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No. 37, Spring 2005

 

 

IN THE NAME OF ALLAH

 

FROM THE PRESIDENT

 

 

We would like to greet again our readership after elapse of such a long time since publication of Maliyat journal was stopped. Leaving the journal was not a voluntary action; it was due to reluctance of the ex-publisher and its procrastination in financing the relevant costs, though the costs were unbelievably low and negligible. We published the journal by spending minimum resources, but at the same time very efficiently and in good circulation.

After the publication of Maliyat journal was stopped, our readers contacted us many times and insistently wanted us to do something for republishing it. For the sake of those sentiments and our own cordial interest, we could manage to renew our journalistic work. We feel obliged to forward our gratitude to the State Organization of Tax Affairs and its honorable president for their appreciable assistance and support.

Our approach will be the same as before; a publication substantially academic, but at the same time regardful of practicality and understandability.

At the same time, our endeavor for gradual improvement of quality of the journal's content will also continue, so that to deserve kind attention and sympathy of our readership. Any remarkable success in this respect would obviously depend on our own efforts and favor of the new publisher.

By publication of this issue, Maliyat journal have begun a new phase of its life. But certain articles of the previous issue (No. 36) were unfinished and some readers have asked for remaining parts of them. For responding to that demand, we have resorted to the site of Maliyat journal at the Internet (http://e-tax.tripod.com). You can find full text of these articles under the electronic issue No. 36 of the journal.

With best wishes for all of you and for success of this magazine,

 

Dr. Aliakbar Arabmazar

 

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Taxation and fourth development plan

 

A substitute for oil revenue

And an instrument for redistribution of income

 

By: Dr. Mohammad Tavakkol

 

Iranian fourth development plan passed the parliament on last October and was notified to the government for execution. The plan covers a five-year period beginning from 21 March 2005 and ending at 20th of March 2009. It had been approved by the previous (sixth) session of the parliament before, but the seventh session revised the plan and re-approved it in its present form.

Full title of the law is "the Law on Fourth Economic, Social and Cultural Development of the Islamic Republic of Iran". It comprises 6 sections, 14 chapters and 161 articles. None of sections and chapters are independently allocated to taxation, but several articles inside some chapters are related to tax matters. The most important among them are paragraph "a" of the article 2 (in chapter 1) and paragraph "b" of the article 95 (in chapter 8). They include significant strategic regulations in the field of taxation, which are studied hereunder.

 

 

Tax as a substitute for oil revenue

 

That strategic goal is embodied in the paragraph "a" of the article 2 of the chapter one. Certain important issues are dealt with in this chapter. The first and most important is the emphasis on necessity of ending the process of financing government current expenditures by oil revenue. This process has been continuing for several decades in spite of being considered a negative point of the country's economy at all times. Freeing the economy from that undesirable phenomenon has always been a national aspiration, which is now embodied in the law of fourth development plan. The law is not confined to referring to this subject as a matter of principle, but it has clearly obligated the government to take all necessary measures, so that to reach that goal at the end of the period of the plan. The text of the law reads:

"The government is required to raise the share of non-oil resources in financing its current expenditures, so that such expenditures be completely financed through taxes and other non-oil revenues up to the end of the fourth plan"

It should be noticed that other non-oil revenues (other than taxes) referred to in the above paragraph are not so considerable, and thus the burden would mostly rest on tax revenue.

Paragraph "b" of the same article 2 has deprived the government from other undesirable source of financing as well. It says:

"Financing budget deficit through borrowing from Central Bank of Islamic Republic of Iran and banking system is prohibited"

Thus, the government has to stop resorting to banks (either domestic or foreign) for financing its expenditures, a restriction that would lead to more emphasis on tax revenue.

We should also refer to the article 4 of the same law, which reads:

"During the years of this plan no abatements, preferences or exemptions from taxes (whether direct or indirect) and import duties, except those already approved under relevant laws, shall be granted to real and juridical persons, including organizations mentioned in the article 161 hereof."  (organizations mentioned under the article 161 are the government organizations and companies, but municipalities are not included in the article).

Article 4 can be considered as complementary to the aforesaid paragraph "a" of the article 2. Since the latter paragraph provides for considerable increase in volume of tax revenue, door should be closed to new and additional abatements and exemptions.

A side aspect of the issue must also be taken into account. Suppose the government would succeed in achieving the goal prescribed by the said paragraph "a" of the article 2. Such a huge success would shut the door to previous practice, namely resorting to oil revenue for financing current expenditures of the government. Nobody would dare to say that the period of the fourth plan is expired and its regulations are no more obligatory. The new approach that would rely on taxes instead of oil revenue will continue, unless serious obstacles would arise.

Based on that argument, the ruling of the law of fourth plan in this specific regard can be considered a strategy not restricted to the period of fourth plan, but rather a long-time one.

 

Tax as means of redistribution of income

 

Establishment of social justice and stability and alleviation of social and economic inequality are the goals followed by the chapter 8 of the law on fourth development plan. The government is required, under the regulations of the same chapter, to take all necessary measures and adopt appropriate policies for achieving the said goal. "Tax policies with the aim of equitable redistribution of income" has a remarkable place among those measures and policies (paragraph “b” of the article 95). This also can be considered a strategic rule of the fourth development plan.

The government is obligated to review relevant laws and prepare draft of amendments, or new laws, for realization of the policies in question.

For the purpose of achieving both strategic goals of the fourth plant the government has to revise tax laws and regulations, bring about necessary reforms in tax organization and remove various shortcomings that may preclude efficient discharge of tax administration's responsibilities.

 

 

 

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Taxmen and compliance with the law

 

By: M. T. Hamadani

 

Noncompliance with tax law is a term usually used in connection with taxpayers, but sometimes it can be attributed to tax officials as well. In Iran, like many other countries, the failure of taxpayers to abide by tax law has always been a well known issue. Resorting of taxpayers to various kinds of tax avoidance tricks, keeping false records and books of accounts, vast cases of tax evasion, underground economy and similar maneuvers are, and always were, recognized as well-spread phenomena, whose scope widens everywhere due to possibilities granted by technological developments.

But the problem of noncompliance with tax law extends, in some degrees, to tax officials as well. Legal rights of taxpayers are not always duly taken into account. Some common examples of such negligence are as follows:

1. Nonacceptance (rejection) of taxpayers’ statutory books of accounts and other tax records on basis of vague and negligible grounds. In such cases the ex-officio assessment is unduly resorted to as a way of assessment of taxable income. In cases where there is no way to reject the books of accounts, they would try to reject the expenditures of taxpayers and consider them nondeductible as far as possible. Sometimes the reasons given for this type of behavior are week and unfounded.

Of course one must not attribute such practices to shortcomings of tax regulations. Iranian tax law pays due attention to taxpayers’ rights. As an example, we can refer to the Article 237 of the Direct Taxes Act (principal tax law of the country) which reads:

     “Tax assessment notice should be drawn on a correct basis and must be substantiated by sufficient evidence and information, in a manner to reflect manifestly all related activities and incomes derived therefrom, so that to be clear for the taxpayer. Those signing the assessment notice must record their full name and position in a readable manner thereon, and they shall be responsible for the contents of the assessment notice and for their own opinion in every respect. In case of inquiry by the taxpayer about the manner of assessment, the aforesaid persons shall be required to announce details of the report constituting the basis of tax assessment and have to furnish any explanations the taxpayer may request in this respect.”

The problem should be sought in the degree of compliance with tax law by tax officers. Treatment of officials is not, certainly, the same in all cases. But in some cases the assessment notices are devoid of characteristics specified by the aforesaid article 237. Some incomes may be imputed to taxpayers without mentioning viable justifications and reasons. The amount of information and justification provided to taxpayers may also be negligible.

Such failures with regard to taxpayers’ rights are sometimes repeated in the forums responsible for settlement of tax disputes between taxpayers and tax assessment officers.

From time to time the tax organization comes forward with instructions to all concerned for correcting their practices and paying more attention to the regulations of the law. One example of such interferences is a circular letter issued by the State Organization of Tax Affairs (SOTA). This organization is the highest tax organ supervising over all tax affairs of the country. The following are most interesting points of the said circular:

a) At the beginning the aims of the circular are described as: realization of basic changes in tax system of the country, adopting arrangements for increasing the degree of compliance with laws and regulations, accelerating the process of finalization of tax cases, achieving the aims such as satisfaction of taxpayers and securing their voluntary compliance and cutting down the number of tax cases that are to be reviewed by the boards for settlement of tax disputes.

b) Under the circular, tax officials are instructed to refrain from rejection of statutory books of accounts and tax records of taxpayers if there are no justifiable reasons for that purpose. The same rule should be observed in respect of rejection of taxpayers’ expenditures, or inclusion of additional income for them. None of such actions are allowed except when taken on basis of fair justification. Those violating the instruction will become subject to prosecution.

c) Tax departments are ordered to do their best for winning the consent and compliance of taxpayers, and to refrain from sending tax disputes to relevant settlement forums, as far as possible. It has been emphasized in the circular that records of tax officials with respect to this matter will be taken into account for their promotion.

d) Another interesting point in the circular pertains to the composition of the board for settlement of tax disputes. According to the Article 244 of the Direct Taxes Act, every Board of Settlement of Tax Disputes shall consist of three members: one representative from the State Organization of Tax Affairs; one judge, whether active or retired, and a person introduced by civil institutions that represent the interests of different groups of taxpayers. Note 1 to the same article 244 states clearly that “the quorum for the sessions of the Board of Settlement of Tax Disputes shall consist of three members”. This means that all three members of the board should be present; otherwise the session shall not be competent to examine the case.

Against that clear rule, in some cases only two members are present at the board session. The circular of the State Organization of Tax Affairs refers to this procedure as an illegal practice, which may become subject to prosecution. Beside that, some declarations (or warnings) are attached to the circular and the boards are instructed to affix them on the wall of the room where the sessions are held, so that taxpayers can easily see the content of these papers.

 

 

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A Plan for Major Tax Reform

 

 

by M. Alvandkouhi

 

Iran’s State Organization of Tax Affairs (SOTA), a juridical agency affiliated with the Ministry of Economic Affairs and Finance, and the main body responsible for taxation (and for enacting measures related to tax requirements), recently issued a circular announcing the government’s plan to revise the Direct Taxes Act, Iran’s principal tax law, to achieve the goals prescribed by the Law on the Fourth Economic, Social, and Cultural Development Plan of the Islamic Republic of Iran.

Tax regulations in that law require the government to increase nonoil revenues so that current expenditures are fully financed through taxes and other nonoil revenues by March 2009, the end of the period covered by the fourth development plan. More specifically, the quantity tables attached to the law require the government to increase annual tax revenues, as a whole, by 250 percent.

The social provisions of the plan also assign another duty to the government. They state that taxation should be used as an instrument for redistributing income, and therefore, for achieving the goals of social justice and alleviating economic inequities.

The circular in question specified some detailed objectives, including not only the goals prescribed by the fourth development plan but also several other objectives that, according to SOTA, will further the achievement of those goals. Those additional objectives include, among others:

-  the introduction of new tax sources;

-  more efficient methods for tracking taxpayers and their actual income;

-  incentives to encourage voluntary compliance by taxpayers;

-  measures to reduce the incidence of, and motives for, tax evasion;

-  more severe legal sanctions for tax law violations;

-  the cancellation of unnecessary tax exemptions;

-  the simplification of tax regulations to make them easier to understand and execute, and to reduce the likelihood of differing interpretations;

-  more effective legal provisions on taxpayer documentation and reporting requirements;

- the elimination of unnecessary formalities and a shortening of the deadlines for the finalization and payment of taxes;

-  more effective prosecution of tax offenders in judicial forums; and

- the cancellation of all tax regulations that are repeated in different, nontax regulations, and  the inclusion of the applicable regulations in a single tax code.

The previous revision of the tax law addressed mainly economic objectives, the most important of which was to encourage economic activities in the private sector. In that connection, there were two amendments in particular: an immediate reduction of the corporation tax, from 64 percent to 25 percent (the dividends of shareholders are fully tax-exempt), and a very favorable tax abatement for major construction companies and the owners of building complexes. The only tax imposed on them is a small percentage of the price of each unit at the time of transfer. No other taxes, including income tax, are levied on those entities. Even the rental income from units in building complexes is tax-exempt (except in very rare cases). Now the law must move in a new direction: insuring more revenue and securing social justice.

 

 

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Abstract of Persian Articles

 

Editorial

With the present issue of Maliyat journal, this publication enters a new phase of its lilfe. The editorial deals with this subject and explains how we could manage to renew our journalistic work and what course of action will be taken in the future.

 

Tax and fourth development plan

The law on fourth development plan was approved by the parliament few months ago. The author elaborates on tax provisions of the plan especially those establishing new strategies in this field, namely the necessity of raising the share of taxation, instead of oil revenue, in financing government expenditures and using the tax as means of redistribution of income, and thus securing social justice and stability. A similar article is provided in the English section.

 

Forthcoming amendment of the tax law

The parliament and the government have recently announced their intention for revising the Direct Taxes Act. As a step towards this purpose, all competent persons and institutions are invited to propose their views in this regard. Maliyat journal has come forward with a number of proposals, one of which is contained in this article. The subject dealt with here is the flat rate of corporate taxation. Since the Iranian tax law has no imputation system, flat rate would impose equal degree of burden on large and small companies, and consequently of reach and poor shareholders. This weakness of the law is tackled by the author and graduate rates of taxation are proposed as a way of rectification.

 

Education and taxation

The importance of education of tax staff is emphasized in this article. The author criticizes the current type of education given to taxmen and recommends direct embarking of tax organization on this duty, which is presently handled by a separate institution.

 

 

Taxpayers' charter of rights and obligations

Iranian tax law, as in many other countries, does not have a separate charter of taxpayers' rights and obligations. Provisions regarding rights and obligations of taxpayers are scattered throughout the tax law. The author elaborates on this theme and advocates the idea of adoption such separate and explicit charter. The model charter developed by the OECD Committee of Financial Affairs has been introduced as a sample and general guidance in this respect.

 

Draft of the law concerning tax advocates

Tax advisors and consultants practice their profession freely without being recognized as such by the law or being organized and supervised under a legal enactment. Few months ago draft of a law was proposed by the Finance Ministry to bring tax practitioners under a statutory umbrella. But, the parliament rejected for certain reasons, which are criticized in this article and the author defends the idea of creating a legal society for tax lawyers.

 

 

Compliance of taxmen with the law

The subject studied under this article is the degree of compliance of tax officials with relevant laws, especially those related to rights of taxpayers. The study is based of a circular letter issued recently by tax organization on the same subject.

 

The End

 

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