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Tax assignment rules and fiscal transfers

In general, there are two main categories of current revenue for local government authorities (LGAs) in Africa: (i) ‘own revenue’, which includes taxes, user fees, and various licences (Bahl and Bird 2008), and (ii) transfers from the central or regional levels, usually in the form of grants and revenue sharing (Bahl et al. 2003: 71). In some countries municipalities are given the right to borrow to finance investments in local capital infrastructure (Yatta and Vaillancourt 2010: 42; Bahl and Smoke 2003: 8).2

Although other revenue sources may exist at sub-national levels, these are not covered by this study.

For instance, external financial contributions provide considerable funding to the constituencies at village and local level in some countries. These sources are dominated by aid projects or programmes funded by a mix of international non-governmental organisations, bilateral and multilateral donors (Yatta and Vaillancourt 2010; Fjeldstad 2001). Often, the local government has little or no knowledge of such projects both in terms of planning and execution phases. In many rural areas, various forms of self-help activities contribute to the maintenance of public services such as village roads, primary schools and health facilities. Although data on the extent of self-help activities is not available, studies from Tanzania in the 1990s indicate that these contributions are significant (Cooksey and Mmuya 1997; Semboja and Therkildsen 1995). Recently, constituency development funds and social action funds, operating outside the local government budgets, have become important funding sources of social and economic development projects at the local level in some countries, for instance, in Ghana, Kenya, Malawi, Tanzania, and Uganda (Baskin 2010).

This section briefly reviews some general principles for revenue assignment between different levels of government, and discusses challenges to securing fiscal responsibility at sub-national levels with respect to intergovernmental transfer systems.

2.1 Who levies what taxes?

There is no ideal assignment of revenue sources between central and lower levels of government. Still, a set of ‘tax-assignment rules’ has been developed in the traditional fiscal federalism theory (Oates 2005, 1972; Musgrave 2000; Bird 2010). These principles relate to the respective responsibilities of central and lower tiers of government in macroeconomic stabilisation, income redistribution, and resource allocation (Boadway et al. 2000). Furthermore, in developing countries the administrative capabilities of local governments in revenue design (that is, deciding on revenue bases and setting rates) must be taken into consideration (Bird 1990). In large and diverse countries it is also important to address the issue of revenue harmonization between jurisdictions when assigning taxing powers.

The stabilization objective of the fiscal system calls for central control over the revenue instruments that may substantially influence central budget deficits or inflation. Thus, taxes on international transactions (customs duties) and a considerable share of income and general sales taxes (such as VAT) should be assigned to central government. If there are wide disparities in income and wealth across regions, as there are in many African countries, then local taxing powers may exacerbate these differences. Hence, the distributive function of government is an argument for centralized, progressive corporate income and wealth taxes. Since the central government can borrow money to make up for shortfalls, it can live with the more unstable revenue sources, such as customs duties and income

2 In some countries, such as Kenya, the amount of the loan is restricted. In other countries, such as Malawi, debt service levels are taken into account (Yatta and Vaillancourt 2010). This implies that the supervisory authority cannot approve a loan beyond a given debt service threshold. In most countries, supervisory authorities use the criteria of a threshold of local governments own resources to ensure that they can pay back loans. Generally, such borrowing is heavily constrained and contributes limited financial resources to the local government level.

In Tanzania, for instance borrowing contributes less than 0.1% of local government finances (URT 2008).

taxes. Local governments, by contrast, require relatively stable sources of revenue. Thus, lower-level governments should tax revenue bases with low mobility between jurisdictions. Property tax is therefore often labelled as the ‘ideal’ local tax (see Section 4.1). Moreover, if properly designed, user charges on trading services such as electricity, water, sanitation, and solid waste collection may be attractive local revenue instruments. The same applies to benefit taxes such as road and port tolls, and to various licenses, which also may have regulatory functions (see section 4.2 - 4.3).

While the general principles and theoretical discussions of revenue assignments summarised above are useful reference points, in practice, country-specific factors play a crucial role when considering optimal ways to dividing revenue responsibility between central and lower tiers of government. (Bird 2010; Tanzi 2000). The case for centralization is usually built around macroeconomic considerations and equalization, and the case for local government taxing powers on efficiency considerations and increased accountability. The ‘optimal’ way to do things, however, depends on how the government weighs these considerations (Martinez-Vázques and Smoke 2010; Boex 2009; Bahl and Wallich 1992). Furthermore, the capacity to administer revenue instruments is always an important constraint to the assignment of ‘taxing powers’ to lower levels of government in developing countries. Finally, but not least important, local revenue sources must be politically acceptable (Bahl et al. 2003: 75). As a rule of thumb, less visible revenue instruments tend to be more acceptable to taxpayers.

Such assessments of tax assignment almost always favour central over subnational taxation. Although the literature generally emphasizes that each level of government should be assigned taxes that are as closely related as possible to the benefits derived from spending them, it often also notes that “if fiscal decentralization is to be a reality, subnational governments must control their own sources of revenue”

(Martinez-Vazquez et al 2006: 21). However, as argued by Bird (2010: 5), it is not easy to satisfy both of these conditions: “the standard model of tax assignment in a multi-tier governmental structure essentially assigns no productive taxes to subnational governments”. Local governments are commonly left with little but property tax, business licenses, user charges and market fees, although, as discussed in section 4, a wide range of low productive revenue instruments often are in place.

2.2 Transfers from the central government

Almost without exception, governments across the world assign more expenditure functions to local authorities than can be financed from their own revenue sources. This is also the case across Anglophone Africa. The result of this mismatching of functions and finances – usually referred to as vertical imbalances – is that local governments are generally dependent on transfers from higher levels of government (Bird 2010; Boadway and Shah 2009; Boex and Martinez-Vazquez 2006; Bird and Smart 2002). In addition, differences in local revenue bases and administrative capacities may create problems of equalization (horizontal imbalance) between local government authorities, in particular between rural and urban areas. The presence of such imbalances means that one cannot design an appropriate system of local government taxation without simultaneously designing an appropriate system of intergovernmental transfers (Bird 2010: 1).

There are a number of methods to close the fiscal imbalances of sub-national governments, some of which also reduce imbalances between jurisdictions (Ahmad 1997: 6). In practice, transfers may be in the form of surcharges or revenue sharing whereby a local government receives a share of the revenues from particular taxes collected by the central government within its jurisdiction (McLure 1999: 12). The main mechanism for intergovernmental transfers in Anglophone Africa, however, is

conditional and/or unconditional grants from central to local governments (Box 1).3

• Recurrent block grants: personal emoluments (PE) component

There are commonly four such funding flows from the central to local government (Fjeldstad et al. 2010a):

• Recurrent block grants: other charges (OC) component

• Recurrent subventions and basket funds

• Development (investment) grants and development funds

Of these, the recurrent block grant system generally provides major funding for LGAs. In Tanzania, for instance, it supplied 65% of all local government funds in fiscal year 2006/07, of which the PE component constitute the lion’s share while the OC component accounted for less than 25% of the recurrent block grant allocations.

Several countries have adopted a formula-based recurrent grant system to determine block grant ceilings for priority sectors, including primary education, healthcare, rural water supply, agricultural extension services and local road maintenance (ibid). The formula-based system designed for allocating grants to LGAs commonly has the following factors: (i) size of population; (ii) number of school aged children; (iii) poverty count; (iv) infant mortality rate; and (v) distance from council headquarters to service outlets as proxy for land area. In Uganda, for instance, the Constitution establishes a formula for determining the minimum unconditional grant paid to local governments to

3 See Ahmad (1997) for a more detailed discussion of intergovernmental fiscal transfers. Ajam (2001) provides a detailed presentation of intergovernmental fiscal relations in South Africa. Boex (2003) and Boex and Martinez-Vazquez (2006) examine the formula-based grant system applied in Tanzania.

BOX 1: INTERGOVERNMENTAL TRANSFERS IN SOUTH AFRICA

The equitable division of revenue raised nationally among the national, provincial and local spheres of government is a principle laid down in the South African Constitution. Intergovernmental transfers are therefore an important instrument within the South African fiscal system. The national revenue, less a contingency reserve and interest payments on state debts, is divided between the three spheres of government (vertical division).

Vertical transfers from the national sphere are mainly carried out via two instruments: unconditional shares and conditional grants. The Division of Revenue Act annually allocates national revenue to the different levels of government (including projections concerning the following two years to assure a certain degree of stability).

The decision on the allocation is based on previous consultations with provincial governments and organised local government as well as on the recommendations of the Financial and Fiscal Commission a starting point for consultations.

The Constitution provides that a nonpartisan Financial and Fiscal Commission (FFC) should advise parliament and subnational governments on a variety of issues in intergovernmental fiscal relations. These include taxing powers, the allocation of revenue between tiers of government, the grants system and borrowing powers.

Source: Chitembo (2009) based on Derichs and Einfeldt (2006)

run decentralized services (see Box 2). Besides the unconditional grant, local governments receive conditional and equalization grants (Mugabi 2004: 3; Steffensen and Tidemand 2004).

The level of intergovernmental transfers varies widely between countries and also between rural and urban councils within individual countries in East and Southern Africa (Chitembo 2009). Figure 1 illustrates the share of total local government revenues that stems from central government grants. In Botswana, for instance, rural councils receive 92% of their total revenues from the central level, compared to 62% for urban areas. In Uganda, local governments are heavily dependent on transfers from the central government (on average, 88% of total revenues in 2007), while local governments in South Africa, on average, generate the bulk of the revenues from ‘own’ sources (89% in 2007).

Figure 1: Intergovernmental transfers in percent of total local revenues in some East and Southern African countries (2007)

Source: Adapted from Chitembo (2009:11) citing Commonwealth Handbook 2007.

Transfers and grants also constitute the biggest share of total receipts to the local councils in Anglophone West-Africa. According to Jibao (2009: 43), local councils in Nigeria received on

92

BOX 2: UNCONDITIONAL GRANTS TO LOCAL GOVERNMENTS IN GHANA AND UGANDA

Ghana uses a system where no less than 5% of the total revenues collected by the central government are allocated to a ‘Common Fund’ for the disposal of sub-national governments.

In Uganda, unconditional grants are determined annually with reference to the reassignment of tasks between the national and sub-national governments. According to the Ugandan Constitution, the total amount is calculated using a formula that includes the unconditional grant of the previous year, corrected by the increase in the general price level, plus the net change in the budgeted costs of running newly devolved or subtracted services. Thus, the Ugandan formula takes into account the actual devolution of functions and its budgetary implications.

Source: Brosio (2000) and Mugabi (2004).

average almost 78% of their revenue from transfers, in Sierra Leone they received 74% of their revenue from transfers, in Ghana 69%, and in The Gambia 65%. In Liberia local councils rely 100%

on transfers from the central government since revenue collection is centralised.

In the process of fiscal decentralization it is important to be aware of the risks for macroeconomic management and fiscal discipline. Substantial devolution of revenues and spending responsibilities to sub-national jurisdictions can affect the central government’s ability to carry out stabilization and macroeconomic adjustment through the budget. The destabilizing potential of sub-national governments is greatest when they face no hard budget constraint (Bird 2010; World Bank 2000; Ter-Minassian 1999). Expectations of bail out in case of financial trouble weaken the incentives to economise on costs, and may generate resource waste and rigidity within local authorities. These inefficiencies, in turn, may spill over into macroeconomic imbalances. In particular, concern for macroeconomic imbalance lies behind the common recommendation that strict limits should be imposed on the borrowing ability of sub-national jurisdictions (Bird and Vaillancourt 1998). It is feared that sub-national governments that are highly dependent on national transfers may increase their current expenditures above their capacity to fund them out of current revenues and then close the gap through borrowing. Thus, in Kenya the government has conditioned local government access to the Local Authorities Transfer Fund (LATF) on progressive debt reduction (Yatta and Vaillancourt 2010: 44).4

A common pattern is that this dependency on central government transfers affects the local councils’

potential to implement their development plans. The transfers are often highly volatile and delayed. In Tanzania, for instance, the national guidelines and budget ceilings, including information on grants, developed by the Ministry of Finance are often not received by the local government authorities until very late in the budgeting process (Fjeldstad et al 2010b). Consequently, to initiate the planning process, some LGAs use indicative budget figures from the previous fiscal year. Jibao (2009) reports that there are cases when District Assemblies in Ghana receive their first quarter allocation of the Common Fund in the third or fourth quarter of the year, with the rest of the three quarters overlapping into the following fiscal year and so on.

Perverse incentives, such as offering equal lump sum transfers to all local governments regardless of size, create incentives for jurisdictional fragmentation. In Uganda, for instance, new local governments are being constantly created, diluting the capacity of local governments that were only recently empowered (Martinez-Vázques and Smoke 2010b:340).

However, a major challenge in many Anglophone African countries is the implementation of a stable and transparent system of transfers, geared to filling gaps between the assigned spending and revenue-raising responsibilities of lower-level governments (Boadway and Shah 2009; Ter-Minassian 1999).

The definition of such a system is far from easy, especially given the need to preserve adequate incentives for tax effort and cost effectiveness in spending by the sub-national governments.

4 According to Yatta and Vaillancourt (2010), around 980 local governments in Algeria were in deficit in 2007.

This number increased to nearly 1,200 in 2008. In Mexico in the mid-1990s provincial borrowing contributed to a situation where some states were defined as ‘bankrupt’ (Tanzi 2000).