Tax evasion exists in all countries, though
in varying degrees. It is a serious problem in developing
countries, which are in the process of evolving their tax
systems.
1.What is Tax Evasion and Tax Avoidance?
1. Tax evasion is an illegal attempt to reduce
the tax payable by deliberately under-reporting or not reporting
taxable incomes or concealing one's true state of affairs
from tax authorities. Tax evasion is a criminal offence
and if detected is punishable by financial penalties or
even by imprisonment or both.
2. Tax avoidance means preventing or reducing
one's tax liability through manipulations within the framework
of existing tax legislation. Tax avoidance, as against tax
evasion, is legally permissible and hence a legitimate aim
of taxpayers.
3. Tax avoidance is resorted to through such
devices as formation of holding companies to claim artificial
deductions, constitution of trusts and family partnerships,
transfer of income earning assets to one's wife and children
for fractioning income for tax purposes, investing in provident
funds and life insurance policies, and manipulation of capital
gains.
2. Methods of Evading Taxes
2.1 The following devices are generally employed
to evade income tax: 1. Non-reporting/under-reporting of
taxable income. 2. Maintaining multiple set of account hooks,
fraudulent changes in account books, and keeping transactions
out of account books. 3. Opening and operating bank accounts
under assumed names. 4. Doing business in the name of dummies.
5. Over-reporting expenses. 6. Fragmenting income to reduce
tax liability. 7. Transfer pricing manipulations (by companies).
2.2 Although evasion of tax is a common tendency among people
belonging to different groups, opportunities for it vary
according to the nature of income earned by taxpayers. In
the case of income from salaries and interest from deposits,
evasion is less likely because of proper recording and auditing
of transactions, and deduction of tax at source. However,
opportunities for tax evasion are very large in the case
of self-employed in business and professions. They can insist
on their customers to pay them in cash or accept invoices,
which underestimate the payment.
3. Why Tax is evaded
3.1 Among the host of causes of tax evasion,
the level of tax rates is probably the most crucial. It
is widely believed that higher the rate of tax, the greater
is the tendency to evade taxes. High tax rates make tax
evasion more tempting. Tax evaders readily take greater
risks if they know that in the event of success the reward
is high.
3.2 Tax evasion is more in countries where
there is general apathy on the part of people towards the
government and its laws. People will have less respect for
tax laws if they perceive the tax system to be unfair in
terms of level of taxation (tax-GDP ratio) and/or distribution
of tax burden among various classes. Similarly, there can
be a feeling among taxpayers that government is indulging
in wasteful expenditure, e.g. digging the roads too often
or spending excessively on government functionaries. There
is a widespread feeling among the common men that there
is considerable waste in government expenditure, that there
is excess staff and that the tail to teeth
ratio is unduly high. And with it all, it
is generally felt that the public, which pays the taxes,
gets poor service and members of the public are treated
often not as masters who pay but as supplicants. Moreover,
salaried persons envy tax evasion opportunities available
to self-employed professionals and retail traders, and are
tempted to conceal then-incomes from non-salary sources.
3.3 Lenient penal action in case violation
of law is detected also encourages tax evasion. Tax evasion
by politicians and bureaucrats sends wrong signals to the
general public that non-compliance is acceptable. A regime
of controls, licenses, and shortages also breeds tax evasion
and black money.
3.4 The problem of tax evasion in underdeveloped
countries is associated with the peculiar characteristics
of their economies, which, in most cases, are agriculture-based
in the sense that a substantial part of national income
originates from and the majority of the work force is engaged
in agriculture. Moreover, there is widespread illiteracy,
lack of accounting practices. limited monetisation and shortage
of administrative resources.
4. Effects of Tax Evasion
4.1 The effects of tax evasion on an economy
are indeed disastrous. Tax evasion cuts at the very root
of the revenue potential of a tax system and therefore hinders
the resource mobilization efforts of a government. Lack
of funds may distort implementation of development plans
and force a government to resort to deficit financing in
case public expenditure is inelastic.
4.2 Tax evasion may interfere with the declared
economic policies of a government by distorting saving/investment
patterns and availability of resources to various sectors
of the economy. For instance, government may impose credit
restrictions to discourage certain activities (e.g. speculation)
but money saved through tax evasion may finance and encourage
the same activities.
4.3 Evasion of tax seriously undermines the
equity attribute of a tax system. Honest taxpayers, who
are obliged to bear disproportionate tax burden, feel demoralized
and tempted to join the tax evaders' camp.
4.4 Tax evasion leads to the creation of
black money, which in turn is a menace to the economy in
its own way. Tax evasion and black money encourage concentration
of economic power in the hands of undesirable groups in
the country.
4.5 Tax evasion eats into the time and energy
of tax administration, which is obliged to unravel the intricate
manipulations of tax dodgers.
Tax evasion leads to degradation of social
and moral standards. Social abuses like bribery, intimidation,
blackmailing, tampering with official records, submitting
fake documents etc. all go with tax evasion.
5. How to control Tax Evasion
The following methods may be considered to check tax evasion.
5.1 High tax rates increase premium on tax
evasion, which in turn generates black money. Contrarily,
it can be expected that lowering of tax rates improves tax
compliance and broadens the tax base.
5.2 This is a system of collecting income
tax whereby money is periodically deducted by the employers,
financial institutions, and others from wages of employees,
returns on securities, and other payments. Thus, intermediaries
(or third parties) do the job on behalf- of the government
as regards assessment of the taxable base and the collection
of tax thereon. Generally, a fixed percentage is withheld
from the payment made which is deposited in government's
account. At the time of filing the return of income, the
taxpayer encloses withholding tax receipts and in case of
overpayment he can claim refund of tax.
5.3In every country, their are some soft-to-tax
and hard-to-tax sources of income. Wages and salaries are
properly recorded and therefore it is easy to assess and
collect taxes on them through the Pay-As-You-Earn system.
Similarly, income from securities paid through hanks can
easily be subjected to deduction at source.
5.4 Presumptive tax scheme is an easy way
to collect and assess the tax. By this method both taxpayer
and the assessing authority are some what absolved from
their responsibility. Presumptive taxation suits a developing
country like Pakistan where there is large unorganized business
sector consisting of small retail establishments, and self-employed
professionals. It is easy to administer this tax, which
can become an effective source of revenue. It also promotes
horizontal equity.
5.5 The use of computer facilitates storage and cross checking
of economic information will definitely to some extent curb
the tendency of avoiding the tax.
CONCLUSION
Widespread tax evasion is a bane of the Pakistan
tax system. The history of taxation law amendments in Pakistan
is essentially a history of plugging loopholes, as and when
discovered, to prevent leakages of revenue. |