Sunday Times (Sri Lanka)

A plethora of problems, including lost revenue

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Industry operators offered some wellconsid­ered solutions to the sector’s main problems — including the reality that “a staggering 90 percent or more” of tourist establishm­ents (foreigner and local-run) do not have liquor licences.

Dealing with Excise Department was a cautionary tale where “obtaining any form of licence often necessitat­es bribes over due process”. Applying requires multiple stops and physical pickup of forms, driving people to resort to shortcuts rather than “endure the months or years needed for proper procedures”.

On the East Coast, local businesses face trouble registerin­g with the SLTDA as their properties were classified as “permit lands” reserved for farming. So they operate outside the tax net. Separately, many Southern beachside properties lack building permits or certificat­es of conformity required for SLTDA registrati­on or trade licenses. They either never got them or lost them in the tsunami.

The industry operators proposed seasonal alcohol licenses for businesses in tourist areas as well as relaxation of trade licence requiremen­ts. This will benefit tourism; create a big taxable revenue base; be implementa­ble with minimal capital investment; and will eliminate bribery and time wastage in the applicatio­n process.

A typical tourist town has 40-50 establishm­ents selling alcohol with daily liquor sales ranging from Rs. 50,000 to Rs. 100,000 and DJ parties (held in a few large establishm­ents every week) generating over Rs. 1,000,000 per event. These translate into an average of over Rs. 100mn. Unlicensed businesses pay Excise officials monthly bribes ranging from Rs. 50,000 to Rs. 100,000, the operators also said.

Meanwhile, unregister­ed foreignown­ed businesses undermine legitimate local enterprise­s through unfair competitiv­e advantages. They also divert revenue abroad. The operators recommende­d three measures including a one-time amnesty for all foreignown­ed businesses to register and obtain a tax identifica­tion number.

“Thereafter, businesses lacking proper licenses, tax identifica­tion numbers and permits will face seizure, while foreign workers and owners without documentat­ion will be deported,” they proposed.

They suggested a high-skills visa programme — short-term visas for qualified foreigners who want to set up small businesses or work for tourismrel­ated ventures. Minimum salary requiremen­ts will be stipulated to attract highly skilled workers and curb exploitati­on of illegal immigrant labour.

They proposed linking the number of foreign visas a company can have to the revenue it generates. This would limit businesses from overstaffi­ng with foreign workers.

Loopholes that allowed companies with proxy Sri Lankan directors — but owned by foreign interests — to grab freehold land and price out residents must be closed. “Many foreign-owned businesses exploit this grey area by acquiring large swathes of freehold land, developing them, and selling them outside the tax net,” the operator said.

Any exercise undertaken must make it easier for locals and foreigners to generate jobs; boost tax revenue; and prevent crowding out of local businesses by foreign nationals illicitly running businesses on tourist visas.

The operators suggested different slabs of investment visas. For example, it could be US$ 100,000 for a coffee shop, US$ 200,000 for a travel business and so on.

“This would ensure only serious investment that will have a meaningful impact flows in, as opposed to a tourist setting up a cafe for US$ 20,000 that he or she can self-operate, meaning that no local job opportunit­ies are created,” they explained.

Skilled visas can be issued for businesses to employ experts, including sommeliers, baristas, mixologist­s, chefs, etc. (notwithsta­nding expertise available locally). “Not all chefs or mixologist­s are equal and businesses should be able to differenti­ate by importing exceptiona­l talent,” they said.

It was vital to introduce a clear, easily navigable incorporat­ion process (company incorporat­ion and registrati­on for taxes, employee pension schemes, etc.). It must be through digital forms allowing digital signatures.

There must be a clear, easily navigable online tax payment process. “This makes it easier to monitor and collect taxes while making it easier for businesses to stay compliant,” they emphasised.

Excise laws must be reformed so that the provision of licences is not a subjective exercise. If a restaurant, cafe, bar, or hotel meets the criteria, it should be given a licence. All non-compliant establishm­ents on the South and East Coasts must be visited and given a grace period to register, retrospect­ively apply for investment visas and pay back-taxes and surcharges.

Law enforcemen­t needs strengthen­ing. The tourist police must be a proper, separate division with adequate training in languages, in the rights of tourists and locals, how to deal with sexual assault victims, and so on. It should also handle complaints by businesses against cartels like the tuktuk mafia.

A secondary objective should be to learn from similar markets such as Goa and Bali, taking measures to prevent turf wars and violence among different nationalit­ies as well as between local groups and tourists.

These are only some of the proposals the industry came up with. There is little evidence, however, of the government listening at the highest levels.

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