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The great wealth tax debate: Heed the 60-million South Africans, rather than the 100,000 wealthiest

The challenge is to obtain data on wealth patterns and the owners thereof (which cannot reliably be extrapolated from income) and then set up a viable collection system.

Business Maverick editor Tim Cohen has recently written critically of the idea of a wealth tax. But, as Dr Dick Forslund pointed out in his riposte to Cohen, the latter was arguing not about a wealth tax but rather about increased marginal rates of income tax on high-net-worth individuals (HNWIs). 

The essence of Cohen’s argument is to be found in the following passage: “So, back to Pravin Gordhan’s 2017 wealth tax. It[’s] simple enough; it constituted an increase of the maximum marginal rate – the rate of tax that applies to the top income bracket – from 41% to 45%. He also increased the withholding tax on dividends from 15% to 20%, and limited the adjustments for bracket creep (when salaries rise with inflation but the tax brackets do not).

“The expectation at the time was that this would affect only about 103,000 people earning over R1.5-million a year. The estimated income from those three measures was supposed to be around R23-billion. It was a full-on assault against the rich, because, as we all know, the rich are all evil cheats who gained their wealth not through skill, or hard work or innovation, but through skiving the system somehow.

“So what happened? We had to wait a year to see, but the truth came out in the 2018 [B]udget. Not only did SA not get R23-billion, SARS scooped R20.4-billion less than expected in personal tax. Instead of the R483-billion from personal income tax anticipated, it collected only R462-billion. Increasing the tax rate garnered exactly nothing.”

That a former editor of Business Day would seek to defend any attempt to increase taxes on HNWIs is not surprising, but it is disappointing, reflective of the libertarian economics that elides so conveniently over the egregious patterns of concentration of wealth in this country.

In justification, let me briefly offer the following: increasing income tax is not the equivalent of a wealth tax. Second, Cohen, in keeping with the ideological bent of this kind of argument, relies on the Laffer Curve to argue against tax increases. There is a stark absence of any solid empirical research that supports the Laffer argument that there is a clear connection between lower tax rates on the wealthy and increased growth. A cursory examination, for example, of a series of research papers published by the Institute on Taxation and Economic Policy reveals this. 

But even if the famous serviette on which Laffer outlined his theory has any traction, consider, for example, the variables in play in South Africa that contributed to lower tax revenue: the effect of the degradation of SARS under Tom Moyane as documented in the Nugent Report, declining economic growth (Treasury has overestimated economic growth for a number of years), declining tax morality, unquestionably fuelled by the corruption pandemic that has engulfed the South African state over the past decade, and more. Oddly, Cohen concedes that these factors all existed in South Africa and notes the empirical evidence against Laffer, but he still persists with the argument that Laffer may have traction in South Africa! 

The reality is that tax evasion is widespread and has been for more than a few years. Whereas the majority of the population pay their fair share, through VAT and PAYE, if they are fortunate enough to be in employment, there is a clear cohort of HNWIs who continue to evade tax. 

The upshot of all this is that Cohen’s column will doubtless receive an enthusiastic embrace from the HNWI community, save for those that recognise the historical legacy and current reality that is egregiously unequal South Africa. 

Take but two numbers: a UN report estimated that in 2016 South Africa lost $3.4-billion in tax revenue through over-invoicing and customs fraud. The Commissioner of SARS, Edward Kieswetter, is reported to have said that in 2017 alone R93-billion left South Africa in service charges such as commissions paid by SA-based subsidiaries to offshore companies, management fees and royalties. There are also credible reports that South Africans hold some R427-billion of assets offshore, of course not all illicit, but certainly not all reported to SARS. 

The figures in the Budget Review 2020 reveal that there are no more than 5,000 taxpayers reporting taxable income in excess of R5-million. As I have often noted, the range of Maseratis, Ferraris, Lamborghinis, Porsches and other luxury motor vehicles coupled to the many luxury homes that are to be found in the major cities as well as locations like Plettenberg Bay is itself evidence that these figures are clearly not reflective of tax reality. Add to that the many South African who control offshore trusts and companies situated in the Channel Islands, Mauritius and the Virgin Islands, and the scale of the evasion only grows exponentially. 

The upshot of all this is that Cohen’s column will doubtless receive an enthusiastic embrace from the HNWI community, save for those that recognise the historical legacy and current reality that is egregiously unequal South Africa. 

But, in all his conceptual confusion, Cohen has focused on a different target for that of a wealth tax. In short, he has raised a different set of arguments to those concerning the question of a wealth tax levied on wealth and on income. While one published idea of a tax of between 3-7% on wealth which will produce upward of R50-billion a year, is, in my view, seriously problematic both from the perspective of the unprecedented high rate and the lack of data on wealth, that does not mean that a wealth tax has no merit. 

The challenge is to obtain data on wealth patterns and the owners thereof (which cannot reliably be extrapolated from income) and then set up a viable collection system. The benefit of a wealth tax set at a comparative rate is less about massive revenue increases which would flow directly from the tax itself, but rather that it could produce data on ownership of wealth (the definition of which is itself a challenge). This, in turn, would assist in the closing of the income tax gap, in which Cohen has not shown the slightest interest if his article is any evidence thereof.

Oh, and by the way, given the nature of wealth patterns, it might add some needed legitimacy to the system, that is if we care about the views of 60 million as opposed to 100,000. DM

Read Tim Cohen's response here.

Comments (6)

Wilhelm van Rooyen Feb 9, 2021, 10:11 PM

That, my dear Judge, is the essence of the socialist approach - even though our cake is so unequally divided, it is also far too small to sustain all of us, even if it were equally divided. By all means, go after those pesky tax dodgers and recover that which is legally due to the state. But to think that you can help the 60 million out of their misery by redistributing a portion of the wealth of the 103 000, is a fallacy. Far better to consider ways to grow the cake. And you know what, those of us who are deeply invested in this country would gladly assist in this endeavour - so I suggest you do your bit by helping us to get rid of the criminals, corrupt politicians first.

Johan Buys Feb 8, 2021, 10:32 PM

Judge : very easy start to understanding wealth patterns vs taxable income and fixing the disparity : tax any use of any asset at below market value as a deemed fringe benefit regardless of an employment relationship. So if Denny lives in a Claremont apartment owned by the grandpapa’s trust, that is a deemed R15k per month income. Any expense of any kind in a trust or company should be taxable in the hands of the recipient or asset user. I suspect this change in law will face some difficulty passing a vote in Parliament... then require the ENTIRE board of a company to sign personal unlimited liability that the value of inter-company charges to that postbox in the Caymans is indeed fair and arms-length. You will gather tens of billions from just that.

Wayne Smith Feb 8, 2021, 09:27 PM

Taxing a society more to cover the ineptitude of those that rule is akin to climbing into a bucket and trying to lift yourself off the ground by pulling on the handle. It sounds like a good idea that doesn't work.

Rob Dyer Feb 8, 2021, 07:54 PM

Wow!! Look at all these comments. Popular topic!! I'm sure most of those commenting would lament South Africa's reputation of having the second highest gini coefficient on the planet. But if there is any serious and practical suggestion to spread our wealth a bit more equally? No-way. I'm all right Jack.

rozie Feb 8, 2021, 10:03 PM

Ha, ha - how about you leading the way Jack?

Ron Ron Feb 8, 2021, 07:26 PM

A wonderful debate below and as much as I enjoy Judge Davis, I am certainly not persuaded by his argument here. But I have no wish to repeat every one else's great arguments. What I have not seen mentioned by judge or his critics below, at least not directly, is the fact that a huge part of SA's economy is underground and pays no tax at all. I have personally seen the "kwara-kwara" stores in small platteland towns that ran the older businesses out. How can you compete if you pay minimum wage or above, VAT, PAYE and SITE, and whatever I missed in that, when your competitor from China, or Somalia, or elsewhere, pays none of that crazy stuff. The owner of a small shop in Tarkastad told me how he could not buy certain products wholesale at the price for which his competitors are selling those same products retail. It is the same in many places. I see people flashing around conspicuous wealth, I have even dealt with some of them for business. Prices are in cash and there are no invoices. I have ven asked about the tax, and they smile - clearly they think tax is for idiots. The problem is that we have (and SARS) have no idea how big this parallel economy really is and as long as everyone is corrupt, it will flourish because its members have ready cash for bribes. Why queue half the day for a government service dispensed by a bored and dismissive civil serpent, when you can simply pay someone and the problem goes away. In many ways it is like the rules of the road. The more you see others around you ignoring them with impunity, and getting ahead of you (is there anything worse?), the more tempting it is to emulate those "smart ones" - and soon even moms driving kids to school are driving like Taxis. Its the same in every part of life. By going after the law abiding taxpayer, you simply increase the incentive for him to join the underworld. I wonder how warm and fuzzy the billionaires (who were barely acknowledged) who donated a Billion Rand each to help with the effects of Covid (which, it seems, were promptly stolen) feel when they read an article like this. The other point of course is value for money - what do those 100 000 get for their tax? Nothing, except a few more bureaucrats to make their lives more inconvenient while pretending to be working.

Gary Taylor Feb 8, 2021, 06:09 PM

It is pretty obvious that the interests of 60 million will trump the interests of 100,000, especially in a country where the 60 million are sold the ideological garbage of the ruling cabal of crooks and gangsters that but for the self serving and greedy capitalists the country would be Nirvana. Never mind that no amount of tax will ever be enough to satisfy the voracious appetite of the pigs that feed from the trough - tax that will NEVER reach the 60 million. We would tax most of 100,000 into poverty and dependency on the state (not that there is any state support once the looting has taken place), rather than do the hard work necessary to uplift the 60 million because it’s a much easier sell. Not one iota of value is added by our ruling party and their bloated, overpaid and inefficient public sector, in fact there is a negative utility associated with the public sector and the tax to support this ever growing and demanding pond of leeches is successfully crowding out the private sector. The answer should surely be to incentivise everyone to invest and contribute to the extent possible with the intention of growing the economy by: Doing away with BEE, EWC, NHI, any talk of a wealth tax and minimum wage and diminishing the power of the unions; Use SAPS and NPA resources to arrest and prosecute those who have looted with impunity and use SARS resources to aggressively recover that which has been stolen from the people of this country; Incentivise the private sector to risk capital, apply their intellect and energy and create jobs; Tax consumption, and use the tax for education, to support the most deserving (the aged, mentally and physically incapacitated not those able, but unwilling to take a job), for investment into productive infrastructure, to support a competent and professional police service to get crime under control and improve the capacity of public healthcare; Reduce the size and wage bill of the public sector; Let the vanity SOE’s like SAA fail. These are some of the things we need to do, and requires the 60 million to vote the corrupt crime syndicate out of power. Recognising that there is little to zero chance of that happening and we are all therefore on a one way road to ruin, the 100,000 should do what they need to do to protect their hard earned asset base. The refrain across Africa is that there is limited capital formation as ‘Government has eaten our money’... it seems this is destined to be SA’s future refrain as well.