ILLICIT FINANCIAL FLOWS: Trade misinvoicing costs South Africa $7.4bn in tax a
year. In a new report, Global Financial Integrity (GFI) estimates South Africa lost
$37-billion - $7.4-billion a year - in potential government revenue due to
trade misinvoicing between 2010 and 2014, denying the state resources to meet
its developmental goals. GFI has called illicit financial flows (IFFs) the
most damaging economic condition facing developing countries. The Washington-
based non-profit specialising in IFFs says trade misinvoicing accounts for the
majority of IFFs.It involves companies moving money illicitly across borders
by misrepresenting the value of a transaction and the report, titled South
Africa: Potential Revenue Losses Associated with Trade Misinvoicing , provides
an estimate of the total value misrepresented and calculates the tax lost.
"The practice of trade misinvoicing has become normalised in many categories
of international trade," reads the report. "GFI's very conservatively
estimated $37-billion in lost revenues over the last five years of available
data represents resources that could have made an immense difference in
housing, education, and health services and could have gone far in easing
poverty and inequality and accompanying social strains," it continued. Trade
misinvoicing occurs on both imports and exports. Companies can over-invoice
imports to shift money abroad or under-invoice imports to avoid customs duties
or VAT. They can under-invoice exports to shift money abroad and sometimes
over-invoice exports to claim rebates. The illicit practice, which essentially
involves companies lying about the value of their imports and exports to avoid
taxes, reduces government revenue, denying it custom duties, VAT, and other
taxes, as well as taking income and wealth out of the country, reducing
finances in the economy for domestic investment, consumption or savings. GFI
compared the latest available SARS data to information in the United Nations
Comtrade Database to find differences in import and export statistics between
2010 and 2014. The report says it conservatively estimates average annual
import under-invoicing to be at $16.3-billion and over-invoicing at
$9.8-billion. It estimates annual export under-invoicing at $11.6-billion and
over-invoicing at $8.6-billion. GFI then applied the relevant VAT, customs
duties, company income taxes and royalties to those figures to estimate that
the government is losing $7.4-billion in revenue a year due to trade
misinvoicing. The report looked specifically into export under-invoicing,
where companies misrepresent the value of the goods they bring into the
country to avoid taxes. Government is losing most on those taxes in the fields
of machinery, knitted apparel, and electrical machinery, it found. Issues of
illicit financial flows have gained prominence recently as government spending
is limited by the fiscally constrained environment as the economy remains weak
and SARS fails to meet its collection targets. There's also been a push to
hold corporates and high-income earners accountable. "Failure to address all
tax gaps in the absence of solid non-tax revenue indicates that it is workers
who will carry majority of the tax burden," said the EFF on IFFs in response
to the recent medium-term budget policy statement (MTBPS). "This all while
multinational companies enjoy the benefits of low tax rate and still
aggressively avoid tax and engage in profit shifting," the party continued.
The EFF has tabled a Private Members' Bill in Parliament to tackle IFFs, which
see billions transferred out of the country every year through illicit means.
Finance Minister Tito Mboweni didn't mention IFFs in his MTBPS, but delivering
the national Budget in Febuary 2018 former finance minister Malusi Gigaba said
Treasury, SARS, the Reserve Bank and Financial Intelligence Centre are
collaborating and will receive more resources to hold companies accountable.
Gigaba said international recommendations on transfer pricing and base erosion
are being implemented and that the global push for country-by-country company
reporting, where different revenue authorities will be able to compare
financial records in the various countries where countries operate, will help
ensure corporates pay their taxes. In May 2018, however, acting SARS
Commissioner Mark Kingon admitted that not enough has been done to tackle
IFFs. He said multi-agency teams were looking into nine cases involving more
than 9-billion rand. The severe reduction of staff at SARS, however, has
reportedly impacted on their investigations and without a more transparent
global financial system, which country-by-country reporting will help
introduce, it's too hard. GFI said South Africa can reduce revenue losses from
trade misinvoicing by tightening legislative and regulatory measures,
detecting misinvoicing while it happens and attempting to recover lost taxes
through audits and reviews. DM