PRINCIPLES OF TAXATION LAW MIAN ALI HAIDER LL.B., LL.M( Cum Laude ) (UK)

1. PRINCIPLES OF TAXATION LAW MIAN ALI HAIDER LL.B., LL.M(Cum Laude) (UK)

2. Public Revenues In general, public revenue may be considered to include anyrevenue flowing to the public budgets. Among those publicbudgets there may be budgets of governments, lower regionaladministration units (districts and municipalities), parafiscal fundsand also budgets of health insurance funds. The most substantial item on the revenue side of public budgets aretaxes. It furthercontains non-tax public revenue (interest revenue, fees and fines, and revenue from sellingand renting out state ormunicipal property).

3. A tax is a payment in money required by a government that is unrelated to any specific benefit or service received from the government.

4. Other definition… A tax is … a financial, mandatory, nonequivalent, non-specific charge or other levy imposed on a taxpayer by a state. The tax is implemented by law. The failure to pay taxes is punishable by law. The taxes can be paid regularly or occasionally based on certain conditions stipulated by the tax legislation.

5. The three criteria necessary to be a tax are • the payment is required (by the law) • free rider theorem of public goods • imposed by a government • not tied directly to the benefit received by the taxpayer.

6. Sources of finance • Tax = MAIN SOURCE • User charges • Prices charged for the delivery of certain public goods and services • Examples: Toll roads, Infra structures etc. • Administrative fees • Definition of service/benefit is broad & imprecise • Examples: TV licences, parking tickets • Borrowing

7. The Main Issues of Tax Theory There are two main issues related to tax theory: • Normative: How to design taxes to promote social welfarein terms of the public interest in efficiency and equity • Positive: The economic effects of the various taxes thatgovernments use • What effects do taxes have on people’s desiresto consume, save, supply their labor, or on firms’ desire to invest? • Who bears the burden of various taxes? • Public officials need to be able to answer these questions to design taxes that promote social welfare

8. Tax Principles Economists believe that any broad-based tax should possess five characteristics: • Ease of collection • Ease of compliance • Flexibility • Promotion of economic efficiency • Promotion of end-results equity

9. Tax Principles • Ease of Collection and • Ease of Compliance • To successfully implement a tax policy, it is necessary to incur the costs associated with administering and enforcing it • Given that society must incur these costs, it wants to get the most possible revenue at the least possible cost • Requires that individuals be able to calculate tax bills fairly easily and that it be difficult for individuals to hide information on taxable assets

10. Tax Principles (3) Flexibility • Tax policy is a primary tool of macroeconomic policy (i.e. economic stabilization) • To be able to respond quickly to address potential difficulties in the economy, tax authorities must be able to change tax liabilities easily and quickly and those changes must quickly be felt throughout the economy

11. Tax Principles (4) Economic Efficiency • Individuals must face same prices for economy to reach Pareto-optimal outcome - Broad-based taxes are distorting (i.e. drive wedge between price paid by consumer and prices kept by firms) so they violate this property • The goal then is to design a tax that introduces the least distortion and keeps society as close to the Pareto-optimal outcome as possible (5) End-Results Equity - Tax policy is designed to work with redistribution programs to achieve this goal

12. Six Main Taxes (1) • A personal income tax • Tax on income received by individuals • Typically collected from firms who withhold pay • Tax liability calculated once a year and refund or extra payment made depending on whether enough was withheld (2) A payroll tax • Tax levied on the wage and salary component of income • Half tax collected from employers / half from workers • Earmarked for Social Security in US (3) A corporate income tax • Tax levied on accounting profits of corporations

13. Six Main Taxes (2) (4) An excise tax • Tax on the sale of a single product (e.g. gasoline, alcohol, cigarettes) • Designed to reduce consumption of good (5) A property tax • Tax on value of items of wealth – usually residential, commercial and industrial properties • Levied on owner of property • Value assessed periodically by tax authorities (6) A value-added tax • Tax on value added of firms (which is the difference between sales revenue and input purchases) • Levied on firms

14. The Six Main Taxes (3) Use of the six main taxes • Governments of different countries also use personal and corporate income taxes, payroll taxes (to support social security payments) and property taxes • They levy a value-addedtax on businesses • Recently, advocates have argued for a personal consumption tax rather than a personal income tax → Biggest difference is that it would allow individuals to subtract saving from income before calculating tax bill (because consumption = income - saving)

15. The Ability-to-Pay Principle • Dates from Adam Smith and John Stuart Mill in late 1700s and early 1800s • Holds that people must be willing to sacrifice for the public good • Gave rise to view of taxes as necessary evil • Key question: How to determine what people should sacrifice? • Two potential approaches based on ability to pay • Horizontal Equity: Two people deemed equal in every relevant economic dimension should pay same tax • Vertical Equity: It is permissible to tax unequals unequally

16. The Ability-to-Pay Principle continued • Both principles raise important and difficult questions • In what sense are people to be deemed to be equal or unequal? • How unequally can unequal be taxed? • The issue of horizontal equity is the quest for the ideal tax base (i.e. the item to be taxed) • People with identical tax bases will pay identical tax bill • The issue of vertical equity is the quest for the ideal tax structure, as defined by chosen tax rates and deductions • Differences in chosen tax rates and deductions make it so that different people pay different tax bills

17. Horizontal Equity: The Ideal Tax Base(OPTIONAL) • Robert Haig (1921) and Herbert Simons (1938) proposed a method of thinking about optimal tax base that relied on three principles: • People ultimately bear the burden of taxation (2) People sacrifice utility when they bear the burden of taxation Horizontal equity: Two people with equal utility before tax should have equal utility after tax Vertical equity: If person has more utility than another before tax they should also have more after tax • The ideal tax base is the best surrogate measure of utility • Because utility cannot be measured, society must rely on something else, which should be best surrogate

18. Horizontal Equity: The Ideal Tax Base Continued (OPTIONAL) Haig–Simons income • Argues that the best surrogate for utility is the increase in purchasing power during the year YHS = consumption + change in net worth = C + ∆NW • Concludes that people with the same YHS should be considered equals and should pay the same tax because they will sacrifice the same utility • Once YHS is accepted as ideal tax base it implies that the optimal tax structure is the broadest possible personal income tax → This requirement is never met in practice

19. Under the Haig–Simons definition of income, there are a number of distinctions that should not matter (but usually do) Factors that should be treated the same, but usually are not Horizontal Equity: The Ideal Tax Base Continued (OPTIONAL)

20. Horizontal Equity: The Ideal Tax Base Continued (OPTIONAL) • These differences usually exist because policymakers often use tax policy to try to promote social ends which might run counter to the concept of horizontal equity • Business expenses should be excluded because they subtract from purchasing power out of income • Calculation of YHS must be indexed to inflation because increasing prices reduces purchasing power • Conclusion: Combined, these facts suggest that the ideal tax base is (YHS - business expenses), indexed for inflation

21. Horizontal Equity: The Ideal Tax Base Continued (OPTIONAL) Haig-Simons income and utility • Is this a good surrogate measure of utility? Almost certainly not! • Whether income is good measure of utility depends on whether people are identical • People receive utility from income and leisure • Income comes from work and leisure comes from not working • If every person has same preference for income and leisure and same opportunities (i.e. same wage) they will choose same point and have same utility • In such a case, income would be a good surrogate for utility

22. Horizontal Equity: The Ideal Tax Base Continued (OPTIONAL) • But people do not have identical tastes and opportunities • Suppose people earn different wages • Person with higher wage can receive higher utility with same income by taking more utility (i.e. can earn same income with fewer hours work) • Suppose people have different tastes • Person with stronger preference for consumption works more and earns more income but both are on second indifference curve which represents same utility

23. Horizontal Equity: The Ideal Tax Base Continued (OPTIONAL) Consumption as the ideal tax base • Recognizes that consumption is not a perfect surrogate measure of utility but is likely better than income • Consumption most directly generates utility • Consumption changes over time are more directly tied to utility changes over time than are income changes over time - Implication is that to meet the concept of horizontal equity, two people with equal lifetime consumption before tax should have equal lifetime consumption after tax

24. Horizontal Equity: The Ideal Tax Base Continued (OPTIONAL) • This suggests that tax should be annual tax on consumption rather than annual tax on income • Two people with same lifetime income might have very different lifetime consumption due to differences in annual consumption/savings decisions • Note that it would be possible to design an annual income tax that would be equivalent to an annual consumption tax • Would require allowing people to subtract saving from income, which would actually make it a consumption tax

25. Horizontal Equity: The Ideal Tax Base (OBLIGATORY) Musgrave’s view of horizontal equity • Argues that questioning whether income or consumption tax is better is the wrong question • Instead, believes that horizontal equity should only consider whether taxes discriminated against people in inappropriate ways • Either income or consumption tax is appropriate surrogate for utility so long as people are not treated differently based on gender, race, religion, etc. • Society should just accept one type of tax and then worry more about the specific tax structure (i.e. vertical equity)

26. Vertical Equity • This is the quest for distributive justice, which generates heated debate without a satisfactory conclusion • Key question: Should tax structure be progressive, proportional, or regressive • Let YhHS and Th be individual h’s income and tax burdens → If Th/ YhHS increases as YhHS increases, tax is progressive → If Th/ YhHS is constant as YhHS increases, tax is proportional → If Th/ YhHS decreases as YhHS increases, tax is regressive - Societies tend to have a strong preference for proportional or progressive taxes

27. Progressive, Proportional, and Regressive Taxes • Proportional tax • Percentage of taxpayers income • Progressive tax • Larger percentage of income as income rises • Regressive tax • Smaller percentage of income as income rises

28. Tax Incidence • Two main concepts of how a tax is distributed: • Statutory incidence – who is legally responsible for tax • Economic incidence – the true change in the distribution of income induced by tax. • These two concepts differ because of tax shifting.

29. Tax Incidence: General Remarks • Only people can bear taxes • Business paying their fair share simply shifts the tax burden to different people • Can study people whose total income consists of different proportions of labor earnings, capital income, and so on. • Sometimes appropriate to study incidence of a tax across regions.

30. Tax Incidence: General Remarks • Both Sources and Uses of Income should be considered • Tax affects consumers, workers in industry, and owners • Economists often ignore the sources side

31. Tax Incidence: General Remarks • Incidence depends on how prices are determined • Industry structure matters • Short- versus long-run responses

32. Tax Incidence: General Remarks • Incidence depends on disposition of tax revenue • Balanced budget incidence computes the combined effects of levying taxes and government spending financed by those taxes. • Differential tax incidence compares the incidence of one tax to another, ignoring how the money is spent. • Often the comparison tax is a lump sum tax – a tax that does not depend on a person’s behavior.

33. Tax Incidence: General Remarks • Tax progressiveness can be measured in a number of ways • A tax is often classified as: • Progressive • Regressive • Proportional • Proportional taxes are straightforward: ratio of taxes to income is constant regardless of income level.

34. Tax Incidence: General Remarks • Can define progressive (and regressive) taxes in a number of ways. • Can compute in terms of • Average tax rate (ratio of total taxes total income) or • Marginal tax rate (tax rate on last dollar of income)

35. Partial Equilibrium Models Partial equilibrium models only examine the market in which the tax is imposed, and ignores other markets. Most appropriate when the taxed commodity is small relative to the economy as a whole.

36. Partial Equilibrium Models:Ad-valorem Tax An ad-valorem tax is a tax with a rate given in proportion to the price. A good example is the sales tax. Graphical analysis is fairly similar to the case we had before. Instead of moving the demand curve down by the same absolute amount for each quantity, move it down by the same proportion.

37. CONCLUSION