Walking the talk of President Samia’s call on tax evasion and the use of efd machines

Dec 18, 2023
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In her recent address on IDD-EL-FITRI day, President Samia Suluhu Hassan delivered a compelling call to action for all Tanzanians. She implored citizens to actively engage in preventing the evasion of lawful taxes and underscored the significance of employing Electronic Fiscal Devices (EFD) for all business transactions.

President Samia's appeal transcends mere pomposity; it represents a crucial stride toward encouraging a culture of compliance and integrity in tax affairs. Yet, to fully materialize the objectives articulated in her speech, it is imperative in this article to dig into the underlying factors propelling tax evasion and to devise effective strategies to combat them. Additionally, we must address the obstacles associated with the utilization of EFD machines.

Why Taxpayers Attempt to Evade Taxes?
Tax evasion is a complex issue influenced by a numerous of factors:

High Tax Rates: Excessive tax rates create an environment where individuals and businesses feel burdened by their tax obligations. This perceived financial strain can push them towards evasive measures in an attempt to reduce their tax liabilities.

Desire to Reduce Tax Liability: Human nature dictates a desire to retain as much income or profit as possible. When tax obligations seem excessive, individuals may resort to evasion as a means of minimizing their tax burden and keeping more of their hard-earned money.

Complex Tax Laws: The intricacies of tax legislation can be frightening for even the most financially literate individuals. When tax laws are convoluted and difficult to direct, taxpayers may exploit loopholes or inadvertently misinterpret regulations, leading to evasion.

Financial Hardship: Economic challenges can drive individuals and businesses to desperate measures. When faced with financial strain, some may see tax evasion as a means of survival or maintaining their standard of living, especially if they perceive the tax system as overly burdensome.

Lack of Enforcement: Weak enforcement of tax laws undermines their effectiveness. When taxpayers believe they can evade taxes with little risk of detection or punishment, they may be more inclined to engage in evasion as they perceive it as a low-risk, high-reward endeavor.

Cultural Norms: Cultural attitudes towards taxation vary widely. At times, tax evasion may be normalized or even encouraged as a form of resistance against perceived government corruption or inefficiency.

Perceived Unfairness: A sense of injustice in the tax system can breed bitterness and resistance among taxpayers. If individuals believe that the tax system disproportionately burdens certain segments of society or if they perceive widespread tax evasion among others, they may feel justified in evading taxes themselves.

Lack of Understanding: Tax laws and obligations can be complex and confusing, especially for individuals without a background in finance or accounting. When taxpayers lack a clear understanding of their obligations or how to comply with tax laws, they may unintentionally engage in evasion.

Lack of Transparency: When financial systems lack transparency, it becomes easier for individuals and businesses to conceal income or assets from tax authorities. Offshore tax shelters and opaque financial structures provide opportunities for evasion by obscuring the true extent of taxable income.

Opportunity for Fraud: Loopholes in tax laws, the existence of offshore tax havens, and the use of complex financial arrangements create opportunities for fraudulent activities that facilitate tax evasion. Individuals and businesses may exploit these loopholes to hide income or assets from taxation authorities.

Inadequate Record Keeping: Poor record-keeping practices make it difficult for tax authorities to verify income and detect discrepancies. In the absence of accurate financial records, taxpayers may exploit gaps in documentation to underreport income or overstate deductions, facilitating tax evasion.

Unreported Income: Intentionally failing to report all income is a common tactic used by tax evaders to minimize their tax liabilities. By concealing sources of income from tax authorities, individuals and businesses can avoid paying taxes on taxable earnings.

Psychological Factors: Psychological factors such as greed, a sense of entitlement, or a belief that taxes are unfair can contribute to tax evasion behavior. Individuals may rationalize their actions by convincing themselves that they are entitled to keep more of their income or that they are justified in evading taxes due to perceived flaws in the tax system.

Impartial Tax Dispute Resolution: The impartial resolution of tax disputes is essential for maintaining the integrity of the tax system. When taxpayers perceive that tax disputes are resolved unfairly or that tax authorities are biased in their decisions, they may be more inclined to engage in tax evasion as a means of circumventing perceived injustices.

Collusion with Tax Administrators: Collusion between taxpayers and tax administrators undermines the effectiveness of tax enforcement efforts. When taxpayers can bribe or manipulate tax officials to overlook or minimize their tax liabilities, it erodes trust in the tax system and incentivizes further evasion.

Addressing tax evasion necessitates a comprehensive and multi-faceted approach that tackles the root causes of evasion while strengthening enforcement mechanisms and promoting a culture of compliance and integrity within the tax system. By addressing the underlying factors driving tax evasion and implementing effective measures to combat evasion, our government can enhance revenue collection efforts, promote fairness and equity in the tax system, and ensure that all taxpayers fulfill their civic duty to contribute to the common good.

Promoting the Use of EFD Machines

The Electronic Fiscal Device (EFD) machine stands as a key tool in our tax administration arsenal. Yet, its widespread adoption faces hurdles, particularly for new businesses and small-scale entrepreneurs due to its procurement cost. Recognizing the significance of EFD machines in monitoring transactions and enhancing tax compliance, it's imperative to devise strategies to promote their usage across the business landscape.

Government Ownership and Provision

Acknowledging EFD machines as government property due to their fundamental role in tax monitoring, it's rational for the government to take responsibility for their procurement and distribution. By directly procuring from manufacturers, costs could potentially be reduced, ensuring affordability for businesses. Moreover, coupling the issuance of tax clearances with provision of EFD machines ensures every taxpayer possesses this essential tool.

Education and Awareness

Education lies at the core of nurturing compliance. The Tanzania Revenue Authority (TRA) should conduct extensive outreach programs to elucidate the benefits and technicalities of EFD machine usage. Both taxpayers and consumers need to understand the importance of issuing and demanding fiscal receipts in every transaction. Public awareness campaigns can foster a culture where EFD usage becomes second nature, enhancing transparency in the economy.

Effective Enforcement without Excessive Fines

While penalties for non-compliance are necessary, reliance solely on stiff fines may not yield desired results. Education should precede enforcement. Rather than solely focusing on punitive measures, efforts should be directed towards facilitating compliance through understanding. Excessive fines may inadvertently foster corruption, benefiting only a few within the tax administration. Therefore, a balanced approach, emphasizing education alongside reasonable penalties, is vital.

Tax Policy and Administration Reform

To address broader issues of tax evasion, a holistic approach is indispensable. Simplifying tax laws ensures clarity and reduces opportunities for evasion. Additionally, tax rates should be carefully adjusted to encourage compliance without burdening taxpayers excessively. Expansion of the tax base and efficient administration are equally crucial. The TRA must employ innovative strategies such as tax blocks, leveraging technology for better monitoring and enforcement.

Building Partnerships and Investing in Technology
The relationship between taxpayers and tax administrators should transcend mere enforcement; it should evolve into a partnership for mutual benefit. Collaboration fosters trust and encourages voluntary compliance. Moreover, investment in technology streamlines tax collection processes, enhancing efficiency and reducing opportunities for evasion.

Conclusion

President Samia Suluhu Hassan's call to combat tax evasion and promote EFD usage is not just a directive but a cornerstone for building a prosperous nation. Transparent tax compliance is the bedrock of economic progress. By promoting the use of EFD machines, fostering education, reforming tax policies, and building collaborative relationships, our country can stride towards a future where lawful tax collection fuels national development. Together, let's embrace this vision and contribute to the advancement of our beloved nation.

The author (Respicius E. Mwijage) is a Tax lawyer with experience in Tax Dispute Resolution.
E-mail: remwijage@yahoo.com
Mob: +255 688 526 718
 

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