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NZ tax laws too complicated, allow too much choice, policy group says
"New Zealand's tax laws are now too complicated and allow too much choice," Michael Littlewood, co-director of Auckland University's Retirement Policy and Research Centre (RPRC) said as he released briefing papers from the RPRC's recent tax symposium.
Three briefing papers were released on Friday discussing superannuation schemes, tax and income, and will provide the basis for the RPRC's submission to the Government's tax review group. Links to the papers are below, we invite our readers to look through them along with us.
"The tax laws and regulation that now govern pay and other income received through a "portfolio investment entity" (PIE ) and a superannuation scheme are now complex and allow individuals too much discretion to change the incidence of tax. New Zealand used to have a relatively simple tax and saving environment but that has changed in the last ten years," Littlewood said. "To illustrate:"
- Definitions of "˜superannuation scheme': There are now nine different regulatory definitions of a "superannuation scheme" though only three of those matter for tax purposes.
- Definitions of "˜income': There are six different types of "income" that affect tax and welfare obligations.
- Improving after-tax pay: With a co-operative employer, an employee on pre-tax pay of $150,000 a year can improve the annual value of after-tax remuneration by $6,125.
- Improving after-tax investment income: A rich investor can reduce tax on an invested lump sum by nearly 30% without affecting spendable income. That same rich investor can also qualify for income-tested welfare payments.
"The RPRC welcomes the Tax Review Group's work and will make a submission highlighting the issues that seem to be of most significance as far as pay, saving and the interaction with the welfare system are concerned. The three PensionBriefings together show what happens when artificial boundaries are created between different types of income. We must expect taxpayers to take advantage of those boundaries," Littlewood said.
"(O)ne clear result of this work is that richer, more highly paid individuals are best placed to maximise their after-tax incomes through use of the techniques illustrated in the PensionBriefings. That seems to strike at the heart of equity that should be an important component of New Zealand"Ÿs tax and welfare arrangements," he said.
On its website, the RPRC stated:
For the 10 years up to 2000, New Zealand had a broad base, low-rate or comprehensive income tax system, supplemented by a broad-based GST. In this regime, there were some notable departures from neutrality, but saving specifically for retirement was not favoured for tax purposes over other forms of saving such as bank deposits.
This approach was endorsed by the McLeod Committee in the 2001 Tax Review but many changes since then have undermined the principles and created new complexity, distortions and inequities. The welfare/tax interface has provided ongoing problems, made more complex by the transfer to the IRD of many specific welfare measures.
Related Topics
The symposium was titled 'Superannuation schemes, tax and income "“ have we lost our way?' It was held at the University of Auckland's Business School on July 16.
Here are links to the three briefings. We invite our readers to read them with us and post your thoughts and insights in the comment space below.
1. Superannuation schemes, tax and "income"
2. Structuring remuneration to maximise value through "˜salary sacrifice'
3. If I won $5 million: structuring investments to maximise after-tax income
Ooooooooh Alex : Don't tell
Ooooooooh Alex : Don't tell me that these august folk have twigged to Michael Cullen's warping and convolution of our taxation system ? So it was all hunkadory until about the year 2000. And it seemed to go pear shaped after that. And what did Cullen do to the McLeod report of 2001, shelve it ! And what has Bill English done with the McLeod report........nothing. It's still where Michael left it.........Hmmmmmmmmmm
Had a dig in Treasury's
Had a dig in Treasury's basement.
Here is the McLeod stuff from 2001, including the final paper:
http://www.treasury.govt.nz/publications/reviews-consultation/taxreview2001
I don't even have the
I don't even have the heart to participate in this thread, from this post. The story is depressing, the thread no doubt will be.
Look at what these idiots are doing, using the complexity of the taxing legislation - and no disagreements there, it is ludicrous, and nonsensical in a manner that would be hysterically funny, something out of Pinter, if if weren't for the fact this legislation is used to clobber taxpayers with - but this lot are using it as an excuse for the government to ultimately get a bigger tax out of SAVINGS. You know, SAVINGS, the lack of which is one of the primary things wrong with our economy, and represents one of the biggest problems we as a country face as the baby boomers retire. And this is the first area they are attacking.
Let's not even worry about the contorted nature of tax legislation in EVERY OTHER AREA of business activity that serves to stymie that activity, and before which, as I have said before, often a taxpayer can gain no clear advice on their position before the law, but if they are found wanting will be clobbered with penalties and use of money interest that are obscene. And meanwhile in Australia they are talking about abolishing corporate tax. That's simplification.
The way to correctly solve the complicated tax law relating to investment and superannuation savings, and encourage such savings, which is what has to happen, is NOT to tax them. That's simple. Why does no one who is involved in this process ever able to get themselves to this most sensible of positions?
God save us from academics and the Left - which are always the same. I hate this, and these people.
"(O)ne clear result of this work is that richer, more highly paid individuals are best placed to maximise their after-tax incomes through use of the techniques illustrated in the PensionBriefings. That seems to strike at the heart of equity that should be an important component of New Zealand"Ÿs tax and welfare arrangements," he said.
Whoever wrote this paragraph should have given his qualifications for making the statement, which in this case would have been: 'Qualification: Bolshevism is my guiding principle in life'.
Okay, nothing more to see of this train wreck, back to work please ...
In response to Mark Hubbard,
In response to Mark Hubbard, I am the author concerned and those who know me well would probably not put me into the category of either "academic" or "Left" and I am no fan of what the Bolsheviks did to Russia. I am, however, a great believer in evidence-based policy making.
What Mark Hubbard does need to understand is that there is no international evidence to support the idea that tax incentives increase saving overall. They affect its distribution but not its scale. If he wants proof of that, he can go to www.PensionReforms.com (I am its principal editor); then to the "Search & Options" tab and choose "Taxation" as the topic. He will find 17 studies there from around the world that, in one way or another, touch on taxation as it relates to retirement saving.
Tax incentives specifically for retirement saving are universally complex, regressive, inequitable and require large and growing amounts of regulation and bureaucracy. But worst of all, they don't seem to work (raise saving). This last difficulty should be enough of a problem but it is by no means the only one.
What is so universally complex,
What is so universally complex, regressive and inequitable about NOT TAXING them at all?
If people are not saving,
If people are not saving, and instead just living for today, perhaps we should abolish the retirement age all together. Doing so would allow people to maintain their work and spend ethos.
Ironically this could encourage saving, tax incentive or not.
Oh dear, it is well
Oh dear, it is well known that Labour governments are generally better for tax loopholes as they add layers of regulations each time they try to fix or favour something. National or conservative governments tend to be more financially literate and so tend to close loopholes. High tax rates warp all investment decisions (anyone fancy investing a few million in a vineyard in Otago?).
<b>Michael</b> <i>there is no international
Michael
there is no international evidence to support the idea that tax incentives increase saving overall. They affect its distribution but not its scale.
You obviously agree, Michael, that NZ faces a huge problem with upcoming superannuation payments/affordability by the State? The nature and scale of the problem is that soon, some 'body' such as yours is going to have to come up with 'utterly' radical solutions, that are nothing like the tinkering that your study represents. And then some brave government is going to have to implement it. Surely, a sensible way toward solving this is for people to save for themselves, and if you do not siphon tax away from savings, then individuals will be able to save much larger sums, especially when compounding returns are considered - note, I say in the individual's case.
I think the problem with 'scale' of savings is down to our Western welfare states being conducive to not taking responsibility for ourselves, and that can only be attacked by attacking the philosophy behind our huge welfare states themselves.
The quid pro quo I am getting at is don't tax investment and superannuation savings, thus, State paid pensions will he phased out. I put it to you that is a far better way to solve the bureaucracy issue you mention (which I agree with you on - in fact there is much that I agree with you on in your study, other than the entire thrust of it :) ). That is, personal responsibility - my problem, from a Libertarian point of view - there's the hint - is that every study such as the one you have just released mires the State in my life, and will not solve the superannuation crisis we have coming: why not put forward a policy plank that people like me who are prepared to sign a waiver that I will not take on a State pension, in return for which I will not be taxed on my savings thus putting me in a position to adequately provide for myself and my wife (and my savings are easy to differentiate from my income, I don't see that as increasing bureaucracy)?
I put it to you that you can't, because 'your system' needs my tax so it can be re-distributed to pay the pensions of those that do not save for their retirement, for whatever reason (though I am again saying, this is a philosophical issue). Our system, full stop, works on this. Which incidentally, is where the Bolshevism remark came from - sorry about that by the way, but your stance is one that involves the State in my life, seeks redistribution of my income and effort, thus is one I consider to belong to collectivism, rather than freedom based (from an individual's point of view). It leans toward controlled economies, the distortions and intrusions of State, not laissez faire economies.
Finally, you state that tax incentives are proven not to raise savings: well ultimately what I am saying is, I can prove to you that it would raise mine, by 30% and 39% each year, plus the compounding return on that portion that is taken to grow the welfare state, and our superannuation problem.
I know, I have talked only to the 'distribution of savings' not scale. But someone is going to have to supply the circuit breaker to the retirement crisis, and that can only be founded on a recognition that the size of the State has to slashed, and we all have to learn to be far more responsible for ourselves. You study, again, much of which I agree with in the detail, does not aid toward this much bigger 'revolution' - and that's what it is - which much occur.
Regarding the RPRC, what do you forecast as being NZ's position in fifteen years time, vis a vis, being able to afford a State paid pension?
(And thank's for answering to my post.)
<i>You study, again, much of
You study, again, much of which I agree with in the detail, does not aid toward this much bigger "˜revolution' - and that's what it is - which much occur.
Sorry typos - Your study, much of which, again, I agree with you on in the detail, does not aid toward this much bigger revolution - and that's what it is - which must occur.
One last point, I only
One last point, I only 'sort of' apologise for the Bolshevik remark :) , in that it was a little exaggerated. But any writer that starts talking about 'equity' in this context, is always talking 'redistribution', and that is always socialism.
So I guess we get
So I guess we get the uniforms at Postie Plus then, Mark.
The Tax Office has streamlined
The Tax Office has streamlined its tax form this year. It goes like this:
(a) How much did you make last year?
(b) How much have you got left?
(c) Send (b).
Henny Youngman
Mark I need to divide
Mark
I need to divide the discussion into two sections. The first concerns the issue of New Zealand Superannuation. Despite everything you might have read, we do not face a financial crisis with the future cost of NZS. All the major reviews of this specific issue (1992, 1997, 2000, 2003, 2007) have concluded that what we have is broadly sustainable. Its cost will about double, left alone, because the number of superannuitants will about double. But, even by 2050, the cost of NZS as a proportion of the economy will be somewhat less than many countries are already spending on pensions (before their baby boomers start retiring). That does not mean NZS should be left alone only that we do not need to cut it back on cost grounds alone. It simply isn't a crisis now or in fifty years.
Whether we should have NZS, as you suggest (or allow some kind of opt-out) is another issue. I think NZS is probably the best Tier 1 scheme in the world and, partly as a result of NZS, New Zealand has one of the lowest poverty rates amongst the old of any developed country; also that the old are generally the most content with their lives of any group in NZ, despite their relatively low average incomes. Finally, it also helps to contribute to the fact that about two-thirds of New Zealanders aged 45-64 are saving 'enough' or 'more than enough' for retirement (not including the family home in that calculation). So NZS does a lot of good things. I used to think it should be income-tested but I have changed my mind on that - just look across the Tasman to see why that is so. [Evidence for all these things is on www.pensionReforms.com].
On the issue of tax breaks for retirement saving, if the 'price' were no NZS, there is a certain logic to that and that's kind of what the Australian arrangements are all about. But as the RPRC has demonstrated in those PensionBriefings, if you give me a complex system that allows me to re-arrange my affairs to game the rules, I am sure I will find a way. Bureaucrats are, almost by definition, behind the game on these issues. Financial planners in Australia get about three quarters of their income engineering such arrangements. I don't think that's a good thing.
So, I quite like what we had before 2000 - the universal NZS that we have now plus a tax-neutral TTE environment for all other saving, including employer-sponsored arrangements. That way, individuals will make their own saving decisions in all sorts of ways - paying off debt, building a business, buying shares or putting money into a retirement saving scheme. That is more likely to grow the NZ economy than the tax-subsidised arrangements we have acquired since 2000. And growing the economy is by far the best way of preparing New Zealand for the cost of baby boomers.
We need a debate about when NZS should start and how much it should be but, as someone who has generally looked after his own financial needs, I am pretty content with NZS in broadly its current shape. Given that we already have one of the highest work-force participation rates in the developed world amongst those over age 65, New Zealanders are making their retirement age decisions in ways that suit their wishes/needs. On that basis (and in the context of generally improving health at older ages and mortality/morbidity) we shouldn't be scared of the idea of a later state pension age than 65.
We need a sensible research-based discussion on all these things, something that the government appears to have ruled out (which is a shame).
Michael : Yet again we
Michael : Yet again we have lurched from one extreme to 'tother. From a Gumnut that shrieked at shadows, and shifted hell and earth to remove them : to a Gumnut that watches the approaching avalanches, and asks to be woken when the tea is ready.
<b>Michael</b> This is getting interesting.
Michael
This is getting interesting.
Over much of this, we have irresolvable philosophic issues, between you and I, so I will leave those out. But this surprises me:
Despite everything you might have read, we do not face a financial crisis with the future cost of NZS. All the major reviews of this specific issue (1992, 1997, 2000, 2003, 2007) have concluded that what we have is broadly sustainable.
That certainly is counter to everything I have read (in the mainstream media). And I don't understand the logic of it.
You also say its cost will about double, left alone, because the number of superannuitants will about double: that I have difficulty with, no doubt on your site there is a study I can read - I shall have a look over the weekend - but does this analysis bring into its ambit the size of our State and Welfare sector proper, not just the retiree sector?
By that I mean my understanding at the moment is there are about 3 people working and paying tax to pay for two who don't (beneficiaries, retirees, etc), in NZ. My understanding is also that by the time you add state sector employees to the appropriate side of the ledger, beneficiaries (certainly not the productive sector, indeed, a drag on it), then even now it is almost one person paying tax to support almost one who isn't. It's not one for one, but it's pretty close.
I would already call that situation an impossible one, a tipping point if you like. Now looking forward, logically, from that, to a stage when the number of retirees is doubled, plus, by the nature of the welfare state, it continues to grow - and there is nothing to counter that argument - then your studies must be relying on a huge influx of immigrants, or a bigger baby boom (which should be happening about now) to be paying all the tax to cover this future liability?
I would love to read a study on just this factor, because this doesn't intuitively compute for me at all.
(And remembering, even if you're right, it doesn't change my stance, which is made based on philosophy, that is, I want to live in a minarchy, and not this clobbering great big Nanny State that we have. But I shall leave these issues out.)
Mark If you drop me
Mark
If you drop me a note (to the www.PensionReforms.com editor's address) I am happy to send you the charts that plot all government spending over the next 50-60 years, including health and everything else.
The reports you need to look for on the affordability issue pre-date PensionReforms (except for the Retirement Commissioner's 2007 review that is on PR) but you can find them at the Retirement Commission's research web site www.retirement.org.nz. Look for the 1992 report of the Task Force on Private Provision for Retirement; also the 1997 and 2003 Perodic Report Group studies. They all look at the demographic influence in some detail.
Cheers Michael. I'll have a
Cheers Michael. I'll have a good look through your site over the weekend. [I reckon there must be some spurious assumptions in the figures somewhere.]
Has anyone looked back at
Has anyone looked back at the history of our tax systems, in particular the period of the very late 60s thru to the introduction of the Douglas super (that i must say I did rather well out of with Muldoon election bribe.)
It hit those working a lot of OT in the 70s hard...but back then we had Time T1/2 and 2 T which really came in during the labour shortages of that period and screwed it up a bit.
It was far more simple..less loop holes, could claim for Dependants (to the disgust of those not looking after children or elderly parents), saving where not taxed.
Im not saying to reintroduce as it was , but definitely use as a base model...and keep it simple (KISS)...less loopholes, less administration.
Michael - I'm struggling with
Michael - I'm struggling with part of your response to Mark "..there is no international evidence to support the idea that tax incentives increase saving overall.."
I'm a NZ'er running my own company but based in the UK. I have a choice of how I distribute my income, either I declare a dividend and wear 40% income tax or I contribute into a pension scheme where my contributions are topped up by almost 40%.
The incentive to save here is sufficiently large enough to change my behaviour from consumption to saving. Obviously I am a sample of one so what goes for me doesn't necessarily work for others.
SimonD. What are the 'rules'
SimonD.
What are the 'rules' for you getting your contributions back out of that scheme you are in? An age limit? Conditions? Can you bring it back to NZ?
SimonD - If I were
SimonD - If I were in your situation, I would do exactly the same. I joined KiwiSaver on day 1, not because I think KiwiSaver is good for the country (it isn't) but because it's 'free' money and my taxes will be higher to pay for all other KiwiSaver members' 'free' money.
If you are interested in the academic research on the impact of tax incentives for retirement saving on a country's behaviour, go to www.pensionreforms.com, then use the Search & Options tab and choose 'Taxation' as your topic. In summary, tax incentives certainly affect behaviour as to how people save but seemingly don't affect the quantum of saving made by a country. In fact, because of their high cost, complexity and prompt to behaviour, there is a respectable argument to suggest that they actually reduce a country's 'saving' as economists define that expression.
To answer Mark Hubbard's question, if you were to return to New Zealand, you can transfer the lot to a New Zealand scheme without having to pay tax in the UK, or New Zealand for that matter. That is by far the best of all worlds for you personally. You just need to make sure you don't start drawing down on your benefits before the transfer.
Michael Where are you based?
Michael
Where are you based? I too live in the UK and currently thinking about these issues. Yes NZ as a place of return for retirement is attractive, however I feel uneasy about burdening future generations. Taking a risk and investing in countries with younger populations that are not bogged in the quagmire of western welfare entitlements seems a better option (thinking Turkey in our case). We want to contribute to the future rather than being dependants/takers of it. Big questions being posed here I know. I can't see the West living up to it's promises & we are trying to factor in sustainability into the equation - kiwi saver offers incentives that steal from the young, underemployed and lowly paid (a huge % of NZ's working population). It doesn't stack up for the long term IMO. Therefore I don't think we could retire back in NZ conscience free. Thank you for your contribution - it will add to the debate.
Michael : Shame that the
Michael : Shame that the 'free' money you speak of, comes at such a high cost to the tax payer. Pity also, that KiwiSaver will lull people into thinking that it is all they'll need for their retirement. Cullen/English and co. will be long gone by time the penny will drop with the populance that the woeful returns from the fund managers are unlikely to be much above the CPI ( the inflation rate ). And then those X & Y gens. will realise that they too, have been utterly screwed by the same mutinational firms that rooted their parents and grandparents a generation or so before them, with dreadful returns on life insurance products and other savings schemes. A newly signed up policeman showed me the police superfund booklet, and had it been me I'd charged around to the fund manager's office fully armed with tazers.
I am a bit short
I am a bit short on garden manure for the spring. Must drive the truck through town with a big sign on the top. "Our members of Parliament are there for us".
Wally : The Nats. are
Wally : The Nats. are in Chch today. Gonna take the ute into town with a "Up the GST, Bill" sign........should get enough of the smelly stuff flung at me to do the vege patch and orchard........"Give us a CGT, Bill". Thanks for the idea. Grand !!!
Go for it Roger, keep
Go for it Roger, keep your head down mate, they have cobblestones on some of the streets down there.