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Bahan Perkuliahan

Mata Kuliah : Ekonomi Publik dan Ekonomi


Manajerial
Pertemuan : 12 (Keduabelas)

Dosen : Dr. Achmad Lutfi, M.Si.

Program Pascasarjana
Fakultas Ilmu Administrasi
Universitas Indonesia
Semester Gasal Tahun Akademik 20221-2023
13/11/2022

DESENTRALISASI FISKAL Dr. Achmad Lutfi, M. Si.

AZAS-AZAS PEMERINTAHAN (1)

1. Azas Sentralisasi
Penyelengaraan kewenangan pemerintahan dilaksanakan oleh pemerintah
pusat sendiri, tidak didelegasikan kepada pemerintah daerah.
2. Azas Desentralisasi
Terjadi pendelegasian atau penyerahan kewenangan untuk
penyelenggaraan urusan-urusan pemerintahan tertentu kepada daerah atau
tingkat pemerintahan yang lebih rendah sehingga urusan tersebut kemudian
sepenuhnya menjadi urusan rumah tangga daerah yang bersangkutan dan
tidak lagi menjadi kewenangan pemerintah pusat atau tingkatan
pemerintahan yang lebih tinggi.

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AZAS-AZAS PEMERINTAHAN (2)

3. Azas Dekonsentrasi
Dengan azas ini berarti urusan-urusan yang menjadi tanggung jawab
pemerintah pusat dalam pelaksanaannya ditangani oleh aparat pemerintah
pusat yang berada di daerah, instansi vertikal.
4. Azas Tugas Perbantuan (Madebewind)
Dalam azas tugas perbantuan berarti pelaksanaan urusan-urusan tertentu,
yang seharusnya menjadi urusan tingkat pemerintahan yang lebih tinggi, oleh
tingkat pemerintah an yang berada di bawahnya.

DEPTH OF DECENTRALIZATION

 Deconcentration.
 Responsibilities are moved downstream.
 Delegation.
 Local government are agent of central government.
 Devolution.
 Power to decide is moved downstream.

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UP- OR DOWN- STREAM ?

 Bottom up approach.
 Emphasizes participation and efficiency.
 Top down approach.
 Shift problem (deficit) from central government.
 Decentralization.
 Bottom up requires genuine democracy.

POTENTIAL PROBLEM

 Decentralization may cause an unstable macro economy (Argentina, Brazil,


China).
 This occurs when revenue and expenditure decentralized are unbalance.
 But : south Africa and Columbia managed these problem.

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DESENTRALISASI DAN OTONOMI DAERAH

 Konsep desentralisasi erat kaitannya dengan penyelenggaraan sistem


pemerintahan dan pelaksanaan proses pembangunan.
 Pelaksanaan desentralisasi yang berwujud pada otonomi daerah, merupakan
gejala yang tidak terhindarkan dan diimplementasikan oleh hampir seluruh
negara di dunia dengan segala variasinya sesuai kondisi dan karekteristiknya.

DESENTRALISASI DAN FUNGSI/ KEWENANGAN

Sistem pemerintahan disusun sebagai konsekuensi diterapkannya azas-azas


pemerintahan di suatu negara. Sistem pemerintahan merupakan mekanisme
bagaimana fungsi pemerintahan dijalankan, dimana bentuk operasionalnya
adalah bagaimana suatu urusan/kewenangan diselenggarakan oleh pemerintah,
siapa yang menjalankannya, kepada siapa harus dipertanggungjawabkan,
termasuk siapa yang harus menyediakan pendanaannya.

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KEWENANGAN DAN PEMBIAYAAN

Untuk menjalankan kewenangan/kekuasaan yang diberikan ini, tentunya


pemerintah daerah memerlukan sumber daya yang cukup. Menurut analisis Nellis
(1983) dan Mathur (1983) pada pelaksanaan kewenangan/kekuasaan yang
telah didesentralisasikan di Afrika Utara dan Asia, yang penting diperhatikan
agar desentralisasi dapat berjalan dengan baik adalah the importance of
financial resources, administrative capacity, and technical support to success full
development planning and management at the regional and local level.

FUNGSI PEMERINTAHAN DAN SUMBER


PEMBIAYAANNYA
1. Kepada daerah diberikan sumber-sumber keuangan terlebih dahulu, baru
berdasarkan sumber-sumber keuangan yang telah dimilikinya kepada
daerah diserahkan fungsi-fungsi atau tugas-tugas tertentu untuk dilaksanakan
(function follow money).
2. Fungsi-fungsi atau tugas-tugas pemerintahan antara pemerintah pusat dan
pemerintah daerah dibagi terlebih dahulu baru kemudian kepada daerah
diberikan sumber-sumber keuangan yang dibutuhkan untuk menjalankan
fungsi-fungsi yang telah diberikan terlebih dahulu (money follow function).

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KEMAMPUAN KEUANGAN DAN DESENTRALISASI

 Kemampuan keuangan merupakan komponen penting dari desentralisasi.


 Jika pemerintah daerah ingin melakukan menjalankan desentralisasi secara
efektif, maka harus memiliki kemampuan keuangan yang cukup, menggali PAD
atau memperoleh transfer dari tingkatan yang lebih tinggi.

DESENTRALISASI FISKAL

 Desentralisasi fiskal ini dapat didefinisikan sebagai devolusi (penyerahan)


tanggung jawab fiskal dari pemerintah pusat kepada tingkatan pemerintahan
yang ada dibawahnya, sub-national levels of government, seperti negara
bagian, daerah, propinsi, distrik, dan kota.
 Pada kenyataannya, isu yang berkembang dan menarik dalam kajian
desentralisasi fiskal adalah pemberian tanggung jawab fiskal yang lebih jelas
pada tingkatan pemerintahan yang tepat.

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DEFINITIONS

 Fiscal Decentralization refers to an intergovernmental system where the balance of


power moves toward the sub national government sector.

 Intergovernmental Fiscal Relations refers generally to division of fiscal powers and


responsibilities among levels of government.

ADVANTAGES OF FISCAL DECENTRALIZATION

 Move Government closer to the people.


 Broaden the Tax Base.
 Allow for alternative service delivery in social services.

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COMPONENTS OF SYSTEM OF FISCAL


DECENTRALIZATION (1)
 Necessary Conditions.
Elected Local Council.
Locally Appointed Chief Officers.
Significant Local Government Revenue Capacity.
Significant Local Government Expenditure Responsibility.
Budget Autonomy.
Hard Budget Constraint.
Transparency.

COMPONENTS OF SYSTEM OF FISCAL


DECENTRALIZATION (2)
 Desirable Conditions.
Freedom from Excessive Central Expenditure Mandates.
Unconditional Transfers from Higher Level Governments.
 Borrowing Powers.

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OBSTACLES TO
FISCAL DECENTRALIZATION
 Increase in Number of Local Units of Government.
 Unfunded Mandates.
 Failure to Devise Expenditure Assignment.
 Too Few Tax Sources for Local Units.
 Failure to Develop Credit and Borrowing System.
 Financial Controls Retained by Central Level.
 Lack of Intergovernmental Fiscal System based on Transparency Rather than
Negotiation and Political Influence.

FORMS OF
FISCAL DECENTRALIZATION
1. Self-financing or cost recovery through user charges.
2. Co-financing or coproduction, in which users participate in providing services and
infrastructure through monetary or labor contributions.
3. Expansion of local revenues through property or sales taxes or indirect charges.
4. Intergovernmental transfers of general revenues from taxes collected by the
central government to local governments for general or specific uses.
5. Authorization of municipal borrowing and mobilization of national or local
government resources through loan guarantees.

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LOCAL BORROWING

 Advantage: Capital investments.


 Problems:
 moral hazard.
 expectations of bailing out.
 can increase instability (expenditures far exceed tax revenue).

SOLUTIONS

 Increased tax powers to LG (many rich countries).


 Allow LGs to bankrupt (Morocco).
 Use fungible transfers as collateral (Tunisia, South Africa, Argentina)…
• …but this requires high predictability of transfers (through law or the
constitution).

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LOCAL TAXING POWERS

 Local capacity.
 Upstream accountability (Uganda).
 Downstream accountability (information to voters and tax payers).
 High autonomy can work (Colombia, Pakistan).

PROBLEM WITH LOCAL TAXES

 Vertical imbalance:
 CG collects taxes more efficiently.
 Solution: residents pay for what they get - and no more (no tax exporting).
 Horizontal imbalance:
 Some regions are richer than others.
 Solution: transfers (Nordic countries).

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TRANSFERS

 Targeted transfers are often used for infrastructure (Morocco, Tunisia).


 Fungible transfers may also work (Colombia, rich countries)…
…but require high local capacity.
 Alternative may be Social Investment Funds (SIFs).

PENERIMAAN POKOK DAERAH DI INDONESIA (1)

1. Psl. 2, UU No. 32/1956


Pajak Daerah; Retribusi Daerah; Hasil Perusahaan Daerah; Pendapatan
Negara yang diserahkan ke daerah; Ganjaran; Subsidi; Bantuan.
2. Psl. 3, UU No. 25/1999
PAD; Dana Perimbangan; Pinjaman; Lain-lain penerimaan yang sah.

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PENERIMAAN POKOK DAERAH DI INDONESIA (2)

3. Psl. 5, UU No. 33/2004


Pendapatan Daerah (PAD, Dana Perimbangan, dan Lain-lain Pendapatan) dan
Pembiayaan (sisa lebih perhitungan anggaran daerah, penerimaan pinjaman
daerah, dana cadangan daerah, dan hasil penjualan kekayaan daerah yang
dipisahkan).
4. Psl. 285, UU No. 23/2014
Pendapatan Asli Daerah; Pendapatan Transfer; dan Lain-lain Pendapatan
Daerah yang Sah.

PENERIMAAN POKOK DAERAH DI INDONESIA (3)

5. UU No. 01/2022
Pendapatan Asli Daerah; Transfer ke Daerah; dan Lain-lain Pendapatan
Daerah yang Sah.

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PENDAPATAN ASLI DAERAH (1)

1. UU No. 32/1956
Pajak daerah; Retribusi daerah; Hasil perusahaan daerah; Pendapatan sah
yang diatur undang-undang; (Pendapatan dinas).
2. UU No. 25/1999
Pajak daerah; Retribusi daerah; Hasil perusahaan milik daerah; Hasil
pengelolaan kekayaan daerah yang dipisahkan; Lain-lain pendapatan daerah
yang sah.

PENDAPATAN ASLI DAERAH (2)

3. UU No. 33/2004
Pajak daerah; Retribusi daerah; hasil pengelolaan kekayaan daerah yang
dipisahkan; lain-lain PAD yang sah (hasil penjualan kekayaan daerah yang
tidak dipisahkan, jasa giro, pendapatan bunga, keuntungan selisih nilai tukar
rupiah terhadap mata uang asing, dan komisi, potongan, ataupun bentuk lain
sebagai akibat dari penjualan dan/atau pengadaan barang dan/atau jasa
oleh daerah).
4. UU No. 23/2014
Pajak daerah; Retribusi daerah; Hasil pengelolaan kekayaan Daerah yang
dipisahkan; lain-lain pendapatan Daerah yang sah.

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PENDAPATAN ASLI DAERAH (3)

5. UU No. 01/2022
Pajak daerah; Retribusi daerah; Hasil pengelolaan kekayaan Daerah yang
dipisahkan; dan lain-lain pendapatan asli daerah yang sah sesuai dengan
peraturan perundang-undangan.

PENYERAHAN PAJAK KEPADA DAERAH (1)

 UU No. 32/1956 (Psl. 3) dan PP No. 3/1967


• Daerah Tingkat I (Pajak Verponding Pajak Jalan Pajak Potong Hewan).
• Daerah Tingkat II (Pajak Verponding Indonesia, Pajak Jalan, Pajak Potong
Hewan, Pajak Kopra, Pajak Pembangunan I ).

 UU No. 16/1968
• Pajak Bangsa Asing.
• Pajak Restoran.
• Bea Balik Nama Kendaraan Bermotor.

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PENYERAHAN PAJAK KEPADA DAERAH (2)

 UU No. 28/2009
• Pajak Bumi dan Bangunan Sektor Perdesaan dan Perkotaan.
• Bea Perolehan Hak atas Tanah dan Bangunan.

PENDAPATAN TRANSFER ANTAR PEMERINTAHAN


DI INDONESIA
a. Transfer Kepada Daerah
 Dana Bagi Hasil.
 Dana Alokasi Umum.
 Dana Alokasi Khusus.
 Dana Otonomi Khusus.
 Dana Desa.
b. Transfer antar Daerah
 Bagi Hasil Pajak Daerah.
 Bagi Hasil Retribusi Daerah.

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DAFTAR PUSTAKA (1)

Bird, Richard M., and Franˆҫois Vaillancourt. “Fiscal decentralization in developing


ˆ
Countries: an overview” dalam Richard M. Bird, and Franˆ ҫois Vaillancourt.
ˆ
1998. Fiscal Decentralization in Developing Countries, New York: Cambridge
University Press. Ch. 01.
Shah, Anwar., “Indonesia and Pakistan: fiscal decentralization – an elusive goal ?”
dalam Richard M. Bird, and Franˆҫois Vaillancourt. 1998. Fiscal Decentralization
ˆ
in Developing Countries, New York: Cambridge University Press. Ch. 04.
The World Bank. 1999. World Development Report 1999/2000: Entering the 21st
Century. New York, N.Y.: Oxford University Press Inc.. Ch. 05.

DAFTAR PUSTAKA (2)

Taliercio, Robert R.. “Subnational Own-Revenue: Getting Policy and Administration


Right.” The World Bank. 2005. East Asia Decentralizes: Making Local
Government Work. Washington DC.: The World Bank. Ch. 06.
Bahan lainnya yang relevan.

17
C
h
a

5
p
t
e
r

Decentralization:
Rethinking
Government

P
eople around the world are demanding This chapter argues that the success
greater self-determination and influence of decentralization depends on its de-
in the decisions of their governments— sign. It reviews developing countries’
a force this report has labeled localiza- experience with decentralization and
tion. Some 95 percent of democracies shows that the stakes are high. Drawing
now have elected subnational govern- on this experience, it offers guidelines
ments, and countries everywhere—large for improving the political, fiscal, and
and small, rich and poor—are devolv- administrative institutions of decentral-
ing political, fiscal, and administrative ization. This advice is not only relevant
powers to subnational tiers of govern- to countries that have already decentral-
ment (box 5.1).1 But decentralization is ized. It can also help the many coun-
often implemented haphazardly. Deci- tries now embarking on this path avoid
sionmakers do not always fully control some of the major hurdles that have
the pace or genesis of the decentrali- confronted their predecessors.
zation process. Even when they do,
What is at stake?
models of decentralization are often ex-
ported from one country to another The experience of the last 15 years
without regard for local political tradi- shows that the devolution of powers
tions, regulatory frameworks, or prop- affects political stability, public ser-
erty rights. vice performance, equity, and macro-
Decentralization itself is neither economic stability.2
good nor bad. It is a means to an end,
often imposed by political reality. The Political stability
issue is whether it is successful or not. A primary objective of decentralization
Successful decentralization improves is to maintain political stability in the
the efficiency and responsiveness of the face of pressures for localization. When
public sector while accommodating a country finds itself deeply divided,
potentially explosive political forces. especially along geographic or ethnic
Unsuccessful decentralization threatens lines, decentralization provides an insti-
economic and political stability and tutional mechanism for bringing oppo-
disrupts the delivery of public services. sition groups into a formal, rule-bound

     ⁄ 

Box 5.1 Box 5.2


Decentralization as the devolution of powers South Africa and Uganda: unifying a country
through decentralization
Decentralization entails the transfer of political, fiscal, and
administrative powers to subnational units of government. South Africa and Uganda have adopted ambitious decen-
A government has not decentralized unless the country tralization programs and, despite some difficulties with im-
contains “autonomous elected subnational governments plementation, are emerging as two important models for
capable of taking binding decisions in at least some policy devolving centralized power.9 The models operate in dif-
areas.”3 Decentralization may involve bringing such gov- ferent contexts: a middle-income and predominantly urban
ernments into existence. Or it may consist of expanding country (South Africa), and a low-income, predominately
the resources and responsibilities of existing subnational rural country (Uganda). But both have the same goal: to re-
governments. The definition encompasses many varia- unify the country.
tions. India, for example, is a federal state, but the central South Africa. Apartheid fostered a dual structure of
government has considerable power over subnational gov- government based on race. For whites, it promoted ac-
ernments. Political power in China is officially centralized, countability, political involvement, and effective service
but subnational units have substantial de facto autonomy delivery. But blacks, spatially segregated in “homelands”
in what can be described as “decentralization Chinese and “townships” on the fringes of urban areas, had lim-
style.” ited access to public goods and services. To reverse this
Central governments can devolve their powers in other racial system, the new constitution provides for a compre-
ways. Deconcentration increases the autonomy of staff in hensive decentralization policy, which the leadership has
regional offices, while privatization moves responsibility been implementing.
The racial jurisdictions were formally abolished along
out of the public sector altogether. The policy implications
with the system of apartheid. The country was subdivided
differ. Deconcentration preserves the hierarchical relation-
into 9 provinces, 5 metropolitan areas, and 850 munic-
ship between field staff and the central government. Pri-
ipalities, all racially mixed and with democratically elected
vatization eliminates it altogether, introducing the profit
governments. The central government retains primary fis-
motive instead. Decentralization shifts the focus of ac-
cal responsibility for expenditures that have a major redis-
countability from the central government to constituents,
tributive impact, such as health and education, but metro-
usually through local elections.
politan governments have been restructured to implement
policies at the local level. Some difficulties remain—for ex-
ample, how to divide responsibility for health and educa-
tion between the central government and the provinces.
But decentralization has succeeded in becoming one of
bargaining process.4 In South Africa and Uganda decen- South Africa’s main instruments of unification.
tralization has served as a path to national unity (box Uganda. The task President Museveni faced when he
5.2). In Sri Lanka it offers a potential political solution assumed power in 1985 was to reunite a country that had
splintered into hostile factions during years of turmoil. The
to the civil war. It is an instrument for deflating seces-
broad-based politics of “resistance councils” and commit-
sionist tendencies in Ethiopia and Bosnia and Herzego- tees that had been developed during the years of civil war
vina (box 5.3). In Colombia centralized party elites re- helped pacify most parts of the country. This system—
lied on decentralization to gain grassroots support, which entails giving power to the people of a village (the
council) to freely choose their leaders (committees)—
particularly in areas under rebel control.5 And Russia’s served as the basis for the local government policy en-
transformation into a decentralized federal system can be shrined in the 1995 constitution. The 46 districts, which
seen as a means of conceding enough power to regional are subdivided into smaller units down to the village level,
interests to forestall their departure from the republic.6 have taken on substantial responsibilities for education,
health, and local infrastructure. They now account for 30
percent of overall government spending.
Public service performance Uganda still faces problems with implementing decen-
The classic argument in favor of decentralization is that tralization. Limited local capacity and resistance from cen-
it increases the efficiency and responsiveness of govern- tral ministries have hobbled the transfer of responsibilities.
The revenues local governments control (primarily user
ment.7 Locally elected leaders know their constituents charges and local taxes) have not increased as much as ex-
better than authorities at the national level and so pected, and grants still account for 80 percent of local re-
should be well positioned to provide the public services sources. Despite increased participation, local services and
management have not become significantly more respon-
local residents want and need. Physical proximity makes sive to local preferences—although this is now improving.
it easier for citizens to hold local officials accountable Even with these difficulties, however, decentralization has
for their performance.8 Finally, if the population is mo- been much more successful in maintaining national unity
bile and citizens can “vote with their feet” by moving than the previous policies of centrally imposed controls.

to another jurisdiction, decentralization can create


:   

Box 5.3
Bosnia and Herzegovina and Ethiopia: decentralization as a response to ethnic diversity

Ethiopia and Bosnia and Herzegovina illustrate the tension be- self-determination within a common political and economic
tween political imperatives and economic efficiency that community. The 1994 constitution, which establishes subna-
emerges in countries with ethnic tensions. tional boundaries and mechanisms for intergovernmental fis-
Bosnia and Herzegovina. The possibilities for instituting “ef- cal relations, stipulates that regions shall be formed on the
ficient” federalism and equalization in an ethnically polarized basis of ethnic settlement patterns, language identity, and the
society are limited. The Dayton Peace Agreement, which ad- consent of the people concerned. Subgroups within the mem-
dressed the challenges of governing Yugoslavia’s successor ber states have the right to establish their own states, and
states, had the potential to solidify relations among the three states have the right to secede from the federation.
ethnic groups that ratified it. But the agreements had to com- The Ethiopian system differs from the Bosnian federalist
promise on some key principles of fiscal federalism to reach a structure in one key way: in Ethiopia the central government
politically acceptable solution. The Dayton agreement limited retains control of most tax revenues and has a strong redistrib-
the state’s authority to international relations (including customs utive role. Central transfers consist of block grants determined
and trade policies, debt service, and debt management), central according to population, development indicators, and revenue
banking (through a currency board), and telecommunications performance. The poorer regions receive as much as 75 per-
and national transport infrastructure. The national government’s cent of their revenues through these grants. But the capital,
only revenues are now passport fees and transfers from its two Addis Ababa—which is the richest region—receives no central
constituent entities, the Federation and the Republika Srpska. It government support. State-level spending is kept under con-
has few spending powers and no redistributive functions. All trol by federal regulations on domestic borrowing and by a
taxing powers belong to the two entities, which are responsi- block grant formula that reduces regional transfers in propor-
ble for all other spending, including defense, pensions, health, tion to external borrowing and donor grant flows. States are
and local roads. The entities are divided further into local gov- free to spend their block grants as they choose, subject only
ernments that are responsible for education, housing, social to federal auditing.
transfers, and public services. There are no cross-subsidies Ethiopia faces two challenges in its decentralization model.
across the two entities and very few across local governments. One is to develop stronger state revenue sources to deflect
The state faces challenges in carrying out even its minimal ethnic tension — especially resentment from ethnic groups in
responsibilities, since it relies on transfers from the entity gov- richer regions that receive less in government transfers. The
ernments. Moreover, since economic conditions differ sub- second is to strengthen local governments, which are respon-
stantially across the country, large inequalities are likely to de- sible for delivering most services but do not have the neces-
velop among and within the entities. sary capacity.
Ethiopia. Ethiopia’s system of intergovernmental relations
is designed to accommodate the rights of citizens to ethnic Source: Fox and Wallich 1997; World Bank 1999b.

competition among local governments to better satisfy of decentralization makes all the difference. In Central
citizens’ needs.10 America, decentralizing management responsibilities
But evidence supporting these arguments is scanty— from the central government to provincial and local
not because there is evidence to the contrary, but rather levels had little effect on the primary education sector.
because the causal relationships are difficult to prove. But decentralizing management responsibility directly
Governments perform a variety of functions under to the schools did improve educational performance.12
vastly different circumstances, which complicates com- Decentralization can also lower the quality of pub-
parisons of performance in a country before and after lic services, as it has in Latin America and Russia.13
decentralization, or across countries between central- Conceding power to local governments is no guarantee
ized and decentralized systems. Moreover, efficiency that all local interest groups will be represented in local
and responsiveness can be hard to measure, and indica- politics. It may simply mean that power is transferred
tors are seldom readily available.11 from national to local elites. In India, for instance, local
How decentralization affects access to and quality of participation depends on social caste, and the poor have
public services depends on the way it is designed and little influence.14
implemented. What local governments can achieve de-
pends on the resources and responsibilities they are Equity
granted and on the power of national governments to Whether decentralization exacerbates income differ-
override their decisions, as happens in India (box 5.4) ences among regions or becomes a positive force in ef-
and Zambia. Even within a particular sector, the mode forts to alleviate poverty depends on two factors. The
     ⁄ 

Box 5.4
India: a decentralizing federation?

India has a federal constitution that gives its states substantial states. States were not under any obligation to hold regular
fiscal and regulatory powers. But three elements undercut local elections, and state-run agencies controlled most local
those powers. First, the constitution also has strong unitary fea- functions, including urban planning and local infrastructure.
tures, enabling the central government to dissolve state gov- Under the amendments states continue to define local govern-
ernments and take over their administration. Second, central ments’ powers and resources and name their chief executive
planning—which until recently governed India’s economy— officers. They also retain the power of supersession—that is,
blunted the economic powers of states. Third, national parties the right to dissolve a local government and take over its pow-
traditionally dominated subnational politics. Thus state bud- ers. However, the amendments suggest a list of local respon-
getary outcomes were the result of centrally defined develop- sibilities for inclusion in state constitutions and call for the cre-
ment policies and, in practice, state-level regulatory powers ation of state-level financial commissions to oversee fiscal
had little meaning. relations between states and local governments. Most impor-
The relative centralization of India’s federalism is changing, tant, states are required to hold elections within six months of
however. The gradual weakening of central planning and the superseding a local government.
growing strength of regional parties in national coalition govern- Implementing the amendments has been a slow process,
ments are strengthening state governments and allowing them and some states have progressed more than others. With one
a larger role in defining their development priorities. But most exception, all states have held local elections and are observ-
states are having difficulties growing into their new role. Many ing the supersession rule. The proposed local functions are now
are saddled with excessive debt and unsustainable wage and part of most states’ legislation, and a number of states have
pension bills and have few incentives to mobilize their own re- set up finance commissions that have submitted recommen-
sources. A few states, including Andhra Pradesh, Uttar Pradesh, dations. However, state governments have been slow to im-
Orissa, and Haryana, are improving their financial situation and plement these recommendations and to enable local bodies to
are making increasing use of the powers constitutionally execute the newly devolved functions. Recent assessments
granted to them. show that Gujarat, Karnataka, Kerala, Madhya Pradesh, Maha-
The trend toward greater decentralization in India was rein- rashtra, and West Bengal have made the most progress in de-
forced in 1992 by the passage of the 73rd and 74th Amend- volving powers to local governments.
ments, which offered constitutional recognition to local gov-
ernments. Until then, the constitution had made no mention Source: Hemming, Mates, and Potter 1997; Mathur 1999;
of local governments, which were effectively creatures of the Mohan 1999; World Bank 1998i.

first is horizontal equity, or the extent to which subna- those of wealthier provinces, but expenditures are 59
tional governments have the fiscal capacity to deliver percent as a result of transfers from the central govern-
an equivalent level of services to their population.15 ment.17 In Australia, Canada, and Germany grants guar-
The second can be described as within-state equity, or antee a minimum level of per capita expenditures for
the ability or willingness of subnational governments essential services in all regions. In other countries the
to improve income distribution within their borders. goal is to ensure similar levels of service.18 A difficulty
An additional complication springs from the fact that with equalization grants is that subnational govern-
responsibilities for social services and direct income re- ments may differ in their willingness to raise taxes. Fur-
distribution are typically shared across different tiers of thermore, the grants create an incentive for subnational
government that have access to different sets of infor- authorities to understate their tax bases or relative
mation and may have different objectives.16 wealth in order to maximize transfers.19
Horizontal equity. Tax bases vary substantially from Within-state equity. In most countries income in-
region to region and city to city, but tax rates cannot. A equality is due more to differences among individuals
local government with a relatively small tax base cannot within a state or province than to differences among the
compensate by imposing much higher tax rates without states or provinces themselves.20 Providing poorer re-
losing businesses and residents to jurisdictions with gions with additional resources, then, affects only one
lower taxes. The costs of providing public services may aspect of the equity problem. Evidence from India
also vary because of regional characteristics such as pop- and Indonesia shows that even dramatic redistribution
ulation density and geographic location. To correct for across regions will have limited results unless targeting
such variations, most decentralized fiscal systems in- is improved within regions themselves.21 This, in turn,
clude equalization grants. In Vietnam the per capita tax depends on the ability and willingness of the local gov-
revenues of low-income provinces are only 9 percent of ernment to engage in redistribution.
:   

Recent studies have shown that local officials and The result—seen in many Latin American countries—
community groups are better placed to identify and is large central government deficits. More generally,
reach the poor than central authorities. In Albania, for separating taxing and spending powers allows subna-
example, local officials had considerable success in tional governments to incur only a fraction of the po-
targeting the poor—far better than expected, given litical and financial costs of their expenditures, espe-
available statistical information on income and family cially when most local resources are funded out of a
characteristics.22 In Uzbekistan elected neighborhood common national pool of tax revenues.
committees were able to increase both the efficiency The threat of macroeconomic instability is a serious
and the cost-effectiveness of targeting.23 Their success issue only in countries where subnational governments
suggests that local officials have access to social net- control substantial resources—usually, large federations
works that help them identify the truly needy. But this or very decentralized wealthy countries (figures 5.1 and
may not be the case in very large jurisdictions, such as 5.2).27 But even in these cases the evidence connect-
China’s provinces. ing decentralization and macroeconomic instability is
Subnational governments differ in their responsive- mixed. Several studies suggest that decentralization has
ness to the needs of the poor. A recent review of an Ar- not undermined stability in the United States or in
gentine social program that is funded by the central gov- Western European countries. In Latin America subna-
ernment but implemented by provinces found that tional governments’ contribution to the national deficit
poverty targeting varied substantially across provinces. was negligible in most countries, except federal ones.28
When reforms were introduced to improve the pro-
From centralized to decentralized governance
gram’s reach to the very poor, most of the improvements
were due to reforms in intraprovincial targeting and bet- A decentralization program needs to be adapted to a
ter national monitoring of provincial performance.24 country’s prevailing conditions. However, the experi-
Similarly, in Bolivia it was only when decentralization ence of the past 15 years has yielded some universal
gave communities more power to influence their local
governments that the composition of local public expen- Figure 5.1
ditures shifted in favor of the poor.25 Subnational expenditures are a small share of
Success in targeting the poor requires, therefore, a public expenditures, except in industrial
combination of national and subnational efforts. In countries and large federations
general, the bulk of the funding needs to remain a cen-
Subnational expenditures
tral government responsibility, but the better informa- (percentage of total government expenditures)
tion available to local officials can be tapped by involv- 50
ing local governments in the delivery and management
of social services. Central government needs to retain a 40
monitoring role, however, to ensure that redistributive
goals are satisfied. 30

Macroeconomic stability
20
Decentralization, if handled poorly, can threaten
macroeconomic stability.26 Fiscal decentralization re-
10
duces the central government’s control over public re-
sources. The government of the Philippines, for exam-
ple, is required to share nearly half its internal tax 0
Developing Transition Industrial Large
revenue with subnational governments, limiting its countries economies countries federations
(excl. transition (industrial and
ability to adjust the budget in response to shocks. economies developing)
and China)
Deficit spending by local governments can also thwart
central government efforts to cool the economy by re- Note: Graph shows median values rather than averages. Subnational
straining public expenditure. expenditures are most recent available observations after 1990.
Large federations are Argentina, Brazil, Canada, India, Mexico, the
When revenues are decentralized before expenditure Russian Federation, and the United States.
responsibilities, central governments are forced to Source: Appendix table A.1.
maintain spending levels with a smaller resource base.
     ⁄ 

Figure 5.2 erature on constitutionalism makes a strong case for


Local governments never control a large share establishing the most fundamental of these rules—
of public resources
choosing the heads of state and government, electing
members of the legislature, distributing power among
Subnational and local taxes
(percentage of total government taxes) branches of government—in a form that can be altered
40 only by exceptional majorities or complicated amend-
35
ment procedures.30 To be sustainable, such rules must
Local taxes
Subnational
be “self-enforcing”—that is, all parties must believe
30
taxes they have more to gain by adhering to the rules than
25 they do by breaking them.31
20
Rules should be explicit, stable, and self-enforcing.
But how should a country decide what their substance
15
should be? The answer involves three broad areas of
10 analysis: the division of national political power be-
5
tween national and subnational governments; the struc-
ture, functions, and resources assigned to subnational
0
Developing Transition Industrial Large
governments; and the electoral rules and other politi-
countries economies countries federations cal institutions that bind local politicians to their
(excl. transition (industrial and
economies developing) constituents.
and China)

Note: Graph shows median values rather than averages. Local taxes
Balancing political power between central
and subnational taxes are most recent available observations after and local interests
1990. Large federations are Argentina, Brazil, Canada, India, Mexico,
the Russian Federation, and the United States. The rules that govern relations between the central and
Source: Appendix table A.1. subnational levels are almost always established at the
national level, generally by the central government.32
Even when these rules are incorporated into constitu-
lessons, which countries currently decentralizing can tions or treaties, they are still subject to renegotiation
use to their advantage. One such lesson is the need for and to varying interpretations as to appropriate imple-
a coherent set of rules to replace the hierarchical system mentation.33 The balance of powers between national
of governance characteristic of centralized systems. and subnational governments will therefore depend on
A major challenge of decentralization is to institu- the influence of regional interests on the national gov-
tionalize the balance of power between the national and ernment. And the stability of this balance of powers
local governments. This requires rules that both protect hinges upon the design of institutions that make it in
and limit the rights of subnational governments. Such the interest of national and subnational political elites
rules come in a variety of forms. Some are unwritten. to cooperate with each other.
No law prohibits the United States government from
providing relief to states in default, for example. Nor Moderating regional influence
does Turkish law require the national government to on the national government
bail out its defaulting municipalities. Yet in both cases The influence of subnational interests on the national
these are well-established practices that influence the government depends on two factors. The first is the
expectations of lenders and borrowers. way regional interests are incorporated in the national
Making the rules of decentralization explicit and legislature, which determines a subnational govern-
reasonably permanent reduces uncertainty and provides ment’s ability to pressure the national government to
a common ground for all players in the political process. change rules. The second factor is the strength of the
Informal, negotiation-based decentralization is difficult national executive, which influences the central govern-
to manage, as illustrated by China’s experience (box ment’s ability to withstand such pressure.
5.5). Rules enable subnational governments to coordi- Regional interests and the legislature. Seats in parlia-
nate a defense against an overassertive central govern- ment may be allocated to give equal representation to
ment while restricting their ability to bargain.29 The lit- states or provinces, thereby favoring norms of territor-
:   

Box 5.5
Decentralization in China

China is formally constituted as a unitary state, and the dominant government’s enterprise income tax) and transferred tax funds
political party—the Chinese Communist Party—recommends that would otherwise have been shared with the central gov-
candidates for the posts of governor and mayor for ratification ernment into local extrabudgetary accounts.
by the People’s Congress.34 But political and economic power In 1994 new reforms created separate tax administrations
has dispersed markedly in recent years, particularly since the for national and local taxes, a step that increased the central
reforms of 1978. The number of posts controlled directly by government’s share of tax revenues but remains highly un-
the central organization of the party declined from 13,000 to popular. Five years later the principle that taxes belong to the
5,000, and central planning has largely been abandoned. Under central government unless specifically assigned to localities is
such conditions, local leaders have more incentives to gener- still widely contested at the local level. Further, subnational
ate local economic prosperity than to follow some nationally governments continue to rely on extrabudgetary funds—some
determined economic goal, and they have acquired substan- of them illegal—for the largest share of revenues. These
tial autonomy in designing and implementing policy. China’s funds, combined with frequent (and also illegal) provincial
central government can no longer unilaterally recapture the deficits, confer substantial fiscal independence on provincial
powers it has conceded and may not even want to. In Febru- administrations.
ary 1999, when a township elected its leader directly for the Decentralization Chinese-style does allow for considerable
first time, the outcome was broadcast on national television, subnational autonomy. It creates incentives for local officials
signaling official support for this event. to work toward local prosperity and has also been an effective
China’s approach to decentralization relies on negotiations tool for instituting market reforms. But over time, the absence
rather than rules to define relations between the central gov- of clear rules may threaten its successes. Decentralization has
ernment and the four subnational tiers—provinces, prefec- accentuated a prereform tendency toward a fiefdom mentality
tures/cities, counties, and towns. The allocation of responsibil- that hampers efforts to unify the national market and periodi-
ities across tiers of government remains unclear except for cally threatens central control over macroeconomic stability.
health and education, which are controlled by the provinces. Moreover, while administrative discretion has helped preserve
On the revenue side, until the early 1990s local governments the momentum for growth and reform, it has also created op-
were responsible for administering and collecting a large pro- portunities for rents that can be appropriated through financial
portion of central government taxes, but their loyalty shifted corruption or political patronage. Official statistics show that
away from the national government to the subnational level. by the end of 1998, 158,000 officials had been penalized by
Provincial tax officers often used the tax administration sys- the Party’s Commission for Discipline Inspection, and corrup-
tem to establish tax autonomy. They entered into direct nego- tion was one of the main themes of the National People’s Con-
tiations with enterprises for payments (in lieu of the central gress, China’s parliament, in March 1999.

ial representation over norms of population (or citizen) the regional governments themselves, as they are in
representation. In bicameral systems the upper house Germany, India, Pakistan, and South Africa.36 In Rus-
commonly gives equal weight to states and thus repre- sia provincial governors and prime ministers serve in
sents regional interests in the national legislature. Sen- the upper house on an ex officio basis. In principle,
ates in Argentina and Mexico award an equal number such explicit representation renders the upper house a
of seats to each state or province regardless of popula- tool of regional governments. Again, however, the im-
tion, giving small units of government disproportional pact on the national legislature depends on the powers
voting power. In the Argentine senatorial elections, one granted to the upper house.
vote in Tierra del Fuego is worth 180 votes in Buenos Finally, electoral arrangements matter. For example,
Aires; in Mexico one vote in Baja California is worth electoral districts based on regional boundaries reinforce
31 votes in the state of Mexico. And in Brazil, senators political cleavages along regional lines. For this reason,
representing less than 13 percent of the electorate con- the approach is seldom used.37 Among the large democ-
trol 51 percent of the votes. In most bicameral coun- racies, Argentina, Brazil, Colombia, Italy, and Spain are
tries, however, senates have limited powers, so the ef- the only ones defining legislative districts solely along re-
fect of territorial representation is much greater if it is gional lines. Others rely on smaller subregional districts
applied to the lower house.35 or have a number of legislators elected at large to repre-
When members of the upper house are chosen to sent the whole country, rather than a specific region.
represent regional interests, they can be elected directly The power of the executive. A central government’s
by the people of that region, or they may be selected by ability to withstand regional pressure depends on the
     ⁄ 

strength of the chief executive and on whether a clear Institutions can be designed to promote a common-
majority emerges in parliament. Whether the executive ality of interests. The electoral system and the resulting
is chosen by parliament or by direct popular vote (that party structure determine the degree to which the polit-
is, whether the regime is parliamentary or presidential) ical system is nationally integrated. Holding national
matters less than the powers of the executive in relation and local elections concurrently creates incentives to
to the legislature. These powers include vetoes and the nurture the meaning of party labels and to develop
ability to control the legislative agenda or to legislate nationwide parties.45 Legislative bodies that explicitly
by decree. The degree to which the chief executive de- represent regions tend to promote integrated party struc-
pends on the support of a political party is also a fac- tures.46 The executive authority of the central govern-
tor. Thus the United States is a presidential regime, but ment relative to the regional government matters, since
the constitutional division of powers forces presidents it determines whether the central government needs to
to rely on their party’s support.38 govern by consensus or fiat. Similarly, the strength of the
The electoral system also influences the vulnerability of chief executive’s powers determines the extent to which
the executive to pressure groups. Proportional representa- the executive must rely on regional support.
tion, which allocates seats in proportion to the share of There is no single best way to divide national politi-
votes received by each party, tends to produce govern- cal power between central and subnational govern-
ments that require a coalition of parties to govern.39 Such ments. Nor can a single constitutional provision ensure
coalition governments are inherently less stable and more that central and subnational political elites will find it
vulnerable to demands by interest groups than majoritar- in their interest to cooperate. But whatever system is
ian governments.40 But proportional representation does adopted, it must not make the central government a
allow disparate regional and ethnic interests to have a dis- prisoner of subnational interests.
tinct voice in government. Combined with a parliamen-
The structure, functions, and resources
tary system of government, as in most Western European
of subnational governments
countries, proportional representation imposes the need
to govern by consensus. Conventional political theory ad- The second major category of rules deals with the way
vocates such a system for new democracies precisely be- subnational governments are structured, what they do
cause it ensures a voice even for smaller groups, giving at each level, and how they are funded. These rules
them a stake and presence in the new democracy rather need to be determined as a system, taking into account
than shutting them out.41 But proportional representation the interactions among fiscal, political, and administra-
combined with a presidential regime, as in Latin America, tive institutions.
tends to produce executive-legislative deadlock.42
Structure and functions
Creating incentives for national and subnational What is the best structure for subnational govern-
governments to cooperate ments? The traditional approach of public finance
For the balance of powers to be stable, a commonality economists to decentralization, known as “fiscal feder-
of interests must develop between national and sub- alism,” calls for a subnational government structure
national political elites.43 Political parties play a crucial with several tiers, with each tier delivering those ser-
if often underestimated role in this process.44 In the vices that provide benefits to those residing in the ju-
United States and Germany, national parties control the risdiction.47 Experience shows that this model, while
state legislatures, whereas in Canada regional parties useful, has some limitations and that governments
compete with each other in subnational elections. As a should seek instead to develop a regulatory framework
result, Canada’s subnational politicians are often elected that allows for the sharing of responsibilities.48
on platforms explicitly framed in opposition to the na- The fiscal federalist framework and its practical limits.
tional government and hardly ever move from provin- The fiscal federalist model identifies three roles for the
cial to national elected office. In contrast, in the United public sector: macroeconomic stabilization, income re-
States and Germany opposition between national and distribution, and resource allocation (in the presence
subnational politicians is likely to be purely partisan, of market failure). The model assigns the stabilization
and often national leaders in both countries start their role to the central government because it controls mon-
careers as subnational elected leaders. etary policy and has more scope to use fiscal policy than
:   

subnational governments. The model also assigns in- Trends in mature decentralized countries suggest
come redistribution to the center, since local attempts that costs are an important consideration. Most coun-
at taxing the rich and redistributing wealth to the poor tries of the Organisation for Economic Co-operation
would result in inefficient population movements— and Development (OECD) have a limited number of
high-income groups would move to areas with low subnational tiers and jurisdictions (table 5.1). Some
taxes, and low-income groups would concentrate in countries have recently been reducing the number of
areas offering high benefits.49 subnational units, largely on grounds of efficiency and
More recently the literature has recognized that cost.55 But in a number of developing countries, sub-
while the central government should continue funding national governments are proliferating. In 1992 Mo-
and designing redistribution efforts, local governments rocco increased the number of its municipalities from
are often in a good position to implement and admin- 859 to 1,544 and made regions the third tier of subna-
ister standardized national policies.50 In addition, local tional government.56 Even among very poor countries
governments usually administer services that have im- such as Madagascar, Malawi, and Zambia, the trend is
portant redistributive implications, such as primary toward a constant, if gradual, increase in the number
health care, education, child care, housing, and public of local governments—perhaps in part because a block
transportation. In poorer countries such services are grant available to each local government creates an in-
often the only vehicle for providing in-kind transfers to centive to divide jurisdictions.57
poor households. Clarifying the allocation of functions and allowing for
The fiscal federalist approach assigns a significant shared functions. Some services can be provided less ex-
role to subnational government in allocating resources. pensively on a larger scale, or their benefits may spill
This is because when the benefits of particular services over across districts. Providing these services centrally
are largely confined to local jurisdictions, the appropri- creates economies of scale and captures externalities,
ate levels and mix of services can be set to suit local pref- but at the cost of imposing a common policy on popu-
erences. Local consumers can express their preferences lations with varied preferences and priorities.58 This
by voting or by moving to other jurisdictions.51 In this trade-off, which is the basis of the fiscal federalist ap-
respect, local politics can approximate the efficiencies proach, guides some of the choices that must be made
of a market in the allocation of local public services. in allocating functions. The services central govern-
This approach faces two practical obstacles, however. ments provide should benefit the entire economy or
First, in developing countries where land and labor mar- exhibit substantial economies of scale—for example,
kets may not function well and the democratic tradition national defense, external relations, monetary policy, or
is in its infancy, it is not realistic to assume that people the preservation of a unified national market. Corre-
can move easily between jurisdictions or make their spondingly, subnational units should provide local pub-
voices heard through the political process.52 Second, es- lic goods. This model, which most established democ-
tablishing separate tiers of government for each service racies have adopted, is also common to most countries
is costly and poses serious coordination problems.53 that have recently decentralized, with the notable ex-
The structure of subnational governments. The appro- ception of Bosnia and Herzegovina (see box 5.3).
priate number of tiers of government and of jurisdic- Such responsibility-sharing arrangements are com-
tions in each tier varies depending on a country’s phys- plex. But they work well when they are clear, when each
ical characteristics, its ethnic and political makeup, and tier’s responsibilities are relatively well defined, and
possibly its income level. But all countries face the same when the regulatory framework anticipates that local
trade-off between representation and cost. The local governments are sometimes agents of the central gov-
government of Midnapur in India may have difficulties ernment and sometimes principals acting on their own.
managing local services in a way that is representative Without clarity and an appropriate regulatory frame-
of the preferences of all its 8.3 million people. But very work, there can be no accountability. In South Africa
small local governments—like those of Armenia, the the central government and the provinces have joint re-
Czech Republic, Hungary, Latvia, and the Slovak Re- sponsibilities for health and education, but the exact
public, which have an average population of less than responsibilities of each are not defined. The result is
4,000—are likely to use up most of their meager re- that provinces receive transfers to fund these services
sources in fixed administrative costs.54 but use them for other purposes, knowing full well that
     ⁄ 

Table 5.1
The structure of subnational governments in large democracies

Country Intermediate Local Country Intermediate Local


Industrial countries Kenya 39 county councils 52 municipal, town, and
Canada 10 provinces, 4,507 municipalities urban councils
2 territories
Korea, 6 special cities, 67 cities, 137 counties
France 22 regions, 36,772 communes Rep. of 9 provinces
96 departments
Malaysia 13 states 143 city, municipal, and
Germany 13 states, 329 counties, district councils
3 city-states 115 county-free cities,
Mexico 31 states, F.D. 2,412 municipios
14,915 municipalities
Mozambique 10 provinces 33 municipalities
Italy 22 regions, 8,100 municipalities
93 provinces Nepal 75 districts and 4,022 village panchayats
town panchayats
Japan 47 prefectures 655 cities, 2,586 towns
Pakistan 4 provinces 15 municipal
Spain 17 autonomous 50 provinces,
corporations, 457
communities 8,097 municipalities
municipal and town
United Counties 540 rural districts, committees, 40
Kingdom metropolitan districts, cantonment boards,
and London boroughs 4,683 union and district
councils
United 50 states, F.D. 39,000 counties and
States municipalities, 44,000 Philippines 76 provinces 64 cities,
special-purpose local 1,541 municipalities,
authorities 41,924 barangays
Poland 16 provinces, 2,489 gminas
Other countries
307 poviats
Argentina 23 provinces 1,617 municipios
Russian 21 republics, 1,868 raions,
Bangladesh — 4 city corporations, 129
Federation 17 territories or 650 first-tier cities,
pourashavas (smaller
autonomous areas, 26,766 secondary
municipalities), 4,500
49 provinces cities, townships,
union parishads (which
(oblasts), 2 cities and villages
group 85,500 villages)
of federal status
Brazil 27 states, F.D. 4,974 municipios
South Africa 9 provinces 850 local authorities
Colombia 32 departments, F.D. 1,068 municipalities
Thailand 75 changwats, 6,397 districts,
Ethiopia 9 regions, plus 550 woredas Bangkok 148 municipalities and
2 special city cities
administrations,
Turkey 74 provinces 2,074 municipalities
66 zones
Uganda 45 districts, 950 subcounties,
India 25 states, 3,586 urban local
13 municipalities 39 municipal divisions,
7 union territories bodies (95 municipal
51 town councils
corporations, 1,436
municipal councils, Ukraine 24 regions (oblasts), 619 districts
2,055 nagar panchayats), 1 autonomous
234,078 rural local republic,
bodies 2 municipalities
Iran, 25 provinces 720 districts and
Venezuela 23 states, F.D. 282 municipalities
Islamic municipalities
Republic of

—Not applicable.
F.D. Federal district.
Source: Appendix table A.1.
:   

the central government will intervene to provide the some Indian states rely on the octroi (a tax on goods cir-
needed service. culating across regional or municipal boundaries). Al-
though efficient, such taxes are politically easier to im-
Assigning and controlling resources pose, since their effects are hidden in the price of goods.
The question of which tier of government controls which As a result, even mature decentralized democracies such
resources is perhaps the thorniest issue of decentraliza- as Germany and the United States resort to them. Over-
tion. The ability of subnational authorities to act in- all, subnational taxes are seldom a large share of subna-
dependently of the central government depends on tional revenues (see figure 5.2), although there is scope,
whether they have access to independent tax bases and particularly in developing countries, for improving local
sources of credit.59 Experience provides two lessons in revenue collection.62 For intermediate levels of govern-
this area. First, subnational governments need resources ment, the problem of matching taxes to the jurisdiction
commensurate with their responsibilities. Second, sub- is even more complicated (box 5.6).
national authorities must operate under firm budget con- The role of transfers. Since transfers account for a
straints, so that they do not spend or borrow excessively large part of subnational finances everywhere, their de-
in the expectation of a central government bailout.60 sign is a critical factor in the success of decentraliza-
The guiding principle of revenue assignment is tion.63 Transfers are needed to fund the services local
straightforward: finance should follow function. This governments provide on behalf of the central govern-
is so not only because resources must be commensurate ment (while local revenues should ideally cover local
with what they fund, but also because the type of rev- expenditures). And transfers are essential to ensure that
enues used affects consumer behavior and results in dif- decentralization does not occur at the expense of equity,
ferent patterns of incidence. User charges, such as bus particularly if the central government relies on pro-
fares or water bills, affect the amounts consumed by grams administered at the subnational level to redistrib-
users and are borne only by those who actually con- ute income or if there are large income differences
sume the service. Overall, the appropriate structure of across districts. Finally, governments can use transfers
subnational finance—the mix of user charges, taxes, to influence the sectoral pattern of local expenditure by
and transfers—depends on the functions that have earmarking transfers or disbursing them in the form of
been assigned to each tier of government. matching grants.
Certain forms of taxation are appropriate for financ- Although transfers are almost always necessary, they
ing local services with benefits that cannot be confined should not be so large as to eliminate the need for local
to individual consumers, such as local roads. Such taxes taxes.64 Local taxes ensure that subnational governments
must fall on the residents of the jurisdiction and must face, at least to some degree, the political consequences
be direct—that is they must directly target individuals of their spending decisions. And political necessity
or personal property so that their burden is local. Good sometimes imposes the need for relying heavily on local
examples are the property tax, the personal income tax, taxes. Tax sharing was one of the more contentious is-
and capitation or head tax. Indirect taxes such as the sues in the Yugoslav federation, where wealth differed
value added tax (VAT) or corporate income tax, which greatly across ethnic groups and redistribution issues
can be built into the price of the goods and passed on were embroiled in ethnic tensions. Similarly, the search
to consumers outside the taxing jurisdictions, are not for a good regional tax is of paramount importance in
generally appropriate as local taxes. Ethiopia, where regions are defined on the basis of eth-
But direct taxation in developing countries often nic identity (see box 5.3).
yields limited revenues. The income tax is of limited use Transfers have three variables.65 The first variable is
where most of the economy operates informally. In the amount to be distributed. This can be fixed as a per-
many countries the capitation tax, which was one of the centage of national taxes, or it can be an ad hoc deci-
main forms of taxation in colonial times, is politically sion, sometimes to reimburse preapproved expendi-
unacceptable. And the property tax, which requires tures. The second variable is the criteria for distributing
good information systems, is usually poorly adminis- transfers among jurisdictions. In Argentina, for exam-
tered.61 To compensate, most municipalities rely on ple, a predetermined formula is used to allocate a fixed
various forms of business taxation. Jordan imposes a percentage of certain national taxes, whereas in India
business license fee, Brazil has taxes on services, and the central government periodically determines, on the
     ⁄ 

Box 5.6 their amount needs to be equivalent to the tax base they
Financing intermediate tiers of government are replacing. In practice, however, most transfers take
the form of block grants. This tendency may reflect a
Intermediate tiers of government, such as states and search for administrative simplicity, or it may reflect the
provinces, often have substantial responsibilities that can-
not be funded solely through user fees.66 Yet direct taxes
reluctance of subnational governments to accept any
have limited yields in developing countries and tend to be restrictions on the use of transfers. In countries where
allocated to local governments. Indirect taxes are generally subnational interests are well represented in national
more appropriate for the national government, since the parliaments—France, Germany, Japan, and the United
burden of such taxes can be passed on to consumers out-
side the taxing jurisdiction (a problem referred to as tax
Kingdom, for example—block grants account for the
exporting). No perfect solution exists for the problem of bulk of intergovernmental transfers.
financing the intermediate tier of government, and in prac- Some basic principles are applicable across all coun-
tice large federal countries typically use a combination of tries and all types of transfers. Transfers should be de-
two approaches.
The first approach consists of granting exclusive rights
termined as openly, transparently, and objectively as
to a broad-based tax, such as an income tax or a value possible. They should be kept reasonably stable from
added tax (VAT), to the intermediate tier. The income tax year to year so that local governments can plan their
has the advantage of affecting only residents of the state budgets. And they should be distributed on the basis of
or region, avoiding the tax-exporting problem, but is of lim-
predetermined rules, which need to be kept as simple
ited yield in poor countries. A VAT like that used in Brazil,
Russia, and Ukraine provides substantial resources but as possible.67 Simplicity, transparency, and predictabil-
raises issues of interstate smuggling and tax exporting. In ity would help eliminate one of the worst problems of
fact, subnational VATs are so complex to administer that decentralization: the uncertainty and bargaining that
they should only be considered in countries with efficient
often plague intergovernmental fiscal relations.
tax administrations. State corporate income taxes also pre-
sent administrative difficulties, notably the problem of de- Controlling subnational debt. Subnational borrowing
termining in which state a company has realized its profits. has emerged as one of the thorniest issues for decentral-
The second approach is to share national taxes. This ization. In principle, it is a private transaction between
can be implemented in a variety of ways. One is to let the
borrower and lender. But the national government is
states set a surcharge on a nationally administered and col-
lected tax—which does present the advantage of making often drawn reluctantly into the transaction because
state government bear at least part of the political burden of its responsibility for the stability of the financial sys-
of a tax. Another is pure tax sharing, in which the central tem. As a result, subnational borrowing is almost always
government remits a part of its tax revenues to the juris-
subject to the assumption that the central government
diction in which they were collected. Mexico, for example,
imposes a national VAT which it redistributes to states on will fund a bailout if necessary—an assumption that
the basis of what they would have received by imposing leads banks to lend to uncreditworthy local governments.
this tax themselves. Argentina uses a similar system. Pure An alternative to the private financing of subnational
tax sharing has no advantage over surcharges except for borrowing is for the central government to provide
preserving a uniform tax rate. Revenue sharing, which re-
lies on a formula for allocating the proceeds of a national
long-term credit, lending either directly or through
tax across different regions, is similar, although it can be intermediaries. In most countries—particularly those
used to equalize revenues across jurisdictions regardless with shallow financial systems—this remains the prin-
of their tax base. cipal source of subnational credit and largely dominates
private financing. But the repayment record for cen-
trally sponsored financial intermediation is poor (see
basis of need, both the levels of the transfers and the chapter 6). Loan allocation tends to become politicized,
method of distribution. The third variable concerns the while debt collection is often lax, with national taxpay-
conditionalities imposed on the use of transfers. Trans- ers ultimately bearing the financial burden of bad loans.
fers can be earmarked for specific uses, such as paying In general, however, private financing is either al-
teachers’ salaries, or left unrestricted. ready the primary source of subnational credit or is
Transfers should be designed according to their ob- meant to eventually replace central government financ-
jectives. Those intended to finance functions that the ing. This requires developing means to protect the
municipal government is performing on behalf of the central government and the national financial system
central government should be earmarked. Transfers in- from exposure to excessive subnational debt. As shown
tended as substitutes for local taxes should not, but in table 5.2, short of outright prohibition, four ap-
:   

Table 5.2
Subnational borrowing controls in selected countries

Market Cooperative Administrative Rule-based Borrowing


discipline control control control prohibited
Overseas Domestic Overseas Domestic Overseas Domestic Overseas Domestic Overseas Domestic
Industrial countries
Australia • •
Austria • •
Belgium • •
Canada • •
Denmark • •
Finland • •
France • •
Germany • •
Greece • •
Ireland • •
Italy • •
Japan • •
Netherlands • •
Norway • •
Portugal • •
Spain • •
Sweden • •
Switzerland • •
United Kingdom • •
United States • •
Developing countries
Argentina • •
Bolivia • •
Brazil • •
Chile • •
Colombia • •
Ethiopia • •
India • •
Indonesia • •
Korea, Rep. of • •
Mexico • •
Peru • •
South Africa • •
Thailand • •
Transition economies
Albania • •
Armenia • •
Azerbaijan • •
Belarus • •
Bulgaria • •
China • •
Estonia • •
Georgia • •
Hungary • •
Kazakhstan • •
Kyrgyz Republic • •
Latvia • •
Lithuania • •
Poland • •
Romania • •
Russian Federation • •
Slovenia • •
Tajikistan • •
Ukraine • •
Uzbekistan • •
Note: Classifications attempt to capture the predominant form of control. In most countries, the approach used involves a combination of several
techniques. For detailed country-by-country explanatory notes, see Ter-Minassian and Craig (1997).
Source: Ter-Minassian and Craig 1997.
     ⁄ 

proaches are used to control subnational borrowing. ing of state debt in 10 years. Each debt crisis arose de-
The first approach relies on market discipline; the sec- spite a blanket ceiling on subnational borrowing and a
ond relies on cooperation between the central and sub- web of restrictions and controls on various forms of
national governments to decide what constitutes an debt. Regulation, it seems, failed to withstand the pres-
appropriate level of indebtedness; and the other two sure from strong regional interest groups. Even in in-
directly regulate subnational borrowing. In practice, dustrial countries with sophisticated credit markets,
countries use a combination of all four approaches. borrowing controls are subject to slippage.70 In the
In principle, central governments can simply refuse United States, for example, regulations are less impor-
to intervene in transactions between subnational gov- tant than market discipline. Bonds must be floated, and
ernments and their creditors, relying on market disci- the federal government neither guarantees subnational
pline to control subnational debt. This is the most im- debt nor bails out subnational governments.71
portant restraint on subnational borrowing in Canada,
France, and Portugal, for example. But to be effective, Central regulation of subnational governments
a laissez-faire approach requires that a number of con- Rules are needed to govern relationships among tiers of
ditions hold—the most important being the credibility government. But central governments in decentralizing
of the central government’s commitment not to inter- countries tend to compensate for their loss of direct con-
vene.68 Establishing this credibility requires time, par- trol by stepping up their regulation of subnational gov-
ticularly where bailouts have occurred in the past. It ernments. This tendency can be counterproductive if
also requires avoiding situations in which the central central governments with only a limited knowledge of
government would be forced to intervene—for exam- local conditions begin micromanaging local functions,
ple, where a default threatens the national banking sys- or if they impose costs they are not prepared to finance.
tem or the country’s international credit rating. Regu- Personnel matters are one area in which central regu-
lation can help prevent such situations. lation is generally undesirable. Since wages are often a
Some types of regulation are better than others.69 Di- very large part of local budgets, centrally mandated wage
rect government controls, like annual limits on borrow- increases can cause a local fiscal crisis. The central regu-
ing or administrative authorization for loans, are subject lation can prevent subnational governments from re-
to political bargaining and are generally at odds with the sponding to local conditions by increasing or decreasing
trend toward decentralization. Further, they may make staff size or by keeping wages at market levels. In Turkey
it even more difficult for the central government to the central government creates the staff list for each mu-
refuse to intervene and rescue a subnational government. nicipality, along with the corresponding salary scale. The
But administrative controls are appropriate for external central government must approve any changes in a long
borrowing because a subnational government’s behavior process that involves the Ministry of the Interior, the
on the international market could have contagion effects state personnel organization, and the Council of Minis-
on the ratings of other national borrowers and because ters. In Sri Lanka the central government determines the
managing the external debt is part of the macroeconomic wage bill for provincial governments.
responsibilities of a central government. If a central government is concerned about nepotism
Rule-based controls like ceilings on debt-service ra- or overstaffing at local levels, it can address them in other
tios or constraints on the type or purpose of borrowing ways. For example, it can provide suggested hiring levels
are more transparent and less subject to political inter- and salary scales and require subnational governments
ference. They function best when they set global limits to publish their employment rolls. But central govern-
that mimic the markets—for example, by establishing ment involvement in personnel matters also reflects the
ceilings on debt service as a share of revenues—and rely power of public sector unions and their ability to orga-
on a global definition of what constitutes debt. De- nize nationally. This force has not been easy to counter,
tailed regulations are hard to monitor and will encour- whether in developing or in industrial countries.72
age behavior aimed at circumventing them. Central government regulation remains appropriate
Fundamentally, however, rules and controls will be in a wide range of other circumstances. When subna-
ineffective unless accompanied by market discipline tional governments act as agents of the central govern-
and a credible “no-bailout” pledge by the central gov- ment, regulation and monitoring are needed to enforce
ernment. Brazil has just completed the third restructur- national mandates and standards. Even countries that
:   

have granted substantial autonomy to subnational gov- or province, minorities and low-income candidates are
ernments require that centrally financed welfare pay- more likely to run and to win seats. In turn, the pres-
ments be distributed according to criteria the central ence of such candidates shows minorities and the poor
government establishes. Regulation is also essential to that they can play a role in the political decisionmaking
ensure the validity of the local electoral process and to process and encourages them to mobilize and vote.73
address conflicts between units of subnational govern- The visibility of an election also influences partici-
ment. But a free press, improved access to information, pation. In general, the more local an election is, the
and the growth of democracy at subnational levels are lower the participation.74 As voter turnout drops, the
decreasing the need for central regulation. Local inter- chances increase of narrowly focused special-interest
est groups are increasingly able to monitor the perfor- groups gaining power. This problem suggests that there
mance of local governments. is a trade-off between full representation, which re-
quires small districts, and participation, which is en-
Making subnational governments accountable
couraged by the relatively high levels of visibility that
The third major set of constitutional rules consists of come with elections in larger districts.
those governing relations between local officials and Two measures can help increase visibility without re-
their constituents. The degree to which local officials are quiring an increase in the size of local electoral jurisdic-
accountable to their constituents determines whether tions. One is to hold concurrent local and national elec-
decentralization produces the intended benefits—that tions, although this approach carries with it the risk
is, more efficient and responsive services, and greater that national issues will overshadow local concerns. An-
local self-determination. The process for electing gover- other is for the mayor or governor to be elected directly
nors, mayors, and members of the subnational legisla- by the whole constituency, while state assembly mem-
ture takes center stage in determining accountability. bers or municipal councilors are elected by district or
But elections in and of themselves are not sufficient to neighborhood. Together, these measures help ensure
ensure that local governments are truly responsive to higher voter participation and better representation
people’s needs and wants. Three sets of complementary across social or income groups.75
measures should be pursued. First, electoral rules need Rules that promote effective governance. Effective gov-
to encourage participation and representation and, at ernance requires stable coalitions and an executive with
the same time, allow an effective majority to emerge. reasonably strong and clear powers. The probability
Second, civil society can be drawn upon to complement that elections will produce a stable coalition is higher
formal political processes. Finally, an effective local ad- with majority voting than with proportional represen-
ministration needs to develop. tation, as explained earlier. Local governments com-
posed of stable coalitions govern better than unstable
Adopting effective electoral rules partnerships—for instance, they are better able to take
Electoral rules affect whether local politics reflect the in- the measures needed to adjust to shocks.76
terests of the local population or are captured by local Separating the executive and the legislative branches
elites. Of course, rules interact with certain characteris- of local government and electing the chief executive di-
tics of civil society, such as education, access to informa- rectly may also yield more effective governance.77 May-
tion, and the existence of groups that have a voice in ors elected directly are more likely than appointees to
government. But making elections highly visible events, challenge the status quo. The vast majority of major
facilitating participation, and demonstrating that votes municipal reforms around the world have been initi-
matter will affect electoral outcomes in any society. ated by strong mayors. But too much authority concen-
Rules to improve visibility, participation, and expected trated in the executive may not be appropriate, partic-
payoffs. The size of electoral districts can influence the ularly in new democracies. The mayor of Moscow had
outcome of an election. Electing council members by enough power to modify the city’s electoral laws against
ward or neighborhood rather than at large ensures that the wishes of the legislative assembly.
all geographically defined interest groups will have seats
on the local council. This method also reduces the costs Harnessing civil society
of running for office. Since candidates need to cam- A multitude of actors outside the public sector—grass-
paign only in a single ward rather than in an entire city roots organizations, unions, universities, philanthropic
     ⁄ 

foundations, user groups, nongovernmental organiza- pates. This was the case in the democratic revolutions
tions (NGOs), and neighborhood associations—influ- of Africa, Eastern Europe, and Russia. Political parties
ence public performance. Among other things, they can help maintain a continuing link between civil soci-
can help hold local governments accountable. Such ety and government. Parties aggregate the demands of
groups, known collectively as “civil society,” can also a dispersed population, represent political interests, re-
complement local administration in the search for cruit and train new candidates for office, ensure elec-
more responsive and effective governance. toral competition, and form governments. They can
Civil society and formal political participation. How help organize minorities and the poor and facilitate
can governments encourage the participation of civil so- their participation in the formal electoral process.84
ciety in governance? Much depends on the strength of Party systems thus improve legitimacy and governabil-
community organizations and their ability to organize. ity by making the democratic process more inclusive,
Local officials must also be willing to tap into these accessible, representative, and effective.85
groups. But examples abound of collaboration between
civil society and local governments. In Colombia local Developing an effective local administration
governments and community associations work to- Improving local services requires an effective local ad-
gether to provide infrastructure for the poor. In Brazil, ministration. Even a well-meaning political team can-
Chile, Mexico, and Venezuela many municipalities have not overcome incompetent administration. In fact, lack
adopted participatory budgeting and hold open meet- of capacity at the local level and the need for a massive
ings to consult the population on its priorities. Donors increase in skilled staff are the arguments most fre-
everywhere have initiated projects to mobilize commu- quently invoked against decentralization.
nity resources and encourage participation.78 Both central and local governments can take mea-
The formal participation of civil society in public sures to improve the effectiveness of local administra-
life has limits. Active civic organizations cannot be cre- tion.86 First, when a central government has decentral-
ated in a vacuum but instead need to draw on local tra- ized responsibilities, it can also devolve the appropriate
ditions. In Bolivia, for example, the neighborhood as- staff, as the Ugandan government did. Second, local
sociations that report municipal mismanagement to the governments should be free to hire, fire, and offer ap-
national senate are built on traditional customs.79 Fur- propriate incentive packages so that they can attract ca-
ther, civic organizations are not always effective and pable local officials. Third, privatization can reduce the
may only reflect the views of a narrow segment of the number of skilled administrators needed by local gov-
population.80 But where civic organizations are weak, ernments, since the privatized services require only mon-
local governments can use other mechanisms to give itoring and regulation rather than actual management.
the public a voice, such as polling or collecting data While problems of capacity constraints are sur-
from user groups.81 mountable, they deserve serious attention. Central gov-
Civil society and political parties. Democratic revolu- ernments need to provide technical support to local gov-
tions are often driven by a popular upsurge and the res- ernments as part of the process of decentralization.
urrection of civil society. In Latin America’s move to- Decentralization itself, by giving subnational govern-
ward greater democratization, trade unions, grassroots ments greater responsibilities and control over resources,
movements, religious groups, intellectuals, and artists will then increase their incentives to invest further in
supported each other’s efforts, coalescing into a whole their own administrative capabilities.
that identifies itself as “the people.” 82 In a number of
Policies for the transition
African societies, popular respect gave religious leaders
a status and influence that autocratic regimes could not Decentralization typically takes place during periods of
ignore. And the activities of trade unions were crucial political and economic upheaval. Euphoria at the fall of
in many countries. Strikes prompted by industrial griev- an authoritarian regime, an economic crisis that precip-
ances, such as late payment of wages, against the govern- itates a regime’s collapse, the jockeying for power of new
ment in its role as dominant employer rapidly exploded interest groups—all these conditions create an environ-
into demands for political reform.83 ment in which a careful, rational, and orderly process
Once democratic movements achieve their immedi- of decentralization is highly unlikely. Even when decen-
ate goals, the civic energy that fueled them often dissi- tralization occurs in a less dramatic context, questions
:   

of strategy and timing still arise. The recent experiences Box 5.7
of decentralizing countries can help answer them. The cart before the horse: decentralization
in Russia
Synchronizing the elements of reform
Under the Soviet system, subnational governments were
The most compelling lesson of recent decentralization
merely extensions of the central government under the
experiences is that all elements of reform must be syn- authority of the Communist Party. The central government
chronized. The political impetus behind decentraliza- controlled activities of national importance, such as trans-
tion prompts central governments to make concessions portation and defense. The republics were responsible for
hastily. Granting local elections is a step that can be light industries. Provinces (oblasts) were responsible for
health care, housing, utilities, and education. Although
taken rapidly. But making decentralization a success re-
each tier of government was assigned a given tax base,
quires taking a number of slow and difficult steps that the central government determined subnational budgets
create new regulatory relationships between central and through central planning and closed-door negotiations.
subnational governments, transfer assets and staff to Revenue sharing and intergovernmental transfers were
local levels, and replace annual budgetary transfers with merely accounting devices used to bring each subnational
budget into balance.
a system of tax assignment and intergovernmental The party’s monopoly on power was officially abolished
transfers. The recent history of decentralization illus- in 1990. Following the breakup of the Soviet Union in 1991,
trates the dangers of not sequencing appropriately. a new constitution (adopted in 1993) declared Russia a
Put expenditure and revenue rules in place before po- democratic federal state. The new constitution recognized
litical liberalization. Russia liberalized politically while 89 subnational units (republics, autonomous regions, and
oblasts) and mandated the election of governors (presi-
the fiscal structure of the former Soviet system was still dents in the republics) and legislatures in each jurisdiction.
in place (box 5.7). Subnational governments had his- However, Russia continued to struggle with its old sys-
torically acted as tax collectors for both the provinces tem of intergovernmental fiscal relations for several years.
and the central government. Once the provincial gov- Despite an attempt to establish a system based on sepa-
rate tax assignments, subnational finances continued to
ernments gained political autonomy, they began refus-
depend on negotiations with Moscow. These talks soon
ing to send tax revenues to the central government. Fis- became hostile, and the newly autonomous regional gov-
cal relations stabilized only after 1994, when fixed rules ernments threatened to withhold the tax revenues they
were established for dividing taxes among tiers of gov- owed to the federal government or to secede from the
ernment. In contrast, Chile and Poland established fis- federation entirely if their demands were not met.
Since 1994 Russia has been moving toward a rule-based
cal rules before political liberalization and were spared
system of intergovernmental fiscal relations. The 1994 re-
a Russian-style fiscal crisis. forms divided revenues from each of the major taxes
Decentralize a function and its corresponding revenue among central and regional governments and established a
source simultaneously. Many African countries facing formula-based equalization system to assist poorer regions.
economic collapse devolved a broad range of govern- However, the reforms did not entirely resolve the fiscal con-
flicts between levels of government or settle the division of
ment services to subnational governments without pro-
responsibilities for social expenditures. Moreover, the fed-
viding the necessary revenues. Not surprisingly, the eral government still runs considerable risk from potential
quality of the decentralized services declined sharply. In defaults on loans to subnational governments.
much of Latin America the opposite occurred: govern-
ments decentralized revenues without offloading corre- Source: Freinkman 1998; Le Houerou 1996; Martinez-
Vasquez 1998.
sponding responsibilities. In Colombia central transfers
to municipalities increased by 60 percent without a
matching increase in responsibilities.
Decentralize the needed management controls. Gov- subsequent decision to grant a major increase in salaries
ernments have sometimes crippled local governments’ prompted a fiscal crisis at the provincial level that was
ability to perform new functions by failing to decen- resolved only though the creation of a special compen-
tralize management controls. In Colombia, for exam- sation fund.87 In Poland the public housing stock was
ple, the central government continued to set the salaries transferred to municipal governments, but the central
of public school teachers even after the management of government continues to control the rents.
primary and secondary schools had ostensibly been de- The recent decentralization of education in Mexico
centralized to the provinces. The central government’s followed a more balanced approach. The federal gov-
     ⁄ 

ernment transferred full management responsibility for final outcomes is yet available.89 Nonetheless, some les-
preschool, primary, and secondary education to the sons have emerged from recent experiences. Perhaps the
state governments in 1992, along with funding that most important is that a system that is based on rules
equaled spending on federal facilities in the previous produces better results than one that is not. Explicit
year. Since then, funding has been based on a formula rules setting out the division of functional responsibili-
that gradually shifts the distribution from its historic ties among levels of government reduce ambiguity and
pattern to one that provides an equal amount per pupil increase political accountability. They also provide a
across all states. The experience of the Philippines has framework within which interest groups can compete
been similar.88 and negotiate without resorting to violence.
Some rules work better than others. Revenues need
Demonstrating the hard budget constraint to be decentralized at the same time as expenditures, so
Central governments must demonstrate early on that that finance follows function. A “hands-off ” attitude
they are committed to imposing a hard budget con- when subnational governments default on their loans
straint on subnational governments. The mere possibil- may be more important in controlling debt than the
ity of a central government bailout can prompt excess most comprehensive set of regulations and controls.
spending and deficit financing at the subnational level. Ward-based local politics combined with direct elec-
Brazil, where the federal government has assumed over tions for mayors and governors, and concurrent na-
$100 billion in state debt, is a clear example (see chap- tional and local elections, improve participation and
ter 8). Argentina, in contrast, succeeded in enforcing a representation. Subnational governments with multi-
hard budget constraint. From the outset, the current ple tiers and many small units are likely to have high
administration has refused to provide any significant administrative overhead costs.
debt relief to the provincial governments. It has also Strategies to stop decentralization are unlikely to
minimized its potential exposure in two ways. First, succeed, as the pressures to decentralize are beyond gov-
provinces may not borrow directly from the federal trea- ernment control. The emergence of modern econ-
sury. Second, loans that provincial banks make to their omies, the rise of an urban, literate middle class, and
governments are not eligible for central bank discounts. the decline of both external and domestic military
After the 1994 Mexican economic crisis temporarily threats have created nearly insurmountable pressure for
dried up funding sources all over Latin America, Argen- a broader distribution of political power in Latin Amer-
tina’s provincial governments were forced to adjust ica, Eastern Europe, Russia, and parts of East Asia. This
rather than rely on federal relief. same pressure is likely to affect the rapidly urbanizing
economies of South Asia and parts of Africa early in the
What lessons for the future?
21st century. Rather than attempt to resist it, govern-
Decentralization is a work in progress. Many experi- ments should face decentralization armed with lessons
ments are under way, and only limited evidence on from countries that have gone before them.
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6
Subnational
Own-Source Revenue:
Getting Policy and
Administr ation Right
Robert R. Taliercio

Once countries decide to decentralize—whether This chapter follows this logic. It begins by ana-
gradually, as in Thailand and Vietnam, or with an lyzing the links between revenue assignment and
initial dramatic change, as in the Philippines and autonomy by country and type of revenue, and
Indonesia—they must get the fiscal design right. then assesses the region’s revenue performance.
Critical to effective fiscal design is the ability of local The ensuing two sections take up the question of
governments to adjust budgets and thus respond to revenue administration and address the politics of
community preferences regarding the quantity and local taxation, highlighting issues of policy imple-
quality of public services. Ideally, and according to mentation. The last section offers final comments
theory, subnational governments provide services on the implications of these findings for both pol-
to their constituents up to the point at which the icy and administration.
cost—in terms of taxes—equals the benefit, in The chapter’s overarching conclusion is that East
terms of the value of the services. To satisfy this con- Asian countries reveal many inconsistencies and
dition, local governments must have the authority contradictions vis-à-vis commonly accepted criteria
to exercise own-source taxation, and be in a finan- for a “good” intergovernmental revenue system.
cial position to do so. This is the essence of account- However, this newly decentralized region is also see-
ability and efficiency under decentralization, and ing rich experimentation and innovation, which
that is why decentralized revenue policy matters. bodes well for further reform.
The design of a local revenue system includes
three central dimensions: the assignment of rev-
The Setting and Normative
enue sources among types of government, the
Framework
degree of autonomy with which subnational gov-
ernments can exercise their assigned authority, and Except in the Philippines and perhaps Indonesia,
the efficiency of the revenue administration system. subnational governments in East Asia make little
For a decentralized system to meet expectations, use of own-revenues to finance local services (see
policymakers must ensure coordination between table 6.1). That is, the region is not characterized by
these dimensions. significant fiscal decentralization. The implications

107
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108 East Asia Decentralizes

TABLE 6.1 Estimated Own-Source Revenue many of the resulting perspectives place a high prior-
of Subnational Governments ity on economic efficiency. The first principle of rev-
(as percentage of total subnational enue assignment—summed up by the “finance-
government revenue)
follows-function” refrain—is that it should be based
on assigned expenditures. A second principle, given
Country Percentage
the matching of revenues to expenditures,is that local
Cambodia (2003) 5 taxation should avoid introducing economic dis-
China (2003) 5 tortions by inappropriately taxing the factors of pro-
Indonesia (2002) 15.4
duction. The third general principle—subsidiarity—
Philippines (2002) 31.1
holds that revenue-raising powers should be
Thailand (2002) 10.9
assigned to the lowest-possible level of government,
Vietnam (2003) 5
except where such assignment would produce eco-
Sources: Indonesia (Ministry of Finance), nomic distortions or negative externalities.2
Philippines (Department of Finance), and These three principles provide a general frame-
Thailand (World Bank 2004c). World Bank staff work for assessing revenue assignment, which—
estimates for Cambodia, China, and Vietnam.
Note: Most recent year available. Figures
when fleshed out with more specific considerations—
include only official, legal revenues. offers a set of practical guidelines. According to
Norregaard, governments should not levy “local
taxes” on very mobile factors lest they encourage
of this are considerable. The fact that subnational taxpayer migration (though what constitutes “very
governments have both limited powers to raise rev- mobile” is largely an empirical issue) (Norregaard
enues and limited capacity to collect them poses 1997). Such taxes should not be unevenly distrib-
profound questions about the actual benefits of uted among jurisdictions (as in the case of natural
decentralization. Can local governments respond to resource taxation), should raise enough revenue to
local preferences in taxation and thus service deliv- avoid large vertical fiscal imbalances, should not be
ery, thereby achieving greater accountability and exportable to nonresidents (which would weaken
efficiency? Are fiscal tools and capacities sufficient the accountability link), and should be based on the
to generate sustainable own-source revenues? Has a benefit principle. Taken one step further by Bird,
reliance on transfers, in their myriad forms, made these principles suggest a number of major tax
subnational governments dependent on national sources usually prescribed for subnational govern-
governments and weakened subnational incentives ments, “more or less in order of preference—user
to improve own-source collections? charges, property taxes, excises, personal income
The three dimensions of revenue policy provide taxes, payroll taxes, general sales taxes, and business
a framework for addressing these questions:1 taxes” (Bird 2003b, 4–5). The following sections
Which taxes should be authorized or assigned to address each of these options.
central governments and which to subnational gov-
ernments? The decision should be legal and trans-
Autonomy and Policy
parent, occurring through both constitutional and
legislative processes. However, as discussed below, The decentralization literature can be surprisingly
governments sometimes assume “authority” ille- unclear about the fundamental question of what
gally. That such illegality and informality are unde- constitutes a subnational tax. However, if terminol-
sirable will become clear; nonetheless, in some ogy is not clear as to what constitutes subnational
countries, particularly China, these approaches are own-source revenue, policymakers will not have
commonplace. Focusing on assignment of revenue the conceptual tools needed to design fiscal systems
sources among governments stresses the impor- and appreciate their consequences. Such a situation
tance of understanding decentralization as an will also obfuscate debate over the policy changes
intergovernmental partnership. needed to allow a jurisdiction to realize the effi-
Numerous public finance economists have pro- ciency benefits promised by decentralization.
vided guidance on how to think about assigning Subnational revenues may be divided into cate-
taxes between national and local governments, and gories of decreasing local autonomy (see table 6.2).
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Subnational Own-Source Revenue: Getting Policy and Administration Right 109

TABLE 6.2 Classification of Subnational Taxes by Degree of Central vs. Local Control

Local autonomy in Subnational government (SNG) Greatest access to own-source revenues.


revenue policy sets tax rate and base. These usually include fees and charges.
SNG sets tax rate only. Necessary and sufficient condition for
“own-revenue.” Piggybacking and tax
base harmonization permitted.
SNG determines the tax base. Refers largely to local authority to grant
exemptions that erode the local base.
Limited autonomy SNG sets tax rate, but within In this case the center typically specifies a
centrally permissible ranges. high/low tax range or caps the top rate.
Tax sharing, whereby central/local Can result when a local authority collects
revenue split can change only the tax and remits it to the center.
with consent of SNG.
No local autonomy Revenue sharing, with share 100% control by center; this is a source of
determined unilaterally by misspecification of central vs. local
central authority. revenue. (For example, the International
Monetary Fund’s Government Finance
Statistics includes this category as a
“local tax.”)
Central government sets rate and May accompany political decentralization.
base of “SNG revenue.”

Sources: Adapted from OECD 2002; Ebel and Yilmaz 2002.

If subnational governments have total or significant A typical argument for rate ceilings is that they
control over a tax, fee, or charge, as shown by con- prevent local governments from doing egregiously
trol over the tax rate (that is, if it is necessary and inappropriate things (though ceilings may simply
sufficient), it is a subnational tax. If, in contrast, be a nontransparent mechanism for central con-
subnational governments have no control over the trol). The practice, however, counters the accounta-
base and rate of a tax, as, for example, when the bility and efficiency arguments for decentraliza-
central government determines how to split rev- tion. One might make a case for centrally imposed
enues (“tax sharing”), it is not a subnational source rate ceilings during the transitional period from
of own-revenue. centralization to decentralization, as they might
This taxonomy of taxation serves the very useful allow local governments to develop policy and
purpose of setting out the basic definition of what administrative capacity, but such limitations
is and is not a source of own-revenue. Thus, for should be short-lived. Subnational governments
example, the taxonomy makes clear that although a build capacity by using their assigned powers.
shared tax adds to subnational budget receipts,
such revenue is not “own” taxation. Tax sharing
Autonomy and Administration
occurs when the base and rate of a tax are centrally
set and then some percent is returned, typically on The third dimension of revenue policy—that sub-
a derivation basis, to the “originating locality.” To national governments must have some control over
be an own-tax or revenue source, the subnational revenue administration—matters for two reasons.
unit must, at the very least, legislate the rate. First, control over some aspects of revenue admin-
More nuanced is the practice whereby a central istration is instrumental for controlling revenues at
government restricts the rate of an own-revenue the margin, as this allows for changes in the effec-
source (such as the rate ceiling). This clearly limits tive tax rate (a ratio of actual tax collected com-
subnational autonomy, and some would argue that pared with the size of the legal tax base). Local
once the cap is reached it fully eliminates local governments can change the effective tax rate by
autonomy, as the subnational government loses its boosting compliance through audits and enforce-
ability to raise taxes at the margin. Such rate regula- ment, or by lowering compliance costs for tax-
tion is particularly common in East Asia. payers through better services (such as more
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110 East Asia Decentralizes

TABLE 6.3 Tax Assignment by Local Government in the Philippines

Revenue source Provinces Cities Municipalities Barangays

Real property tax ✓ ✓ ✓ 40% of provincial ✓ 25% of


collections provincial or
30% of city
collections
Transfer of real
property tax ✓ ✓
Tax on sand, gravel, and
other quarry resources ✓ ✓ ✓ 30% of provincial ✓ 40% of provincial
collections collections
Amusement tax ✓ ✓ ✓ 50% of provincial
collections
Business taxes ✓ ✓ ✓
Franchise tax ✓ ✓
Community tax ✓ ✓ ✓ 50% of collections

Source: Local Government Code (R.A. 7160), 1991.

user-friendly tax forms and payment processing, political with fiscal decentralization promises more
and access to information). efficient delivery of public services.
This dimension is relevant in all cases, especially The Philippines has the region’s longest-running
in China and Vietnam, where subnational govern- record of an explicit decentralization policy and
ments collect taxes whose rates and bases are deter- is also the most revenue decentralized of all the
mined centrally. Second, and conversely, this con- focus countries. Yet, as the Philippines example also
sideration suggests that subnational governments attests, the decentralization sorting-out process
need not have full control over administration to takes time, and even the Philippines is a “young”
call a tax or fee an own-source revenue. Devolved decentralizing state. The country has clear oppor-
responsibility does not necessarily imply fully tunities for further reform.
devolved administration, especially in the context In the Philippines, primary responsibility for
of weak local capacity. National governments, for subnational taxation rests with provinces, munici-
example, might take responsibility for certain palities, and cities (see table 6.3). Cities are the most
administrative functions, such as assessing prop- autonomous: they are authorized to impose the full
erty, or assist local governments with core functions set of local taxes, while provinces and municipali-
related to information and communications tech- ties can levy only subsets. In some cases the rev-
nology. This opens up a much-needed discussion enues collected by provinces and cities are allocated
of the appropriate division of labor between to municipalities and barangays. The latter are also
national and subnational jurisdictions, and of the responsible for collecting miscellaneous taxes and
options for assisting low-capacity subnational gov- fees and charges.
ernments with revenue administration (see below). But again, whereas this assignment suggests a
well-designed system of revenue decentralization,
the Local Government Code is not fully consistent
Review of Current Practice
with the autonomy criteria (see table 6.2). The cen-
and Initial Evaluation
tral government sets tax rate ceilings, leaving local
Whereas several East Asian revenue systems rely on governments little control over one of the main
central controls, countries are also showing a will- levers for mobilizing revenue, including the prop-
ingness to review the twin features of assignment erty tax, which is a large revenue generator. The
and autonomy. This represents an important policy code also fixes maximum rates for most other taxes
crossroads: if, as shown, assignment and autonomy and nominal per unit amounts (as in the case of the
can be reinforcing, the opportunity to combine professional tax). The code further specifies that
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Subnational Own-Source Revenue: Getting Policy and Administration Right 111

local governments can adjust tax rates only once in enues to communes. However, communes and
five years, and not by more than 10 percent.3 sangkats (urban communes) may collect four types
In Indonesia, subnational governments have the of own-revenue. These include administrative fees
authority within the framework of Law 34 of 2000 for civil registry functions, agency fees for functions
on regional revenue to levy a number of important performed on behalf of line ministries and others,
but minor revenue sources. The central government contributions to development projects to meet the
controls the most potentially productive local matching requirement imposed by transfers from
revenues—those on real estate and personal the Commune Sangkat Fund, and user fees and
income—and shares the receipt.4 Less revenue- charges to cover the recurrent costs of providing
productive taxes are assigned to the provinces services (UNCDF 2004). Data on actual collec-
(motor vehicle registration, transfer and fuel taxes, tions are not available, but the amounts are thought
and a water user fee, all of which are shared with to be quite small. Provinces—deconcentrated levels
cities and regencies), and cities and regencies (excise of the national government—may also collect own-
taxes on hotels, entertainment, advertisement, street revenues, which accrue to governors’ budgets (the
lighting, mining of selected minerals, and parking). Salakhet).6 These revenues, which are not proper
The national government restricts this arrange- own-source revenues, accounted for 48 percent of
ment even further: subnational governments may the total Salakhet, of which the tax on motor vehi-
not impose surcharges on national taxes, and Law cles (17.4 percent), the excise on public lighting
34 of 2000 sets maximum rates on those that are (12.3 percent), the wealth transfer tax (7.0 percent),
assigned.5 Evidence suggests that most regions and the business tax (6.8 percent) are the most
already charge the maximum rate, and that some significant (World Bank 2003b).
would raise it further if allowed to do so.For example, Vietnam, as a transitional country, reveals some
the widely assessed hotel and restaurant rate is lim- similarities with China. The Law on State Budget,
ited to 10 percent, yet a World Bank report concludes which took effect in January 2004, establishes
that some jurisdictions (such as Bali and Jakarta) three types of revenue assignments. These include
could gain from rate increases (World Bank 2003a). revenues assigned completely to the central level,
China overhauled its subnational revenue sys- those assigned completely to the local level, and
tem under the 1994 Tax Sharing System reform. those shared between the central and subnational
The tax structure now includes three tiers of taxes: governments. Shared revenues—which include
those fully accruing to the national government, the value-added tax, enterprise (corporate) income
those shared between the national and subnational tax, personal income tax, special consumption
governments, and those fully accruing to subna- taxes, and gasoline and oil fees, among others—
tional units. Allowable subnational own-source constitute the bulk of revenues at all levels. Own-
revenues include the urban land use tax, for which source revenues are virtually nonexistent in
the local government can set the rate up to a ceiling; Vietnam. The only exception is user fees, such as
local option entertainment and slaughterhouse road tolls and select fees for schools and hospitals,
taxes; and a local option surtax on collective enter- which are not generally significant sources of
prises, for which the subnational government can revenue (World Bank 2000).
influence the rate (Bahl 1999).
Revenues in Thailand are national, local, or
Own-Source Revenue Practices
shared. Shared taxes include the value-added tax
and Options
and sales tax, the special business tax, the natural
resource tax, excise taxes, and the vehicle tax, all of Revenue assignment in East Asia is consistent with
which accrue to local governments. Own-taxation the framework’s principles and guidelines in some
is limited to the house and land tax, land develop- ways and inconsistent in others. The next section
ment tax, signboard tax, petrol tax, tobacco tax, and further highlights specific regional practices for
hotel tax. Local governments may also collect user each revenue source. This discussion serves to stress
fees, charges, permits, license fees, and fines. that a well-designed subnational revenue system
Cambodia is still at an early stage of decentral- should rely on a mix of taxes, and also suggests fur-
ization: it has not yet assigned functions or rev- ther options for reform.
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112 East Asia Decentralizes

As table 6.4 reveals, there is no own-source the market value, as the country has no formal
revenue common to all six countries, though a market for land transactions.
number of countries make use of user fees and Indonesia provides another important example
charge business taxes, excise taxes, and property of limited local autonomy over the property tax.
taxes. As admirable as the user charge and property Subnational governments are not responsible for
tax package is, international experience has shown taxing property (or property transfers). While the
that such taxes can be both difficult to implement central government shares about 80 percent of prop-
and unlikely to provide an adequate fiscal base if erty tax revenues with the originating region, and
subnational governments have major social spend- distributes another 10 percent among all regions,
ing responsibilities (Bird 2003b). Accordingly, policy and administration are firmly in central
several options are available to further mobilize hands. This has led to two negative developments: a
own-source revenues. reliance on taxes that essentially substitute for prop-
erty taxes, such as the street lighting tax; and the
proliferation of nonbenefit taxes—user charges and
Property Taxation
service fees not linked to the provision of services.
Given the role of property taxes as revenue genera- The Philippines is the only country where a
tors in the developing world, the fact that the prop- traditional property tax is a source of subnational
erty tax is not an own-revenue source in many coun- own-revenue. The property tax accounts for nearly
tries raises concerns about sustainable revenue 37 percent of subnational own-revenues. However,
flows, subnational autonomy, and thus the promised the central government limits control over tax
benefits of decentralization. In the 1990s, property rates and bases. For example, the national govern-
taxes accounted for 40 percent of all subnational ment sets the real property tax rate (including
taxes in developing countries, but only 12 percent in the Special Education Fund levy) at 2 percent for
transition countries (Bird and Slack 2002). Except provinces and 3 percent for cities and municipali-
for the Philippines and Indonesia, East Asian coun- ties in metropolitan Manila. All provinces outside
tries do not come close to the benchmarks of either the capital region avail themselves of the maximum
developing or transition countries, suggesting that rate, while most cities are under the maximum.7
property taxes could yet serve as a greater source of International experience suggests that subna-
revenue in the medium term, and an important tional governments are likely to use discretion over
source in the longer term. property tax rates, so they vary widely. Bird and
Vietnam, Thailand, and Cambodia diverge the Slack report, for example, that the effective rate
most from international practice. Vietnam has no of property tax in the United States ranges from
property tax in the modern sense of the term. The 0.4 percent to 2.9 percent for residential property
country does have taxes on land and housing, land and 0.7 percent to 6.0 percent for commercial
rent, and transfers of land use rights, but local gov- property (Bird and Slack 2002).
ernments have little or no control over these taxes. Property tax reform can offer a source of rev-
Thailand imposes land taxes, but they account for enue, perhaps modest in transition countries, and a
only about 5 percent of subnational resources, and source of autonomy and accountability across the
subnational governments lack authority over their region. Rationalizing land taxation in Vietnam—
rates and bases. Cambodia’s land taxes are insignif- and moving toward a modern property tax with
icant in revenue terms. some local discretion over rates and introducing
China has multiple taxes on property, often on modest property taxes in Cambodia—would be
the same base, which do not rest on market or first steps in those countries. Devolving authority
updated property assessments. Thus, these taxes do over rates in China, Indonesia, the Philippines, and
not deliver on their revenue potential. Yet unlike in Thailand is also a reform option.
Vietnam, local governments can set the tax rate on
urban land use subject to legislated maximums and
Business Taxation
minimums (larger cities can set higher rates, for
example). In fact, the tax on urban land use is one Some analysts regard business taxes as a potentially
of only a small set of own-source revenues in inefficient means of raising revenue. Often levied at
China. The tax base is the physical land area, not high rates, these taxes can distort firms’ investment
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Subnational Own-Source Revenue: Getting Policy and Administration Right 113

TABLE 6.4 Own-Source Revenue Assignment

Cambodia China Indonesia Philippines Thailand Vietnam

User Yes, provinces No, but “informal” Yes; these are Yes; these are Yes, on trans- Yes, on roads,
charges? and or “illegal” local numerous, and numerous, portation, education,
communes extrabudgetary some have high and some public and health.
can collect fees have administrative have high utilities, and
for some proliferated and compliance administra- markets.
basic in health, costs. Some are tive and
services. education, and “nuisance” compliance
roads. Some charges. costs.
are “nuisance” Some are
charges. “nuisance”
charges.
Property No, but minor Yes, to an extent, No; revenues Yes; rates set No, for the land No; some taxes
taxes? provincial in that SNGs shared with by SNGs development on land and
taxes on can set the rate SNGs, but they subject to a tax and the housing,
unused for the urban have no control maximum. house and land rent,
land. land use tax up over rates and Administered land tax. and transfer
to a ceiling. little control over by SNGs with The central of land use
There are also administration. little central government rights. But
numerous other assistance. sets rates. SNGs have
taxes on the no control
same property over rates
and land base. and little
control over
administra-
tion. No
modern
property tax.
Excise No, but taxes No, but taxes on Yes, on motor No; SNGs are No; central No.
taxes? on motor vehicle and vehicles and fuel, prohibited government
vehicles vessel use. though assigned from levying controls
at the to provinces. excise taxes, motor vehicle
provincial Also on minerals, including and other
level. raising equity on motor excise taxes.
issues. vehicles.
Personal No. No; a PIT is No; a PIT is shared Not exactly, No. No, but central
income assigned to with SNGs, but though the government
taxes SNGs, but they they have no community and SNGs
(PIT)? have no control control over tax tax is in the share PIT.
over tax policy. policy. form of a poll
tax.
Payroll No. No. No. No. No, though No.
taxes? base of
national
PIT includes
payroll.
General No. No, but central No. No. No, but central No, but central
sales government govenrment government
taxes? and SNGs share and SNGs and SNGs
value-added share value- share value-
tax. added and added tax.
sales taxes.
Business No, though Yes; a business Yes, though Yes; relatively Yes, though No, but central
taxes? business tax on gross officially limited large revenue limited to a government
license receipts, an to a few sectors. source. small number and SNGs
charges enterprise The number and of sector- share
and market income tax, and type of “business specific corporate
taxes are other surcharges taxes” are business-type income tax.
assessed and surtaxes growing, raising taxes.
at the (e.g., urban concerns about
provincial maintenance “nuisance”
level. and construction taxation.
tax).

Source: World Bank staff.


Note: SNG  subnational governments. Own-source revenue defined as a legal tax or charge over whose rate an SNG
has some control.
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114 East Asia Decentralizes

decisions (such as their debt-equity ratio). These simple low-rate, broad-based “single business tax”
taxes might also serve as barriers to new firms and the to replace sectoral and “nuisance” levies and fees.8
expansion of small ones. On the other hand, business Cambodian provinces levy business licenses, though
taxes are potentially large revenue generators and it might be more appropriate to transfer business
more elastic than other traditional subnational taxes licensing to the commune level and introduce a
(such as the property tax), although they may also be standard business tax at the provincial level.
more distortionary. Business taxes can be justified
according to the benefit principle: firms are consum- Personal Income Taxation
ing benefits provided by subnational governments
No country in the region makes use of personal
and thus should be charged for them.
income taxes as a source of subnational own-
This principle offers a rationale for differenti-
revenue. China, Indonesia, and Vietnam use such
ated business taxes at local and regional levels, such
taxes as shared revenues, however. Such taxes would
as user charges along with some form of business
thus appear to be a potential new source of revenue
licensing tax, and perhaps a low-rate tax on gross
for Cambodia, the Philippines, and Thailand. Allow-
receipts, either in place of or in addition to those
ing regional (provincial) governments to piggyback
options. At the regional level, the benefit case
taxes on national personal income taxes is an impor-
argues for a broad-based levy that remains neutral
tant option for boosting local revenues, and poten-
toward the factor mix, such as a value-added
tially for increasing autonomy. This assumes that
income tax or a business value tax (both options for
subnational governments could set the rates, and that
taxing value-added income). One further option is
the central government would administer the tax to
to levy both a payroll tax and a tax on capital. Pay-
avoid burdening local administrative capacity.9
roll taxes are easy to administer and productive at
low rates. However, they can act as a barrier to
User Fees and Charges
employment in the formal sector—a concern that
might outweigh their benefits in economies strug- Official use of charges and fees is widespread in the
gling to boost rates of formal employment. region.10 In Thailand, subnational governments
Table 6.4 shows that China and the Philippines levy user charges on garbage collection, public util-
have formal business taxes, which are major sub- ities, mass transportation, and medical and child-
national revenue generators. The business tax in care. The Philippines has more than 33 different
China—levied on gross receipts not subject to the types of user fees and charges, ranging from animal
value-added tax—covers a wide range of sectors, and civil registration to garbage collection fees.
including transportation, communications, and Total collections from each major source are rela-
construction, and accounts for a large share of tively small, reflecting the dispersion of revenue
provincial tax revenues (22.6 percent, on average, in sources (see table 6.5). Moreover, a large number of
2001). The business tax in the Philippines is similar, fees and user charges together generate less than
in that it is also levied on gross sales and accounts 0.10 percent of the total operating and miscella-
for a significant share of local revenues (29.8 percent, neous revenue of subnational governments. It is
on average, in 2002, including business licenses). important to note, however, that the main eco-
Giving subnational governments in China and the nomic rationale for levying user charges is to
Philippines control over rate setting could be both promote efficient use of public resources through
revenue-productive and autonomy-enhancing. the pricing mechanism, not necessarily to raise
Cambodia and Indonesia do not have local busi- revenue. Still, eliminating these extremely low-
ness taxes per se. Indonesia relies on taxes on specific yield fees would reduce the administrative and
sectors, including hotels, restaurants, and advertis- compliance costs arising from the complexity of the
ing. A growing number of subnational governments system.
in Indonesia are also taxing specific sectors, mimick- In Indonesia, the most significant provincial
ing business taxes. There is concern that the prolifer- collections from user fees come from charges for
ation of these taxes will result in distortions and health services. Collections from charges for build-
inefficiencies at the local level. This suggests the ing licenses are second in importance. At the city and
need to rationalize the taxes imposed on businesses district level, 62 percent of fee revenue comes from
to minimize distortions, such as by introducing a public service fees, 23 percent from licensing fees,
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Subnational Own-Source Revenue: Getting Policy and Administration Right 115

TABLE 6.5 Highest-Yield Fees and Sources of Operating Revenues of Subnational


Governments in the Philippines, 2000
(pesos)

Pesos % of total

Market receipts 1,568,806,000 15


Electrical light and power fees 738,108,000 7
Mayors’ permit fees 659,004,000 6
Hospital fees 657,528,000 6
Rents 368,598,000 4
Building permit fees 361,172,000 4
Garbage fees 337,992,000 3
Total operating and miscellaneous revenue 10,218,000,000 100

Source: COA 2001.

TABLE 6.6 Most Significant Charges by Local and Provincial Governments


in Indonesia, 2002
(million rupiah)

Share of total
Local government Revenue (%)

Charges for health services 745,903 33.25


Charges for building permit 240,547 10.72
Charges for market services 194,134 8.66
Charges for printing resident’s ID card and birth certificate 128,072 5.71
Charges for use of regional property 96,259 4.29
Garbage disposal/sanitation levies 92,160 4.11
Bus terminal levies 87,353 3.89
Disturbance permit levies 62,824 2.80
Public roadside parking levies 60,387 2.69
Motor vehicle inspection levies 46,347 2.07

Share of total
Provincial government Revenue (%)

Charges for health services 311,133 45.42


Charges for building permit 134,071 19.57
Charges for use of regional property 46,384 6.77
Motor vehicle inspection levies 36,259 5.29
Regional production sale levies 20,451 2.99
Wholesale market and shopping complex levies 15,607 2.28
Public roadside parking levies 12,603 1.84
Recreation and sports ground levies 11,774 1.72
License allocation of land use 10,711 1.56
Garbage disposal/sanitation levies 8,741 1.28

Source: Ministry of Finance.

and 15 percent from business service fees. All other local charges throughout the country in 2002). Many
provincial and local charges together contribute a of these low-yielding fees are levied on businesses,
very small percentage of total revenue. In fact, creating a heavy administrative burden and sug-
provinces levy 14 charges that generate less than gesting the need for rationalization (see table 6.6).
1 percent of charge revenues, and local governments Bird and Tsiopoulos sum up the challenge of
levy at least 30 such charges (with at least 93 different user charges as ensuring “that the right prices are
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116 East Asia Decentralizes

charged for the right services” (1997, 33). They also The Chinese case is particularly acute given the
argue that central governments need to provide large number of “unofficial” charges. Because of a
guidance—perhaps in the form of an overarching lack of autonomy, local governments have resorted
legal framework—to subnational governments on to introducing fees not permitted by law, and these
creating and managing user charges. Elements of represent a significant percentage of local budg-
such a framework include clear and transparent ets.13 The fees include surcharges on household
parameters for setting prices and a process for con- utility bills, hospitals and school charges, road
sulting with local stakeholders. National govern- maintenance, advertisement, vehicle purchases and
ments in countries with a particular concern in this others (World Bank 2002). While these fees may
area, such as China, Indonesia, and Vietnam, might introduce distortions and raise compliance costs
be warranted in intervening—at least in the near imposed on taxpayers, the World Bank has argued
term—with lists of allowable or prohibited charges. that “fears of run-away local governments arbitrar-
ily creating a jungle of local fees and charges do not
Excise Taxes appear to be justified.” Yet the growth of extrabud-
East Asian countries are split on excise taxes. The getary financing among local governments has
Philippines, Thailand, and Vietnam do not use become a serious concern. The World Bank esti-
major excises, which suggests another reform option mates that extrabudgetary funds and off-budget
for these countries.11 Allowing local governments to activities may represent 18 to 22 percent of gross
impose excise taxes or fees on motor vehicle regis- domestic product (GDP) (World Bank 2002).
tration would give those governments an appropri- The Chinese government has had a policy of
ate and potentially important source of revenue that converting informal fees into official taxes, but it
would be relatively easy to administer.12 is implementing this policy unevenly. In Gansu
province, for example, provincial officials report-
Significant Others: Fees, Other edly approve all local fees at the prefecture, county,
Taxes, Charges, and the Problem and township levels. But no one knows the extent
of Illegal Proliferation to which local governments are staying ahead of
provincial authorities by implementing new fees.
Illegal Activities
Similarly, Cambodia has had serious concerns
Lack of control over tax policy has encouraged local about the proliferation of “informal” fees and
governments to seek other tax and nontax sources charges at the commune/sangkat level. In fact, this
of revenue. In a number of East Asian countries, proliferation seems to be impeding development
local governments have the authority to enact new of a system of own-source revenues for newly
taxes and fees, though their authority is regulated elected subnational governments. Evaluations of
by law, and in some countries is subject to review existing practices have been only exploratory, but
by the central government. Central control has there are reports of birth registration fees being
encouraged local governments to become entrepre- “unofficially inflated” from US$0.10 to US$10
neurial, with both positive and negative results. In (UNCDF 2003).
China, this situation has led to the proliferation of In China, fees and charges undermine the tax
“illegal” extrabudgetary fees, some of which have system because they are not officially on the books.
distortionary effects. Indonesia has seen the prolif- In the Philippines, a similar argument can be
eration of nuisance taxes, which collect very little in made—but with a variation. In the Philippines,
revenue yet impose high administrative costs on numerous fees and charges on the books under-
local governments and compliance costs on taxpay- mine the system because they are either not col-
ers. In the Philippines, local revenue codes yield a lected, or are not collected in accordance with the
tax system of great complexity, with a resulting loss revenue code. In the city of Bacolod, for example,
of transparency and ability to monitor the system. the mayor’s business permit fee has more than 200
Some subnational governments are avoiding col- different rates, which vary by type of establishment.
lecting legal taxes and others are collecting “illegal” This complexity adds greatly to administrative
taxes, undermining the integrity of local gover- costs. Thus, putting revenues on the books and
nance and thus public support. legalizing them does not necessarily solve the
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Subnational Own-Source Revenue: Getting Policy and Administration Right 117

problem or eliminate the need to develop the local major reform option for at least two reasons. First,
capacity to manage user charges. the positive list of taxes provided in Indonesia
Overall, the proliferation of illegal, extrabud- (Law 34 of 2000) does not include any taxes that can
getary revenues raises concerns about efficiency generate significant revenue. This prompts many
losses stemming from distortions and relatively high subnational governments to introduce taxes that do
administrative (and possibly compliance) costs. At not necessarily generate much revenue either, as a
the same time, citizens of some localities may be way to assert their autonomy. As a result, nuisance
willing to pay for off-budget services from local taxes and charges abound. The Ministry of Finance
governments (in these cases, efficiency losses would found that more than 200 regulations submitted to
presumably be lower). Some subnational govern- the central government between August 2001 and
ments collect these off-budget sources in response January 2003 violated Law 34. Many are levied on
to limited autonomy, so the practice is somewhat agriculture, mining, and interregional trade. In
understandable, if not justifiable. However, these Lombok, for instance, three local governments
levies can undermine public trust in the tax system, jointly impose a 5 percent tax on 174 products
which cannot be good for long-term compliance. A leaving the island (Ray 2003). Thus, the problem
policy of reviewing and converting illegal fees into in Indonesia is not the open list itself but the fact
official ones, as in China, is warranted. that it does not include appropriate broad-based
taxes.
Second, the review mechanism does not seem to
Open Lists
work very well without adequate monitoring. For
One of the issues around the use and abuse of user example, Lewis estimates that subnational govern-
charges is the authority to enact new levies. In both ments send just 40 percent of all regional tax- and
the Philippines and Indonesia, local governments charge-related regulations to the Ministry of Home
have formal authority to introduce some new taxes Affairs for review, so many potentially harmful
and fees. In the Philippines, the Local Government taxes and charges remain in effect (Lewis 2003).
Code provides a range of tax and fee options for
local governments, though the country should con-
Revenue Assignment between
sider more options.The code gives local governments
Subnational Levels
the option to levy other taxes, fees, and charges, pro-
vided that the code does not specifically prohibit Revenue assignment between local governments in
them and the National Internal Revenue code does East Asia often seems to create incentive problems.
not already include them.14 That all makes sense These occur between provinces and subprovincial
within the framework established above. But what is levels in China and Vietnam; between provinces,
problematic is if subnational governments abuse cities and municipalities, and barangays in the
this “open list” approach by levying taxes and fees in Philippines; and between provinces, cities and
a nontransparent, illegal manner. Monitoring and regencies, and villages in Indonesia. In China and
enforcement of tax law matter. Vietnam, the lack of formal revenue assignment
In Indonesia, besides formally assigned taxes, creates unpredictability and reduces accountability.
Law 34 of 2000 allows cities and regencies to levy In the Philippines and Indonesia, the transfer of
additional taxes if they follow a number of general significant shares of collections from province to
criteria.15 To ensure that governments meet these subprovincial levels may reduce provincial incen-
criteria, the central government requires them to tives for collecting own-revenue.
submit regional regulations to the Ministry of In China, provincial governments may assign
Home Affairs for review. If the ministry, in consul- revenues to local governments within their jurisdic-
tation with the Ministry of Finance, finds that a tax tion (see box 6.1). Most, if not all, provinces seem to
violates legal provisions, the ministry may cancel follow the traditional hierarchical approach, assign-
the regulation, in which case the local government ing revenue between the province and the first layer
must rescind the tax.16 of local government (cities and prefectures), and
As noted, the “open list” approach has its merits. leaving each layer to work out arrangements with
However, countries might not want to seize on it as a the one below it. As mentioned, while the lack of
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118 East Asia Decentralizes

BOX 6.1 Revenue Assignment across Subnational Governments in


China’s Gansu Province

Gansu province is centralized, in that the provin- • For all other local taxes, prefectures and
cial level retains a relatively large share of all cities have full discretion over sharing
local taxes and rebates. For example, the arrangements.
province retains the entire amount of the value- • For certain local taxes, counties have full dis-
added tax shared with subnational governments cretion over sharing arrangements with
(that is, 25 percent of total national collections). towns and township governments. These
A number of important features characterize taxes include the farmland occupation tax,
subprovincial revenue assignment: the land appreciation tax, the housing prop-
erty tax, the vehicle license tax, and animal
• Revenues from the enterprise income tax and husbandry charges.
the value-added tax are allocated to the level • Given discretion at each level of government,
of government that “owns” the enterprise. a variety of other arrangements exist. For
• The city maintenance tax is shared 30 per- example, in some counties the prefecture
cent with the province and 70 percent with government received a share of the county
prefectures and cities. value-added tax despite the provincial rule
• The resource tax is shared 70 percent with that allocates the tax by ownership.
the province and 30 percent with prefectures
and cities. Source: World Bank 2002, pp. 57–58.
• The urban land tax is shared 40 percent with
provinces and 60 percent with prefectures
and cities.

formal assignment may have some advantages that despite policy, administrative, and political
for provinces, the disadvantage for subprovincial challenges, own-source collection shows some pos-
governments in terms of uncertainty would seem to itive signs, which augurs well for the future.
outweigh the potential advantages. However, in most cases, own-source revenues
compose a small percentage of total subnational
revenue and their share has either not improved
Revenue Performance
much or has actually declined. This means that
Own-source revenues in Indonesia and the subnational governments have not reduced their
Philippines have risen in nominal (and real) terms, dependence on central government transfers.
but have not fared as well as a percentage of GNP. The next sections analyze that result for several
In the Philippines, own-source revenues rose sig- countries.
nificantly right after decentralization, but have
been stagnant as a percentage of GNP—at 0.91 in
Composition of Own-Source Revenues
2001—ever since. In Indonesia, own-source rev-
enues rose from 1.1 percent of GNP in 1995 to From 1992 to 2002, own-source revenues in the
1.4 percent in 2002. In China, in contrast, local Philippines composed 34 percent, on average, of
taxes, which are predominantly shared revenues as total resources available to local governments.
opposed to own-source revenues (in fact, official However, own-source revenues declined from 38 per-
own-source revenues are minimal), grew signifi- cent in 1992 to 31 percent in 2002. Thus, these
cantly as a percentage of GNP since the Tax Sharing revenues, although nominally growing, have not kept
System reform, from 5.0 percent in 1994 to 7.0 per- up with the growth in transfers from the central
cent in 1999. Moreover, estimates of buoyancy in government (the Internal Revenue Allotment).
the post-reform period—a measure of revenue pro- In the Philippines, as in numerous developing
ductivity as a result of economic growth—show countries, property taxes account for the largest
that it is quite high.17 Overall, these results indicate single component of local revenues. In 2002, the
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Subnational Own-Source Revenue: Getting Policy and Administration Right 119

real property tax accounted for 36.5 percent of sub- and regency level declined from 12 percent to 9 per-
national own-source revenues, while business taxes cent from 1995 to 2000, and dropped further to
and licenses accounted for nearly 30 percent, and 6 percent in 2001, after decentralization. Transfers
operating and miscellaneous revenue accounted for rose in relative importance over the same period,
22 percent (see table 6.7).18 These percentages have from 84 percent to 87 percent of total revenues.
remained stable over time.
In Indonesia, own-source revenues accounted
Trends in Own-Source Revenues
for about 39 percent of total revenue at the provin-
cial level, but only 7 percent at the city and regency Both the Philippines and Indonesia show a clear
level (see table 6.8). Moreover, the percentage of trend: own-source revenues have risen slowly
own-source revenues to total revenue at the city but steadily. In the Philippines, nominal and real

TABLE 6.7 Own-Source Revenue Composition by Type of Local Government


in the Philippines, 2001
(percentage distribution)a

Sources All SNGs Provinces Cities Municipalities

Real property taxes 36.5 47.3 36.8 30.3


Business taxes and licenses 29.8 0.3 36.3 26.3
Other taxes 11.2 22.4 10.0 9.0
Operating and miscellaneous revenue 22.3 29.2 16.9 34.3
Capital revenue 0.1 0.7 0.0 0.1

Source: COA 2002.


Note: SNGs  subnational governments. Totals may not sum to 100 percent because of rounding.

TABLE 6.8 Composition of Regional Revenue in Indonesia, 2002


(millions of rupiah; percentage of total revenue)

Provinces Cities/regencies

Own-source revenues 14,207,830 7,454,629


38.46% 7.19%
Taxes and charges 12,500,929 5,109,501
33.84% 4.93%
Other 1,706,901 2,345,128
4.62% 2.26%
Grants 7,393,745 64,100,112
20.02% 61.83%
Revenue sharing 8,084,119 17,310,428
21.89% 16.70%
Carryover 6,307,652 9,752,994
17.08% 9.41%
Other 944,849 5,052,425
2.56% 4.87%
Total 36,938,196 103,670,588
100.00% 100.00%

Source: Ministry of Finance.


Note: Figures are projections based on data for 28 provinces (including Jakarta) and 324 cities
and regencies.
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120 East Asia Decentralizes

TABLE 6.9 Annual Nominal Growth in Local Own-Source Revenue in Indonesia, 1996–2002
(percent)

Annual increase 1995/1996 1996/1997 1997/1998 1998/1999 1999/2000 2001 2002

Regional tax 31 22 20 48 26 21 23
Regional charges 18 14 11 12 20 32 32
Profits—enterprises 18 33 2 20 26 10 89
Other 40 0 15 75 1 155 93
Total 24 16 14 20 20 40 42

Source: BPS and Ministry of Finance.

collections have grown steadily in all major cate- were less than half those from provincial taxes and
gories: property taxes increased nearly fourfold charges.
from 1993 to 2000, while taxes on goods and serv- Street lighting and hotel and restaurant taxes
ices rose fivefold. Taxes on goods and services account for over two-thirds of own-source collec-
recorded the highest average annual increase, tions among cities and regencies. “Other” taxes—
followed by the property tax. Growth rates for all which most likely include a large number of nui-
categories slowed during the latter part of the sance taxes that local governments have introduced
period. since Law 34 of 2000—represent only 6 percent of
In Indonesia, decentralization spurred a 40 per- tax revenue, indicating that the new taxes do not
cent nominal rise in local own-source revenues generate significant additional revenue.
between fiscal years 2000 and 2001.19 While rev-
enues from taxes and charges grew by 21 percent
Own-Source Revenue
and 32 percent, respectively, the largest increase
Administration
occurred in the category of “other,” which rose by
155 percent (see table 6.9). In 2001, locally raised Arrangements for tax administration vary through-
taxes contributed 43 percent of own-source rev- out the region, ranging from highly decentralized
enues, while charges raised 33 percent and the share in the Philippines to highly centralized in Vietnam,
of “other” revenues grew to 21 percent. with Indonesia and China between these two
Between 2000 and 2001, provincial tax revenue poles. Yet in all cases the relative roles of local and
more than doubled in Indonesia. Several factors national governments have not been well designed,
may explain this sudden jump. One factor seems to resulting in both capacity and incentive challenges.
be that provinces received additional taxing powers The Philippines, for example, is highly decentral-
under Law 34 of 2000 (even though the law abol- ized with respect to tax administration. The Bureau
ished some nuisance taxes). Another factor is that of Internal Revenue (BIR) administers national
tax collections, especially from the vehicle transfer taxes, while each local government administers its
tax, rose considerably. Third, changes in revenue- own-source revenues according to the Local
sharing arrangements may have created stronger Government Code and local revenue codes. More-
incentives for provincial governments to increase over, the law provides for little formal cooperation:
collections. the BIR operates independently of local tax admin-
Fuel and motor vehicle–related taxation domi- istrations, and the national government provides
nate provincial own-source revenues in Indonesia. little support to local governments.20 Meanwhile,
Provinces also appear to levy taxes that are formally local tax administrations usually operate independ-
assigned to local governments, such as the hotel ently of one another.
and restaurant tax and the street lighting tax. At the other extreme is Vietnam. The General
Despite their insignificant expenditure respon- Taxation Department—operating under the
sibilities, provinces raise almost twice the own- Ministry of Finance, with offices at the provincial
source revenues as cities and regencies. In 2001, for and district levels—is responsible for collecting
example, revenues from local taxes and charges all internal revenues. Local governments have no
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Subnational Own-Source Revenue: Getting Policy and Administration Right 121

tax administrative responsibilities. However, tax national level to administer national and shared
administrators operate under a system of dual sub- revenues, and a provincial tax administration
ordination, in that they are responsible to their tasked with all subnational revenues. According to
ministerial management as well as to representatives the World Bank, “de facto dual subordination” of
of local governments.21 Thus, the system is charac- central tax administrators to local governments is
terized by built-in tensions. Martínez-Vázquez still a problem, owing to old allegiances and the fact
notes that administrative centralization may reduce that local governments provide bonuses and assess
incentives for revenue collection, as central officials penalties to stimulate collection, thus creating
have fewer incentives to collect local revenues com- potential conflicts of interest (World Bank 2002).
pared with local administrators, who would have
greater incentives to collect local revenues. On
Local Revenue Administration:
the other hand, he notes, provincial authorities
Models and Options
have been known to pay bonuses to tax adminis-
trators who improve their collection performance Tax administration can also be assessed from the
(Martínez-Vázquez 2003). In this sense, subnational perspectives of autonomy and efficiency. Vehorn
governments have some administrative control at and Ahmad (1997) offer four models for tax
the margin. administration in decentralized polities. These
In Indonesia and China, the central government include central tax administration with revenue
administers all shared taxes, while local govern- sharing, central tax administration with assignment
ments administer revenues assigned to them. In of taxing powers to different levels of government,
Indonesia, local revenue agencies administer the multilevel administration with revenue sharing,
taxes for which they are responsible, with little and self-administration by each level of govern-
support from the central government. As in the ment. Mikesell (2002) stresses another dimension:
Philippines, the result is that administrative capac- the extent to which national and subnational
ity and collection costs vary widely by locality. authorities cooperate or operate independently.
China’s Tax Sharing System reforms of 1994 cre- Table 6.10 reveals a great deal of diversity in the
ated two separate tax administrations—one at the region on the administrative side, with transition

TABLE 6.10 Tax Administration Models in East Asia

Models Countries Observations

Central administration with Vietnam Highly centralized, but dual


tax sharing Cambodia subordination of tax
administrators gives SNGs
some control at the margin.
Multilevel administration China Formally separate
with tax sharing administrations for national
and provincial levels, though
dual subordination in practice.
Indonesia Formally separate administration,
though some cooperation between
central and SNG tax agencies,
including on property tax.
Thailand Formally separate administration
at the national, municipal/city, and
subdistrict levels.
Self-administration by each Philippines Separate provincial, municipal/city,
level of government and barangay administrative levels;
little cooperation between central
and SNG tax agencies.

Source: World Bank staff.


Note: SNG  subnational government.
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122 East Asia Decentralizes

economies closer to the centralized pole and administration is one that simply follows the tax
Indonesia, the Philippines, and Thailand closer to code, leaving aside the question of whether the law
the decentralized pole. is good policy. In the Philippines, bureaucrats are
Guidance from the literature on good practice in employees of the local government and therefore
tax administration in decentralized contexts is less agents of local executives. But bureaucratic agents
clear. No consensus has developed on the principles of higher-level governments could also be responsi-
of devolved administration. ble to the local chief executive. The point is that tax
The efficiency criterion would argue for reducing administrators do not need to be local government
total administrative and compliance costs by taking employees to ensure accountability to local govern-
advantage of economies of scale and scope. The ments. Devolved responsibility does not necessarily
Philippines, for example, includes hundreds of imply devolved administration, especially in the
small-scale tax administrations collecting revenues context of weak local capacity.
throughout the country. Their ability to attract and A number of options would preserve local auton-
retain qualified personnel is limited, as is their omy while improving efficiency. These options need
access to information technology. This limited not be universal for all subnational governments in
capacity has direct consequences for taxpayers in a given country. Rather, subnational governments
terms of higher compliance costs. Variations in local could consider the options on a case-by-case basis,
capacity also mean that taxpayers do not receive which would imply asymmetrical treatment.
uniform treatment throughout the country. Depending on local conditions, asymmetry might
The key question is whether it is possible to cen- make sense, and would likely generate useful pilots
tralize some administrative functions to reduce for more comprehensive reforms.
costs while not curtailing local autonomy. That is, A similar approach would encourage local gov-
to what extent is local tax administration a sine qua ernments with greater capacity to perform, for a
non of autonomous local governance? One could fee, some functions for other local governments
argue that since some functions of tax administra- with less capacity. That occurs with Lima’s Tax
tion effectively control marginal revenues, subna- Administration Service, which collects property
tional governments must have control over these taxes for two other Peruvian municipalities (Ate
functions in order to have—by definition—own- and La Victoria) for a 5 percent commission. The
source revenues. Looking at administration as a critical issue is whether subnational governments
bundled set of functions rather than a homoge- would control administration at the margin.
neous process allows one to think about differential Another option would be to establish a tax
treatment of administrative functions. For exam- agency that would assist local governments—on a
ple, the level of enforcement activity will have a case-by-case basis, for a fee—with core administra-
direct bearing on the level of tax arrears collections. tive functions: registration, collection, and compli-
Thus, a subnational government that controls ance. Such a subnational tax agency would allow
enforcement activities would be able to increase economies of scale and scope, which could lower
revenues at the margin. The same holds for tax- administrative and compliance costs. At present
payer registries, which can be managed more or less there are no known examples of this approach.
aggressively, and taxpayer services. The argument is Yet another approach is for the national govern-
less true for other functions. Take property valua- ment to take responsibility for functions such as
tion. If valuation relies on market methods, there is property assessment, or to help local governments
not much scope for differences in implementation. with core functions. National governments assist
The point is that administrative as well as policy with core functions in many countries. In Colombia,
levers can affect marginal revenues (though some the central government maintains the property reg-
administrative effects might be quite small). ister and updates property valuations. In Cyprus,
Local governments do not, in theory, need to Estonia, Jamaica, Malawi, and Pakistan, the central
control all tax functions directly if they control the government is responsible for assessing property
administration of those functions. The law requires and collecting taxes, even though property taxes are
tax administrators, as bureaucrats, to do as their assigned to local governments (Vehorn and Ahmad
political principals say. One definition of a good tax 1997; McCluskey and Williams 1999, cited in
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Subnational Own-Source Revenue: Getting Policy and Administration Right 123

Mikesell 2002).22 To add a dynamic element to this smaller jurisdictions in many countries. For exam-
approach, one could envision local governments ple, in Indonesia and the Philippines, provinces col-
progressively taking over more functions as they lect and transfer some revenues to lower levels. This
develop capacity in these specialized areas. All local option—provided that higher jurisdictions are
governments would not necessarily perform all tax given adequate incentives—is worth exploring as a
administration functions, as some undoubtedly way to rationalize administrative arrangements
make more sense administered centrally. between national and subnational governments, and
Some East Asian countries have already taken between subnational governments themselves.
advantage of economies of scale and scope. Respon- Though there are some success strories in the
sibilities for administration vary among subnational region (see, for example, box 6.2), the administra-
levels of government, with larger jurisdictional tive capacity of subnational governments is weak
levels having some responsibility for collections for in many cases, and is the binding constraint on

BOX 6.2 Improving Tax Administration in Quezon City, Philippines

Quezon City—the largest city in metropolitan other taxes, including the business tax and
Manila in land area and population—faced a seri- mayor’s permit fees.
ous budget deficit in 2001. The administration of • Direct withholding of taxes from city contrac-
Mayor Feliciano Belmonte, Jr., who assumed office tors and suppliers, which rose from 12 per-
in July 2001, inherited outstanding obligations of cent to 75 percent of gross collections.
P1.4 billion and bank debt of =
= P1.2 billion. The city
decided to improve its revenue collection. The “carrots” include the following:
The mayor’s first step was to convene a search
committee, headed by the dean of the College of • An increase in the discount on early payment
Public Administration of the University of the of property taxes, from 10 percent to 20 per-
Philippines, to recommend candidates for treas- cent for annual payers, and from 5 percent to
urer. The mayor settled on Dr. Victor Endriga, who 10 percent for quarterly payers.
quickly implemented reforms over the next 18 • Improved taxpayer facilities, including mod-
months designed to reverse the city’s fiscal course. ern air-conditioned lounges with automatic
Treasurer Endriga adopted a “carrot-and-stick queuing systems, free coffee and tea, free
approach.” The “sticks” include the following: local telephone calls, and televisions.
• Plaques from the mayor presented in a public
• Property auctions for delinquent property ceremony to the 10 most “outstanding”
taxpayers. The city conducted three auctions taxpayers.
in 2002—the first postcode auctions in
Quezon City. (Although delinquent taxpayers The city also computerized its property and busi-
have sued the city, they do not phase the ness tax registries and collection processes, hired
treasurer: “it’s part of the game.”) an outside firm to input all paper records, insti-
• Delinquency letters sent to recover the esti- tuted new security features, raised tax rates, and
mated = P10.7 billion owed the city. (Each staff reassigned employees within the treasurer’s
member must send out at least 20 letters office to avoid familiarization. The city now
daily, as staff had sent few before.) rewards (such as with overseas trips) and pun-
• The use of presumptive minimum levels of ishes revenue examiners based on actual collec-
gross sales for the business tax and for markets. tions, and conducts house visits of delinquent
• A requirement that all business establish- taxpayers.
ments with gross receipts over = P500,000 sub- This reform program has paid off. Own-
mit their previous year’s financial statement, source revenues rose from = P2.3 billion in 2001 to
as well as information on monthly tax pay- P3.9 billion in 2002, and the city closed the year
=
ments from the Bureau of Internal Revenue. with a surplus of =P0.5 billion.
• A requirement that all payments of real estate
taxes include confirmation of payment of Source: Endriga 2003.
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124 East Asia Decentralizes

improving revenue performance throughout the reported that instead of confrontation, mayors used
region (see box 6.3). As Bahl has argued regarding their “charisma” to persuade businesspeople to pay
China, “Tax administration shortcomings plague taxes. One government reported active opposition
Chinese fiscal policy” (1999, 66). The principal from the chamber of commerce to the General
problems include the following: Revision of Assessment, and another reported
intense lobbying from the private sector against
• The prevalence of stop filers, nonfilers, and late increases in tax rates, which resulted in compromise.
filers, owing to low local capacity to register tax- Other localities report that businesses have taken
payers. This results in delinquent payments and legal action against property auctions and tax
the accumulation of arrears, especially in the increases. Taxpayers sued Quezon City, for example,
Philippines. over “confiscatory” tax rates.
• Infrequent audit and enforcement (temporary While no one knows the precise impact of
closures and property auctions), resulting in low political constraints on local taxation, a number
compliance. This seems to be a problem in both of hypotheses—focusing on incentives—may be
Indonesia and the Philippines. posited. One possibility is that politicians simply
• The limited availability of taxpayer services, weigh the net impact, or political tradeoff, of higher
although some local governments in Indonesia revenues against greater expenditures. Simply put,
and the Philippines offer important examples of officials decide to increase taxes (either through
good practice. higher rates or better administration) when the dis-
• The low professional qualifications of staff in all counted benefits of greater expenditures are higher
three countries. than the discounted costs of higher taxes. Many
• Inadequate support from and coordination with officials seem to decide that the political costs of
the national government. higher taxation are greater than the expected bene-
fits. There are several possible reasons. First, the
Overall, the East Asian experience suggests that
expected marginal benefit is small compared with
the multilevel administration model (with tax shar-
the political cost of unhappy constituents. Ineffi-
ing) may hold the most short-term promise. The
ciencies in delivering services (such as patronage or
advantage of this model is the possibility that dif-
padded projects) might also outweigh the impact
ferent levels of administration could assume differ-
of greater revenues, “wasting” the tax increase.
ent functions, and it could also facilitate assistance
Another possibility is that the incidence of
to subnational governments. Assigning complex
benefits and costs—in terms of expenditures and
tasks with economies of scale (such as property val-
revenues—might undercut local elites. Increases
uation) to either a central government agency or an
in property tax collections would most likely harm
agency dedicated to subnational support would
the wealthy from a distributive standpoint, while
reduce administrative costs and likely improve
increases in service delivery would most likely favor
service quality. East Asian countries could further
lower-income groups. However, politicians may
explore the idea of a subnational tax support
not weigh these impacts equally, and may be reluc-
agency, funded by subnational governments and
tant to use higher tax collections to fund pro-poor
under their control. Other solutions, such as for
service delivery.
subnational governments to contract out to other
Other explanations focus on the timing of bene-
local governments or piggyback on national taxes,
fits and costs, the extent of executive control over
are also worth consideration.
spending, and the electoral strength of the incum-
bent. Term limits on local executives—which
The Politics of Local Taxation
limit them to two terms of three years each in the
While policy and administrative constraints on local Philippines, for example—might also make them
taxation are critical, political constraints also affect reluctant to invest in tax improvement programs
performance. Several local governments in the that would yield fruit over the long term.
Philippines, for example, reported that “political Property tax collection by local governments in
intervention” underlay their limited use of the power the Philippines may be particularly problematic. As
to auction or close businesses. Other governments in most former Iberian colonies, landholding in
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Subnational Own-Source Revenue: Getting Policy and Administration Right 125

BOX 6.3 Local Revenue Administration in Action in East Asia

Evidence from Indonesia: – A lack of automated registers.


– Low-quality record keeping.
• Revenues are administered according to a • Business tax registers are known to be incom-
multilevel model: plete, given frequent changes in registered
– The central government administers establishments, which results in low levels of
national taxes. control and compliance.
– Local tax agencies, generally known as • Problems undermining property tax collec-
DIPENDAs, play a minor role in administer- tions include:
ing the property tax. – Collection efficiency for property taxes is
– Vehicle and vehicle transfer taxes are jointly low, resulting in the hemorrhaging of the
administered by the provincial DIPENDA, most important source of local revenues.
the national police (as the coordinator), Local governments seem to be in a weak
and a state-owned insurance firm. position to collect the taxes. Improving the
• Own-source revenues are administered efficiency of collection can raise these rev-
directly by DIPENDAs of the cities, regencies, enues significantly.
and provinces, except for street lighting and – Property assessments have not kept up
fuel taxes. However, by issuing permits with changes in market values. Most local
and licenses, local departments actually governments have not performed the Gen-
collect the user charges coordinated by the eral Revision of Assessment since 1991,
DIPENDAs. resulting in significant undercollection of
• The administrative performance of the property taxes.
DIPENDAs varies widely. – Noncompliance with the requirement for
• DIPENDAs have few cooperative agreements regular assessment requires urgent atten-
or information exchanges with other agen- tion. The country could revise the code to
cies within the same government, except for allow the national government to do the
property tax field offices of the Directorate assessments for local governments that do
General of Taxation. not comply.
• DIPENDAs may use a certain percentage of • The compliance function seems inadequate.
total tax revenues to pay allowances to staff, Major constraints include:
though these bonuses are not usually based – Infrequent exercise of local audit authority.
on performance. – Infrequent exercise of local enforcement
• The quality of tax administration varies. Most authority, in the form of temporary clo-
DIPENDAs receive taxes directly in their sures of firms and auctions of property.
offices, while others use partially government- • The difficulties of local governments in
owned regional development banks. enforcing compliance suggest the need for
• One of the highest priorities of most DIPENDAs presumptive taxation in some cases, espe-
is developing the ability to professionally audit cially for the business tax and some fees and
taxpayers, considered the weakest link in the charges.
system. The approach to taxpayer auditing • The principal constraint on taxpayer services
varies by local government. DIPENDAs tried to is their limited availability. The lack of even
introduce information technology in the early the most basic taxpayer services and written
1990s, but few local governments are still materials means high compliance costs are
operating the computer systems because of likely to be the norm across the country.
lack of training. • One main cause of underperformance is
weak administrative capacity, owing partly to
Evidence from the Philippines: the low professional qualifications of staff.
Inadequate coordination with the Bureau of
• Principal constraints on taxpayer registration Internal Revenue, and low levels of support
include: from the Bureau of Local Government
– A lack of regular maintenance and validation Finance, which might establish information-
of the property tax and business registers. sharing protocols, are also factors.
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126 East Asia Decentralizes

that country has been concentrated. This legacy avenues, subnational governments do not appear to
pits powerful landowners—some of whom have have exhausted all their options. In some countries
diversified their wealth into other assets—against and for some taxes, local governments appear to
weak local governments, some of which have been prefer a lax collection strategy (property taxation in
run by local elites for generations. Not surprisingly, the Philippines, for example). Moreover, to the
the ability of local governments to enforce compli- extent that the quality of local tax administration
ance with local revenue codes is weak in the face of reflects both capacity and interest (according to
elite resistance. the “revealed-preference” line of thought), then
many subnational governments “prefer” weak
administration.
Conclusions and Implications
Incentives thus play a role in determining collec-
This review of experiences in Cambodia, China, tion levels of own-source revenues. This chapter
Indonesia, the Philippines, Thailand, and Vietnam suggests that two kinds of incentives play a role.
finds that local governments have limited authority The first is the systemwide incentive. For example,
and ability to raise their own revenues at the mar- inherent in the intergovernmental fiscal transfer
gin. As a result, own-source revenues are low as a system are incentives that affect own-source collec-
share of total subnational resources, and in some tions. In Indonesia, the fact that the principal inter-
cases have been declining as a share of total governmental grant is based on the difference
resources. Limited revenue-raising power and between fiscal needs and revenue capacity, rather
capacity raise questions about the supposed bene- than actual revenues, gives subnational govern-
fits of decentralization in improving accountability ments incentives to raise collections to close the
and allocative efficiency. Reliance on transfers in gap. The opposite is the case in Vietnam, which
their myriad forms creates dependence on the bases transfers on the difference between expendi-
national government and may weaken subnational ture needs and forecasted revenues, which are
incentives to improve own-source revenue. Four based on previous collections. This formula could
key messages merit emphasis. provide negative incentives, since higher collections
First, local governments have limited control result in lower transfer amounts (World Bank
over tax policy, including the ability to set rates and 2004b). Second, rational politicians might not pre-
define the tax base. Decentralization is thus more fer to increase own-source collections under cer-
political than fiscal. Lack of control over taxation tain circumstances.
at the margin breaks the tax-accountability link, Fourth, improvements in local tax administra-
undermining the expenditure efficiency promised tion would greatly strengthen subnational finance
by decentralization. While the general limit on systems. Tax administrations vary throughout the
own-source revenues is not the only constraint, region, ranging from highly decentralized in the
policy autonomy is essential for significant Philippines to highly centralized in Vietnam, with
improvement to occur over the medium term. Indonesia and China between these two poles. Yet
Second, the lack of authority over tax policy the relative roles of local and national governments
seems to have spurred local governments to seek have not been well designed, resulting in both
unofficial tax and nontax sources of revenue, with capacity and incentive challenges. Local govern-
deleterious consequences. In a number of coun- ments tend to underperform on own-source collec-
tries, local governments have the authority to enact tion and administration, reducing the credibility of
new taxes and fees and thus engage in entrepre- the local tax system and contributing to a culture of
neurial behavior, yielding both positive and nega- noncompliance by raising compliance costs for tax-
tive results. The resort to informal and illegal fees payers. Local administrative capacity is thus quite
is even more unfortunate considering that subna- weak in many cases, and the binding constraint on
tional governments in the region are unable to avail improving revenue performance.
themselves of many taxing options open to govern- This chapter points out that the lack of develop-
ments in other regions. ment of significant own-source revenues in many
Third, despite the lack of opportunity to raise countries is limiting the extent to which subna-
revenues and the apparent interest in “unofficial” tional governments can finance decentralized service
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Subnational Own-Source Revenue: Getting Policy and Administration Right 127

delivery and make decisions about taxation and Pakistan, where small towns (tehsils) adopted levies on gross
receipts in 2002 (and contracted out collections).
service levels. However, it must be noted that local
9. It is noteworthy that the region has no cases of piggyback
governments in some East Asian countries receive taxation with local rate setting.
relatively large shares of national income. Thus 10. User charges are defined here, following Bird and Tsiopoulos
any efforts to boost own-source revenues would (1997, 39), as “charges levied on consumers of government
goods and services in relation to their consumption,” when
need to occur in the broader context of matching consumption is voluntary (such as public water charges).
total resources—including transfers and shared Fees are defined, in contrast, as cost recovery for a mandated
revenues—to expenditure responsibilities. public service (such as automobile licensing).
11. In fact, provincial councils will set the rate for Thailand’s
Challenges remain for improving local tax policy vehicle tax as of 2005.
and administration. The lack of autonomy under- 12. However, the Local Government Code in the Philippines
mines the ability of local governments to realize the prohibits local excise taxes (Sec. 133 (h)) as well as levies on
motor vehicle registration and driving (Sec. 133 (l)).
benefits of decentralization by tapping significant
13. Ahmad et al. (2000), report that extrabudgetary funds rep-
revenue sources to satisfy local preferences regarding resented nearly 40 percent of all local revenues in 1999.
the level and quality of services. Fiscal sustainability 14. R.A. 7160, Sec. 186.
requires improvements in own-source revenue col- 15. For any taxes not listed in Law 34, local governments can
decide on appropriate tax bases and rates, as the central
lection and administration more generally. Weak government establishes only general principles.
administration undermines local tax systems by con- 16. The regional parliament must pass these regulations to
tributing to high rates of noncompliance, high com- authorize the introduction of a new tax or charge.
17. The World Bank calculated the buoyancy coefficient of
pliance costs for taxpayers, and high administrative local taxes at 1.6 for the 1994–1999 period (2002, 55).
costs for local governments. Getting the relationship 18. However, a significant share of property tax revenues is
between the national and local governments right— earmarked for education spending. On average, over the
period 1992–2000, the Special Education Fund, which is
in both policy and administrative terms—is pivotal.
earmarked for education, accounted for 44 percent of total
property tax collections, which is quite high considering
Endnotes that property taxes are the main source of subnational
own-revenue. Earmarking is another form of reduced sub-
1. For further discussion, see Bird 2003b; and Martínez- national autonomy.
Vázquez 2003. 19. This is based on annualized data for fiscal year 2000 (which
2. For further discussion, see Mikesell 2002. Many of these lasted nine months). In general, observers agree that the
papers and others are available at www.decentralization.org. quality of fiscal year 2000 data is questionable, since—
3. Local Government Code, Sec. 191. besides being shorter—this year was the transition to decen-
4. The percentage split for the Land and Building Tax (exclud- tralization. Thus, it would not be appropriate to place much
ing mining and plantations) is: center (9 percent), which is emphasis on comparisons involving fiscal year 2000 data.
intended to cover administrative costs of the deconcen- 20. The only notable exception, in some ways, to this rule is
trated revenue offices; provinces (16 percent); originating that subnational treasurers are employees of the Depart-
local government (65 percent); 6.5 percent equally across ment of Finance.
regions; and 3.5 percent to regions that exceed their previ- 21. Still, the General Taxation Department is responsible for
ous year’s revenue target. A Land and Building Transfer tax appointing, promoting, and transferring departmental
is also shared: provinces (16 percent), originating local gov- staff. To what extent local officials have input into these
ernment (64 percent), and the remainder to all local gov- processes is unknown.
ernments. The personal income tax is 80 percent central, 22. See also Mikesell 2002 on intergovernmental tax adminis-
8 percent provincial, and 12 percent originating local gov- tration compacts in the United States.
ernment. See Law 25/1999, GR 115/2000, GR 104/2000.
5. Reference to Indonesia’s “regions” generally means provinces
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