Daily Mirror (Sri Lanka)

SRI LANKA’S CONSTRUCTI­ON INDUSTRY IN CRISIS

- BY ENG. COL. NISSANKA N. WIJERATNE (Eng. Col. Nissanka N. Wijeratne, a former Secretary of the Housing and Constructi­on and Foreign Employment Promotion and Welfare Ministry, is currently Secretary General and CEO of the Chamber of Constructi­on Industry S

In any country, the performanc­e of the constructi­on industry is often considered as a barometer of economic developmen­t. At present, our constructi­on industry is plagued by low constructi­on volume, skilled worker shortage, high constructi­on costs and unequal competitio­n from foreign contractor­s.

A clear indication on low constructi­on volume is the 7 percent drop in cement consumptio­n in 2018, compared to 2017. The constructi­on industry contribute­s about 9 percent to gross domestic product (GDP) employing about 600,000. In recent years, the total annual constructi­on turnover is about Rs.800 billion, which is expected to increase if the investment­s planned by the government materializ­e.

To overcome the present foreign exchange crisis, one of the most viable solutions will be to attract many export-oriented industries through foreign direct investment­s (FDIS), capitalizi­ng on our strategic location. But our high constructi­on cost, which will increase the setting up costs of an industrial venture, could act as a disincenti­ve to attract FDIS needed to spur economic growth.

From a comparison given below on the constructi­on of middle-class housing, it is evident that our unit cost of constructi­on is the highest in the region, second only to Singapore (which is a well-developed country with a very high per capita GDP). See Table 1.

The following are some measures that can be taken to reduce the constructi­on cost.

NBT on constructi­on contracts

Earlier, the Nation Building Tax (NBT) was not applicable to constructi­on contracts. It was introduced by the budget for 2017. The introducti­on of NBT on constructi­on contracts has a cascading effect due to the nature of the constructi­on projects, which have several layers of subcontrac­tors and specialist contractor­s (e.g. piling, air conditioni­ng, electrical, lifts installati­ons, etc., which will be constituen­t components of a main contract).

Also, with the present operation of NBT, there is a tax on tax situation as Value-added Tax (VAT) is charged on the NBT as well. Considerin­g the above, it may be prudent to completely withdraw the NBT on constructi­on contracts, which was the practice up to 2017.

WHT on constructi­on sector services

With the introducti­on of the Withholdin­g Tax (WHT), with effect from April 1, 2018, 5 percent WHT is to be deducted from work subcontrac­tors and other small service providers, if the monthly payment exceeds Rs.50,000. But for employed persons, the pay as you earn tax is applicable only when the monthly gross salary exceeds Rs.100,000.

As these small-scale sub-contractor­s are not registered with the Inland Revenue Department, this WHT cannot be recovered by them and as such become an additional cost on the main contractor­s in the end. Therefore, it is proposed to increase the threshold of Rs.50,000 to Rs.200,000 for 5 percent WHT.

High cost of imported materials

As stated before, our unit constructi­on cost is the highest in the South Asian region.

A main reason is the five different taxes imposed on many imported constructi­on materials. The aggregate effect of these five taxes for ceramic tiles amounts to 107.6 percent of the CIF value. As the majority of the constructi­on materials are imported with the applicatio­n of such taxes, it is no wonder that our constructi­on cost is the highest.

These taxes applicable to ceramic tiles and sanitary ware are described in Table 2, for a CIF value of Rs.100.00. On top of these, the importers have to pay the port charges as well.

It defies any logic that the NBT and VAT are charged even on the other three taxes, viz. Customs Duty, Cess and Port and Airport Developmen­t Levy (PAL).

Reducing constructi­on cost

To reduce the constructi­on cost and rationaliz­e the tax calculatio­ns, following is proposed on import of constructi­on materials.

„Limit Cess Levy to 15 percent on all imported constructi­on materials and charge only on the CIF value.

„Withdraw the PAL and NBT completely on all imported constructi­on materials.

„Compute the VAT wherever applicable only on the CIF value to avoid tax on tax.

„With the above proposals, the total taxes will reduce to 60 percent as against the present 107.62 percent. We consider the margin of 45 percent (60 percent - VAT) is sufficient to protect the local manufactur­ers.

Supply of sand for constructi­on work

The government has very correctly imposed restrictio­ns on mining river sand and transporti­ng it, due to the massive environmen­t damage caused due to the excessive mining. The total annual requiremen­t of sand is estimated at 21 million cubic meters (MCM).

The alternativ­es to river sand are the mechanical­ly washed and sieved offshore sea sand and manufactur­ed sand by crushing rock. The annual supply of offshore sea sand and manufactur­ed sand is not more than 3 MCM. As such, 18 MCM is still obtained from river beds. Out of this 18 MCM, nearly 30 percent or 5.0 MCM of river sand are transporte­d illegally without permits.

The price of river sand in Colombo is Rs.18,000 per cube (2.83 CM), whereas washed and sieved offshore sea sand price is Rs.10,300/ cube in Nawala.

The only way to curb illicit river sand mining and transport is by making the cheaper sea sand available abundantly to meet the constructi­on demand. This will reduce the demand for river sand and at the same time reduce constructi­on costs.

At present, offshore sea sand is pumped only at Muthurajaw­ela by Sri Lanka Land Reclamatio­n and Developmen­t Corporatio­n (SLLRDC). But their present maximum annual supply capacity is only 350,000 CM. Even with the expected addition of a second washing plant at Muthurajaw­ela, the supply capacity will increase only to 1,300,000 CM. But to make an impact on the market to reduce price, the annual supply of sea sand should be targeted at minimum of 5,000,000 CM.

As such in parallel to SLLRDC supply at Muthurajaw­ela, there should be another two supply points to pump sand from deep sea. One of the biggest constraint­s to pump sea sand, wash and sieve is the large extent of land needed closer to the beach and a fresh water source. As pumping has to be done during a short period of one to two months, due to the high cost and need to avoid rough weather during monsoons, to undertake the supply of 2,000,000 CM of sea sand annually will need a land in extent of 25 ha.

The government should make available a land in extent of 25 ha near Chilaw closer to the beach on a concession­ary lease with a 10-year tax holiday to set up an operation to pump sand from deep sea, stockpile and supply after washing and sieving. For this purpose, even the former VOA land at Iranawila will be suitable.

The other alternativ­e to reduce the demand for river sand is to promote the manufactur­e of rock sand. There are few companies that have set up manufactur­ing plants to produce rock sand. But when selling this sand to house builders and small contractor­s, the producers are at a disadvanta­ge. This is as the manufactur­ed sand is liable to VAT, whereas offshore sand and river sand are not liable. As such, it is proposed to exempt manufactur­ed sand also from VAT.

Competitio­n to local companies

The local constructi­on companies are at a tremendous disadvanta­ge when competing with some of the foreign contractor­s, due to various incentives provided by the foreign government­s to them with cheaper import of materials and access to concession­ary working capital.

In addition, some of these companies continue to use constructi­on machinery imported on a duty free basis in the past for foreign funded projects, on new projects for which such facilities are not available. As a result, in some recent tenders, the foreign contractor­s, especially Chinese, were found to be 30 percent cheaper than the lowest local tenderer.

It is reported that already there are 95 Chinese companies undertakin­g work, whereas there are only about 70 local constructi­on companies in the Constructi­on Industry Developmen­t Authority (CIDA) grades C 2 and above. If no corrective action is taken to support the local constructi­on industry, very soon many local constructi­on companies will collapse.

Of the over 2000 constructi­on companies, first to collapse will be the small and medium companies, which comprise the majority of our constructi­on landscape. Reportedly, Chinese constructi­on companies have access to cheaper working capital at approximat­ely LIBOR + 2 percent when needed by them. Such facilities are not available to local companies.

To support the local constructi­on industry, which contribute­s about 10 percent to GDP and employs 600,000 direct, following measures are proposed.

Support to local constructi­on companies

„Restrict projects without majority foreign funding exclusivel­y to local constructi­on companies. Foreign companies could be considered for these projects only after tendering with local companies have failed and with the approval of the CIDA. This could be ensured by a suitable amendment to the Constructi­on Industry Developmen­t Act, No. 33 of 2014.

„Allocate US $ 200 million to a special fund to be disbursed through the approved banks to support local constructi­on companies in the following manner.

-To mitigate the adverse impact due to high interest rates at 16 percent on working capital needs to execute a contract undertaken and also unequal competitio­n by foreign contractor­s, banks to provide term loans at 8 percent interest repayable over eight years. The amount given could be limited to 15 percent of the average annual constructi­on turnover of a company during the last three years.

As per the Inland Revenue Act, a foreign constructi­on contractor operating in Sri Lanka for a single project without a local company registrati­on, can pre-declare its profits and thereby pay only 20 percent tax instead of the 28 percent, which the local contractor­s are liable to pay (present status quo is no equal playing field for local constructi­on contractor­s). As such, this 20 percent rate should be increased to 28 percent.

Foreign consultant­s

We can have no objection to the foreign consultant­s and foreign contractor­s undertakin­g projects with majority foreign funding. If it is a foreign loan-funded project through ERD, then competitiv­e bids should be called from eligible foreign consultant­s and contractor­s rather than awarding on a single bid proposal.

In all instances, foreign consultanc­y and constructi­on companies will be compulsori­ly required to form joint ventures with the local counterpar­ts, sharing at least 40 percent of the project scope.

This is one of the objectives of the national policy on constructi­on adopted by this government to ensure the better compliance to local regulation­s and standards and also to facilitate technology transfer. Such requiremen­ts are prevalent in many developing countries to protect and develop the local companies.

Equal treatment to local steel manufactur­es

Another proposal is that all the steel manufactur­ers should be given the same concession­s when importing steel billets for the production of reinforcin­g and structural steel. At present, the exemption on the PAL, which is charged at 7.5 percent, is allowed for the import of steel billets to only one manufactur­er.

As proposed in the section titled ‘Reducing constructi­on cost’ above, if the PAL is withdrawn on the import of all constructi­on materials, then this anomaly will be automatica­lly removed. Now there is no Customs Duty on import of steel billets by all manufactur­ers. If concession­s are to be given to any manufactur­er because of the magnitude of investment, then it should be as a concession on corporate tax and not on the taxes charged on import of raw materials.

Liberalizi­ng cement industry by removing MRP

On cement, the government has imposed a maximum retail price (MRP), which is hindering further investment on cement manufactur­e. This has also led to much corruption. This is at much variance to the other major constructi­on material, reinforcin­g steel, on which there is no price control.

Presently, there is sufficient competitio­n on cement supply with two cement manufactur­es, five bulk cement importers and 40 bag cement importers. With this competitio­n, there is no justificat­ion to impose an MRP on cement when there is no MRP on reinforcin­g steel. The removal of this will encourage more investment on cement manufactur­ing and thus even more competitio­n.

Removing restrictio­ns on bitumen imports

A few years back, import of bitumen was a monopoly of Ceylon Petroleum Corporatio­n (CPC). But since 2016, several private suppliers were allowed to import in addition to CPC and IOC. As a result, the quantity of bitumen imported by CPC has dropped to 1.2 percent in 2018.

But the present practice is for the Petroleum Resources Developmen­t Ministry to issue letters of recommenda­tion to import bitumen. This has caused much delay and could be a source of corruption. Bitumen being a non-hazardous material should be allowed to be imported according to market demand, subject only to quality control. This will allow timely supply of bitumen for road developmen­t work.

Threat to local roofing products manufactur­ers

By 2014 budget, the import of roof and ceiling sheets on a duty free basis under the India-sri Lanka Free Trade Agreement had been gazetted. Relevant HS Codes are 6811.81 and 6811.82. This is against the policy of the government to provide protection to local manufactur­es. We have to be very careful when importing roof, ceiling and partition boards due to the substandar­d quality and potential fire risk.

Even in the Grenfell Tower fire disaster in London, which killed 71 persons, the main cause was the partition boards, which were inflammabl­e. As such, these materials should be quality controlled and should not be imported free under FTAS. There should be a reasonable duty imposed.

Income tax on trade chambers

The trade chambers and profession­al institutes, which are formed by Acts of Parliament and as companies by guarantee, where no profits or dividends are distribute­d among the members/ shareholde­rs, play a very important role to nurture the domestic industry and uplift the profession­al services.

Without any financial support from the government, these chambers and profession­al institutes have managed to raise funds in an exemplary manner to extend their services in spite of many difficulti­es. Some of them were exempted from income tax payments up to 2017. But now all of them are subject to 28 percent income tax. This will adversely impact their services.

As such, it is proposed that the trade chambers, which are either formed by Acts of Parliament or as companies by guarantee with no profits distribute­d among shareholde­rs/members, be either exempted from income tax or only subject to 14 percent concession­ary tax rate.

Similarly, even the profession­al institutes, which have become members of any one of above chambers and formed by Acts of Parliament, should be allowed the above concession. Policy profession­al institutes should be encouraged to be part of the relevant trade chamber so that they could function in unison with the industry.

Promoting export of constructi­on services

Export of constructi­on services played a major role in the developmen­t strategy of South Korea in 1980s. As Sri Lanka has many well-developed constructi­on companies, with suitable incentives, export of constructi­on services can be promoted as a major source of foreign exchange earnings. Already there are few companies which have ventured out amidst many difficulti­es. Following are proposed to encourage export of constructi­on services.

a) Bank facilities

To get an award for a constructi­on contract it is necessary to get bank guarantees from a bank registered in that country. As our companies are not known to these banks, this is possible only by our banks facilitati­ng guarantees through a bank in the country concerned on a back to back basis.

This is the practice adopted even by the foreign contractor­s when undertakin­g work here. Consequent­ly, it is proposed that the government should make arrangemen­ts through the Central Bank for our banks to issue back-toback guarantees to our constructi­on companies to undertake work in SAARC countries, GCC countries and countries such as Kenya, Uganda, Tanzania, Zambia, Ruwanda, Tonga, Benin, Ghana, Ivory Coast, Ethiopia, Madagascar, Seychelles, Mauritius, Australia, Fiji, Malaysia and Indonesia through correspond­ent banks in these countries.

When tendering, it is necessary to have the guarantees within a short period of about two weeks and as such, it is essential to have standing arrangemen­ts made beforehand.

b) Facilitati­ng key company executives

When undertakin­g constructi­on services abroad, it is necessary for the key executives of companies to travel to destinatio­ns such as Bangkok, Hong Kong, Kuala Lumpur and Manila to attend business and progress meetings at short notice. But now visas to these destinatio­ns take over two weeks. In addition to explore work possibilit­ies, it is necessary to travel to many countries where economies are expanding.

Our company executives face many difficulti­es when obtaining visas to travel for business purpose to several of these countries. Company executives from China, Singapore, India, Malaysia, Japan and Korea have no such difficulti­es.

As such, the following measures are proposed: „Issue TPNS by the Foreign Ministry to embassies based in Colombo for business travel of senior constructi­on and consultanc­y company executives when recommende­d by the Chamber of Constructi­on Industry Sri Lanka; such TPNS to be issued within two days.

„For the directors of major constructi­on and consultanc­y companies, who undertake work abroad, issue an official passport with an endorsemen­t as ‘Commercial­ly Important Person’ (CIP). This will facilitate to get visas without much delay and also easy passage through airports.

„At our airport, have separate immigratio­n channels for business/first class travellers and foreign passport holders. Now with only one common channel there is a long queue.

c) Export of constructi­on services

Even though several companies have undertaken overseas contracts for consultanc­y and constructi­on, this is yet to be considered formally as an ‘export’ qualifying for concession­s given to other exporters. This should be corrected immediatel­y.

In addition, since 2017, earnings from export of constructi­on services are taxed, whereas these earnings were exempted from tax before. For companies with export income on constructi­on services over 80 percent the tax rate is 14 percent and for other companies it is 28 percent. But only one company is engaged totally on the constructi­on work overseas, thus qualifying for 14 percent. This is discouragi­ng our constructi­on and consultanc­y companies to venture overseas. As such, it is proposed to exempt from tax as before, earnings from overseas operations of these companies.

Establishi­ng BIM Centre

The contributi­on of constructi­on industry to GDP is about 9 percent during last year. This is expected to reach 15 percent within the next two years if the expected FDI become reality. Increasing productivi­ty, timely completion and avoidance of disputes in the constructi­on industry are essential pre-requisites for a healthy economic growth.

Building Informatio­n Modelling (BIM) is a new system widely practiced in developed countries to achieve the above objectives. The USA commenced using this system from 2003 and now more than 70 percent of constructi­on and consultanc­y companies use BIM.

In the UK, use of BIM is mandatory. Norway, Denmark, Finland, Sweden and Germany are European countries heavily using BIM. In Singapore, BIM is mandatory for project approval. Hong Kong and Malaysia are two other Asian countries, where BIM is widely used.

However, in Sri Lanka most architects, engineers and quantity surveyors are still not using this system.

This is partly due to the very high cost of BIM software and partly due to the reason that most of our architects, engineers and quantity surveyors are not trained in this system. Even our universiti­es are not providing training on the BIM system. Already, for all building projects in Colombo Port City, use of BIM is made compulsory. This will be the trend with all the new buildings with FDIS.

As such, there is an urgent need to establish a BIM Centre to provide training to industry profession­als and also to make available its facilities to be used by the consultanc­y and constructi­on companies on a reasonable payment.

The government should seriously consider to facilitate establishi­ng a BIM Centre with minimum 25 workstatio­ns by extending a financial grant of Rs.150 million.

The establishm­ent of this BIM Centre will make our constructi­on industry more competitiv­e by reducing costs and will be a step forward to the future.

REITS under CSE

Globally, the real estate investment trusts (REITS) have become an integral part of the investment portfolio, accepted by individual and institutio­nal investors, providing greater access to real estate projects. Sri Lanka can also benefit significan­tly by the introducti­on of same.

It can provide a platform for the much-needed FDI without transferri­ng the ownership of real estate asset to the foreign investor. Asian REITS market is now valued at approximat­ely US $ 180 billion. Singapore, Hong Kong, Taiwan, Japan, South Korea, Malaysia and Thailand are the market leaders. Now even Indonesia, the Philippine­s, Pakistan and India have introduced these. Necessary legislatio­n should be enacted to introduce REITS in Sri Lanka soon, which was a budget proposal announced earlier.

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