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Special goods and services tax: Issues and concerns

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By Dr Roshan Perera & Naqiya Shiraz

The new bill titled ‘Special Goods and Services Tax’ was published by gazette dated 07 January 2022.1 The Special Goods and Services Tax (SGST) was originally proposed in Budget speech 2021 but was not implemented. It has once again been presented in Budget 2022. The SGST aims to consolidate taxes on manufacturing and importing cigarettes, liquor, vehicles and assembly parts, while also consolidating taxes on telecommunication and betting and gaming (see table 1 for existing taxes on these products and table 2 for taxes consolidated into the SGST as per the schedule in the gazette). The rationale for this new tax as per the bill is “…to promote self-compliance in the payment of taxes in order to ensure greater efficiency in relation to the collection and administration on such taxes by avoiding the complexities associated with the application and administration of a multiple tax regime on specified goods and services.”

Given the multiplicity of taxes and the complexity of the current tax system as a whole, rationalising taxes is necessary to improve collection. However, whether the proposed SGST simplifies the tax system, while ensuring revenue neutrality or even improving revenue collection, needs to be carefully examined.

The SGST Bill is silent on the treatment of the existing VAT on these goods and services. However, according to the Value Added Tax (Amendment) Bill also gazetted on 07 January 2022,1 liquor, cigarettes and motor vehicles will be exempted from VAT while telecommunications and betting and gaming services will still be subject to VAT.

While the gazetted Bill sets out some of the features of the proposed SGST there are many important areas not covered in the Bill. These are expected to be gazetted as and when required by the Minister in charge.

Issues & Concerns

The motivation behind SGST is the simplification of the tax system. Although the objective of introducing the SGST is to improve efficiency by reducing the complexity of the tax system there are many issues and concerns with this proposed tax.

Revenue

Tax revenue which was 13% of GDP in 2010, declined to 8% in 2020. Ad hoc policy changes and weak administration contributed to the decline in tax revenue collection. This continuous decline in tax revenue has led to widening fiscal deficits and increasing debt. One of the main reasons for the current macroeconomic crisis is low tax revenue collection. Hence, any change to the existing tax system should be with the primary objective of raising more revenue.

According to the budget speech the SGST is estimated to bring in an additional Rs. 50 billion in revenue in 2022.1 Revenue from taxes proposed to be consolidated under the SGST has significantly declined over the past 3 years. Given the already difficult macroeconomic environment, along with ad hoc tax policy changes raising the additional revenue estimated at Rs. 50 billion seems a difficult task.

Tax Base and Rate

For the SGST to raise taxes in excess of what is already being collected through the existing taxes, the rate and the base for the SGST needs to be carefully and methodically calculated. Further, the existing taxes have different bases of taxation. For instance the basis of taxation of motor vehicles is both on an ad valorem1 basis and a quantity basis while the basis of taxation of cigarettes and liquor is quantity.2 In light of this, the basis of taxation on which SGST isapplied becomes an issue. Having different bases and different rates for various goods and services would complicate the implementation of the tax These issues need to be carefully considered to ensure the new tax is revenue neutral or be able to enhance revenue collection.

Efficiency

One possible revenue benefit of this proposal is the inability to claim input tax credits on the sectors exempted from VAT. However, the issue is the cascading effect that would result where there would be a tax on tax with the end consumer paying taxes on already paid taxes. If the idea was to raise additional revenue by limiting tax credits, it would have been simpler to raise the tax rates on the existing taxes rather than introduce a new tax.

4. Administration

According to the bill, SGST will now be collected through a new unit set up under the General Treasury where a Designated Officer (DO) will be in charge of the administration, collection and accountability of the tax. The existing revenue collection agencies, such as the Inland Revenue Department (IRD) or the Excise Department will not be primarily responsible for the collection of this tax. By removing the IRD and Excise Department, a parallel bureaucracy will be created, at a time when public spending needs to be carefully managed. The General Treasury also has no previous experience and expertise in direct revenue collection. Weak administration is one of the key reasons for the low tax collection and success of this tax would depend on the strength of its administration.

In addition to the above mentioned concerns, as per the Bill the minister in charge of the SGST has been vested with the power to set the rates, the base and grant exemptions. Accordingly, Parliamentary oversight over fiscal matters is weakened under this proposed Bill.

It could also lead to a time lag between the gazetting and implementing of changes to the SGST (such as the rate, base etc) and obtaining Parliamentary approval for those changes.

Dispute resolution

The SGST Bill also focuses on the dispute resolution mechanism. Under the present tax system, with the enactment of the Tax Appeals Commission Act, No. 23 in 2011 the Tax Appeals Commission has the “responsibility of hearing all appeals in respect of matters relating to imposition of any tax, levy or duty”.1 The most recent amendment to the Tax Appeal

Commissions act (2013)1 seeks to address the large number (495) of cases pending before the Tax Appeals Commision2 by increasing the number of panels to hear the appeals.

Under the proposed SGST disputes will be handled through the court of appeal. However, the time period by which specific actions need to be taken is not provided in the bill. In addition, disputes have to be taken to the court of appeal. Hence, the entire process will be more time consuming. This could result in revenue lags and difficulties in revenue estimation until disputes are resolved.

Additionally, in the case that no valid appeal has been lodged within 14 days, any remaining payments would be considered to be in default. Thereafter, the responsibility is shifted to the Commissioner General of the IRD to recover the dues. Given the IRD is completely removed from the normal collection process, the rationale for bringing defaults under the IRD is not clear.

III. Policy Recommendations

As discussed, the SGST Bill has several limitations and much of this is due to the ambiguities in the Bill.

If the tax is implemented, the rate and basis of taxation needs to be revenue neutral to ensure tax collection is maximised and administrative costs minimised.

The rates, basis of taxation, exemptions etc should be specified in the Bill, as done in most other Acts. This would avoid the power for discretionary changes to the tax being placed in the hands of the minister in charge.

Given the already weak tax administration, it would be more sensible to strengthen the existing revenue collecting agencies and address the weaknesses in the existing system without creating a parallel bureaucracy.

In the case where VAT is consolidated into the proposed GST, the issue of cascading effect of input tax credits needs to be addressed. This is relevant particularly in the case of capital expenditure.

Given the critical state of revenue collection in the country the question to ask is whether this is the best time to introduce a new tax. Focus should be on fixing issues in the existing tax system to ensure revenue is maximised. The VAT is the least distortionary tax and it is the easiest to administer. Given these features it can be a very efficient revenue generator for a country. Therefore instead of introducing a new tax, capitalising on systems that are already in place and amending the VAT rate, threshold and exemptions may be a more practical solution to the revenue problem that the country is currently facing.

Dr. Roshan Perera is a Senior Research Fellow at the Advocata Institute and the former Director of the Central Bank of Sri Lanka.

Naqiya Shiraz is a Research Analyst at the Advocata Institute.

The opinions expressed are the author’s own views. They may not necessarily reflect the views of the Advocata Institute, or anyone affiliated with the institute.



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ADB approves support to strengthen power sector reforms in Sri Lanka

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The Asian Development Bank (ADB) has approved a $100 million policy-based loan to further support Sri Lanka in strengthening its power sector. This financing builds on earlier initiatives to establish a more stable and financially sustainable power sector.

This second subprogram of ADB’s Power Sector Reforms and Financial Sustainability Program will accelerate the unbundling of the Ceylon Electricity Board (CEB) into independent successor companies for generation, transmission, system operation, and distribution, as mandated by the Electricity Act of 2024 and its 2025 amendment. The phased approach ensures a structured transition, ensuring progress in reform actions and prioritizing financial sustainability.

“Sri Lanka has made important progress in stabilizing its economy and strengthening its fiscal position. A well-functioning power sector is vital for the country’s continued recovery and sustainable growth,” said ADB Country Director for Sri Lanka Takafumi Kadono. “ADB is committed to supporting Sri Lanka’s long-term development and advancing key reforms in the power sector. This initiative will enhance power sector governance, foster private sector participation, and accelerate renewable energy development to drive sustainable recovery, resilience, and inclusive growth.”

To improve financial sustainability, the program will help implement cost-reflective tariffs and a comprehensive debt restructuring plan for the CEB. It will support the new independent successor companies in transparent allocation of existing debts. This will continue to strengthen their financial viability, enhance creditworthiness, and enable these companies to operate on a more sustainable footing.

The program also aims to strengthen renewable energy development and private sector participation by enhancing transparency and supporting power sector entities that are financially sustainable. It will enable competitive procurement for large-scale renewable energy projects and identified priority generation schemes, while upholding strong environmental standards.

Promoting gender equality and social inclusion is integral to the program. Energy sector agencies have implemented annual women’s leadership programs, adopted inclusive policies, and launched feedback mechanisms to ensure equitable participation of female consumers and entrepreneurs. The program includes targeted support for vulnerable groups, such as maintaining lifeline tariffs and implementing measures to soften the impact of tariff adjustments and sector reforms.

ADB will provide an additional $2.5 million technical assistance grant from its Technical Assistance Special Fund to support program implementation, build the capacity of successor companies, and help develop their business plans and power system development plans.

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Union Assurance becomes first insurer to earn the YouTube Silver Play Button

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Union Assurance, Sri Lanka’s longest-standing private Life Insurer, has achieved a milestone in its digitalisation journey by being awarded the YouTube Silver Play Button, recognising the Company for surpassing 100,000 subscribers on its official channel. This achievement marks a first in Sri Lanka’s Insurance industry, across both Life and General Insurance, and underscores Union Assurance’s pioneering role in digital engagement.

This accomplishment reflects the Company’s unwavering commitment to making Life Insurance accessible, simplified, and engaging for all Sri Lankans. Through innovative content strategies, Union Assurance has successfully transformed complex Insurance concepts into relatable, informative, and inspiring narratives that empower individuals to protect what matters most; health, wealth, family, and future.

Receiving the Silver Play Button is more than a symbolic accolade; it is a testament to the strength and credibility of Union Assurance’s digital presence. In an era where trust and transparency define brand loyalty, this recognition validates the company’s ability to create content that resonates deeply with a growing audience. It enhances the brand’s authority, reinforces its visibility across digital platforms, and further solidifies Union Assurance as a leader in customer engagement.

Celebrating this achievement, Mahen Gunarathna, the Chief Marketing Officer at Union Assurance stated: “This milestone is a testament to the trust and engagement of our audience and reflects our dedication to innovation, transparency, and customer-centric communication.

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LOLC Finance Factoring powers business growth

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Deepamalie Abhayawardane, Head of Factoring at LOLC Finance PLC

LOLC Finance PLC, the largest non-banking financial institution in Sri Lanka, brings to light the significant role of its Factoring Business Unit in providing indispensable financial solutions to businesses across the country. With a robust network of over 200 branches, LOLC Finance Factoring offers distinctive support to enterprises, ranging from small-scale entrepreneurs to corporate giants.

In light of the recent economic challenges, LOLC Finance Factoring emerged as a lifeline for most businesses, ensuring continuous liquidity to navigate through turbulent times. By facilitating seamless transactions through online platforms and expediting payments, the company played a pivotal role in sustaining essential services, including supermarkets and pharmaceuticals.

Deepamalie Abhaywardane, Head of Factoring at LOLC Finance PLC, emphasized the increasing relevance of factoring in today’s economy. “As economic conditions become more stringent, factoring emerges as the most sought-after financial product for businesses across various sectors. It offers a win-win solution by providing upfront cash up to 85% of the credit sale to suppliers while allowing end-users/buyers better settlement period.”

One of the standout features of LOLC Finance Factoring is its hassle-free application process. Unlike traditional bank loans that require collateral, LOLC Factoring extends credit facilities without such obligations. Furthermore, LOLC Finance Factoring relieves business entities of the burden of receivable management and debt collection. Through nominal service fees, businesses can outsource these tasks, allowing them to focus on core operations while ensuring efficient cash flow management.

For businesses seeking Shariah-compliant factoring solutions, LOLC Al-Falaah’s Wakalah Future-Cash Today offers an efficient and participatory financing model that meets both financial needs and ethical principles. Understanding the diverse challenges faced by businesses, LOLC Finance Factoring deliver tailored solutions that enhance cash flow, reduce credit risk, and support sustainable growth. Working together with LOLC Al-Falaah ensures access to a transparent, well-structured receivable management solution strengthened by the credibility and trust of Sri Lanka’s largest NBFI, LOLC Finance.

The clientele of LOLC Finance Factoring spans into various industries, including manufacturing, trading, transportation, healthcare, textiles, plantations, and other services, all contributing significantly to Sri Lanka’s economic growth. By empowering businesses with accessible and convenient working capital solutions, LOLC Finance’s Factoring arm plays a vital role in fostering economic development and prosperity of the country.

In the upcoming quarter, LOLC Finance Factoring remains committed to delivering innovative financial solutions tailored to meet the evolving needs of businesses. As Sri Lanka’s economic landscape continues to develop, LOLC Finance Factoring stands ready to support enterprises on their journey towards growth and success.

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