Making GST Work: Walk Before You Run

04/09/2016 12:02 AM IST | Updated 04/09/2016 8:52 AM IST
Rupak De Chowdhuri / Reuters

A previous article, "Sequencing in the construction of State capacity: Walk before you can run", argues that in public administration, we should first reach for a modest objective (i.e. a low load), and build sound systems (i.e. adequate load-bearing capacity). Only after the systems have been proven to work at a low level of load should we consider increasing the burden on it.

In building tax administration, the load is defined by (a) the tax rate and (b) the complexity of the tax in its very design (for example, a sales tax is easier than an income tax). If the tax rate is low, the employee of the tax collection agency has a greater incentive to collect the tax. When the tax rate is high, there is a greater temptation to just take a bribe instead. If the tax system is simple, there is reduced discretion at the front line, and thus reduced rent-seeking.

If the tax system is simple, there is reduced discretion at the front line, and thus reduced rent-seeking.

In places like the UK, where there is high State capacity, income tax began at low rates. When William Pitt the Younger started the income tax in 1798, the peak rate was 10%. This gave them an opportunity to build sound tax administration under conditions of low load. Once this was done, the road to higher tax rates was available. In a similar fashion, Singapore started with a GST rate of 4%, and then went up to 7%. The Japanese GST rate was just 3% at inception, and has now been moved up to 8%. In India, we never made the tax administration work at low rates of tax; high tax rates were jumped to prematurely without adequate load-bearing capacity in the form of a well-designed tax administration.

A standard debate in tax policy is about the choice between a low rate and a wide base versus higher rates applied on a smaller base. The traditional economics argument has been that the distortion associated with a tax goes up as the tax rate is squared, so for a given level of tax revenue we are better off with a low rate and a wide base. A simple tax system with low rates will help lower the extremely large value for the Indian Marginal Cost of Public Funds. The argument presented here gives us one more perspective on the problem. Low tax rates are a low load from a public administration point of view; until load-bearing capacity has been created, it is unwise to subject the system to high load.

There is an interesting tension here between two different ways to make the load smaller. A lower rate requires a large base. The wider base involves a bigger tax administration machinery, and a larger number of transactions. A large number of transactions induces a greater load. But a higher tax rate changes what is at stake and increases the load substantially.

By this reasoning, the way forward on building a sound framework for tax administration is:

1. First, design a very simple tax policy (e.g. a single rate comprehensive GST) with low discretion at the front line employees, so as to keep the load low. At first, set very low tax rates, to reshape the incentives of citizens and tax officials, to keep the load upon public administration low.

2. Build and run a tax administration which is able to deliver sound tax revenues under these conditions. For example, a 5% comprehensive VAT rate should generate VAT collections of near 3% of GDP. This requires sophisticated thinking about tax administration.

3. Use independent private studies (e.g. comprehensive audits of some persons) and perception studies to measure the extent to which bribes are paid instead of tax.

4. Only after this is working well, consider moving up to higher tax rates and/or a more complex tax policy.

Implications for GST design

How can a GST be designed so as to have low load? If we wanted to walk before we ran, how would we design the GST?

1. A low single rate of 12-15%. Multiple rates significantly increase the workload.

2. A single rate and comprehensive base, which simplifies the workflow and reduces discretion and eliminates classification disputes.

3. Centralized registration. The state-wise registration administration workload multiplies, and compliance burden for taxpayers increases 36 times for those who have to register in all of the states and union territories.

4. Automatic refunds of excess credits, without discretionary approval by officials.

5. Eliminate the concept of self-supplies within a legal entity. This is because the number of transactions increases several times if self-supplies are made taxable. No supply should be reckoned unless there is another person to whom a supply can be made.

6. The system of penalties and assessments needs to be simple, with a bias in favour of low discretion and low penalties.

Even when each state has its own GST law, it is very much possible to have single registration.

There has been a lot of focus on the "revenue neutral rate"'. One twist on this is that the government is a significant buyer of goods and services. Thus the "budget neutral rate" would be a bit lower than the revenue neutral rate. This makes it possible for the rate to be lower when compared with the conventional analysis.

Single registration is a subject of some debate. Even when each state has its own GST law, it is very much possible to have single registration. The law would impose the tax on taxable supplies made in the state, allow input tax credits, and specify reporting obligations for information. These provisions will apply to any person registered in the country. Separate registration in each state need not be required. Computations of tax and reporting of the information could be on a single return with state-wise annexures. The key difference between state-wise and central registration would be that all of the state-wise compliances would be on a single registration portal, and the person will be treated as a single person (note that under the current model law, each registration number is treated as belonging to a different person). This is how the Canadian GST operates -- with single registration, but with multiple federal and provincial GST laws.

To keep the load low, we need to expand the Prime Minister's vision of One India, One Tax, to "One India, One Tax, One Registration, and One Rate."

Does GST implementation require single control? We think single control is neither desirable nor feasible. Scrutiny and audits at the state level will necessarily require information on the dealer on a pan-India basis – which individual states would not have. Both the Centre and states would want to monitor compliance with their respective tax laws. If they want autonomy in administration of the GST, what is needed is a harmonization agreement to avoid duplication of administrative effort and inconsistent policies across the country. For example, the governments should agree on a common rulings and interpretations authority, and common administration guidelines. A clean solution would be to have a common audit and scrutiny function that is jointly staffed by Centre and state officials. Some 12 states have already opted for a full-service Goods And Services Tax Network (GSTN); under this, even scrutiny and audit would be done by the GSTN.


The 122nd Amendment Bill is a great step forward. It opens the possibility that India will become one country, one market. At present, tax administration in India works poorly. We do not know how to build a capable and uncorrupt tax administration. In the absence of this State capacity, we should start with a GST design that imposes a low load upon tax administration. Only after this is proven to work at high levels of probity and operational efficiency can we consider the possibility of going up to higher levels of load. This concept can be expanded to GST in all of the states. To keep the load low, we need to expand the Prime Minister's vision of One India, One Tax, to "One India, One Tax, One Registration, and One Rate."

This post was first published here.

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