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What's wrong with New Zealand's taxation regime?

In part one of a two-part feature Philip Macalister outlines what is wrong with New Zealand's taxation regime. Part two will look at some of the ISI's "radical" proposals aimed at creating an ideal taxation environmentir

Wednesday, November 3rd 1999, 12:00AM

by Philip Macalister

One of the big questions in this year's general election is about what goods and services the state should provide and who should get what. It's a complex debate and one that focuses on the state's revenue raising mechanism - taxation.

The Investment Savings and Insurance Association (ISI), in an effort to broaden the debate, commissioned Infometrics to prepare a report on the taxation system. It says the debate needs to be expanded out from the simple "more versus less" and "left versus right" arguments to something more comprehensive.

The discussion document produced, Towards an Ideal Taxation Regime, is the ISI's second "determined foray" into issues affecting retirement incomes.

Infometrics says the tax system is predominantly well designed and avoids many of the complexities that exist in other countries, however "imperfections remain" that are "detrimental to the well-being of New Zealanders."

The five major problems with the current taxation system include:

1. The playing field is not level


It points out the playing field is not level and is skewed against New Zealand registered unit trusts and superannuation funds. Also it says interpreting the rules on capital gains tax can be subjective and difficult.

It says because of these problems money and resources don't necessarily flow into the areas that can best use them, but to areas that happen to be tax-favoured.

Investors don't necessarily get the best returns under this regime and the economy is slowed because money is channelled into tax-favoured investments such as housing, rather than productive assets.

The report says that all capital gains should be taxed.

"In the interests of simplicity, efficiency and fairness, it is in the country's best interest to either tax all capital gains, or not tax any capital gains."

2. Tax rates vary
The report says although New Zealand has three personal tax rates, its regime is better than many other countries.

However, there are complications in the system because it has different levels of personal tax rates, for instance;

  • The dividend imputation is more complex than it would be if everyone were taxed at the same rate.
  • People on personal rates of less than 33 per cent who invest in companies or unit trusts do not receive the full benefits of imputation
  • These same groups of people are disadvantaged as many managed funds are paying tax at 33 per cent, rather than an individual's personal rate.
  • Imperfections in the imputation system affect companies' decisions on whether to raise capital through equity or debt. This can lead to less than optimal debt:equity ratios.
  • Families are treated unequally. For example a couple sharing a teaching job, each earning $20,00 face a lower tax liability than a couple in which one person earns $40,000 and the other nothing.
  • Some individuals, lawyers, accountants and others put a great deal of effort into arranging people's financial affairs so that they can take advantage of differential tax rates to reduce their taxes.

3. The tax system is poorly integrated with the welfare system
Thousands of people are caught in "poverty traps" and pay effective marginal tax rates of more than 100 per cent.

Proposed solutions tend to solve one problem but create another. The Government could, for example, reduce high effective marginal tax rates by phasing out a benefit over a wider range of income. But that would mean more people would be caught with tax rates which are still high. As a result there is a disincentive for those who receive benefits to take on additional paid work.

4. Unit trusts remain tax disadvantaged
Treating unit trusts under the company taxation regime is looking increasingly unsustainable and creating major technical and compliance difficulties for managers.

5. Taxation is complex
Each of the above flaws in the system contribute to its complexity. Combined, they can make corporate and individual decisions on savings, investment and employment extremely difficult.

The ISI says people put off retirement savings decisions because it is all seen as being too complex. On the other hand those who can afford it take professional tax advice.

The association says that people should be doing something "economically productive" rather than spending their time trying to comply with or extract benefits from the system.

"One can assume that there would be considerable gains in economic productivity if savings and investment decisions were based on maximising returns, rather than minimising tax liabilities."

The association concedes solving the problems won't be easy, and it will take some hard political decisions.

The five policy recommendations presented in the report are:

  1. New Zealand should extend income tax to capital gains
  2. New Zealand should adopt a low flat tax rate of income tax and a universal tax free minimum income to all adults
  3. New Zealand should tax the imputed rental income which owner-occupiers enjoy from their ownership of land
  4. New Zealand should more closely align the GST rate with the company tax rate and the single rate of personal income tax
  5. New Zealand could effect perfect imputation by replacing the current imputation regime with an economically equivalent system that allows full deductibility of dividends with company income.

Some of the ideas proposed "may be seen as radical", the ISI says. "Some will undoubtedly view a capital gains tax as unacceptable. Others will oppose the concept of a universal benefit."

The next article in this series will look at the proposals in more detail.

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