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LOCAL GOVERNMENT TAX ADMINISTRATION 2023-1
LOCAL GOVERNMENT TAX ADMINISTRATION 2023-1
ADMINISTRATION
BACHELOR OF SCIENCE IN
TAXATION
Introduction
What is Local government?
Local government is a form of public
administration that acts within the powers
delegated to them by legislation or directives of
the central government to govern a small group
of people in a certain area of jurisdiction.
Objectives of local governments
• Local Gov’t authorities play an important role
in the delivery of public services in Tanzania.
• Theses authorities exist for the purpose of
consolidating and giving more powers to the
people to competently participate in the
planning and implementation of the
development programmes within the respective
areas and generally throughout the country.
Categories of local government
Local government in Tanzania has been
categorized into
a) Urban Authorities
b) Rural Authorities.
Categories of local government.......
continue
A. Urban authorities
• Responsible for the administration and
development of urban areas including
townships, municipals and cities
B. Rural authorities
• Rural authorities responsible for
administration and development of low levels
of local authorities including Villages, streets,
wards, and districts.
Functions of local government
Authorities
A. Main and general Functions:
a) To maintain and facilitate the maintenance of peace,
order and good governance within its area of
jurisdictions (proper administration, Laws regulations,
and good governance)
b) To promote social welfare and economic well-being
of all persons within its area of jurisdictions
c) Subject to the national policy and plans of rural and
urban development of its area of jurisdictions
Functions of local government
Authorities continues.......
B. Specific functions
• From village level to city level – (Tutorial)
Question – Tutorial
• Discuss different levels of local government
administration and their duties
LOCAL GOV’T TAX
ADMINISTRATION
• Tax administration;
• Components of tax administration;
• Local government of tax administration;
Local government tax administration
Required;
• Calculate the actual revenue from Agricultural
cess by the Council.
2nd Selection:
Services levy
• For urban authorities this is a very important
source of revenue which imposed on total
turnover of all corporate bodies or any person
conducting business
• Currently the levy is set at 0.3% of the
turnover, net of VAT and Excise duty
Example
• The ABC Co. ltd is the only entity situated in
the council jurisdiction with the total revenue
of 5,400,000,000/=. The ABC Co. Ltd is the
VAT registered entity and the figure of sales is
VAT inclusive. Other non VAT registered
traders collected the sum of 800,000,000/= in
total as their revenue sales.
• Required;
Determine the service levy collected by the
council
PROPERTY TAXATION
• Property taxation involves all procedures
necessary in levying, charging and collecting
taxes imposed on the rateable properties.
• Property tax is the tax imposed on the
properties owned by the individuals, entities
and institutions.
• Rateable properties include real estates;
buildings; structures; and any other similar
properties.
Property taxation continues
In Tanzania,
• The tax is imposed on the buildings, structures
located in Urban areas (Municipals, Cities and
Town); Township areas; and District
areas....(sec 6 of the Urban Authority Ratings
ACT CAP 289);
NB:
• The Local Government Finance Act, CAP 289
and The Urban Authority Rating Act, CAP
290 empower a local authority to levy a rate
based on immovable property situated within
the area of jurisdiction and also set the
procedures to be followed in doing so
Procedures for Property Tax
Administration
1) Identification of taxable properties
The first step in instituting property tax is to identify
the properties to be taxed.
Normally the tax is imposed on all types of property –
commercial, industrial, institutional and
residential.
2) Valuation
Valuation may be based on any of the following:
Tax procedures..... Valuation
a) Annual Rental Value
The annual rental value is the potential income
to the owner of the property from renting it
(whether it is actually rented or not).
b) Capital Value
This is the potential market sale price of the
land or the land plus its improvements e.g.
buildings, infrastructure and amenities
developed on the land.
Tax procedures..... Valuation
c) Site Value
It is the potential market value of land for sale
as if the land is sold itself without considering
any building or structure thereon (when the
property is in unimproved state).
d) Artificial basis
An artificial basis is one that does not rely on
value or cost but specifies a figure per square
meter or per room or some other methods.
Tax procedures continues.....
3) Assessment
Once valuation of all ratable properties has
been made and the relative value of each
property known and put on record, the next
step is to set a rate/tariff and apply it on the
value determined to calculate the amount due.
The ratable value is arrived at after allowing
statutory or other allowances from the relative
value, if any.
Tax procedures..... Assessment
• In Tanzania, the property tax rates vary from
the sizes, location of properties and usage
(residential, commercial or cum-residential and
commercial, industrial, farm, government,
charitable organisation, etc).
• In Tanzania, before 2016/17 property rates were
grouped into
– Flat rate for non valued properties
– Percentages of valued properties (ad-valorem rates)
Tax procedures..... Assessment
• From the financial year 2016/17 the flat rate
was to be implemented as follows;
(a)In the case of City Council, Municipal Council
and Town Council areas:
i. 12,000/= shillings p.a. or (1000/= p.m) for any
ordinary building in a plot;
ii. 60,000/= shillings p.a. (or 5000 p.m.) for each
storey/floor in a storey building;
Tax procedures..... Assessment
(b) In the case of District Council and Township
areas:
(i) 10,000/= shillings for ordinary building;
(ii) 20,000/= shillings for a storey building.
NB
THE DUE DATE FOR TAX PAYMENT IS ON
OR BEFORE 31ST DECEMEBER, EACH
YEAR
Tax procedures..... Assessment
• NB:
1. A fraction of a building belonging to one or
several co-owners in accordance with the Unit
Titles Act shall be treated as a separate building
2. “ordinary building” excludes storey building,
mud huts, thatched houses, mud houses and
such other similar houses ordinarily used for
residential purposes.”
Tax procedures continues.....
4) Billing / Invoicing
• Once the amount of tax to be paid by each
property owner is known, bills are prepared and
delivered to the taxpayer by the most reliable
method.
The bill should indicate the following:
• Name of Taxpayer and Address
• TIN
• Property Identity Number and Location
Tax procedures..... Billing
• Serial Numbers of the Bill and Date
• Amount Billed
• Due date
• Date after which penalty is due.
Tax procedures continues.....
5. COLLECTION & PAYMENT
• The Authority should provide payment
procedures to ratepayers by considering
convenience principle of taxation.
• Currently in Tanzania, TRA established
different payment mechanism including
electronic payment system and proposed
financial institutions that might be convenient
to a taxpayer and may opt for payment.
Tax procedures continues.....
6) Enforcement
It is generally acknowledged that no tax is
admired by the community, although some are
more unpopular than others. For this reason to
maximize tax revenue there must be
enforcement mechanism in place in respect of
amount due from ratepayers beyond the due
dates.
Tutorials
1) Discuss different enforcement measures to be
employed for tax recovery as stipulated in
revenue laws governing local government tax
administration.
2) Which properties are excluded from property
tax chargeability?
REVENUE COLLECTION
MECHANISM IN LGAs
• Revenue collection procedures should aim at
maximizing revenue potential from different
revenue source. This can be measured in two
ways:
a) Revenue Realization: amount of revenue
realized should proximity of actual yield to
the true potential of revenue
b) Cost: This is the amount of resources used
in collecting revenue in relation to yield.
Revenue Collection Performance
• Revenue collection performance is measured
by “collection efficiency”.
• Collection Efficiency is the actual revenue
collected as percentage of potential revenue.
• The true potential revenue is the amount of
revenue that could be collected if all the
revenuepayers were known and if they all paid
their tax obligation.
Realization of potential revenue
• To achieve maximum revenue collection, the
following should ensured:
– Revenue is collected as assessed.
– No room for fraud or collusion is left
– The revenue collected is duly accounted for by
those who collect it.
– Proper, accurate and up to date tax records are
maintained.
– The system keeps collection costs at the minimum.
Realization of revenue.......
NB:
• LGAs need to have desirable supervision and
monitoring for maximizing revenue collection
towards the designated revenue target
USER CHARGES, FEES AND
LICENSES
User charges
• User charges are used where units of service
consumed by an individual can be measured.
• User charges include
– Solid Waste
– Cesspit Emptying
– Health facility user charges
– Clearing of blocked drains
– Livestock dipping
– Meat inspection charges
User charges include……..
– Abattoir slaughter charges
– Burial charges
– Business premises inspection charges
– Fire services
Strategy to Enhance Performance on
user charges
• Administratively revenue performance can be
enhanced by:
– Ensuring that all those liable to pay for the service
are known and that they pay.
– Maintaining proper records for different chargeable
services.
– Maintaining up to date revenue data for each source
– Reviewing rates to take into account of increasing
operation and maintenance costs.
Strategy to Enhance Performance
on user charges.........
– Carrying out collection efficiency, cost recovery
and revenue per unit of service analyses
periodically.
– Improving revenue administration capacity
(competent staff, equipment etc.).
– Production of monthly and quarterly revenue
reports.
OTHER FEES
Fees
• fees are for the services of which consumption
by individuals cannot be measured.
• They include:
– Market Fees,
– Licensing fees
– Others,
Market Fees
• Market fees include stall rentals and slab dues
and also include dues collected from open
markets “Magulio”.
• Market fees are intended to fund market
services such as water, electricity, and other
public facilities provided at the market places
including infrastructure.
• The fees should ideally reflect the cost of
services provided by a local authority.
Market fee Collection Methods:
• Collection can be done through
– employees responsible for market dues or
– Appointed agents.
• Effective collection requires:
– Up to date and correct data of available stalls for
each market.
– Number of Magulio and market days
– Information on average collection weekly &
monthly.
Licensing fee
• A licence is an official document issued by an
authority that gives a permission to own, do, or
use something.
• The licence is usually issued after payment of a
certain amount of money as a fee and/ or taken
a test (in some occasion – eg driving licences).
Licences fee............
• Local government authorities derive some their
revenues from license fees.
• Below is a list of some of these licenses:
– Business License
– Intoxicating Liquor License
– Taxi, pick up and lorry license
– Street vending and hawking license
– Hunting license
– Forestry products license
Licences fee......
– Fisheries license
– Dog license
– Livestock license
– E.t.c.
Strategies to Enhance Performance on
licensing fee and other fees
• In order to improve revenue performance for
fees and licenses, every local government
authority has to take action on the following:
– Improve administrative capacity to assess revenue
base
– Ensure accurate collection and maintenance of up
to date revenue data for each source of revenue (and
in the case of licenses for each group of licenses).
– Review revenue sources and revenue yields often to
see whether it is growing or declining.
Strategies to Enhance Performance
on different fees
– Use comparative data between periods as well as
between other local authorities of the same size.
– Ensure that the system of assessing and collection
of fees minimizes incidents of corruption and
embezzlement of revenues.
– Consider outsourcing revenue collection to private
collectors to increase revenue from existing
sources.
– Ensure existence of enforcement mechanisms to
enforce sanctions.
OUTSOURCING FOR REVENUE
COLLECTION IN LGAs
• Definitions:
– Outsourcing is where an organisation or entity hires
an external firm to conduct/operate certain aspects
of its activities/operations or any other specific task
which was to be done by the company’s staff.
– Outsourcing refers to the practice of an organisation
to appoint and contracting with a third-party
supplier to provide products or services that are
currently handled (or to be handled) in-house by
staff
Advantages of Outsourcing
1) COST SAVINGS; especially on temporary
operations
2) INCREASED EFFICIENCY AND
PRODUCTIVITY Overall Performance is
expected
3) Gain access to specialized expertise.
Disadvantages of Outsourcing
• LOSS OF CONTROL - potential for loss of
control over the quality and processes is
expected since outsourcing companies operate
on their own.
• LACK OF SECURITY - Outsourcing involves
the sharing of sensitive information. Since the
other company is an independent body, there’s
always a risk of security
• COMMUNICATION ISSUES
Tips for Successful Outsourcing
1) Work with reputable firms
– extensive research before signing any contracts and
– make sure the company of choice has plenty of
experience.
2) Trust is critical
– Discuss core competencies with the company being
considered for outsourcing
TIPS continues...........
3) Establish an outsourcing liaison
– The person in this position will be in charge of
communicating with and monitoring the company
you choose as an outsourcing partner.
– Having someone specifically assigned to this task
will limit communication issues and concerns.
NB
• When an organisation outsources, their
employees can focus on their strengths and the
goals of the business while depending on
external vendors for specialized assistance in
areas outsourced.
• It allows the company to focus on a more
critical task after appointing another company
to outsource other tasks
LGA OUTSOURCING IN TZ
• In Tanzania, outsourcing of local government
revenue collection has been under the NPM
and local government reform programmes in
particular, which started in the 1996/97
(Manyanga, 2020).
Why LGAs outsourcing
1. Corruption:
• Due to insufficient collections within the
authorities based on the assumption that
outsourcing is more efficient and is likely to
reduce corruption - as the main problems which
took different forms - at the collection points
(by penalising a poor revenue collector) and
reduce tax collection costs
Why outsourcing.........
• However, other challenges resulting into
outsourcing include the following:
2. Weak human resources,
3. Poor record keeping,
4. Lack of well-established financial systems in
place and the where about of the utilization of
the generation revenue from the projects.
5. Budget issues
Why outsourcing.........
6. lack of reliable database for various sources of
revenues
7. lack of sufficient tax education
8. conflict of interest between staff in LGAs
especially in carrying out the revenue
collection responsibilities.
Provisions relating to outsourcing
• Outside the LGAs
– Section 31 of the local government finance act 2019
– Section 117 of the Local Government District
Authority Act 1982
– Section 118(2)(dd) of the Local Government District
Authority Act 1982
– Section 131(1) of the Local Government District
Authority Act 1982
– Section 16(3) of the Local Government Urban
Authority (RATING) Act R.E 2019
– Section 53(1) of the Local Government Urban
Authority Act 1982
Provisions...................
• Within LGAs
– Sections 119; 120(2); of the Local Government
District Authority Act 1982
– Sections 119; 120(2); 133; of the Local
Government District Authority Act 1982
NB
NOTATION
• LGAs do not conduct feasibility studies in order
to make sure that the outsourcing of revenue
realizes value for money including failure to
carry out revenue potential assessment of how
much the agent should remit to the Council.
• Hence, proper planning before outsourcing is
recommended by considering the proper market
condition, assessment of revenue potential, merits
of outsourcing and development of a risk
management plan.
ADMINISTRATIVE ISSUES
• FROM CENTRAL GOVERNMENT
• WITHIN LOCAL GOVERNMENT
Central Govt Control over L.G.As
• All state authority in the United Republic are
exercised and controlled by the Government of
the United Republic of Tanzania and the
Revolutionary Government of Zanzibar.
• Each Central Government has three organs that
have powers over the conduct of public affairs
:
a) The Executive;
b) The Judiciary; and
c) The Legislature.
Central Govt Control over L.G.As