№ 1/2022

Fìnansi Ukr. 2022 (1): 50–73https://doi.org/10.33763/finukr2022.01.050

TAX POLICY

SOKOLOVSKA Alla ¹

¹SESE “The Academy of Financial Management”
OrcID ID : https://orcid.org/0000-0002-1022-8215

Controversial aspects of determination of tax expenditures in the system of indirect taxation

Identification of elements of benchmark tax system (indirect taxes benchmark) and tax expenditures is a necessary prerequisite for the implementation of the concept of the tax expenditures in the budget process. Their identification is complicated by the lack of a generally accepted conceptual model of the tax benchmark and, consequently, – generally accepted criteria for qualifying a particular provision of tax legislation as an element of such benchmark or tax expenditures. Given the above, the application of the concept of tax expenditures to the analysis of indirect taxes is determined as the purpose of the article. To achieve this goal, the most controversial aspects of the concept of tax expenditures are considered: the problems of their identification and measurement, as well as the contradictory consequences of its implementation. Peculiarities of application of the concept to the study of tax reliefs for indirect taxes – universal and specific excises are analyzed. The main elements of the benchmark for the VAT and deviations from it are identified, on the identification of which there are both consensus and disagreement among scientists and practitioners from different countries. The existing approaches to the qualification of reduced VAT rates and exemptions from payment in the public interest in the EU member states and other countries are analyzed, arguments in favor of their identification are proposed, taking into account the harmonization of this tax. The existing conceptual approaches to the identification of elements of the benchmark and tax expenditures of the least studied in this context specific excises and the peculiarities of their application in different countries are outlined. The definition of the main elements of the benchmark and tax expenditures of harmonized excise taxes is argued. Based on the analysis of the reports of the State Tax Service of Ukraine on tax reliefs, that are losses of budget revenues, and other tax reliefs, the main elements of the benchmark and tax expenditures for VAT and excise tax in Ukraine are highlighted. Regarding the latter, such elements are defined for all excisable goods, as well as for some of their groups – alcoholic beverages, tobacco products and energy products. It is established that in Ukraine the composition of the elements of the benchmark and tax expenditures of excise tax on alcoholic beverages and tobacco products can be justified according to the directions of their use, which create or do not create negative externalities, while for excise tax on energy products the theory of optimal taxation should be also taken into account . Common problems in the distribution of VAT and excise tax reliefs between the report on tax reliefs, that are losses of budget revenues, and the report on other tax reliefs have been identified. It is established that such problems are caused by the uncertainty of the Ukrainian methodological basis for identifying elements of the benchmark tax system and tax expenditures by providing information on budget losses from the use of tax reliefs without publishing the methodology of their measurement and definition in normative documents of the specified categories (basic notions of the concept of tax expenditures).

Keywords:tax reliefs, concept of tax expenditures, benchmark for the VAT and excise tax, identification of tax expenditures, measurement of tax expenditures

JEL: G18, H21, H25, H30

Sokolovska A. . Controversial aspects of determination of tax expenditures in the system of indirect taxation / A. . Sokolovska // Фінанси України. - 2022. - № 1. - C. 50-73.

Article original in Ukrainian (pp. 50 - 73)

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1. Thuronyi, V. (1998). Tax Expenditures: A Reassessment. Duke Law Journal, 6, 1155–1206. doi.org/10.2307/1372533
2. Sokolovska, A., & Petrakov, Ja. (2013). The concept of tax expenditures and the ways of its implementation in Ukraine. Finance of Ukraine, 11, 23–44. Retrieved from finukr.org.ua/?page_id=723&aid=639 [in Ukrainian].
3. Altshuler, R., & Dietz, R. D. (2008). Tax expenditure estimation and reporting: A critical review. NBER Working Paper, 14263. doi.org/10.3386/w14263
4. Burman, L. E., & Phaup, M. (2011). Tax expenditures, the size and efficiency of government, and implications for budget reform. NBER Working Paper, 17268. doi.org/10.3386/w17268
5. Government of Canada. (2022). Report on Federal Tax Expenditures - Concepts, Estimates and Evaluations 2020: part 1. Retrieved from www.canada.ca/en/department-finance/services/publications/federal-tax-expenditures/2020/part-1.html.
6. Villela, L., Lemgruber, A., & Jorratt, M. (2010). Tax Expenditure Budgets. Concepts and Challenges for Implementation. IDB Working Paper Series, IDB-WP-131. Retrieved from idbdocs.iadb.org/wsdocs/getdocument.aspx?docnum=35170590.
7. Kassim, L., & Mansour, M. (2018). Tax expenditures reporting in developing countries: An evaluation. Revue d’économie du développement, 26 (2), 113–167. doi.org/10.3917/edd.322.0113
8. Heady, C., & Mansour, M. (2019). Tax Expenditure Reporting and Its Use in Fiscal Management: A Guide for Developing Economies. International Monetary Fund. Retrieved from www.imf.org/en/Publications/Fiscal-Affairs-Department-How-To-Notes/Issues/2019/03/27/Tax-Expenditure-Reporting-and-Its-Use-in-Fiscal-Management-A-Guide-for-Developing-Economies-46676
9. Polackova Brixi, H., Valenduc, C. M. A., & Li Swift, Zh. (Eds.). (2004). Tax Expenditures – Shedding Light on Government Spending through the Tax System. Lessons from Developed and Transition Economies. The World Bank. Retrieved from openknowledge.worldbank.org/handle/10986/15067.
10. Tax Expenditures in the Nordic Countries. A report from a Nordic working group, presented at the Nordic Tax Economist meeting in Oslo. (2009, June). Retrieved from www.ft.dk/samling/20091/almdel/sau/spm/106/svar/716635/847543.pdf.
11. Bruce, B. (2001, July). The End of Tax Expenditures as We Know Them? In Tax Notes, Special Report, 413–422. Retrieved from www.researchgate.net/publication/228132518_The_End_of_Tax_Expenditures_as_We_Know_Them.
12. Sugin, L. (1998). Tax Expenditure Analysis and Constitutional Decisions. Hastings Law Journal, 50, 408–474. Retrieved from ir.lawnet.fordham.edu/faculty_scholarship/57/.
13. Fleming, J. C., & Peroni, R. J. (2010). Can Tax Expenditure Analysis Be Divorced from a Normative Tax Base: A Critique of the “New Paradigm” and its Denouement. Virginia Tax Review, 30, 135–180. Retrieved from papers.ssrn.com/sol3/papers.cfm?abstract_id=1674544.
14. Palisi, P. (2017). Tax expenditure analysis – origins, debates and future prospects. Treasury Working Paper, 2017-03. Retrieved from treasury.gov.au/publication/tax-expenditure-analysis-origins-debates-and-future-prospects.
15. Bauger, L. (2014). The use of tax expenditures in times of fiscal consolidation, European Economy. Economic Papers, 523. Retrieved from ec.europa.eu/economy_finance/publications/economic_paper/2014/pdf/ecp523_en.pdf.
16. Bratić, V. (2006). Tax Expenditures: A Theoretical Review. Financial Theory and Practice, 30 (2), 113–127. Retrieved from hrcak.srce.hr/file/9199.
17. Craig, J., & Allan, W. (2002). Fiscal Transparency, Tax Expenditures, and Budget Processes: An International Perspective. NTA Papers and Proceedings. Retrieved from www.estimacionestributarias.com/archivos/Gastos%20tributarios.%20Craig%20and%20Allan.pdf.
18. Laporte, B., Caldeira, E., De Quatrebarbes, C., & Bouterige, Y. (2018). Tax Expenditure Assessment: From Principles to Practice. Methodological guide. Retrieved from ferdi.fr/dl/df-PSDXZuxEEh8LihnEhHUoFkjx/tax-expenditure-assessment-from-principles-to-practice-methodological-guide.pdf
19. De La Feria, R., & Ending, R. K. (2013). VAT Exemptions: Towards a Post-Modern VAT. In De La Feria, R. (Ed.). VAT Exemptions: Consequences and Design Alternatives, pp. 3–36. Wolters Kluwer. Retrieved from www.researchgate.net/publication/303863105_Ending_VAT_Exemptions_Towards_a_Post-Modern_VAT.
20. Schenk, A., & Zee, H. H. (2004, April 16). Financial Services and the Value-Added Tax. Taxing the Financial Sector: Concepts, Issues, and Practice. International Monetary Fund. doi.org/10.5089/9781589063167.071
21. Lang, J. (1993). Draft code of tax laws for the states of Central and Eastern Europe. Bonn: Federal Ministry of Finance [in Russian].
22. Hashimzade, N., Heady, Ch, Myles, G., Oats, L., Scharf, K., & Yousef, H. (2014). The Definition, Measurement, and Evaluation of Tax Expenditures and Tax Reliefs (Technical paper prepared for the National Audit Office). 2014. Retrieved from ore.exeter.ac.uk/repository/bitstream/handle/10871/16391/TARC_Tax_Expenditures_and_tax_reliefs_09-07-14.pdf?sequence=2&isAllowed=y.
23. Kraan, D. J. (2004). Off-budget and tax expenditures. OECD Journal on Budgeting, 4 (1), 121–142. doi.org/10.1787/budget-v4-art6-en
24. Terra, B. J. M. (1996). Chapter 8. Excises. In Thuronyi, V. (Ed.). Tax Law Design and Drafting, pp. 246–263. International Monetary Fund. Retrieved from www.elibrary.imf.org/view/books/071/06711-9781557755872-en/06711-9781557755872-en-book.xml.
25. Cnossen, S. (2010). The Economics of Excise Taxation. International Studies Program. Working Paper, 10-18. Retrieved from www.researchgate.net/publication/254391989_The_Economics_of_Excise_Taxation.
26. EU Council. (2003, October 27). Directive 2003/96/EC restructuring the Community framework for the taxation of energy products and electricity. Official Journal of the European Union, L 283/51. Retrieved from eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32003L0096&from=EN.
27. Commonwealth of Australia. (2021). Tax Benchmarks and Variations Statement 2020, pp. 160–165. Retrieved from treasury.gov.au/sites/default/files/2021-01/145906_2020-tbvs.pdf.