Dar es Salaam. Having started operations on July 1 1996, Tanzania Revenue Authority (TRA) rose to become a most reliable tax collections agency—thanks to President Benjamin Mkapa’s mission to create a taxable society.
The tax collector managed to increase government’s revenues from that year’s Sh20 billion per month to Sh45 billion a month in 1997, and its record kept surging, reaching a monthly average revenues of Sh850 billion in 2013.
From the term of the founding commissioner general, Mr Melkizedeck Sanare, to the heyday of recently retired boss, Mr Harry Kitilya, TRA defied odds to become a success story in tax collection and management.
But, behind this success story, lies a troubling legacy— brutality, corruption and intimidation of against taxpayers, according to verdict issued by tax tribunal.
In a judgment dated July 18, the Tax Revenue Appeals Board (TRAB) paints the taxman as a bully whose employees willfully and blatantly disregard the law.
Board vice chairman F. N. Matogolo and members K.J. Mitto and W.M. Gibore, highlighted TRA shortfalls in a recent case filed against TRA by a Dar es Salaam-based company, Maksoor’s Shopping Centre.
The company successfully challenged a move by TRA officials to raise freight charges on two 40-foot containers from a total of $1200 (Sh1.92 million) to $5000 (Sh8 million).
Mr Maksoor maintained that the rise was arbitrary and contravened the EAC Customs Management Act, 2004, and that it was done without any objective or quantifiable data.
TRA later revised the fees to $2500 (Sh4 million), according to documents filed with the Board. The taxman argued that the appellant and his shipper failed to submit to the commissioner sufficient evidence to prove that the same freight charges applied to other importers.
In its judgment, the Board agreed that TRA charges against the company were “arbitrary and illogical.” TRA, the members noted, had no legal basis to include the higher freight charges in their tax calculation.
“…they treated this client not with deserving dignity and respect as required in TRA’s strategic plan,” they said in the judgment, before awarding Maksoor’s Shopping Centre Sh65 million in general damages for the eight months that the tax man withheld its goods worth $105,447 (about Sh169 million). Some Sh90 million had been paid as tax on the products in question. The tax demanded by TRA on the disputed increase in freight cost amounted to an additional $300 (about Sh500,000).
TRAB described the manner in which TRA handled the Maksoor issue as one of the cases in which shortcomings in taxation that fuels unnecessary disputes with taxpayers that could be avoided.
“In many countries whose economies are market driven, tax reforms aim at making the tax administration less intrusive and less coercive but with revenue maximisation from an efficient administration.
“In Tanzania…tax administration is still insufficient. The laws or their administration have become more compulsive and in many ways oppressive as well,” wrote the Board members.
Last week, TRA’s director of taxpayer service and education, Mr Richard Kayombo, told The Citizen that he had not heard of the Board’s damning view of the TRA, but hastened to say the agency takes immediate action against any proven crooked employees. He urged clients to report corrupt officials, while revealing that in 2013 alone, TRA sacked 15 dishonest employees.
“If any TRA official demands a bribe, report them to us or police for legal action… if traders don’t collaborate with us it will be difficult to end corruption.”
Mr Kayombo’s sentiments are shared by the Tanzania Freight Forwarders Association (Taffa) President, Mr Stephen Ngatunga, who feels the onus was on the part of business community to ensure they freely pay tax.
“I urge everyone to be tax compliant so as to boost the country’s economic development and obtain funds to support infrastructure development. I also advise TRA to continue with awareness workshops,” he told The Citizen in response to questions whether the current tax administration regime was friendly.
But Mr Jonson Minja of the Tanzania Business Community Association feels that TRA should further simplify its tax regime to help the small and medium businessmen struggling to at least break even.
“TRA is still bogged down by corruption and a poor tax administration. It wasn’t for nothing that our members raised issues with the introduction of electronic Fiscal Devices (EFDs,” said Mr Minja, the association’s chairman.
Some importers told The Citizen last week that arbitrary tax charges and demand for bribes by TRA employees was the reason importers continue to under-declare the value of their imports.
“There is no foolproof mechanism to determine the value of goods, which gives TRA officials the loophole to force traders into unorthodox means, which we at times succumb to avoid bankruptcy,” said an importer who requested for anonymity.
He believes that if a proper and friendly tax system is put in place, allowing transparent and proper valuation of cargoes, there would be no need for traders to cheat.
He urges the government to adopt flat tax rate for every kind of goods, for example a container of computers must have a flat tax rate, and the same must apply for containers of clothes, televisions and many others.
“By doing so TRA and port officials will be limited from determining the value of goods and decides on tax rates, this will as well eliminate corruption loopholes.”
The Citizen
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