation. Show all posts

Tuesday, April 25, 2023

Are startups engaging in innovation in India?

by Aneesha Chitgupi, Karthik Suresh and Diya Uday.

Introduction

What is a startup? The academic literature takes a broad view --- startups:

  • have a high growth rate (Moogk 2012),
  • have a lower number of employees (Beck et al. 2008),
  • are at the early stage of the life cycle of a firm (Eisenmann 2013, Stevenson and Jarillo 1990), and
  • are drivers of innovation (Cohen and Klepper, 1996).

However, governments across the world focus on the link between startups and innovation. In the Netherlands, a startup is defined as "a business that translates an innovative idea into a scalable and generic product or service, using new technology." In the United States, a startup is one that "has never been an SEC reporting company, uses invested capital, often from venture capital investors, to build an innovative growth focused, scalable business." The Israeli "innovation model" is "largely based on the creation of technological value, mainly in start-up companies and multinational corporations R&D centres".

This is true of the Indian government as well. The stated objective of the Startup India Action Plan of 2016 is to promote innovation. The idea that startups are innovative is also reflected in the draft Science, Technology and Innovation Policy of 2020) as well as foreign policy initiatives like the Engagement Group on startups at the ongoing G-20 Summit.

The Startup India Policy offers a suite of regulatory exemptions and incentives linked to innovation by startups. Two key components of this policy are: (i) reduced fees and priority in processing patent and design applications for startups, and (ii) full exemptions on income tax to the startup following approval from an Inter-ministerial Board (IMB). The Startup India Policy has been amended several times. Key changes relating to the definition of a startup have been:

  1. February 2016: a startup is (i) not older than five years from the date of its incorporation/registration, (ii) turnover in any of the previous five financial years has not exceeded INR 250 million, and (iii) it is working towards innovation, development, deployment or commercialisation of new products, processes or services driven by technology or intellectual property. The startup should develop and commercialise "a new or a significantly improved product or service or process that will create or add value for customers or workflow".
    To be registered with the DPIIT, as well as to qualify for the tax exemption, a startup needs to be recommended by a registered incubator, or an angel/private equity/ accelerator fund with at least 20 per cent funding, or by the Union or state government as part of a scheme to promote innovation, or it should have filed a patent.
  2. May 2017: the age of an eligible firm and the period for calculation of turnover was increased from five to seven years from the date of its incorporation/registration (ten for firms in the biotechnology sector).
    In addition to the definition, a startup may now also have scalable business models with a high potential of employment generation or wealth creation to gain benefits.
    To register as a startup and avail of the tax exemption from the IMB, a firm now only has to make an online application by providing the details of (i) certificate of incorporation/ registration and "other relevant details as may be sought", and (ii) a write-up about the nature of business highlighting how it meets the criteria in the definition. The DPIIT would consider "innovativeness" from a domestic standpoint. DPIIT may grant or reject recognition after review.
  3. February 2019: age requirement of an eligible startup was relaxed to ten years for firms across all sectors. The turnover limit was increased to INR 1 billion.

Given the emphasis on "innovation", we consider it important to examine whether India's policies are incentivising innovation by startups by asking the following questions:

  1. Are startups in India engaging in innovation?
  2. How innovative are Indian startups compared to non-startup firms?

To answer this, we require some well-accepted measure for studying startup innovation. We adopt the most popular method i.e. using patent fillings and grants as proxies to measure innovation (Wang 2018; de Rassenfosse 2019; Katila 2000). We chose this over other proxies like expenditure on R&D (Rothwell and Ziegler, 1981; Geroski, 1989). We examine our questions using patent filings and grants to startups. We also use a novel measure i.e. the benchmarks for innovation as defined under the Startup India policy. We found that startups are not driving "innovation" in the conventional sense of the term in India.

We lend new insights into the conventional wisdom on startups and innovation in India and highlight the need for a re-look at the current policy on startups in India.

Methodology

We use two methods to determine whether startups are engaging in innovation:

(i) Measuring innovation using patent applications and grants: We hand-collected data on patent filings and grants from the Indian Patent Office across different categories of entities for the years 2016-17 to 2020-21. We substantiate this data using the annual reports of the Department of Promotion of Industry and Internal Trade (DPIIT). We examined the fraction of patents filed and granted by startups over the years compared to other entities.

(ii) Measuring innovation using startup registration and granted Income Tax (IT) exemptions under the Startup India Policy: The Startup India Policy 2015 requires startups to be innovative to (i) register as a startup and (ii) be granted IT exemptions under the Startup India Policy read with section 80-IAC of the Income Tax Act. We collected data on the number of startups that have successfully received tax benefits (after being classified as innovative). We then calculated the fraction of startups that were granted exemptions versus total startup registrations. For this, we collected data on startup registrations, applications for IT exemptions and approvals to applications of IT applications for all states and UTs in India between 2016-2022. We aim to gain insights into how many startups are "innovative" according to the policy definitions of "innovation".

We also collect currently available data on the total number of startups in India with the number of startups that are registered with the DPIIT. However, this is only available for the current year. We aim to examine how many startups in India qualify under the policy definition of a recognised startup to examine the stringency of the definition of a startup.

We conducted a detailed analysis of startup policies in India to give us further insight into our results from (i) and (ii) above.

Results

Impressive growth rate in patent filings by startups but their overall share remains small: We examined patents filed and granted by Indian startups versus other Indian entities which include small firms, private and public firms, and natural persons. We did not include foreign firms and institutions filing for patents in India or Indian entities filing for patents abroad. We found, across the years, that the number of patents filed by startups has increased possibly on account of the fee waiver and fast-tracking of applications. We also see specific increases in the years in which these interventions were made (May 2017, February 2019) when patent filings doubled (see Figure 1). The CAGR for patents filed by startups and other entities show a disproportionate growth rate for startups at 54 per cent for the period between 2016-17 to 2020-21 which was nearly 12 per cent for other entities for the same period. We found that startups constitute a small proportion of the total patents filed in India when compared to other entities. Patent filings were largely driven by large firms and universities.

Figure 1: Fraction of patents filed by startups over non-startups (2016-17 to 2020-21)

Disproportionately fewer startups were granted patents: The share of patents granted to startups peaked at 8.8 per cent during 2017-18, remained the same the following year and has declined since then. One reason for this could be that startups were obliged to file for a patent to receive registration under DPIIT as well as for applying for IT exemption. The reason for the drop in shares of both patents filed and granted during 2020-21 could be the removal of patents as a condition for registration of a startup and for IT exemption (in May 2017). We also believe that there could be an overall decline in the quality of patents filed. It appears that while the current policy has incentivised firms to file patents, their applications do not pass the more stringent test of proving innovation and hence they fail. The threshold required to grant a patent is strict and requires a firm to prove novelty, which is not the case at the application stage where anyone may file for a patent.

Figure 2: Fraction of patents granted to startups over non-startups (2016-17 to 2020-21)

Source: Annual reports of Indian Patents Office

Figure 1 showed that the share of patents filed by startups in total patents filed was rising during the period 2016-17 to 2019-20. This is not the case for the share of patents granted (Figure 2).

Less than two-fifths of startups registered with DPIIT qualify for benefits: We find that since 2016, the number of companies registered as startups under the Startup India Policy with the DPIIT has increased in absolute terms. However, the growth rate over time has reduced. We further find that out of all the startups that exist in India, only a percentage of them qualify as "startups" under the Startup India Policy and have been registered as such. For instance, there are 2,49,107 startups in India (as on February 2023) out of which only 90,939 (36.5 per cent) are registered by the DPIIT as startups. It is possible that the unregistered startups have either not applied to be registered or have not qualified as startups as per the definitions. This raises the question: is our current definition of a startup under the Startup India Policy the right one? Should we rethink the definition to extend the benefits of the policy to more startups on the ground?

Low grant percentage of IT exemptions for startups: We found that out of the total number of registered startups, less than 2 per cent of startups have been granted the IT exemption, signifying that few startups have been certified as innovative as described in the Startup Policy on external scrutiny by the IMB. We validated this with data on the number of applications for the IT exemption for the year in which this data is available (2017) and found that 90 per cent of registered startups applied for the IT exemption in that year. This indicates that the low fraction of startups receiving IT exemptions is not for the lack of application on the part of registered startups. This has even prompted questions in Parliament.

To be registered as a startup under DPIIT, a startup has to only declare that they are working towards innovation, whereas to obtain an IT exemption, the fact of innovation is scrutinised by the IMB based on specific criteria because of which a startup may not qualify. It is possible that, at registration under the policy a startup need not demonstrate innovation but only declare it, however, for the IT exemption it must now demonstrate and prove innovation in the manner specified in the policy. It appears that few startups are actually being innovative according to the Startup India Policy. Table 1 summarises our findings.

Table 1: Total startups registered and granted IT exemptions based on whether they are "innovative" (2015-2016 to 2020-21).

Year Number of startups registered Growth rate (%) No of startups granted 80-IAC Fraction of total (%)
2015-16 471 -- 7 1.5
2016-17 5233 1011 69 1.3
2017-18 8775 68 18 0.2
2018-19 11417 30 162 1.4
2019-20 14596 28 83 0.6
2020-21 20160 38 70 0.3

Source: Authors' calculations from DPIIT data

Limitations: (i) We do not have access to consistent yearly data on the number of total startups v. those which are registered. (ii) We do not have data on the pre-policy period. (iii) Our present study is not focused on industry-level features. We intend to pursue this in the next leg of our study.

Discussion

Our findings indicate that both measures --- IT exemption grants based on innovation and patents filings and grants --- suggest that innovation in India does not consistently emerge from startups. Instead, our findings are in line with studies in other jurisdictions which suggest that large firms undertake most innovation on account of their risk appetite and R&D capacity (Cohen and Klepper 1996, Symeonidis 1996). Our findings are also aligned with reports that indicate large firms and universities engage most in innovation if measured by patent filings in India. Is this, however, a true picture of innovation on-ground? And what are the implications of our findings for current innovation policies for startups?

The literature makes the case for government intervention on startup innovation citing the disparity in the ability to compete as a market failure (Wang 2018, Symeonidis 1996). The argument is that startups require a boost to even out the playing field as they are unable to compete with larger firms with more resources. Our findings lend some support to this by demonstrating that (i) startups in India are not innovating as much as large firms, and (ii) patent filings by startups have increased since the Startup India policy came into effect. We also, find that patent grants to startups have not increased. Therefore, despite government intervention in India, startups are not driving innovation. Some explanations for this are as follows:

  • The current set of incentives may not be sufficient to drive startups to innovate more. We find some support for this in the literature that finds that supply-side policies alone (e.g. subsidies) are not sufficient to stimulate innovation (Geroski 1989). Focusing on additional demand-side measures such as public procurement of innovation from startups may trigger greater innovation as it reduces the market risk for innovators (Rothwell et al. 1981; Tiwari 2017).
  • Conventional notions of innovation are linked to "novelty" through patenting which is a very high standard for measuring innovation. In reality, startups in India may be engaging in innovation which is not eligible for conventional patents such as technological improvements or modifications suited to the domestic context. Reports suggest that startups in India adopt rather than innovate in the conventional sense. For instance, India is using the technology adoption route for developing Web3.
    Another reason could be that Indian firms are innovating but are not registering patents in India. Reasons for this range from poor enforcement in India to sector-specific commercial preferences. An example of the latter is the semiconductor sector --- India has a large chip design industry but this work is done on a contract basis for US semiconductor firms which file their patents in the US.
    Therefore, patents may not be the best way to measure innovation in India. Current startup policies in India should re-think the definition of "innovation" and make it more suited for the Indian context.

We gain some insights from the innovation-linked incentives that are offered by other countries. In South Korea, which has the highest per-capita granting of patents in the world, all startups irrespective of how innovative they are qualify for reduced fees in patent filings and certain tax exemptions available to SMEs. South Korean policy appears to focus more on promoting linkage between large and small firms to promote networking and market access. In the Netherlands, which ranks ninth in the world in patent filings, vouchers are given to SMEs for patent filing that cover up to 75% of costs. The Dutch Tax Office evaluates and grants specific tax incentives for "technical-scientific research" and "development projects". Both these countries, considered to be highly innovative, have tax schemes that are targeted at specific outcomes and there are some general exemptions for patent filings. India could perhaps learn from these policies.

Conclusion

We set out to answer two questions in this article: Are startups engaging in innovation? How innovative are startups compared to non-startup firms? Our findings using both measures indicate that startups are not driving "innovation" in the conventional sense of the term in India. However, many Indian startups have scaled up by engaging technology towards creative solutions in many industries such as payments (Paytm), e-commerce (Meesho), credit cards (CRED) and healthcare delivery (PharmEasy). While these firms may not do well on the conventional measures of "innovation", they have played a role in encouraging entrepreneurship to solve everyday challenges, all while benefiting their shareholders.[1] Policy in India must, therefore, be suitably modified to recognise such contributions towards innovation. This is an emerging idea that Indian policymakers are increasingly acknowledging. For instance, the Economic Advisory Council to the Prime Minister of India noted the importance of FDI from tech transfers as a key source of promoting innovation in India. We need to think harder about what "innovation" means in India and what role should the government play in encouraging innovation.

In further research, we will analyse the pattern of patents filed and granted across various industries to understand which sectors are more innovative in the traditional sense. We will also examine the firms that have received the IMB's certification of being "innovative" to (i) study the characteristics of these firms and the industries to which they belong, and (ii) study the trends in the grant of certification by the IMB for innovation to startups. This will help us gain a more nuanced understanding of what drives innovation among startup firms in India.

Footnotes

[1] According to its Red Herring Prospectus filed at the time of its IPO (November 2021), Paytm does not own any patents.

References

  1. Tom Eisenmann, Entrepreneurship: A Working Definition. Harvard Business Review, January 10, 2013.
  2. Stevenson, H. H., and Jarillo, J. C., A Paradigm of Entrepreneurship: Entrepreneurial Management. Strategic Management Journal, 11 (1990), 17-27.
  3. Dobrila Rancic Moogk, Minimum Viable Product and the Importance of Experimentation in Technology Startups, Technology Innovation Management Review, March 2012.
  4. Beck, Thorsten and Demirguc-Kunt, Asli and Maksimovic, Vojislav, Financing patterns around the world: Are small firms different?, Journal of Financial Economics, Volume 89, Issue 3, September 2008, Pages 467-487.
  5. Jue Wang. Innovation and government intervention: A comparison of Singapore and Hong Kong. In: Research Policy 47.2 (Mar. 2018), 399-412.
  6. Wesley M Cohen and Steven Klepper, A Reprise of Size and R&D. In: Economic Journal (1996), 106 (437), pp. 925-51.
  7. Gaetan de Rassenfosse, Adam Jaffe, and Emilio Raiteri. The procurement of innovation by the U.S. government. In: PLOS ONE 14 (Aug. 2019), pp. 1-11.
  8. Katila, R. Measuring innovation performance. In: International Journal of Business Performance Measurement (2000), 2: 180-193.
  9. P. A. Geroski. Entry, Innovation and Productivity Growth. In: The Review of Economics and Statistics 71.4 (1989), 572-578.
  10. R Rothwell and W Zegweld. Industrial Innovation and Public Policy: Preparing for the 1980s and the 1990s. In: London: Francis Pinter Publications (1981).
  11. G. Symeonidis, Innovation, Firm Size and Market Structure: Schumpeterian Hypotheses and Some New Themes, OECD Economics Department Working Papers, 161 (1996).
  12. S.A. Low and M.A. Isserman. Where Are the Innovative Entrepreneurs? Identifying Innovative Industries and Measuring Innovative Entrepreneurship. In: International Regional Science Review 38.2 (2015), 171-201.

Aneesha Chitgupi, Karthik Suresh and Diya Uday are researchers at XKDR Forum. We thank Devendra Damle, Josh Felman, Dr. R. A. Mashelkar, Amey Mashelkar, Megha Patnaik, Arjun Rajagopal, Anjali Sharma and the anonymous referees for their feedback and comments.

Friday, February 28, 2020

Income Tax Scorecard: Can there be a holistic view of the Budget proposals?

by Surya Prakash B S and Kangan Upadhye.

Is it possible to have a unified view of a legislation that pieces together its various provisions? In our paper we present a novel methodology that measures direct tax provisions of the Finance Bill, 2017 (Government of India Budget, 2017) presented by the Union Government of India to the Lok Sabha, against accepted principles of taxation and tax system design.

The Finance Bill seeks to amend many parts of the Income Tax Act and consequently impacts sections of the society differently. Popular media coverage tends to focus on impact on some sectors or a few controversial measures. This is natural given that budget making is a contentious exercise that needs to address concerns from all quarters. Our methodology avoids analysis either from the perspective of the state (revenue mobilisation) or the taxpayers (revenue minimisation). It measures each direct tax provision to see how well they perform against principles of taxation.

Our method consists of a set of “attributes” and “impacts” for which we assign scores. Attributes relate to the objective features of the provisions: we categorise provisions/amendments into compliance, substantive, procedural, exemptions, collection and recovery, anti-avoidance, penal provisions, international taxation and adjudication machinery. A total of 97 provisions in the Finance Bill 2017 are categorised under these attributes.  A single provision could have more than one attribute. For example, the amendments proposed to section 13A which is related to exemption from paying income-tax for political parties, to discourage the cash transactions and to bring transparency about funding political parties is an example of a provision categorised under more than one attribute. It is categorised not only under compliance but also recognised as substantive.

A summary of the above step is depicted below. It can be observed that the Finance Bill, 2017 contained 26 provisions relating to ‘Exemptions’, 22 that were ‘Substantive’ and 21 that made changes to ‘Computation’.




Since the provisions could have various levels of impact, we go on to score them on a seven point scale (-3 to +3) against each of the following seven principles of an ideal tax system design:

  1. Transparency: Whether there have been any prior public consultations.
  2. Simplicity: Whether the provisions makes levy and collection simpler.
  3. Stability: Whether the provisions are prospective or retrospective in nature.
  4. Discretionary power: Whether and to what extent discretionary power of tax officers have been enhanced or decreased.
  5. Tax rates: Whether and by how much have tax rates have been decreased. Lowering tax rates get higher scores.
  6. Tax base: Is the income on which tax is levied increased or decreased. As a principle when more types of income are charged, a higher score is given. As a corollary, exemptions are scored lower.
  7. Number of taxpayers: Provisions that extend the levy to more taxpayers have higher score. If a few of them are exempted it gets a lower score.

The scores are calculated in percentage terms (after converting negative scores to positive for ease of comparison) and the results are as depicted in the figure below.




The provisions in the bill score fairly well on simplicity, stability and discretion parameters with moderate scores on taxpayers, tax base and rates relative to the others. The provisions perform poorly on the transparency parameter.

Our results from the framework do support the popular thinking about the 2017 financial bill the way industry experts and practitioners have interpreted in the budget discourse (Chakrabarti et al. 2017).  For example, the amendment to section 132  which empowers relevant authorities under the Income Tax Act, 1961 to carry out a search or seizure without having to declare reason to believe such person or any authority or appellate tribunal, previously required under section 132 of the Income Tax Act, 1961 (Government of India Budget, 2017).

The earlier provisions empowered authorities to enter and search any building, person if they had a reason to believe that the person had failed to disclose material facts. As critics argue without having a reason to declare for search or seizure this power can be misused to conduct arbitrary investigations leading to harrassments and tax terrorism. This provision was rated low on all the parameters. By adopting such a systematic approach to evaluating tax amendments, this could serve as an evidence informed input to the design of taxes in our budgeting system.

To the best of our knowledge, we have not come across any similar methodology in use in any major economy. The methodology is objective, the impact parameters and the attributes categorised are transparent, and these assumptions can be revised by those that seek to view the results based on alternate views or perform a sensitivity analysis.

We are aware that scores given can be made more accurate through data based post hoc impact assessments. Further research is required on this aspect.
The practical value of the results from our approach are many. It would a) enable us to base the study of the Finance Acts against principles of a good tax system b) provide a comprehensive view of the taxation system rather than a view traditionally restricted to revenue objectives or taxpayer hardship; and c) enable a mapping of the trajectory of tax policy by allowing us to compare across years. It can be viewed as a first step towards making the budget-making process transparent, empirical, and inclusive. The methodology used in this paper can potentially also be used to study other legislation and amendments.



The authors are researchers at Daksh. The authors are thankful to Shreya Rao and Shweta Mallya for their contribution during the conceptualisation phase of this paper. This paper was presented at the APU-NIPFP workshop Strengthening the Republic #1, January 11, 2020.

Wednesday, June 20, 2018

The LTCG tax will increase the cost of investment in India, but not by much

by Gaurav S. Ghosh.

Section 33 is one of the more talked-about provisions of the Finance Act, 2018. This is the section that reintroduces a tax on long-term capital gains (“LTCG”), where the LTCG arises from the transfer of “an equity share in a company or a unit of an equity-oriented fund or a unit of a business unit” (Ministry of Law and Justice, 2018). Under the new law, a tax of ten percent will be liable on all LTCG exceeding INR one lakh, where the LTCG arises from the sale of assets described above held for over a year (Income Tax Department, 2018).

The LTCG tax has come in for scrutiny and criticism in the financial press. Some commentators have predicted negative consequences for small investors (Arora, 2018; Sampath & Thomas, 2018). Others have noted that the tax will lead to double taxation because some securities transactions will bear both the LTCG tax and the already existing securities transaction tax (Sampath & Thomas, 2018; Business Today, 2018). Yet others have pointed out that there is a lack of clarity about the application of the LTCG tax to specific transaction types, including share inheritances, mergers, and initial public offerings (Upadhyay, 2018). The central government has defended the tax by pointing out that it reduces distortions in investment incentives by reducing discrepancies in tax rates across asset classes (The Hindu, 2018; The Telegraph, 2018).

The opinions have been manifold and heterogenous but have been, in the end, no matter how well reasoned, only opinions. There has been a shortage of quantitative economic analysis of the LTCG and its effect on the Indian economy. In this article, we address this gap by presenting our estimates of the impact of the LTCG on the cost of investment in the main sectors of the Indian economy and at the all-India level.

Intuitively, one would expect the LTCG tax to increase the cost of investment since it increases the hurdle rate – the minimum return that an investment project must earn for financial viability – of a project. Consider a simple example where an investment project is financed only by equity and dividends are not distributed. Suppose the investors expect a 7.0 percent post-tax return from the project. Before the LTCG tax, the project would be feasible if it had a pre-tax return of 7.0 percent. Under the LTCG tax, the project feasibility would require a pre-tax return of at least 7.7 percent: 7.0 percent for the investor as capital gains and 0.7 percent for the government as the LTCG tax. The LTCG tax has thus increased the project’s hurdle rate from 7.0 percent to 7.7 percent.

In the example above, the cost of investment increased by the full extent of the LTCG tax. This is not true for a real-world investment whose tax cost is a function of all the taxes associated with the investment, macroeconomic conditions, and the structure of the investment itself. Apart from the LTCG tax, other taxes affecting the investment cost are the corporate income tax and indirect taxes. There are also tax incentives, which may be asset- and sector-specific, that reduce the tax cost of investment. The investment will have a particular distribution of assets – some investments require more transportation assets, others more machinery assets – and this structure too affects the tax cost of investment. This is because each asset has a different tax treatment: if highly taxed assets are a major cost of investment, then the tax cost will be high and vice versa. And macroeconomic conditions like inflation affect the value of benefits like depreciation allowances, and therefore affect the tax cost of investment.

Given the complex relationships that define the tax cost of investment, it is not feasible to predict with certainty what the relationship between the LTCG tax and the cost of investment might be. But two hypotheses might be formulated on the basis of the discussion above. First, the LTCG tax will increase the tax cost of investment; after all, it does increase the cost of project finance. Second, the impact of the LTCG tax will be minor; considering the wide array of factors affecting the tax cost.

Measuring the tax cost of investment requires an adequate modelling framework. The framework should at least have the three following characteristics. First, it should be flexible enough to model the impacts of all taxes and tax incentives on the cost of investment. Second, the model should be well targeted, i.e. it should measure the tax impact on investment, but not non-investment activities. Finally, the model should allow aggregation, such that firm-level data can be used to estimate tax costs at the sectoral or national levels.

One model that meets these criteria is used to measure Marginal Effective Tax Rates (“METRs”). This model uses firm-level and macroeconomic data to estimate the tax wedge on investment, the difference between the pre-tax and post-tax rates of return earned by a marginal investment project. By construction, the METR model only focuses on marginal investment to the exclusion of other aspects of a firm’s business. The METR itself is a function of all taxes and tax incentives levied. These include direct taxes on businesses and investors, indirect taxes on capital purchases, and incentives like accelerated depreciation and tax credits. And the model allows for aggregation from firm-level METRs right up to one national level number.

We have estimated the tax cost of investment using the METR model, which we have developed for India and discussed earlier on this website (see Ghosh & Mintz (2017)). Specifically, we have estimated the tax cost of investment before and after the implementation of the LTCG tax. A comparison of the before and after values provides an estimate of the impact of the LTCG tax on the tax cost of investment.

Figure 1: METRs before and after implementation of the LTCG tax

Source: Own calculations

METRs in the main sectors of the Indian economy and at the overall all-India level are shown in Figure 1. These sectors together comprised 96.5 percent of all investment in the Indian economy in FY2015-16 (Prowess, 2018). Each sector in Figure 1 has three data points. The left-hand column is the METR before the LTCG tax was reinstated, i.e. LTCG tax rate = 0.0 percent. The right-hand column is the METR after the LTCG tax was reinstated, i.e. LTCG tax rate = 10.0 percent. The line shows the change in the METR after the imposition of the LTCG tax.

The results indicate that the LTCG tax has increased the tax cost of investment – as measured by METRs – in all sectors of the Indian economy. The only exception is the agriculture sector, which is the beneficiary of multitudinous direct and indirect tax exceptions. These combine to ensure that the LTCG tax has no effect on the agriculture METR.

Overall, at the all-India level, the METR has increased from a pre-LTCG-tax value of 20.3 percent to a post-LTCG-tax value 21.1 percent: implementing an LTCG tax of 10.0 percent has yielded a 3.9 percent increase in the METR. This is equivalent to an elasticity of 0.03 in the neighbourhood of the LTCG tax rate. One may infer that the METR is barely sensitive to the LTCG tax rate.

The minimal response of the METR to the LTCG tax is confirmed by the result in Figure 2, where a METRs are plotted for a sequence of the LTCG tax rates. Increasing the LTCG rate from zero to 20.0 percent only increases the METR from 20.3 percent to 21.9 percent, an increase of 8.1 percent. The relationship between the LTCG tax and the METR is roughly linear (the relationship is slightly convex, but this is not very evident in Figure 2).

Figure 2: Relationship between the METR and the LTCG tax

Source: Own calculations

Coming back to Figure 1, we see heterogeneity in the METR change at the sectoral level where – not counting agriculture – the change in METRs range from 1.8 percent in the “other” sector to 7.8 percent in manufacturing. The largest [smallest] METR changes are in the sectors with the lowest [highest] METRs. In other words, the LTCG tax has the greatest [smallest] impact on METRs in sectors where investment is least [most] burdened by taxes. The sectors most affected by the LTCG are manufacturing and transportation, which have the lowest METRs. Manufacturing has a low METR because of generous tax depreciation allowances on machinery. The low METRs for the transportation sector depend on firms charging GST under the forward charge mechanism. If the reverse charge mechanism were used, then the METR is much higher because of significant blocked input tax credits. The least affected sectors – “other” and finance” – are also those with the highest METRs. These sectors suffer high METRs because of adverse asset compositions. Overall, it seems that the LTCG tax reduces tax load discrepancies across sectors by a small amount, and thereby contributes marginally to a levelling of the playing field for investment.

In summary, the following can be said about the impact of the LTCG tax on investment incentives in the country. First, the overall relationship between the LTCG tax and the tax cost of investment (as measured by the METR) is positive, but weak. Since the LTCG tax does not change the METR in any significant way, one may infer that it will not affect investment decisions to any significant degree. Second, there is some heterogeneity at the sector level, with sectors with hitherto low METRs worse affected by the LTCG tax change than sectors with high METRs. The LTCG tax therefore makes a (very) small contribution in levelling the playing field for investment. This second result provides weak support for the government’s contention that the LTCG tax will reduce investment distortions (The Telegraph, 2018), although the mechanism differs from that suggested in the referenced article.

Bibliography

Arora, I. (2018, Mar 14). Government receives requests to drop planned long-term capital gains tax.

Business Today. (2018, Feb 05). How LTCG tax affects mutual fund investors.

Ghosh, G., & Mintz, J. (2017, Nov 23). Measuring the pre and post GST tax cost of investment.

Income Tax Department. (2018). Tax on Long-Term Capital Gains, Income Tax Department, Ministry of Finance, New Delhi.

Ministry of Law and Justice. (2018). The Finance Act, 2018 (No. 13 of 2018), Ministry of Law and Justice (Legislative Department), New Delhi.

Prowess. (2018). [cross tabulation of data].

Sampath, A., & Thomas, S. (2018, Feb 09). Long-term capital gains tax on equity: Will it scare away small investors?.

The Hindu. (2018, Feb 06). For more equity: on long-term capital gains tax.

The Telegraph. (2018, Feb 06). LTCG exemption for equities was a risk for small investors, govt says.

Upadhyay, P. (2018, Feb 19). Union budget 2018: Long-term capital gains tax - the unanswered questions.

 

Gaurav S. Ghosh is an economist and Senior Manager at Ernst & Young LLP

Thursday, November 23, 2017

Measuring the pre-and post-GST tax cost of investment

by Gaurav S. Ghosh and Jack Mintz.

The most wide-ranging change to the Indian tax system in decades is the introduction of the goods and service tax (“GST”). But is this tax beneficial or harmful for investors, especially for new investment? Is the GST impact uniform across sectors, or does it favour in some sectors while harming investment in others?

India’s GST reform has integrated state level sales taxes and central excise and service taxes into the GST, which is a centralized value added tax (“VAT”) and enables businesses to claim more refunds of taxes paid on purchases from other businesses. It removes a significant amount of taxes on business inputs that are cascaded into business costs and passed on to consumers or businesses purchasing goods and services from other businesses. Some non-refundability of input taxes remain for exempt sectors such as agriculture, petroleum and alcohol. Generally, though, the Indian VAT reform will result in a signficant reduction in VAT on business input costs as we show below.

We report results from our recent study where we evaluate the cost burden placed by India’s tax code upon potential investors, both before and after the introduction of the GST. We do this by developing an economic model that is calibrated to represent the Indian tax system, and then using this model to simulate GST impacts. The model and its implementation are described below. This is followed by discussion of our results.

The METR model

Our tool for evaluating the impact of the Indian tax system on investment incentives is the Marginal Effective Tax Rate (“METR”), which measures the tax wedge imposed upon investment. The METR is an analytical framework developed in the 1980s to evaluate tax systems in their aggregate and to facilitate cross-country and cross-sectoral comparisons. Seminal METR studies from this era are Auerbach (1983), Boadway et al. (1984) and King & Fullerton (1984). The METR has since been used by academics and governments to evaluate tax competitiveness, gauge the economic impacts of changes to the tax code, and design investment-friendly tax policies. The METR analytical framework is useful because it provides a strong empirical basis to tax policy debates. It has proved itself over the years by being used by policy makers worldwide. Ours is the first in-depth implementation of the METR framework to the Indian economy.

The tax wedge, $\omega$, estimated under the METR framework, is the difference between the pre-tax rate of return earned by a marginal project, $r_g$, and the post-tax rate of return that accrues to the marginal project’s investors, $r_n$. The METR itself is the tax wedge divided by the pre-tax rate of return.

\[ METR = \frac{\omega}{r_g} = \frac{r_g - r_n}{r_g}\]

The sizes of the tax wedge (and the related METR) is affected by direct taxes, sales taxes on capital purchases and other capital-related taxes like stamp duties. The METR also accounts for tax incentives including accelerated depreciation, initial allowances, and tax credits. High METRs imply high tax loads and low returns to investors and vice versa. High METRs therefore indicate that the associated tax systems are less competitive when it comes to attracting capital investment.

Estimating the METR for a marginal project requires the estimation of $r_g$ and $r_n$ for that project. In the METR framework, both variables are functions of a wide array of tax rates and incentives; the functional forms are derived through recourse to standard microeconomic principles and assumptions. We do not provide technical details here. Interested readers can refer to Ghosh & Mintz (2017). We only note that the post-tax rate of return $r_n$ is equal to the inflation-adjusted market interest rate for issuing bonds and equity finance, which is the same across all businesses net of risk. The pre-tax rate of return, $r_g$, is estimated by estimating the user cost of capital model (Jorgenson, 1963) net of depreciation and risk. The Indian tax system therefore affects the estimation of $r_g$ and $r_n$ – and by extension, the estimation of the METR – because of its impact on the real market rate of return and the user cost of capital within the structure of our model.

Aggregation principles

METR estimation requires consideration of the marginal investment that earns a pre-tax rate of return sufficient to cover taxes and the market rate of return. The marginal investment depends on the characteristics of its industry and the choice of production technology. Every sector, in effect, has a multitude of marginal investments varying across characteristics like industry, asset class and financing structure. Each marginal investment has a different METR because it faces a different tax treatment once all relevant taxes, exemptions and their interactions are considered. Debt-financed transportation in the power sector will, for example, have a different METR than equity-financed machinery in the agriculture sector. There are multiple reasons for this: the differential treatment of debt and equity in the Indian tax code where interest payments are deductible, but dividends are not; the different incentives available to investors in the power and agriculture sectors; and the differential tax treatments of asset classes.

Accurate estimation of the METR, whether at the sectoral or all-India level, requires consideration of this heterogeneity across different types of marginal investment. Consistent with the literature (King & Fullerton, 1984; Mintz, et al., 2016), we estimated METRs by using a bottom-up approach.

First, we identified four key tax and economic characteristics of a marginal investment in India. These were sectors, asset types, investment sizes, and whether the marginal firm was paying the corporate income tax (“CIT”) or the minimal alternate tax (“MAT”). Each marginal investment would have some level of each of these characteristics. Second, we identified the number of levels for each characteristic. There were nine sectors, six asset types, two firm sizes and two types of tax payers, as shown in Table 1, leading to 216 unique marginal investments. The identified sectors (except “Others”) were the main investment destinations in India, accounting for 93 percent of investment in 2015 among firms in the Prowess database. The asset types were those identified for differential treatment under the Indian tax code. Firm size was selected on the basis of the investment threshold for initial allowances: these are only allowed for investments exceeding INR 250 million.


Table 1: Characteristics and levels of marginal investments in India
Industry / SectorAsset typeFirm SizeTax payer type
Agriculture, forestry & fishingBuildingsSmall firms, with investment < INR 250 million in 2015 CIT payer
Construction Furniture & fittings
Electricity, steam, gas & AC supply
Finance & insuranceInventory
Information & communication (“Infocom”)LandLarge firms, with investment > INR 250 million in 2015MAT payer
ManufacturingMachinery
Wholesale & retail trade, repair of motor vehicles & motorcyclesTransport
Transportation & storage
Other

Third, METRs were estimated for each of the 216 marginal investment types. This required collection of tax and economic data for each type, and then the incorporation of this data into the formal METR model. Finally, METRs were calculated at different levels of aggregation as weighted averages of subsets of the 216 types. For example, the all-India METR was a weighted average of all 216 METRs, while a sectoral METR was a weighted average of the 24 METRs relevant to that sector. The weights used were the capital shares associated with each marginal investment type. The capital share was the proportion of all new investment capital in a given year that was allocated to a given marginal investment type. The capital share data and certain other data were obtained from the Prowess database. Other data sources were the Indian Income Tax Act, tax guides published by EY and other accounting firms, official Indian government communications, the Thomson Reuters EIKON financial database, and publications by the Central Statistical Office.

Results

Some results from our analysis are presented below. We begin with a comparison of METRs before and after the implementation of the GST, which is shown in Figure 1. We compare METRs both at the all-India level and at the sectoral level. The blue (red) bars represent pre-GST METRs (post-GST METRs).

We see that the GST leads to a fairly large drop in METRs at the all-India level, from 28% to 22%. This is because the GST removes pre-GST blockage of many input tax credits. Many of the blockages arose because different indirect taxes – such as state VAT and central excise and service taxes – could not be set off against each other. Consider the plight of a services firm, which paid state VAT on some inputs, but collected central service tax from its customers. Since state taxes were not creditable against central service taxes they were blocked, leading to tax cascading. Unable to claim credit for state taxes paid, the firm’s input costs would be higher by the amount of the blocked taxes. This higher tax burden would lead to a higher METR. Post-GST, the distinction between central and state taxes vanished and therefore many blockages and cascades also vanished.

Other blockages arose because of exemptions granted under the pre-GST system. It is a common misconception that tax exemptions are business-friendly. Nothing could be further from the truth. Since the exemption recipient does not pay the output tax, it cannot set off its input taxes. All input taxes in exempt sectors are therefore blocked and lead to a higher METR on investment. The GST has retained some previous exemptions, such as in the agriculture sector, but has removed others. This has contributed to the overall drop in the METR.

We also see that METRs are heterogeneous across sectors. Pre-GST, METRs were lower in production-related industries than in service industries. Production sectors may have had lower METRs, but for different reasons. Manufacturing benefited from relatively low central and state indirect tax rates, as well as few input tax credit blockages. This is because most investment in the manufacturing sector is into machinery and equipment (“M&E”), which had relatively favourable tax treatment. Agriculture and electricity, on the other hand, were exempt sectors and therefore had blocked credits. However, these sectors received other benefits from the tax code that, together, brought down their METRs. Agriculture was exempt from the corporate income tax, while electricity benefited from large tax depreciation allowances and (like manufacturing) low indirect tax rates on M&E. The service industries had higher METRs because they faced higher taxes on their inputs as well as greater blockages on input tax credits. The asset mix for the service sectors consisted of comparatively less M&E (with the exception of finance) and more of other assets like land, buildings, transport and inventory. The pre-GST tax treatment of these other assets was relatively less favourable than for M&E.

When comparing pre- and post-GST METRs, two results stand out. First, METRs have reduced for all sectors with the sole exception of electricity (to be explained below). Second, the size of the METR reduction varies across sectors with the reduction being higher in the service sectors than in the production sectors. As a result, although variations in METR persist in the post-GST era, the size of these variations has reduced, with the specific result that the tax competitiveness gap between the production and service sectors has also reduced.

These results can be unpacked. Perhaps the most notable result in the figure above is that the GST raises the METR in the electricity sector, while reducing it in others. Pre-GST, the electricity sector faced two distortions: sector-specific indirect tax incentives and blocked input tax credits. The former was beneficial and the latter harmful from an investment (and METR) perspective. The two distortions cancelled each other out, leading to a relatively low METR of 29%. Post-GST, the beneficial sector-specific incentives were removed while the harmful blockages remained. As a consequence, the METR increased sharply in this sector to 38%. The services sectors benefited more from the GST because they were the ones for whom blocked credits were a greater problem in the pre-GST era. This led to a reduction in the tax competitiveness gap between the services and production sectors.

Summary

The merits and demerits of the GST have been debated vigorously in the press and among the policy community in recent months. We contribute to this debate by presenting the results of the first (to our knowledge) empirical investigation of the impact of the GST on the incentive to invest in India. We find that the GST does improve investment incentives at the all-India level by reducing the marginal effective tax rate or METR from 28% to 22%. This is achieved through a reduction in the blockages of input tax credits across value chains and a reduction in indirect tax exemptions. The all-India METR numbers mask heterogeneity at the sectoral level. Pre-GST, the Indian tax code incentivized investment in production sectors like manufacturing and electricity through lower METRs, while the tax cost of investment was relatively higher in service sectors like transport, information & communications and trade. Post-GST, this pattern of incentives has changed. While METRs for manufacturing remain low, METRs for the power sector have increased significantly. METRs for the service sectors have also come down sharply post-GST. METRs in some service sectors like finance and trade are now roughly equal to that for manufacturing.

In summary, the GST has reduced the overall tax cost of investment in India and reduced investment distortions in the tax code, somewhat levelling the playing field between the production and service sectors as destinations for investment. This is good news, but we caveat it by pointing out that the full potential of the GST as an incentive for investment has not been reached. We have unreported results that show that METRs would come down further – particularly in the electricity sector – if the remaining exemptions were removed.

References

Auerbach, A., (1983), Taxation, corporate financial policy and the cost of capital, Journal of Economic Literature, 21(3), pp. 905-940.

Boadway, R., Bruce, N. & Mintz, J., (1984), Taxation, inflation, and the effective marginal tax rate on capital in Canada, Canadian Journal of Economics, 17(1), pp. 62-79.

Ghosh, G. & Mintz, J., (2017), Investment and the Indian tax regime: Measuring tax impacts on the incentive to invest in India, Bangalore: EY.

Jorgenson, D., (1963), Capital theory and investment behavior, American Economic Review, Volume 53, pp. 247-259.

King, M. & Fullerton, D., (1984), The taxation of income from capital: A comparative study of the Unites States, the United Kingdom, Sweden and West Germany, Chicago: University of Chicago Press.

Mintz, J., Bazel, P. & Chen, D., (2016), Growing the Australian economy with a competitive company tax, Sydney: Minerals Council of Australia.

 

Gaurav S. Ghosh is Senior Manager, Ernst & Young, LLP and Jack Mintz is Palmer Chair in Public Policy and Director, School of Public Policy, University of Calgary.

Thursday, February 09, 2017

Notes on Union Budget 2017-18

by Suyash Rai.

This budget was unique in the scale and intensity of anticipatory anxiety. With prior assumptions about possibilities of policymaking in India unsettled, many were worried about government's next move. Could the government add two-three percentage points to the fiscal deficit to launch a spending spree? Could there be a loan waiver, Universal Basic Income, or Massive tax cuts? It turned out to be a textbook case of workmanlike budget-making - not dazzling, but reasonably prudent. It is heartening to see that our politics can produce this budget in such a situation. One hopes that the government works consistently to reduce policy uncertainty. The budget is a step in that direction.

A budget should be judged primarily on fiscal management, and how it links to larger policy priorities. Each budget tells a story about government's priorities. However, since most of budgeting is not zero-based, important reforms tend to span several budgets. It is important to consider the budget in the context of medium-term fiscal strategy of the government, and the fiscal issues that need to be addressed in medium term. Changes to the systems of raising, allocating and spending resources are also relevant for evaluating a budget. Further, since the budget is made within a fiscal responsibility framework, changes to the framework are also pertinent. Finally, changes to the formats of reporting and accounting are also relevant.

The budget scores reasonably well on fiscal prudence, changes in the reporting formats, and reform of the budget process. It signals good fiscal marksmanship, but we cannot know this for sure until the data on actuals becomes available. As budgets in India go, this is a good housekeeping performance. However, if we take a medium-term perspective, we see that the budget indicates progress on some fronts, but does not do much to address most of the persistent fiscal issues in India. Further, some of the proposals in the Finance Bill raise worries about the future of tax administration.

Reform of reporting formats

This is the first budget without the plan-non plan expenditure distinction. The reporting formats no longer include this distinction. The government has used this opportunity to change the reporting formats. New statements have been added, annexes have been done away with (most of them are included as statements now), some statements have been omitted, and the formats of certain statements have been changed. Here is a summary of the key changes in the reporting format of Volume I (now-called "Expenditure Profile") of the Expenditure Budget:

  • Changes in reported categories of expenditure: at summary level (Statement 1), the expenditure is now disaggregated into six categories:
    1. Establishment expenditures of the Centre: this category includes salaries, medical expenses, wages, allowances, travel expenses, office expenses, training, professional services, rent paid, taxes, pensions, etc. This is expenditure that is incurred for maintaining the administrative entity, as opposed to expenditure incurred on programme and schemes.
    2. Central Sector Schemes: these are schemes for which the central government provides the entire budgetary support, and most of them are implemented by the central government.
    3. Transfers under centrally sponsored schemes: for these schemes, the central government shares the budgetary support with State or Union Territory government (based on a sharing pattern determined by the central government). These schemes are implemented by the State/UT governments.
    4. Other central expenditure: this category includes expenditure on CPSEs and Autonomous Bodies.
    5. Finance Commission Transfers: these are grants given under Article 275(1) of the Constitution to urban and rural local bodies, grant-in-aid to State Disaster Response Funds (SDRF), and post-devolution revenue deficit grant. The revenue deficit grant is meant to cover gap in revenue expenditure after taking into account all the sources of revenue for states. Based on 14th Finance Commission's recommendations, 11 states receive these grants, and about a third of the grant goes to Jammu and Kashmir.
    6. Other transfers (to States): this mainly includes additional central assistance for externally aided projects (given as grants or block loans), and special assistance to states.

    In the summary statement, these six categories replace the categories of "plan", "non-plan" and "central assistance for state/UT plans". Continuing with the previous budgets, the "resources of public enterprises" are also reported. These include internal resources (accruals), bonds/debentures, external commercial borrowings/suppliers credit, and other resources, but do not include budgetary support to these enterprises.

  • Statements based on categories of expenditures: probably the most useful inclusions in the new format are separate statements on centrally sponsored schemes (Statement 4A) and central sector schemes (Statement 4B) under various ministries, as well as a statement summarising the scheme category-wise expenditure for each Ministry (with aggregates given separately for centrally sponsored and central sector schemes). There is also a statement on allocation for important schemes (Statement 4C), which includes the major allocations under all the expenditure categories - this information was earlier scattered across various budget statements. Further, multiple statements (statements 4, 5 and 6) from the old format have been consolidated into one statement on subsidies and subsidy-related schemes (Statement 7).

  • Statements on transfers to States/Union Territories: there is a statement on Transfers to Union Territories with legislatures (Statement 5), whihc includes Ministry/Department-wise information on transfers to these UTs. Earlier, this information was spread across multiple statements. Statement 18 provides information on "Transfer of Resources to States and Union Territories with Legislatures". These statements are consolidated. Earlier, this information was also spread across several statements covering plan and non-plan expenditure/outlay.

  • Statements on public sector enterprises, autonomous bodies, and departmental commercial undertakings: the statements on "Assistance given to Autonomous/grantee bodies", "Resources of Public Enterprises", and "Investment in Public Enterprises" have been retained, as statements 30, 31, and 32, respectively, without change in format. The statement on "Grants-in-aid Salaries", which shows salary grants for autonomous bodies and schemes, has been made into Statement 29. This was an annex in the old format. The statement on departmental commerical undertakings, which was Statement 7 in the old format, is now Statement 8. It gives information on net budgetary support for revenue expenditure in these undertakings, after deducting the receipts of these undertakings.

  • Statements on allocations for certain beneficiaries: These statements mostly remain the same, but some of them have been renamed:
    • The statement on Budget Provisions for Schemes for the Welfare of Children (Statement 22 in the old format) has been renamed "Allocation for the Welfare of Children" (Statement 12 in the new format).
    • The Gender Budget is Statement 13 in the new format.
    • In the old format, Statement 21 and 21A provided information about schemes under scheduled castes sub-plan and tribal sub-plan, respectively. These have been renamed as "Allocation for Welfare of Scheduled Castes" (Statement 10A) and "Allocation for Welfare of Scheduled Tribes" (Statement 10B)
    • Statement on "Budget Allocated by Ministries/Departments for the North Eastern Region" has been renamed "Allocation for the North Eastern Region" (Statement 11).
    • The opportunity of removing plan-non plan distinction should be used to make these statements more comprehensive. Earlier, only plan expenditure towards welfare of these beneficiaries was captured in these statements, and it seems that the same expenditure is being captured in the renamed statements. Even the expenditure that was earlier classified as non-plan had components that benefited these beneficiary groups. Those allocations should also be included in these statements. For instance, the share of subsidies going towards these groups should be included in these statements. A beginning in this regard seems to have been made, as the interest subsidy, which was a non-plan expenditure in the earlier scheme of things, has been included in these statements. It wasn’t included in the statements till last year.
    • Changes in positions of annexes: the new format contains no annexes. Most of the annexes in the older format have now been converted into statements. Annex 1 (Budget provisions by Heads of Accounts) is now Statement 16. Annex 2(Reconciliation between Expenditure shown in Demands for Grants, Annual Financial Statement and Budget Provisions by Heads of Accounts) is now Statement 17. Annex 4 (Contributions to International Bodies) is now Statement 21. Annex 5 (Grants in Aid to Private Institutions/Organisations/Individuals) is now Statement 9. Annex 6 (grants for creation of capital assets) has been slightly modified and is now called "Allocation under the object head Grants for creation of Capital Assets" (Statement 6). It provides information about grants given to state and UT government for creation of capital assets, and goes into calculating the effective revenue deficit (revenue deficit minus these grants). Annex 7 (Estimated strength of Establishment and provisions therefor) is now Statement 22. Annex 7A (Budget Provisions under "Grants-in-aid Salaries") is now Statement 23.
    • Inclusion of statement on "Expenditure charged on the Consolidated Fund of India": a statement on all expenditures charged on the Consolidated Fund has been included. Earlier, this information was not included in the Expenditure Budget, but was provided in the Annual Financial Statement.
    • Inclusion of Railways Statements: Five statements from railway budget have been appended to the volume. These include statements on: Overview of Receipts and Expenditure; Railway Expenditure; Railway Receipts; Investment (Part A: Financials; Part B: Physical Targets); and Railways Reserve Funds.
    • Omissions: the annex on reliefs provided to CPSEs in the form of waiver, write-off, etc (Annex 2A) has been done away with. It used to give this information disaggregated by type of relief and the name of CPSE. The aggregate number is provided in Statement 17 (Reconciliation between Expenditure shown in Demands for Grants, Annual Financial Statement and Budget Provisions by Heads of Accounts). The decision to discontinue the annex may have been taken because this is a relatively small item of expenditure (budget for 2017-18 is Rs. 255 crore), but this is important for accountability for a type of expenditure that may be a sub-optimal use of public funds. In my view, the annex should have been continued as a statement. The annex on trends in expenditure (Annex 3) has also been discontinued. It used to provide ten-year trends for the major categories of expenditure. It was useful information for expenditure analysis. The statement could have been continued without the plan-non plan distinction.

    In my view, the new formats are easier to read and understand. They are more informative. An opportunity that has been missed, and should be considered in subsequent years, is to report consolidated spending on activities, which are spread over various schemes. For example, it will be useful to have a statement that gives information about spending in different areas of activity, such as health, education, skill development. Scheme-wise information is useful, but common citizens will be better able to understand the budget if the information is given in terms of areas of activities. With the removal of plan-non plan distinction this has become easier to do.

Reforms of the budget process

Advancing the budget day and merger of the Railway Budget and Union Budget are significant improvements over practices prevalent earlier. Advancing the budget day would help ensure that implementation of the new schemes can begin as soon as the financial year begins. It gives time to the departments and ministries to prepare for implementation and plan they spending. This is consistent with best practices in other countries.

The practice of presenting the Railway Budget separately was little more than a long-standing legacy. Although it is much bigger than other such enterprises, the Indian Railways is just one of the ten departmentally run commerical undertakings. Now, a single Appropriation Bill, including the estimates of Railways, will be prepared, instead of a separate Bill for Railways. Railways will get exemption from payment of dividend to General Revenues, and its Capital-at-charge would be wiped off. For the rest, things will remain the same. Ministry of Finance will continue to provide Gross Budgetary Support to Ministry of Railways towards meeting part of its capital expenditure, and Railways will continue to raise resources from market through Extra-Budgetary Resources to finance its capital expenditure.

Profile of expenditure and receipts

In 2016-17, government is budgeted to spend Rs. 19.78 lakh crore. Major components of the budget, which comprise about 75 percent of total expenditure budgeted for 2016-17 are (BE: Budget Estimate; RE: Revised Estimate):

Component
Expenditure (2016-1, BE) (in Rs. lakh crore) Share in total (2016-17,BE) (in percent) Expenditure (2016-17, RE) (in Rs. lakh crore) Share in total (2016-17,RE) (in percent) Expenditure (2017-18, BE) (in Rs. lakh crore) Share in total (2017-18,BE) (in percent)
Interest payments
4.93 24.8 4.83 23.98 5.32 24.3
Defence, including defence pensions
3.4 17.2 3.45 17.13 3.6 16.76
Food subsidy
1.34 6.8 1.35 6.7 1.45 6.75
Finance Commission transfers to states and local bodies
1 5.1 0.99 4.9 1.03 4.8
Fertilizer subsidy
0.7 3.5 0.7 3.47 0.7 3.26
Roads and highways
0.58 2.9 0.52 2.6 0.65 3.02
Central armed police forces
0.5 2.5 0.52 2.6 0.55 2.56
Railways
0.45 2.3 0.46 2.29 0.55 2.56
MGNREGS
0.38 1.9 0.47 2.36 0.48 2.24
Petroleum Subsidy
0.29 1.5 0.27 1.37 0.25 1.16
Pensions
0.29 1.47 0.3 1.5 0.32 1.49
National Education Mission
0.27 1.36 0.27 1.34 0.29 1.37
National Health Mission
0.21 1.06 0.23 1.14 0.27 1.26
Pradhan Mantri Awas Yojana
0.20 1.01 0.21 1.04 0.29 1.35
Total Expenditure
19.78 100 20.14 100 21.47 100

For most of these, the revised estimate of expenditure during 2016-17 is quite close to the budgeted expenditure. For roads and highways, the revised estimates are about ten percent lower than the budgeted expenditure. For MGNREGS, the revised estimate is about 23 percent higher than the budgeted expenditure. Being a demand-driven scheme, this is not unusual for MGNREGS.

For 5 of these, the shares in budgeted expenditure for 2017-18 are stable. For defence, fertilizer subsidy, MGNREGS and petroleum subsidy, the share of expenditure is significantly lower. The share is significantly higher for Pradhan Mantri Awas Yojana, National Health Mission, Railways as well as Roads and Highways.

Fiscal marksmanship on expenditure side significantly depends on receipts. If receipts fall short, expenditures are cut or fiscal deficit target is not achieved. In 2016-17, the expenditure is budgeted to be financed by the following receipts (numbers in brackets are percentages of total receipts:

  1. Tax revenues, net of transfers to states: Rs. 10.54 lakh crore (53.31 percent)
  2. Non-tax revenues: Rs. 3.23 lakh crore of (16.34 percent), about two-thirds of which were budgeted to be from proceeds of spectrum auctions, and dividends from PSUs, banks, and the RBI)
  3. Non-debt capital receipts: Rs. 0.67 lakh crore (3.39 percent), which include disinvestments of shares and recovery of loans.
  4. Borrowings from various sources: Rs. 5.33 lakh crore (26.96 percent of expenditure). This is the fiscal deficit, which is budgeted to be 3.54 percent of the estimated GDP for 2016-17.

The revised estimates suggest that the government is likely to collect about 3 percent higher tax revenues than it had budgeted. While the revised estimates of direct tax collections are very close to the budget estimates, those for the indirect tax collections are different. Customs collections are estimated to fall short by 5.6 percent; excise duty collections are estimated to be 21.6 percent higher than budget estimates; and service tax collections 7.1 percent higher. The government may have set a modest target for growth in collection of excise duty, in anticipation of increase in crude oil prices. If crude oil prices had indeed risen sharply, government would have had to cut the excise duty on petroleum products, and that would have led to a smaller increase in collections. Fortunately for the government, this did not happen.

The non-tax revenue collections are estimated to be 3.7 percent higher than budgeted. This is primarily on account of 43 percent higher collection of dividends from CPSEs. This is estimated to more than make up for the shortfall in collections from spectrum auctions and interest receipts. In non-debt capital receipts, while the overall receipts are estimated to be close to the budgeted amount, proceeds from disinvestments are expected to fall short by about 20 percent. So, while a lot is going on in the components, the overall receipts are better than budgeted.

On fiscal marksmanship, three significant caveats are in order. First, the government's reported numbers sometimes turn out to be quite inaccurate. Recently, a CAG audit concluded that the fiscal deficit in 2015-16 was 4.31 percent of GDP, and not 3.9 percent, as was reported by the government. It is a cause for concern that the government's reporting of actuals was off by 0.41 percent of GDP (Rs. 53,146 crore). Second, due to advancement of the budget day, this year's revised estimates were prepared using lesser amount of data on expenditure/receipts, because of which the probability of actual expenditure/receipts being different from revised estimates is higher. Third, due to uncertainty created by demonetisation, it is difficult to make good GDP and revenue estimates for this year. The budget has taken the GDP number from the economic survey, which differs considerably from the advance estimates put out by the CSO in January. Any numbers reported as percentage of GDP are subject to changes in GDP estimates.

Fiscal prudence

According to the revised estimates, the government is expected to achieve its fiscal deficit target (3.5 percent of GDP) for 2016-17, and has set a fiscal deficit target for 2017-18 (3.24 percent) that is close to the roadmap given in the Medium Term Fiscal Policy (MTFP) statement two years ago (3 percent). The fiscal deficit target for 2018-19 and 2019-20 is 3 percent. In a rare instance, government is expected to do better than its target for revenue deficit (difference between revenue expenditure and revenue receipts). The target was set at 2.3 percent of GDP, but the revised estimates suggest that the revenue deficit this year will be 2.1 percent. This is because of higher tax and non-tax revenue collections, while the revenue expenditure is estimated to be along the budgeted lines. For 2017-18, the target is set at 1.9 percent, which is slightly higher than 1.8 percent target laid down in last year's MTFP statement. The primary deficit (fiscal deficit minus interest payments - shows whether we are borrowing to pay interest on borrowings) is estimated to be the same as budgeted (0.3 percent of GDP), and is budgeted at 0.1 percent in 2017-18.

The GDP estimates suggest that government expenditure is the main driver of growth in 2016-17, while growth in other types of expenditure is likely to be sluggish (private investment is estimated to fall). The strategy of using public investment to crowd in private investment was launched about two years ago, and it seems to have yielded underwhelming results. Perhaps the government did not consider it wise to continue down this path for more time, and is now keen to use other instruments to encourage private investments. It will have to undertake a sustained reform programme to boost private investments in the next few years.

There are several pathways to fiscal consolidation. Fiscal consolidation may involve a combination of: cutting expenditure, increasing tax revenues, increasing non-debt capital receipts (especially disinvestment and privatisation), and raising non-tax revenues (especially through user charges). The fiscal consolidation budgeted for 2017-18 is 0.3 percent of the GDP projected for the year, or about 0.5 lakh crore. How is this being achieved?

On the receipts side, the budgeted increases in net tax and disinvestment receipts are far smaller than the budgeted fall in non-tax revenues. Non-tax revenues are budgeted to fall because of lower collections from spectrum sale, and because Railways is no longer required to pay interest to government (since the budgets have been merged). So, in 2017-18, the receipts (excluding borrowings) are budgeted to be 9.5 percent of GDP - lower than they were in 2016-17 (9.82 percent). With these budgeted receipts, if expenditure grows at the rate at which GDP is projected to grow, the fiscal deficit in 2017-18 would be about 3.9 percent.

The government has bet on cuts in expenditure to achieve fiscal consolidation. This means that central government expenditure, as a percentage of GDP, is budgeted to shrink from 13.3 percent in 2016-17 (revised estimate) to 12.7 percent (budget estimate). Some of the areas where expenditure, in terms of percentage of GDP, has been cut are: defence (0.15), MGNREGS (0.04), fertilizer subsidy (0.04), food subsidy (0.04), petroleum subsidy (0.03), agriculture (0.02), and Pradhan Mantri Gram Sadak Yojana (0.02).

If most of these cuts were coming from expenditure reforms that improve efficiency of expenditure, i.e. get the same or better outcomes for smaller expenditure, they would hurt less. However, it is not clear if that is the case. Moreover, there is no significant change in the budgeted revenue-capital ratio of expenditure (from 86.1:13.9 to 85.6:14.4).

Since the economy seems to be in doldrums, a less contractionary consolidation pathway would have been more appropriate. The strategy should have comprised of substantive subsidy reforms (discussed later), an aggressive privatisation/disinvestment programme, raising non-tax revenues through user charges, and, to a lesser extent, other expenditure cuts. The budget targets for disinvestment are aggressive, but the targets for privatisation are lower than they were in 2016-17. This year, the government should have built the systems and processes for privatisation transactions, and reaped much higher receipts in 2017-18.

The deficit targets for 2017-18 must be considered in the context of fiscal uncertainties. The uncertainties of GST rollout, consequences of demonetisation, and external circumstances make it difficult to project macro indicators for 2017-18, and to achieve the targets. Government may need to review its strategy during the course of the year.

In summary, while the deficit targets are prudent, the strategy for achieving them seems sub-optimal, and due to uncertainties, it will take considerable dexterity to achieve them.

Medium-term fiscal issues

Much has been written about the specific expenditure decisions in this budget. Except in a few areas, there is not much change in allocations this year. There are certain fiscal issues that need to be addressed in medium to long-term. Let us consider some of them and what this recent budgets has done about them:

  1. Declining share of capital expenditure in defence budget: a problematic trend in defence expenditure in India has been the declining share of capital expenditure. Capital expenditur is incurred on building the "material" component of India's defence capabilites. The share of "Capital Outlay" in the total defence budget has fallen from about 33 percent in 2006-07 to 20.8 percent in 2016-17 (RE). This year also seems to have followed the trend, and the share fell from 24.36 percent in 2015-16. The FM has announced a 20.6 percent increase in 2017-18 over revised estimates for 2016-17, to take the share of capital outlay to 24.03 percent. However, about half of this increase is because capital outlays on "research and development" and "Defence Ordinance Factories" have been moved from the demand titled "Ministry of Defence (Misc)" to the demand titled "capital outlay on defence services". Without these, the increase in capital outlay is just 9 percent, which is quite normal, and would take the share of capital outlay to 21.7 percent of the total defence budget. A problem in recent years has been that capital outlays have only been partially utilised, and a significant part of the allocation lapses.

    The One-Rank-One-Pension (OROP) decision has exacerbated the trend towards more revenue expenditure. The decision is quite consequential, and in my view, it was not a wise decision from a public finance and pension policy perspective. It increased the pension outlay, and because of the way it is designed, it has also introduced considerable uncertainty in budgeting for pensions (see my column on some of the problems with the OROP decision).

    Most of the modern restructuring of defence organisations in other countries has focused on trimming the forces of personnel, while building up and modernising the weapon system. China has reportedly completed an exercise that left its armed forces with 300,000 fewer personnel. The expenditure pattern in India may point at larger problems of procurement systems, policy priorities, and even our grand strategy. Since more than 70 percent of revenue expenditure in defence is incurred on pensions, pay and allowances, changing the pattern of expenditure will require some difficult strategic decisions that will have human resource consequences, which no government appears keen to take.
  2. Poor outcomes of social sector schemes and the shrinking role of central government: Since the 14th Finance Commission recommended sharp increase in sharing of central taxes with states, the allocations to several schemes had to be cut. Also, the sharing patterns for centrally sponsored has been changed to reduce central government’s share in expenditure on these schemes. The role that the central government plays in designing the schemes now appears anachronous.

    The biggest challenge across social sector schemes has been: how to shift away from a focus on inputs, and (to a lesser extent) outputs, and focus on achieving outcomes. Take the example of school education. While we have done reasonable progress on improving inputs (building schools, hiring teachers, etc) and outputs (enrolments, access to schools, etc), India's performance on learning outcomes, as measured through learning tests, has been abysmal. In school education, central government spends just about 15 percent of the total expenditure (with sub-national government putting in the rest). It is now a marginal player in financing the sector, but continues to occupy the commanding heights on scheme planning and design. The challenge of improving outcomes varies from one context to another. Central government will need to rethink the way it uses its funds to drive change towards better outcome. States need to be given much more flexibility to innovate than they presently enjoy in practice.

    Although the FM did touch upon the issue of outcomes in education, a concrete proposal has not been forthcoming. This is the situation across various social sector schemes. Government seems intent on continuing with the set ways, without doing the needful to reorient the programmes towards achieving outcomes. Each sector poses its own unique challenges, and will have to find innovative ways to deal with this challenge.
  3. Distortions in major subsidies: In 2004-05, subsidies were 12.56 percent of non-plan expenditure, and 9.22 percent of total expenditure. In 2013-14, subsidies were 23 percent of non-plan expenditure and 16.3 percent of total expenditure. In last three years, there has been some decline in the share of subsidies in expenditure (estimated to be 12.9 percent in 2016-17). This is mainly because of the favorable effect of benign crude oil prices, and savings from the direct benefit transfer programme. However, most of the substantive issues of subsidy reform remain. Let us consider the top three subsidies.

    Food subsidy:Food subsidy is the difference between the economic cost of food grains and the price that government charges for them. Economic cost includes the cost of procurement, transportation, storage, etc. Till 2001-02, the issue price at which food grains were sold to those above the poverty line was close to the economic cost. The price for households below the poverty line was about half of the economic costs, and Antyodaya households (poorest of the poor) were charged a nominal price (less than a quarter of the economic cost). Since then, the subsidy regime has changed. In 2002-2003, the price for grains supplied to households above the poverty line was reduced (from Rs. 8 to Rs. 6.1 per kg for wheat; from Rs. 11 to Rs. 7.95 per kg for common paddy), while prices for Antyodaya and below poverty line households were not changed. The prices for all categories of beneficiaries have remained the same since then. In these 15 years, the economic cost for wheat has increased by 163 percent, and for common paddy by 190 percent. This has led to a massive increase in food subsidy bill. The Food Security Act had frozen the issue price for food grains for certain beneficiaries for three years, but that window is now open. It is time the government reviewed the rationale for keeping issue prices frozen for so long. Subsidy should ideally be set as a percentage of economic cost, and therefore, the price should be revised annually to track the economic cost. At the same time, reforms should be undertaken to improve efficiency to keep economic costs in check.

    Fertilizer subsidy: since 2010, the gap between the subsidy for urea and that for other fertilizers has widened significantly. This is because urea was not included in the nutriend-based subsidy scheme that started in 2010. There is evidence to suggest that this distortion has led to excessive use of urea, which has hurt the nutrient balance of fertilizers being used. The proportion of nutrients in actual usage is now far from the ideal proportion (see Chapter 2 of the Economic Survey, 2013-14 for a discussion on this issue). Further, the subsidy regime in urea does not discourage inefficiency, as the subsidy amount varies from one manufacturer to another. These and other problems need to be addressed to develop a reasonable fertilizer subsidy regime. Many people have proposed good ideas, such as bringing urea into the nutrient-based subsidy regime, increasing the price of urea, moving towards direct transfer of subsidy, changing the urea subsidy regime to encourage efficiency, and so on.

    LPG subsidy: Although the direct benefit transfer programme is reported to have reduced the leakages from this scheme, the substantive issue of the reducing the amount of subsidised LPG sremains. There is significant evidence to show that most of the LPG subsidy goes to the non-poor. The poor use smaller amount of subsidised LPG, and therefore avail of smaller share of subsidy. Therefore, this is appropriately called a "middle class subsidy". The government had tried introducing a cap of 6 subsidised cylinders (about 85 kg of LPG) per annum, but this was later withdrawn, and the cap of 12 subsidised cylinders was restored. A good step taken last year was that the government has capped the per kg subsidy at a nominal amount, and over time, if this cap is not raised, the subsidy's salience will fall automatically. Government has also taken steps to expand access of LPG to poor households. Now, the government should consider reducing the cap of subsidised cylinders to 6 or 8.
  4. Freeing up resources locked up in low-priority public sector enterprises: According to the public enterprise survey conducted by the Department of Public Enterprises, there are 298 Central Public Sector Enterprises - 235 active and 63 yet to commence commercial operations (as on March 31, 2015). A larger number of these are in sectors where there is a vibrant private sector, and there is no longer a need for public sector enterprises. However, the agenda of privatising public enterprises has been on the back burner since 2003, and the pace at which sick CPSEs are being closed is very slow. Although shares have been regularly disinvested, there have been no exits from enterprises in almost 14 years. This has meant that a large amount of resources, especially capital and land, are locked up in enterprises that should not be in the public sector at all. These resources could be freed up and deployed in higher priority areas. In each budget, a few thousand crores are allocated for these enterprises, and this money could also be used elsewhere. This is an unfinished agenda of the old industrial policy in India, and it also points at a significant allocative efficiency problem in India's fiscal management.

    In the budget speech of 2016-17, the FM had announced a plan for strategic disinvestment (aka privatisation) from certain CPSEs, and set a target of Rs. 20,500 crore. The revised estimates suggest that while the government is likely to overshoot the target for disinvestment by about 11 percent, it will fall short of the strategic disinvestment by almost 75 percent. The target for strategic disinvestment proceeds in 2017-18 has been set at Rs. 15,000 crore. This year, Government also plans to list certain insurance companies, and collect Rs. 11,000 crore from the listing. Further, it has announced "a revised mechanism and procedure to ensure time bound listing of identified CPSEs on stock exchanges". These are steps in the right direction. The system of disinvestment is a well-oiled machinery. However, there is a need to expedite the agenda of closing sick and lossmaking CPSEs, and privatising CPSEs that are in sectors where government ownership is not justified.
  5. Over-reliance on petroleum products for collection of indirect taxes: in 2015-16, about 68 percent of total collection of excise duty was from petroleum products. This was about 27 percent of total indirect tax collection. In 2013-14, these were 55 percent and 19 percent, respectively. Since the last round of increases in duties on petroleum products happened in late 2015-16, the contribution of petroleum products is likely to have increased in 2016-17. Since the budget seems to have largely postponed the indirect tax decisions, one can only hope that the GST rollout will be such that this risky fiscal strategy of relying on a small number of commodities for so much of tax collection is discontinued, and we are able to build a broad tax base.
  6. Shrinking sharable pool: States get a share of the central government's tax collection, based on Finance Commission recommendation. This is a share of the sharable pool, which is gross tax revenue minus cesses and surcharges. Between 2011-12 and 2015-16, the sharable pool as a percentage of the Gross Tax Revenues shrunk from 89.8 percent to 82.8 percent. As cesses and surcharges came to comprise a larger portion of tax collections, the amount States received as devolution from the centre was lower than it would have been otherwise. To consider a counterfactual, had the portion of sharable pool in 2015-16 remained the same as it was 2011-12, States would have received Rs. 42 thousand crore more in devolution from the Centre in 2015-16. It is too early to say, but this trend may be halting. In 2016-17 (revised estimate) and 2017-18 (budget estimate), sharable pool as percentage of gross tax collection is expected to be 83.1 percent and 84 percent, respectively. Hopefully, with GST, the cesses and surcharges will become less prominent.
  7. Medium-term approach in budgeting: the Planning Commission used to make the five-year plans, which used to be the anchors for budgeting decisions regarding a number of areas of expenditure. This brought a medium-term perspective to budgeting. The process had its flaws, and its excesses have fueled urban legends in central Delhi. For better or for worse, the system has been dismantled. The twelfth and last five-year plan ran its course from 2012 to 2017. What we have now is the absence of any clear, publicly available medium-term perspective in budgeting. This has consequences for fiscal management, as many important priorities need to be pursued over the medium-term. Although there are talks about NITI Aayog coming up with Vision and Strategy documents, so far, there is no indication of the government moving towards a formal and comprehensive medium-term fiscal management framework.

    The FRBM-mandated Medium Term Fiscal Policy Statement serves only as a basic ingredient for fiscal discipline over medium-term. It includes top-down estimates. Since we no longer have any other medium-term anchor for budgeting, it is important for India to move towards a medium-term budget framework, which would help the government make better forward estimates and think about strategies across areas of expenditure, so that annual budgetary decisions for various schemes and programmes can be reconciled with the medium-term framework. This would require combining a top-down approach and a ground-up, negotiated approach to medium-term fiscal management.

Concerns about tax administration

The Finance Bill proposes certain amendments to the Income Tax Act to change the powers that tax authorities enjoy:

  • Under Section 132(1), the tax authorities have the power to conduct search and seizure, if they have reason to believe that the person has not disclosed the information asked for, is not likely be submit the required information, or is in possession of valuables that may have been accumulated from income on which tax was not paid. The proposed amendment says that the "reason to believe" need not be disclosed to anyone, including to any authority of Appellate Tribunal. This amendment is proposed to take effect retrospectively from April 1, 1962, which is the date when the original provision was enacted.
  • Section 132(1)(A) empowers the authorities to expand the search and seizure to include locations that are not included in the authorisation for search and seizure, as long as they have reason to suspect that this would yield useful information. This section is also being sought to be amended to include an explanation that the "reason to suspect" will not be disclosed to anyone, including to any authority of Appellate Tribunal. This amendment is proposed to take effect retrospectively from October 1, 1975, which is the date when the original provision was enacted.
  • Section 132 is also proposed to be amended to insert sub-sections that will give powers to the authorised officer conducting search and seizure to provisionally attach, for a period of up to six months, property that they find during the course of a search and seizure. This would be done with the prior approval of of senior officers.
  • Section 133 empowers income-tax authorities to call for information for the purpose of any inquiry or proceeding under the Income Tax Act. At present, if there is no proceeding pending against a person, this power can only be exercised by senior officers above a certain rank. This section is being sought to be amended to give this power to junior-ranking officers as well.
  • Section 133A empowers income-tax authority to conduct a survey at a place where a business or profession is carried on or a place where documents or property relating to the business or profession are kept. This section is proposed to be amended to include places of charitable activities as well.
  • Section 133C empowers certain income tax authorities to issue notice calling for information and documents for verification of information in its possession. The proposed amendment would empower the Central Board of Direct Taxes to make a scheme for centralised issuance of these notices.

The amendment to 133C is potentially an improvement, as it might reduce arbitrariness in the issuing of notices. However, the other amendments mentioned above may have unintended negative consequences. There may be arguments in favour of these amendments. For example, it would be easier to protect the identity of whistleblowers if reasons to suspect are not disclosed. Provisional attachment during search and seizure could make it easier for tax authorities to extract revenues from tax evaders. However, the powers being given through these amendments can also be misued to conduct arbitrary searches and seizures, provisionally attach properties, and disrupt people’s lives and businesses, all without having to explain the reasons behind the entire process. Important checks and balances are being proposed to be diluted.

These amendments can be seen in the context of the 25 percent increase targeted for personal income tax collection in 2017-18. Government has proposed changes to tax rates that would lead to Rs. 15,500 crore lower personal income tax collection. Accounting for this, the targeted increase in income tax collection is about 29.2 percent. Between 2010-11 and 2015-16, the average rate of growth in income tax collection was about 15 percent. In 2016-17, because of the one-time collection under the income disclosure scheme, the rate of increase is estimated to be 23.35 percent. An increase of, say, 15 percent can be considered to be normal, and the additional 14.2 percent (about Rs. 50,000 crore) would have to be mobilised through special measures. Given the state of the economy, the only way to get a 29.2 percent increase is to expand the tax base by getting more people to pay taxes, and by making further demands from those who may be under-paying the taxes.

As the Economic Survey, 2015-16 (see page 109 onwards), pointed out, given our level of economic development, India's income tax collection compares favorably with other countries. In fact, the Survey found that income tax collection is significantly better than expected at our level of economic development. For example, India's income tax to GDP ratio is 2.1 percent, while the ratio for Brazil is 2.3 percent. To account for the theory that democracies tend to tax and spend more, the Survey controled for democracy as a variable, and the finding on personal income tax holds, albeit the overall tax to GDP ratio is lower than it should be. While the percentage individuals paying taxes is much smaller than expected, the amount of personal income tax collected is actually better than one would expect at this per capita income. This mismatch between satisfactory income tax collection and low number of income tax payers may be because income is concentrated in a smaller number of individuals, but this requires further research.

There is tax evasion and tax avoidance, but there may not be enough "low hanging fruits" that can be plucked to yield Rs. 50,000 crore of additional income tax collection over and above the normal increase in collections. The important issue is that expanding fiscal capacity is a long-term task that requires building capabilites in the tax administration, while upholding the rule of law and the basic principles of government accountability. In a context where income tax collections are good for the level of development, a target to deliver a huge increase in collections, may tempt the tax administration to use their expanded powers to take draconian measures to extract taxes. In the process, innocent people will get hurt. For example, the tax administration would cast a much wider net to go after those who deposited cash after demonetisation than they would normally have. This is not a good way to build fiscal capacity. Rule of law and accountability of government are as important, if not more important, than collecting more income tax.

Conclusion

This reading of the budget suggests that while the budget has got the basic housekeeping of fiscal management right, it is a middling performance on addressing important fiscal issues that need to be addressed in medium term. Further, the pathway chosen for fiscal consolidation, although not necessarily bad, is sub-optimal because of the state of the economy. Finally, the amendments to the Income Tax Act proposed in the Finance Bill should be reconsidered, because they may harm basic principles of rule of law and government accountability.

 

The author is a researcher at National Institute of Public Finance and Policy. Views expressed here are personal.