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Finances of Local Governance in Albania Ornela Shapo (Këmbora) – Local Economic Development Component Leader USAID / LGPA September 2009 Local/Financial Decentralization • Important steps since 1992 – – – – Creation of governance at two levels Signing of European Local Autonomy Chart (1998) SKDV (1999 – 2000) Law on Organization and Functioning of LGUs (2000) • Objective: LGU has sufficient resources and capacities to accomplish legal functions • Decentralizatioin based in three directions: – Institutional level – Transfer of fiscal authorities – Empowering financial capacities LOCAL GOVERNANCE PROGRAM IN ALBANIA Budget of LGUs and State Budget • During a decade, unconditional revenues of LGUs tripled. – Total of own revenues from 4% of State Budget in 2000 to 11% in 2009 – Revenues from own sources from 1% to 5.5% in 2009 – Unconditional transfers from 2.8% to 5.5% in 2009 Buxhetet e NjQV-ve dhe Buxheti i Konsoliduar i Shtetit Në mln Lekë 2000 2001 2002 2003 2004 2005 2006 2007 2008 Totali i të ardhurave të Buxhetit të Shtetit 130,642 145,639 154,595 167,224 184,355 204,163 229,444 251,555 291,238 334,823 Totali i të ardhurave të Pushtetit Vendor Të ardhurat e veta të NjQV Të ardhura nga transferta e pakushtëzuar e PQ Të ardhura nga transferta e kushtëzuar e PQ Totali i të ardhurave të pakushtëzuara të PV Prodhimi i Brendshëm Bruto 36,387 1,316 3,643 31,428 4,959 523,043 37,699 2,038 4,870 30,791 6,908 583,369 38,287 2,676 9,500 26,111 12,176 622,711 44,105 7,923 6,300 29,882 14,223 694,098 47,432 9,613 6,277 31,542 15,890 750,785 52,635 12,019 7,300 33,317 19,319 814,797 26,226 11,112 15,114 26,226 891,000 26,355 27,526 9,366 11,307 16,988 16,219 26,355 27,526 982,737 1,090,305 36,835 18,412 18,423 36,835 1,173,760 28% 4% 26% 5% 25% 8% 26% 9% 26% 9% 26% 9% 11% 11% 10% 10% 9% 9% 11% 11% 7% 1% 6% 1% 6% 2% 6% 2% 6% 2% 6% 2% 3% 3% 3% 3% 3% 3% 3% 3% Pesha e PV në totalin e Buxhetit të Shtetit Totali i të ardhurave të PV në BSh Totali i të ardhurave të pakushtëzuara të PV në BSh Pesha e PV në PBB Totali i të ardhurave të PV në PBB Totali i të ardhurave të pakushtëzuara të PV në PBB Burimi Informacionit: Ministria e Financave: Drejtoria e Marrëdhënieve Ndërqeveritare LOCAL GOVERNANCE PROGRAM IN ALBANIA 2009 (plan) Local Budgets/Revenues • Own sources – Tax on small business – Tax on property (building) – Other local fees and tariffs • • Expansion of financial means Fitful progress of taxes LOCAL GOVERNANCE PROGRAM IN ALBANIA Local Budgets/Revenues Central Government Transfers • Unconditional grant from 75 % to 50% • Competitive grant/ tripled (in 2000 was 2.2 bln today 5.5 bln Leks) • Conditional transfer from 85% of LGU to almost zero today 50.0 2009 (plan) 50.0 2008 2007 Vitet 2006 2005 2004 2003 2002 2001 2000 - 20.0 Pesha në Buxhetin e PV LOCAL GOVERNANCE PROGRAM IN ALBANIA 40.0 60.0 80.0 100.0 Pesha e grantit të PQ në buxhetin vendor Pesha e të ardhurave të veta në buxhetin vendor LGU Structure in General / Conclusions • Financial improvement/ instruments increasing annually, yet at modest level to the total of state budget (11%) or GDP (3%) – New taxes on management – Funds allocated by Central Government – Loan and borrowing instruments • TAV and government transfers at the same contribution today • Taxes contribute most, but fitful progress – – Small business and tax on property Local fees • Competitive Grants, a deficient scheme – – – – General evaluation criteria Equal criteria for all LGUs (poor, mountainous, in distress) Delays in fund allocation High political representation in project evaluation commission LOCAL GOVERNANCE PROGRAM IN ALBANIA LGPA Partner Cities’ Budgets • Consolidated budget of 10 partner cities, similar structure with LGU budge in Albania • Small (7-11 thousand inhabitants) – Gramsh – Himarë – Librazhd • Medium (21 – 38 thousand inhabitants) – Pogradec – Lezhë – Fushë Krujë – Kukës • Large (65 – 93 thousand inhabitants) – Shkodër – Fier – Korçë LOCAL GOVERNANCE PROGRAM IN ALBANIA Findings LOCAL GOVERNANCE PROGRAM IN ALBANIA Taxes • Constitute from 45% to 85% of own revenues • Tax on small business is the most important one • Tax on property is the second most important tax • Tax on impact on infrastructure provides a considerable contribution to LGU budget • Fiscal package with a long list of other local/temporary taxes LOCAL GOVERNANCE PROGRAM IN ALBANIA Tax on Small Business • The most important source of LGUs • Legislation changed in years • Difficulties of its administration by local tax offices – Business do not keep accounting books – Businesses do not use the cash registries – Local tax administration does not render a clear division of duties related to the verification of the small businesses with the central administration – Central tax administration is focused on the large businesses • Unstable performance in tax collection – Increase of number of active businesses, decrease of revenues – Decline of economy – Improvement of fiscal administration LOCAL GOVERNANCE PROGRAM IN ALBANIA Tax on Small Business / Recommendations • Simplification of legislation • Transparency in calculating tax obligation by local administration • Better collaboration and continuous exchange of information with central government • Better information to businesses on their obligations and method of calculation, and terms of payment • On-site inspection on issue of detailed documentation of transactions • Installation of cash registries (central government project) • Computerization of registration and administration system of tax information LOCAL GOVERNANCE PROGRAM IN ALBANIA Tax on Properties • Component of tax on property is important • A very poor performance of tax on arable land • Tax on building, a great potential of revenues • Problems: – Lack of information of building area size – Poor communication with Real Estate Registration Office – Failure of registration of informal buildings – No mandatory measures on collection of tax – Tax collection to families is connected with administrative services to them • Recommendations – – – The law does not foresee a tax on urban land; application of this tax would increase local revenues Development of a special law would further prioritize this fiscal instrument Establishment of tax on individual income would render administration and collection of tax on property more manageable LOCAL GOVERNANCE PROGRAM IN ALBANIA Local Fees • Second to taxes, they are the most important resource of LGUs • Most important fees are: – Cleaning; – Greenery – Street lighting – Educational, cultural and administrative services • There is a long list of tariffs • Most often, they are duplicated with other temporary taxes • Recent changes in the law on local taxes will reduce the own revenues of LGUs by 20-55% as anticipated in the 2009 plans of LGUs. LOCAL GOVERNANCE PROGRAM IN ALBANIA Asset and Other Revenues • Important but unused resources of LGUs – In Gramsh, revenues from assets constitute 20% of local own revenues – In Lezhë 12% – In Fier 1.5% • Depends on local assets of LGUs and the process of their registration – In 2001, the law on transfer of assets from Central Government to LGUs approved – LGPA assisted 5 LGUs to complete the asset transfer process – Gramsh has registered its transferred assets; Lezhë, Korçë and Pogradec to complete it soon; process in Fushë Krujë underway • Detailed evaluation of assets status • Preparation of an analysis for their management – privatization; – Lease, rent, use; – sale; – Establishment of public-private partnerships, etc. LOCAL GOVERNANCE PROGRAM IN ALBANIA Loan from Financial Market • A powerful financial instrument to carry out important funding projects – Debt might be at maximum 1.3 times more than the revenues of this unit during the last fiscal year – increase its investment funds about 3.2 times compared to the normal funding provided in its annual budget – For large municipalities, the effect of this instrument is up to 5-6 times higher of annual investment budget – Fushë Kruja managed the agreement of the first commercial loan received by a local government unit; amount of loan is $1 million LOCAL GOVERNANCE PROGRAM IN ALBANIA Base year 2008 Debt limits based on stock criterion in Mln. Leks in Mln. Euro in Mln. USD Himarë 73.42 0.56 0.82 Librazhd 78.11 0.60 0.87 Lezhë 107.66 0.82 1.20 Gramsh 109.37 0.83 1.22 Fushë Krujë 161.35 1.23 1.79 Kukës 176.49 1.35 1.96 Pogradec 265.24 2.02 2.95 Korçë 518.76 3.96 5.76 Fier 585.09 4.47 6.50 Shkodër 681.95 5.21 7.58 Legislation on Local Tax System and Decentralization Reform • Law on Organization and Functioning of LGUs of year 2000 stipulated local finances • In 1992, local taxes were included in the Law on Tax System in the Republic of Albania • Number of local tax increased annually • In 1998, a complete (and currently applicable) list of taxes was established • In 2002, a special law on local tax system • The document analyzes more than 20 important fiscal amendments since 1992 LOCAL GOVERNANCE PROGRAM IN ALBANIA Findings from Fiscal Decentralization Reform • Since 1992, fiscal decentralization has brought in: – Transfer of authority to LGUs – New financial resources – Discretion to impose new taxes and tariffs and their rate – Harmonization of fiscal procedures on collection and administration of taxes, apart of recent legal changes (Law No. 10117, dated 24.04.2009) • there is a nonsense in the application of the revenues tax • The Law on the Organization and Functioning of the Local Government provides for the LGUs own revenues and the shared taxes and tariffs. • If the shared taxes and tariffs were to be applied, there would be eliminated the replication of two taxes (tariffs) on small business and there would be wasted less energy by both fiscal administration LOCAL GOVERNANCE PROGRAM IN ALBANIA Recent Legal Changes in Local Tax System Issue Small Business Tax (Article 11) Existing law The LGUs may change the tax level by +/-30% Approved amendment The LGUs may change the tax level by +10/-30% Immovable property tax (Article 21) The LGUs may change the tax level by +/-30% The LGUs may change the tax level by +10/-30% Other taxes (Article 32) The LGUs may change the tax on the occupation of public spaces by +/-30% Temporary taxes (Article 33) When necessary, the LGUs might approve temporary taxes The change must not exceed the level of +10% of the indicative level of the small business tax, calculated on the total amount of the tax on the occupation of public spaces and other applicable taxes and tariffs. The sum of temporary taxes together with the applicable taxes and tariffs8, should not exceed the level of +10% of indicative level of small business tax. The sum of applicable tariffs should in no case exceed the level of 10% of the indicative level of small business tax The local tariffs and their administration (Article 35) LOCAL GOVERNANCE PROGRAM IN ALBANIA Consequencies of Recent Legal Changes • Considerable decline of local budget, estimated at 20 – 55% • De-evaluation of successful decentralization reform, by eliminating the fiscal autonomy • Considerably reduces available funds for investments • Harms the capital investment plans and LGUs’ capability to implement strategic plans • Eliminates relationship between fees and public service cost, unable to cover its cost • Affects local borrowing capability • Creates difficulties in clearly defining the individual local tax in the process of tax management • Reduces municipal and communal budgets, thus affecting simultaneously the region’s budgets LOCAL GOVERNANCE PROGRAM IN ALBANIA WAYS TO MANAGE RECENT LEGISLATION AMENDMENTS TO THE LOCAL TAX SYSTEM • Amendments to the law on Local Tax System and more specifically the limitations imposed on other taxes and temporary taxes as well, is a vilation of the law on the Organization and Operation of the Local Government, particularly in Articles: – 15.3 – 16.2 – 16.3 (a) – 16.4 • Recommendation – The revision of these legislative amendments considering the above-mentioned quoted articles is strongly recommended and the central government should financially compensate the difference in the budget of the respective unit budget through the unconditioned grant For the time being, in a situation when the local administration has to back these legislative amendments, it is recommended for the LGUs : 1. To summon local councils by reviewing the fiscal packages in compliance with these legislative amendments (2009) in order to cut proportionally the expense budget, or 2. For the short time left for this finance, the fiscal package should not be altered. The legislative amendments should be estimated one more time and should be taken into consideration in the fiscal package and budget of 2010. In the meantime the tax payers should be considered as creditors according to the estimations of the next fiscal year • PROGRAMI I QEVERISJES VENDORE NË SHQIPËRI