Tax and Corruption: Challenges and Solutions for the Bureau of Internal Revenue- Philippines Deputy Commissioner Celia C. King Sydney, Australia – 13 April 2017
Tax and Corrupt ion: Challenges and Solut ions for the Bureau of Internal Revenue- Philippines Deputy Commissioner Celia C. King Sydney, Australia – 13 April 2017
Agenda 1. Introduction to the Bureau
of Internal Revenue
2. Tax Corruption Challenges a. Pevalence
b. Causes and Forms
3. Tax Corruption Solutions a. BIR Policies and Programs to
Combat Corruption
b. BIR’s Accomplishments
4. Measures to Fos ter Good Governance in the BIR
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Developing Country Presentation, Philippines – Tax and Corruption: Challenges and Solutions for the Bureau of Internal Revenue - Philippines
1. Introduction to BIR
3
BIR 2016 Collection Performance
Bureau of Internal Revenue
(79%)
Bureau of Customs
20%
[CATEGORY NAME]
[PERCENTAGE]
Source: Bureau of Treasury, Cash Operations Report as of May 2016, http://www.treasury.gov.ph/wp-content/uploads/2017/03/mo_cor_revenues.pdf.
2. Tax Corruption Challenges
5
. Pevalence: Corruption in the Philippines by the Numbers
US$10 billion Philippine government’s yearly losses due to tax related
corruption (Bloomberg Business, September 2013)
52 out of 144 Philippine’s ranking at the Global Competitiveness Index, 2014 - 2015
1 , 3, 5 1- Corruption
3 – Tax Regulation 5 – Tax Policy
Ranked 101 out of 176 countries in 2016 Corruption Perceprion Index
Source: Transparency International, Corruption Perceptions Index 2016, http://www.transparency.org/news/feature/corruption_perceptions_index_2016
8
.
Source: Social W eather Stations, The 13th SW S Survey of Enterprises on Corruption, Paper Presented at Hotel Elizabeth, Cebu City last 12 October 2016.
BIR with Poor Net Sincerity in Fighting Corruption, 2005 – 2016
Source: Social W eather Stations, The 13th SW S Survey of Enterprises on Corruption, Paper Presented at Hotel Elizabeth, Cebu City last 12 October 2016.
2. Tax Corruption Challenges
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Causes of Corruption
Low salaries of BIR employees (specifically the tax auditors and collectors)
Philippine tax system is marked by complex laws
and regulations
Excessive red tape
2. Tax Corruption Challenges
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Excessive politics and patronage
Pakikisama (smooth
interpersonal re la tionship)
Utang na Loob (debt
of gratitude) Kinship
CORRUPTION Causes of Corruption
Reference: Alex B. Brillantes Jr. and Maricel T. Fernandez, “Restoring Trust and Building Integrity in Government: Issues & Concerns in the Philippines & Areas for Reform,” International Public Management Review, 2011.
Audit of taxpayers (eLAMS)
Removal of excisable products
Processing of One Tine
Transactions (eCAR)
Data fix request
2. Tax Corruption Challenges Forms of Corruption in the BIR
Corruption Risk Areas
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Crit ical Area Corrupt ion Risk
Corrupt ion Scheme
Effect
Removal of excisable product
Collusion with taxpayer, bribery
Lack of personnel monitoring the removal of excisable product
Excisable product removed from the premises without paying the correct taxes
Audit of taxpayers (eLAMS)
Collusion with taxpayer, bribery
Closure of tax audit w ith deficiency taxes imposed less than the evaded tax liability
Los of tax revenue from audit
Processing of One Time Transactions (eCAR)
Collusion with taxpayer, bribery
Use of incorrect valuation or classification of property
Loss of tax revenue/delay in issuance of tax clearance
Implementation of data fix request
Collusion with taxpayer, bribery
Request data fix for stop filer case to favor a taxpayer
Resolution of stop filer case without paying the required penalties
BIR‘s Policies and Programs to Combat Corruption
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Revalidation of all exis ting eLAs before revenue officers could continue tax inves tigations or audits under the Run After Tax Evaders (RATE) Program (RMO 57-2016)
Requiring all revenue officers to submit an inventory of all Outs tanding Lis t of eLAs
Reducing the number of documentary requirements and process ing time in the process ing or in the is suance of tax clearances , eCARs
Creating a special disciplinary committee to speed up the inves tigation of revenue officers who fail the tes t of integrity, competence and efficiency in the performance of their audit functions (RMO 54-2016) and
Conduct of trainings for personnel on public service values and ethics
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Programs to to Strengthen Good Governance in BIR
Use of information technology to
combat corruption
Promote taxpayers education
Cultivate and ingrain integrity to BIR employees
Set-up an independent anticorruption organization
BIR’s Accomplish-ments
Passed Integrity Development Review, from 2011 - 2016 (Office of the Ombudsman)
Awarded HR Seal of Excellence for having reached Maturity Level 2 under the Civil Service Commiss ion’s Program to Ins titutionalize Meritocracy and Excellence in Human Resource (PRIME-HRM) in March 2017
Ensuring t ransparency and educat ing taxpayers – increase in the number of feedbacks (including complaints) from taxpayers on the quality of our frontline services
BIR’s Accomplishments
No. of BIR Employees Facing Administrative Action, July – December 2016
BIR’s Accomplishments
Administrat ive Action No. of BIR Employees
Formally charged 57
Show cause orders issued 321
Preventive suspension orders served
40
Dismissal orders of the CIR for DOF confirmation
19
Source: Various Reports from the Internal Affairs Service – BIR, July to December 2016
Measures to Foster Good Governance in the BIR
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Conduct comprehensive taxpayer profiling and industry benchmarking
Streamline business processes, including review of issuances
Provide online facility for the processing of clearances and accreditation of brokers and importers
Simplify tax forms and reduce processing steps and documentary requirements
Continue the Run After Tax Evaders (RATE) Program
Implement the Attrition Law , discipline erring personnel and
Remove BIR from the Salary Standardization Law .
“ … the key factor in combatting corruption effectively is the political will or commitment of its leadership.
- Jon S. Quah National University of Singapore
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References
Abella, Edwin, et.al., eds. National Internal Revenue Code of 1997. Brillantes Jr., Alex B. and Maricel T. Fernandez, “Restoring Trust and Building Integrity
in Government: Issues & Concerns in the Philippines & Areas for Reform,” International Public Management Review, 2011.
Bureau of Internal Revenue. Angat Pa Pinas: 2015 Annual Report. ______________. RevenueMemorandum Order Nos. 6-2016, 40-2016, 54-2016 and
57-2016. ______________. Revenue Memorandum Circular No. 5-2017, CY 2017 Priority
Programs. Bureau of Treasury, Cash Operations Report as of May 2016,
http://www.treasury.gov.ph/wp-ontent/uploads/2017/03/mo_cor_revenues.pdf. National Tax Research Center. Cited figures from article retrieved in http://www.dof.gov.ph/index.php/veteran-solon-declares-dofs-ctrp-as-best- studied-tax-reform-bill/ Phua, Stephen, et.al. Tax Gap: Causes and Solutions. Paper presented at Conference on Global and Sustainable Growth and Development, New Delhi, September 2011. Quah, Jon S. “Curbing Corruption in the Philippines: Is this an Impossible Dream?” Philippine Journal of Public Administration, Jan. – Dec. 2010, vol. LIV, nos. 1-2. Social W eather Stations. The 13th SW S Survey of Enterprises on Corruption. Paper presented at Hotel Elizabeth, Cebu City, 12 October 2016. Transparency International, Corruption Perceptions Index 2016, http://www.transparency.org/news/feature/corruption_perceptions_index_2016