Parliament supreme in taxation

by Uditha Kumarasinghe

Effecting changes or fiddling with taxes designed and imposed in the recently passed budget in Parliament by a comfortable majority would badly affect the Fiscal Year 2009, Economists and academics warned yesterday.

They pointed out that all financial powers of the State and the Executive were wrested with Parliament.

Even the annual budgetary allocation for the vote on the President too had to be approved by Parliament.

“Therefore, a budget passed for implementation should not and cannot be changed without approval from Parliament as it badly affects Fiscal Year 2009,” they claimed. Meanwhile, Trade and Consumer Services Minister Bandula Gunawardena yesterday stressed that the Constitution, defined Parliament as the country’s legislative organ entrusted with powers on the State financial matters.

Parliament has all authoritative powers to impose taxes on goods or services depending on the anticipated benefits to the country.

“Even if the Cabinet wants to change any particular tax, it should be done through approval of Parliament, the Minister told the weekly Cabinet Press briefing held at the Government Information Department yesterday.

“For example, President Mahinda Rajapaksa and his Government wanted to reduce the excessive tax burden on the people due to food and oil price hikes in the world market in 2007 and 2008.

The Government followed the statute and presented an act in Parliament to reduce the taxes imposed on the essential commodities. Under normal circumstances a Rs. 93 tax had to be imposed on each Kilo of imported milk powder.

But the Government imposed only a nominal tax of Rs. 5 per Kilo for imported milk powder without burdening the consumers.” In order to reduce the taxes imposed on 12 essential commodities, the President presented the Special Commodity Levy Act to Parliament.

However, the UNP and all other Opposition Parties voted against this Act due to some wrong information spread about this Act.

This is the first time that the entire Opposition has opposed an important Act due to lack of understanding, the Minister noted.

According to the Constitution, Parliament enjoys the statutory privilege of imposing or introducing tax amendments that are imposed.

Hence, the Parliamentary approval for such purpose is compulsory, he added.

“Following the order given by the Supreme Court, the Trade Ministry formulated a price formula on gas considering the interest of both the consumers and the gas companies. As the Minister in charge, I submitted this price formula to the Cabinet. The Cabinet approved it.

“No Government can run without imposing taxes. Because the State budget is based on the income levied by taxes,” he said.

According to the Minister, during the period from November 2008 to date, the Government has reduced the price of a litre of diesel by Rs. 30, a litre of petrol by Rs. 35 and a litre of kerosene oil by Rs. 20. In addition the Government has reduced a litre of furnace oil provided to the CEB by Rs. 35 and a litre of furnace oil provided to the industrialists by Rs. 25. It has also reduced the gas prices on several occasions. The gas prices will be further reduced on December 31.

Meanwhile, the Transport Ministry has reduced the bus and train fares following the reduction of diesel prices. Milk powder prices have also been reduced in a concessionary manner. At present, cement is provided with a reduction of Rs. 75 on the retail price. “Therefore, the Government has done its level best to give the maximum possible benefits to the people on every occasion when prices of fuel and other consumer items are reduced in the World Market. This is the reality,” the Minister pointed out.

“If the taxes of the 2009 budget change, it would have a serious impact on the next financial year. The Government incurs heavy expenditure on salaries of 1.2 million public servants annually amounting to Rs. 268 billion. The Government has to spend Rs. 87 billion to pay the pensions of retired public servants. A sum of Rs. 250 billion has been allocated to pay the interests of the loans obtained by the Government while Rs. 10 billion has been reserved to pay the Samurdhi benefits next year. The Government has allocated Rs. 2.4 billion to provide free school text books and Rs. 1.2 billion to provide school uniforms to students. Rs. 10 billion has been allocated to the welfare of the disabled soldiers. A sum of Rs. 370 billion has been allocated on the capital expenditure and other development projects to be implemented next year. In addition, the Government has allocated Rs. 26 billion to provide the fertiliser subsidy next year. There is no other agricultural country in the world which has made Rs. 26 billion on their fertiliser subsidy, the Minister elaborated in detail.

“There are three commodities which are taxed heavily in many countries.

The first is crude oil, second liquor and third tobacco and cigarettes. If the estimated revenue from taxes on crude oil is reduced that shortfall has to be compensated somehow or other. There are two ways of doing so. One is to present a Supplementary Estimate and print money, which would result in a general increase in prices of commodities. The other is to curtail some other expenditure.”

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From the Constitution

Parliament shall have full control over public finance. No tax, rate on any other levy shall be imposed by any local authority or any other public authority, except by or under the authority of a law passed by Parliament or of any existing law.

-Chapter XVII - Article 148