Professional Documents
Culture Documents
April 2009
IN PRACTICE
BUSINESS OPERATIONS AND TAXATION
no. 5
Regional and municipal governments play a key role in establishing a Laurent Corthay
local business environment that is attractive to foreign and domestic
Laurent Corthay (lcorthay@
investors. However, in many countries, entrepreneurs face a complex worldbank.org) is a Private Sector
web of local taxes, regulatory fees, and other charges. This situation Development Specialist in the
World Bank Group’s Investment
increases the costs and risks of doing business, thus limiting the Climate Department (CIC). He
potential for business growth, investment, and job creation. This advises governments on reform-
note explores the roots of this problem and introduces options for ing business regulations and tax
administration in order to reduce
addressing it. barriers to compliance, invest-
ment, and growth in developing
countries. He is currently support-
ing the design and implementa-
Local governments and the revenues2 (tax and non-tax), intergovernmental tion of reforms in Burkina Faso,
business environment transfers, debt, and profits from public the Kyrgyz Republic, Madagascar,
undertakings or shares in companies. The Sierra Leone, Vietnam, and the
The local business environment1 is determined financing mix varies widely depending on the
Republic of Yemen.
by government policies and regulations that degree of decentralization, and the level (regional
affect enterprises. Subnational governments’ vs. municipal), type (urban vs. rural), legal status
decisions directly impact the way businesses (degree of autonomy), and welfare (rich vs. This note and others in the
operate through local taxes and user charges; poor) of the local government3 (see Box 1). series of IN PRACTICE notes on
business licenses and permits; land, environment, business taxation reform were de-
health, and safety regulations; and enforcement For businesses, the combination of local taxes veloped as part of a joint program
mechanisms and procedures. Moreover, to the and fees may represent a heavy burden in terms
between DFID (the United King-
extent that they provide access to infrastructure, of financial and administrative costs. This is
dom’s Department for Interna-
utilities, and other benefits, local governments particularly the case when local governments use
are essential in creating and maintaining payments related to licensing and other tional Development) and CIC. The
environments that attract foreign and domestic regulatory instruments to generate revenue. program focuses on operational
investors. issues in tax reform, particularly
As many countries become more decentralized,4 those related to micro-enterprises
Even in relatively centralized countries, local subnational governments face increasing
and small businesses. Within CIC,
governments have the responsibility, and often pressure to find sustainable sources of revenue.
the business operations and busi-
legal obligation, to deliver services to citizens Intergovernmental transfers are not always
and businesses. To finance this mandate, they sufficient or forthcoming, revenue bases from ness taxation product lines jointly
typically rely on a combination of “own-source” standard taxes are limited, and local governments developed this note.
in poor regions may not be able to borrow money. significant are the heavy compliance costs driven
Moreover, local governments often have limited by numerous instruments and requirements and
authority to impose taxes, but are often granted the overall complexity of the administrative
discretionary power to establish or enforce aspects system. The package of taxes and fees may also
of business regulation. All of these factors provide amount to high financial costs.6 When local
incentives for local governments to find new administrations have the ability to introduce new
revenue sources, which can lead to the burgeoning fees at their discretion, arbitrary and unpredictable
of local fees.5 conduct on the part of administrators may result.
The system’s opacity leads firms to consider all
payments as “taxes” in a confusing scenario
How does the proliferation featuring visits from multiple “tax” collectors. The
of fees affect businesses? potential for corrupt practices increases, through
inspections and more interaction between
The proliferation of local taxes and fees creates a businesses and local authorities.
complex web of procedures and payments that can
impose a significant burden on businesses. Most Ultimately, nuisance factors and heavy compliance
costs weaken business productivity and may act as
barriers to entry, thus limiting economic growth.7
Surveys of informal businesses indicate that this
sort of environment encourages firms to operate
Box 1: The Multiplicity of Local Taxes and with some degree of informality, which can limit
Fees in the Republic of Yemen the government’s revenue base and companies’
growth potential.8
In the Republic of Yemen, 55 types of fees are used to finance local
Local governments also bear costs.9 Administering
authorities. Some, such as the annual district (municipal) operating regulation is expensive and not the most efficient
fee, are subdivided into more than 500 categories of business size and way to raise revenue. It absorbs scarce qualified
activities. According to the law, a similar charge—the professional human resources that could be put to more
permit fee—must also be paid at the governorate (provincial) level and productive use. The complex architecture also
is subdivided into 68 different categories. Companies are also required decreases transparency and accountability because
collecting, allocating, earmarking, and using
to pay an annual registration fee to the Ministry of Trade and Industry,
locally generated revenue is not straightforward.
a membership fee to the Chamber of Commerce, various monthly local
council support fees (surcharges on utility bills), city improvement fees Regulatory decision-making may also be distorted.
(surcharges on specific common transactions), and a range of sector- For instance, decisions may be based on maximizing
specific regulatory fees. Companies are also subject to the zakat, originally revenues rather than on protecting the public
a religious tax (2.5 percent on capital) that is used as a business operation interest or addressing market failures. Excessive
and unnecessary regulation may be introduced; for
levy assigned to local authorities.
example, each of multiple agencies may require a
firm to hold a separate license to operate in its
All of these payments are in addition to the standard taxes (corporate jurisdiction.
income tax, goods and services tax, property and property transfer
taxes, fuel tax, and a tax on insurance contracts), as well as earmarked
contributions to social, transport, and development funds. In sum, a What is a local “tax”?
medium-sized fishing company registered in Aden, for instance, would
Defining what constitutes a local “tax” depends on
typically have to pay up to 15 fees plus standard taxes. The same is true for point of view. Businesses generally consider any
a hotel or construction company located in the capital city of Sana’a. payment made to a public agency as a tax,
regardless of the jurisdiction. Politicians may play
Source: FIAS (unpublished 2009 desk review of Yemeni legislation). with definitions to serve their objectives (see
Box 2).
User charges are payments that are directly tied to Source: Economist (2009).
the purchase of goods and services delivered by the
public sector. User charges, like prices in a market,
usually vary with consumption. They typically
include payments linked to garbage collection,
water or electricity (when provided by the public
sector). To be viable, user charges should be set at
full cost recovery plus return on investment. Table 1: Typology of Local Own-Source
Revenue Instruments
Regulatory fees are payments linked to a wide
variety of instruments such as licenses, permits, Instrument Revenue Source Examples
and certifications. In principle, these fees are meant
Standard taxes Compulsory payment; base (a) Profit or corporate income tax
to cover (all or part of ) the cost of administering varies by instrument
the regulation. (b) Property (land and building) taxes
Other non-tax payments from businesses to local User charges Revenue from sales of goods (a) Utility fees (water, gas, electricity)
governments, in the form of interests, royalties, and services provided directly
by the government (b) Garbage collection fees
and rents (mainly on natural resources and
government properties) as well as fines and Regulatory fees Revenue from licenses and (a) General business/trade license fees
penalties, constitute another important set of permits for regulated activities,
revenue sources. (Table 1 provides a summary of and delivery of administrative
local revenue instruments.) services (b) Construction permits
Licensing and other business regulations may Source: Adapted from Das-Gupta (2004).
involve agencies charging a fee to deliver the license
or administer the regulation. From the firms’
However, when licenses generate broader benefits for the community (such Local business environments can be improved by
as enhanced health, safety, or security outcomes) than for the business, rationalizing the use of regulatory fees. This has
then imposing licensing fees may be inappropriate and inflict undue costs not been dealt with very effectively in developing
countries, in part because practitioners have failed
on the community. In such cases, license fees essentially impose a “tax”
to integrate regulatory and fiscal aspects of the
on services provided by business that benefit the broader community. problem. Because the rationalization of regulatory
In this situation, the taxation system should ideally be strengthened so instruments typically affects local public finances,
that inefficient and costly fees can be reduced over time and eventually efficient and effective tax options need to be offered
replaced by more efficient revenue mechanisms (including strengthened to compensate for lost revenues and deliver
intergovernmental transfers or an appropriate local business tax). sustainable local reforms.
Elimination / Legalization
1 2
Comprehensive Legal?
Inventory
User fees and charges
Maximize use, and set fee as cost-recovery
plus return on investment
Purpose of
Instrument?
Source: Author.
Djankov, Simeon, Caralee McLiesh, and Rita Ramalho. Republic of South Africa. 2008. Informal SMME Tax
2006. “Regulation and Growth.” Working Paper, World Compliance Survey Report. United States Agency for
Bank, Washington D.C. http://papers.ssrn.com/sol3/papers. International Development report to National Treasury. http://
cfm?abstract_id=893321 www.fias.net/ifcext/fias.nsf/Content/Pubs_CountryReports/.
Dollar, David, Mary Hallward-Driemeier, and Taye Mengistae. Shah, Anwar. 2004. “Fiscal Decentralization in Developing
2005. “Investment Climate and Firm Performance in and Transition Economies: Progress, Problems, and the
Developing Economies.” Economic Development and Cultural Promise.” Policy Research Working Paper 3282, World Bank,
Change 54: 1–31. Washington, D.C.
Ebel, Robert D., and Serdar Yilmaz. 2002. “Concept of Fiscal Taliercio, Robert R. 2005. “Subnational Own-Source
Decentralization and Worldwide Overview,” World Bank Revenue: Getting Policy and Administration Right,” East
Institute Working Paper 30346, World Bank, Washington, Asia Decentralizes: Making Local Government Work, 107–28.
D.C. Washington, D.C.: World Bank.
Economist. 2009. “Crimson Tide: California’s budget.” January Vaillancourt, François. 1998. “Morocco and Tunisia:
10 (print edition). Financing Local Governments: The Impact of Infrastructure
Finance.” In Fiscal Decentralization in Developing Countries,
FIAS (Foreign Investment Advisory Service). 2009. “Policy ed. Richard M. Bird and François Vaillancourt, 152–71.
Framework Paper on Business Licensing Reform,” Concept Cambridge, United Kingdom: Cambridge University Press.
paper prepared by the Business Operations product team,
World Bank Group, Washington, D.C.
www.fias.net