Sunday Times (Sri Lanka)

Gota charged by Bribe after meeting Preside

New VAT Bill this month; threshold increased to Rs 50 million a month Two major parties reach consensus on amendments to VAT

- By Our Political Editor

ABill to enforce the enhanced Value Added Tax (VAT) will be introduced in Parliament later this month. At their weekly session last Tuesday, the ministers examined a cabinet memorandum, the prelude to the presentati­on of a new Bill by Finance Minister Ravi Karunanaya­ke. It will conform to the Supreme Court (SC) ruling on a similar previous Bill that it did not signify to Parliament approval as required by law. In an earlier order, the SC ruled that the way the VAT was introduced was illegal. It was argued before the court that an illegal action cannot be righted through retroactiv­e legislatio­n.

At their last meeting, ministers discussed the contents that will form the new Bill, which also appears to be hit by some bad omen. Following consultati­ons between the two major partners of the Government, the United National Party (UNP) and the Sri Lanka Freedom Party (SLFP), there was agreement on a new threshold. “This will apply to both the wholesale and retail trade,” Finance Minister Karunanaya­ke told the Sunday Times. All other proposals, he declared, would remain the same except for changes already announced. He added that the new Bill would be gazetted soon after it received ministeria­l approval.

Among ministers who called for a corrected cabinet memorandum were Patali Champika Ranawaka, Anura Priyadarsh­ana Yapa and Susil Premjayant­ha.

Earlier, business ventures that had a turnover of more than Rs 12 million a month or Rs 33,000 a day were required to pay VAT. Enhancing the threshold to Rs 50 million a month, is the result of countrywid­e protests by small time traders that they would face bankruptcy. The call for enhancing the limit was made by the SLFP. Other than that, almost all other proposals will remain the same.

The cause for the postponeme­nt of the discussion until Tuesday next on Karunanaya­ke’s cabinet memorandum is the result of a bureaucrat­ic error. If the beginning of a sentence spoke about an increase in the threshold to Rs 50 million, in the second paragraph, it had referred to the existing Rs 12 million. There were arguments on which of the two was correct.

An outstandin­g issue over the proposed new Bill also remains. Having lost considerab­le revenue due to these slip-shod drafting and inability to stick to laid down procedures, the Government wants to seek the passage of the new VAT Bill with retrospect­ive effect. In such an event, it would require a two third’s majority. The constituti­onality or otherwise of the new Bill too, the Government expects, would probably be challenged before the Supreme Court as the Constituti­on discourage­s retrospect­ive legislatio­n.

The new VAT scheme’s chief architect is Prime Minister Ranil Wickremesi­nghe. In March, he submitted a nine page Cabinet memorandum in which he recommende­d “policy proposals.” One such proposal, he said, was that the Budget 2016 had proposed to implement two rates – 8 % and 12.5 % instead of a single rate of 11%. Implementi­ng such complex multi rates in taxes could result in a short-

Like the new VAT Bill, where positions of the two major Government, parties differed, there are similar positions in other areas too. Some of them are resolved through dialogue while others linger on. For the SLFP, the priority considerat­ion has been the consolidat­ion of the party. This has remained elusive for its leader, President Maithripal­a Sirisena so far. This was from the time he was elected. He has not been successful in uniting the group that is backing former President Mahinda Rajapaksa. The group no doubt includes some parliament­arians who have come under investigat­ion for bribery or corruption.

fall in revenue target further deepening the crisis. Therefore, the safer option was a single VAT rate of 15 per cent. The extensions on imposing VAT on telecommun­ications, private education and private health will be removed. Furthermor­e, VAT will also be imposed on selected retail and wholesale goods excluding the essential items, Wickremesi­nghe pointed out. His assertions came as the Government was then negotiatin­g an extended fund facility with the Internatio­nal Monetary Fund (IMF). The latter had sought an upward revision in the VAT rates.

There are about 77,000 registered to pay VAT. Only 35 % are active. Of that only 15,000 pay VAT. The threshold for VAT has been reduced over the years. In 2013, those who were required to pay were ventures with a turnover of Rs 500 million for three months. In 2014, it was reduced to Rs 250 million for three months, in 2015, to Rs 100 million for three months and in 2016, it was further reduced to Rs 3 million per quarter.

The VAT increase is perhaps the most critical issue the National Unity Government has faced. Even the Central Bank bond issue that rocked the Government last year pales into insignific­ance simply because VAT hits the people directly in the stomach. The new Bill to enforce it again comes at a time when there were questions over whether payments already made for telephone bills, both mobile and land line, would be refunded. This is besides payments made to known outlets for goods and services. This is on the grounds that the enhanced VAT rate is being charged from consumers although the tax is not in force consequent to the Supreme Court rulings. That the move would become a subject of a hot political issue when the Government holds local elections next year is most likely. However, the SLFP ministers have found some grace in enhancing the threshold to Rs 50 million. They are poised to vote in favour of the new Bill when it comes up on Tuesday.

Like the new VAT Bill, where positions of the two major Government, parties differed, there are similar positions in other areas too. Some of them are resolved through dialogue while others linger on. For the SLFP, the priority considerat­ion has been the consolidat­ion of the party. This has remained elusive for its leader, President Maithripal­a Sirisena so far. This was from the time he was elected. He has not been successful in uniting the group that is backing former President Mahinda Rajapaksa. The group no doubt includes some parliament­arians who have come under investigat­ion for bribery or corruption.

Sirisena-Gota talks

Ahead of today’s SLFP annual convention in Kurunegala, Sirisena has been listening to views from many factions in the party. Some such meetings were unimaginab­le in the past. Milinda Moragoda , a one-time UNP minister and later UPFA mayoral candidate for the city of Colombo, facilitate­d a meeting for the President with former Defence Secretary Gotabaya Rajapaksa. A well informed source said their conversati­on covered a broad spectrum of views.

The source was emphatic that Sirisena did not commit himself to any position or agree to any suggestion. He listened. Gotabaya Rajapaksa was of the view that an SLFP with a broader representa­tion should have within its fold a member or more from the Rajapaksa family. There was a suggestion that either he or former Speaker Chamal Rajapakasa would be receptive to be within that fold if other members of the family were not harassed through ongoing investigat­ions, the source pointed out. Sirisena remained non-committal to the proposal, the source added.

Some political observers opined that the overture, if accepted, would have not only consolidat­ed Sirisena’s power and position. It also would have, if the necessity arose, enhanced his strength in Parliament. However, the move runs counter to Sirisena’s pledge that instead of a two year arrangemen­t, they (the SLFP and the UNP) would together continue the full term of governance. Just weeks ago, both Sirisena and Premier Wickremesi­nghe renewed their pledge when they addressed the UNF’s first anniversar­y in office meeting in Matara. This notwithsta­nding, no one can blame Sirisena for making efforts to bolster his own party so he does not find himself in a ‘not negotiable’ position during a crisis situation.

Days after the Maithripal­a Sirisena – Gotabaya Rajapaksa meeting, in what seemed a surprise developmen­t, the Commission to Probe Allegation­s of Bribery or Corruption (CIABOC) indicted Gotabaya Rajapaksa and eight others. They stand charged with causing Rs 11.4 billion loss to the Government by permitting Avant Garde Maritime Services (Pvt.) to operate a floating armoury. Indicted together were three former Commanders of the Sri Lanka Navy – Somatillek­e Dissanayak­e, Jayanath Colombage and Jayantha Perera. Under the 19th Amendment to the Constituti­on the CIABOC is an autonomous body,

Others were retired Major General Palitha Fernando, a one-time Military Liaison Officer of the Ministry of Defence, one-time Additional Secretary to the Ministry of Defence Sujatha Damayanthi, former Army

 ??  ?? Kurunegala was all excited and decorated yesterday for the 65th SLFP convention which is expected to be a turning point in the party’s history. Tigh allowed to go into the convention area. Pix by Pushpakuma­ra Jayaratne
Kurunegala was all excited and decorated yesterday for the 65th SLFP convention which is expected to be a turning point in the party’s history. Tigh allowed to go into the convention area. Pix by Pushpakuma­ra Jayaratne

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