Chapter 3

Chapter 3

Local Government

3.1 On 31 March 1999 the Senate referred the provisions of the bills relating to Commonwealth/State financial relations to the Select Committee for inquiry and report by 30 April 1999. Commonwealth/State relations are only discussed in this chapter to the extent that they are relevant to issues of the impact of the proposed ANTS package on the local government sector.

Background

3.2 From 1 July 2000, the Commonwealth proposes to provide States with a stable and growing source of revenue by giving them all the revenue from the GST, conditional on the States abolishing a number of financial taxes and charges (such as the Financial Institution Duty, the debits tax and certain stamp and conveyancing duties) and bed taxes and not re-introducing them. Financial Assistance Grants are to be abolished from 1 July 2000, as are bed taxes. Financial Institutions Duty (FID) and debits tax are to be abolished on 1 January 2001; the other designated financial taxes from July 2001.

3.3 By 2003-04 the States are projected to be $370 million better off than under existing arrangements. Reflecting the strength of GST collections relative to the existing system of Commonwealth grants and narrowly based State indirect taxes, the Budgets of the States are projected to improve by $1.25 billion in 2004-05, $2.25 billion in 2005-06, and commensurately larger amounts in subsequent years. [1]

3.4 The States will take responsibility for the payments of general-purpose assistance to local government currently made by the Commonwealth.

3.5 The Commonwealth will make the payment of GST revenue conditional on the States making these general purpose payments to local government in accordance with existing conditions. The purpose is to ensure that local government is not worse off in that respect. The Commonwealth Government argues that overall local government is expected to gain from the removal and reduction of Commonwealth and State taxes that currently increase their running costs. [2]

The Impact on Local Government

3.6 Funding for local government has traditionally come from both Commonwealth and State governments. The proposed indirect tax changes allow the Commonwealth to claim it will no longer need to provide general purpose assistance to local government. States would have sufficient funds to ensure adequate funding arrangements for local governments.

3.7 Submissions received from Local Governments have principally addressed the terms of reference of the inquiry which deal with the impacts of the tax reform legislation as they apply to Local Government:

i) the effects of the package on future federal-state financial relations and the capacities of state and local governments to adequately finance their respective responsibilities in both the short-term and the long-term including the effects of the proposed transfer of responsibility for local government financial assistance to the states, and whether it discriminates between states;

ii) mechanisms required to lock in commitments made by federal and state governments with regard to the new arrangements; and

iii) the effects of application of the GST, and of changes to tax status, on local government and its activities, particularly commercial activities.

3.8 Local government's role is to ensure that the community has the infrastructure, information and services it needs in order to function on a daily basis. A significant aspect of that role is the provision of a wide range of services to the community, either as the direct provider or as the `buyer' of those services. In either case, the sector's focus is not one of commercial gain. There is no notion of `sales' or pursuit of profit.

3.9 Many of these services are funded through the rating system. Rates are taxes imposed by local government which are utilised to ensure equitable access to fundamental community services. Services provided by Local Government across one or more State and Territory jurisdictions include :

3.10 Local Government across Australia accounts for 5 per cent of total government outlays and nearly 4 per cent of total national taxation receipts. At nearly $6 billion each year, Local Government's national tax collections are greater than those of the government of the State of Queensland – and thus greater than those of Western Australia, South Australia and Tasmania combined.

3.11 Of the revenues represented by Local Government taxes, fees and fines, 93 per cent are sourced through taxes on property. The remainder is derived from regulatory fees and penalties.

3.12 These revenues, along with those derived from interest, borrowings and other own-source receipts make Local Government nearly 80 per cent self-sufficient. The majority of the shortfall in Local Government self-funding is currently provided by the Commonwealth through untied financial assistance, totalling $1.2 billion in 1997-98, and through specific purpose payments to Councils. [3]

Intergovernmental Financial Relations

3.13 In its submission to the Committee, the Australian Local Government Association (ALGA), which is a federation of the peak Local Government associations in the six States and the Northern Territory, enunciated its support for reform of the national taxation system as a legitimate and worthy policy goal.

3.14 The primary concern of Local Government is that aspects of the Government's tax reform proposals will impact negatively on the provision of adequate and equitable services to local communities throughout Australia. [4] These include:

3.15 The Western Australian Municipal Association (WAMA) is the peak organisation of Local Government in Western Australia. WAMA strenously opposes the transfer of responsibility for its financial assistance grants to the States. It complains about inequities and distortions in the federal funding relationships that have led to diminished and unpredictable revenues and substantial cost shifting between the spheres of government.

3.16 As stated in the 1997-98 Report on the Operation of the Local Government (Financial Assistance) Act 1995, prepared by the National Office of Local Government :

The Commonwealth's involvement in local government stems from its constitutional power to grant financial assistance to any State for any purpose on such terms and conditions as the Parliament thinks fit. This allows the Commonwealth to play an oversighting role: to influence local government by allocating financial assistance through State and Territory governments and by providing grants to develop the capacities of local government

and,

While recognising that the States….have direct constitutional responsibility for local government, the Commonwealth Government aims to work in partnership with local government to contribute to national economic social and environmental performance….The Commonwealth Government has a long term role of facilitating a continuing national dialogue between the Commonwealth, the States and local government to address emerging issues…

3.17 ALGA and all member associations and delegates at the 1998 National General Assembly of Local Government strongly oppose the Government's proposal to pass responsibility for Local Government financial assistance to the States. ALGA argues that :

Not only must the Commonwealth recognise its ongoing responsibility to provide financial assistance to Local Government, it must acknowledge the need to secure a revenue supplement for Local Government at an adequate initial level and with potential to grow to meet the expansion of Local Government roles and responsibilities.

The steady decline in general purpose financial assistance grants to Local Government relative to total Commonwealth taxation revenues, must be reversed. The extreme vertical fiscal imbalance in Australia's federal system must be countered through viable redistribution mechanism.

Despite the intention of federal financial assistance, which totalled more than $1.2 billion in 1997-98, studies have shown that current grant levels are inadequate to achieve full equalisation of Local Government services between Councils, both interstate and intrastate. [5]

3.18 ALGA argues the proposal to transfer responsibility for funding would not only divorce the Commonwealth from its stated duties, but would “freeze” Local Government financial assistance at current, historically very low levels, with at best real terms per capita maintenance. WAMA believes that it is a vital role of the Commonwealth to underpin local governments' contribution to national life to enhance the achievement of national policy objectives across a broad range of economic, social and environmental issues.

3.19 Further, despite `guarantees', ALGA is not convinced that there is adequate protection against reducing Local Government financial assistance in the longer term, explicitly or implicitly through reductions in tied grants and further cost shifting. ALGA noted that the nature of the Government's `guarantee' on financial assistance in the hands of the States remains, in any case, unspecified.

3.20 Local Government recommend that to fulfil the expectations of Local Government, a guarantee would need to enshrine principles, backed by sanctions, including that:

3.21 ALGA emphasises that even if all of these elements were fulfilled in the impending legislation, the removal of a national focus for Local Government financial assistance would represent a significant loss in the context of a viable federal relationship.

3.22 The November 1998 Premiers' Conference also endorsed as part of the tax plan a move toward full reciprocal taxation by governments including Local Government. An independent study commissioned by ALGA from KPMG in March 1998 confirmed that Local Government would be a net loser under reciprocal taxation. Local Government had not been able to secure from the Government an assurance of revenue neutrality for individual Councils and rejects the alternative of the use of untied financial assistance as aggregate compensation.

3.23 Local Government strongly asserts that :

Local Government needs to be a party to further negotiations as its interest in this area cannot effectively be represented by the States.

The Government must begin to recognise the vital role of Local Government in any intergovernmental consultation process, and further, the vital link between the three spheres of government that Commonwealth oversight of Local Government financial assistance ensures.

3.24 WAMA quotes the following in support of its argument for adequate funding :

The identified road funding component leaves an estimated shortfall of $1 billion each year in Local Government's capacity to maintain its share of the nation's road network. Local Government already spends $2.3 billion each year on roads. In 1997-98, the Commonwealth contributed only $370 million in identified road funding to this vital national asset.

The situation has been exacerbated by the erosion of Local Government financial assistance, an inevitable consequence of vertical fiscal imbalance without fixation to a suitable benchmark. Since 1983-87, and the ending of the tax-sharing arrangement, financial assistance to Local Government has fallen from over 0.9 per cent of total Commonwealth tax collections to around 0.6 per cent, from 2 per cent of personal income tax collections to just 1.1 per cent in 15 years.

3.25 Local Government believes that current reform environment presents the ideal opportunity to reshape intergovernmental financial relationships to deliver each sphere a greater capacity to fulfil its funding roles and responsibilities while making each other more responsible for raising its own revenues.

3.26 WAMA believes the proposal for States/Territories to maintain financial assistance at current levels is completely unsustainable and requests that the Committee consider guaranteeing Local Government a fixed 6 per cent share of GST revenues. WAMA argues in its submission that :

A 6 per cent share of GST revenue allocated to Local Government untied financial assistance would return funding over the medium term to the share of Commonwealth taxation it represented in the early 1980's. This level of assistance is considered sufficient to enable equalisation of Councils' financial capacities and provide in the longer term for growth in Local Government roles and functions.

Further, in support of the Submission prepared by the South Australian Local Government Association on behalf of five State/Territory associations including WAMA, WAMA recommends that Local Government financial assistance should be distributed between the States on the basis of fiscal equalisation as opposed to the current per capita method.

3.27 While fiscal equalisation applies in the distribution of State/Territory funding, and between local governments within each State and Territory, there is a `gap' in the system in that fiscal equalisation is not currently applied between the local government sectors in each State and Territory.

3.28 To rectify this, WAMA recommends the following:

3.29 Local Government endorses the Government's decision to leave general rates, important essential services and charges for regulatory services GST-free. This supports a long-standing contention that a GST on rates is `a tax on a tax' and that regulatory fees and essential community services should not bear a tax.

3.30 Local Government views a GST as a means of dealing with the problem of a distorted and increasingly narrow national tax base. WAMA, in its submission, raised the questions of equity and compliance in relation to inappropriate taxation of regulatory services and services provided solely for community benefit.

Councils have been encouraged … to adopt a more entrepreneurial attitude to service delivery in some areas. Further, National Competition Policy has obliged Local Government to delineate those activities with commercial elements. Local Government accepts that some activities, conducted for commercial gain, in direct competition with the private sector, could be considered legitimate subjects of GST taxation on the grounds of competitive neutrality.

The Government's pronouncements to date and the proposed legislation…..still leave considerable grey areas in assessing the GST treatment of particular activities, notably regulatory and essential service activities. In particular, according to expert analysis commissioned by ALGA from PricewaterhouseCoopers, the GST Bill does not conform with Government assurances that all non-commercial activities of Local Government will remain GST-free. [8]

3.31 WAMA asserts that regulatory charges should not be taxed. It also maintains that, regardless of theoretical contestability, any activity embodying a significant community service obligation or for which a Council levies only a nominal charge, should not be subject to a GST. Imposition of a GST here would unnecessarily raise the cost of community services and discourage the provision of these services.

3.32 The GST Bill does not incorporate a test, similar to charitable institutions or otherwise, that gives GST-free status to the `non-commercial' activities of Local Government.

3.33 WAMA seeks assurance that legislation will be put in place to ensure that a test is available for Local Government to apply in determining which of its charges fall outside of the scope of the GST, bearing in mind that some services and activities could be considered commercial for some Councils yet constitute a community service obligation for others.

3.34 WAMA acknowledges the Government's commitment to directly ameliorate the costs of changeover and compliance with the new GST and to simplify its application. It also emphasised the need to recognise Local Government's obligations to meet significant compliance costs given the great diversity of commercial activities undertaken by Local Government.

Change-over costs to Councils, including price impact analysis, education of staff and so on, could amount to over $20,000 each, or around $3 million if extrapolated across all western Australian Councils.

3.35 The Municipal Association of Victoria, the peak body for Victoria's 78 councils, has undertaken considerable analysis and conducted a number of case studies relating to the proposed tax reform. The overwhelming finding from this work, is that there is no real economic or community benefit from inclusion of local government in the `GST loop'. [9]

3.36 The Municipal Association of Victoria noted that:

i) Local Government will always pay more GST than it collects and will always be in a position whereby it is seeking reimbursement from the ATO;

ii) the systems and resources required to administer the GST in an organisation as diverse as a Council are extensive and costly;

iii) Local Government will be placed in a position whereby it is forcing the community to pay GST on services where only a nominal fee or charge applies. These services are not commercial and are provided by Councils, in most case, because private sector organisations are not willing to do so. [10]

3.37 As a result communities will be required to subsidise the increased cost burden on local government caused by the introduction of this tax. A typical Victorian Council (defined as one with a population of 100,000 or more) will:

3.38 The Municipal Association of Victoria concluded:

For every dollar of GST revenue raised by local government, 25 cents would be spent by the municipality on collection. (This figure excludes the extensive costs of establishing administrative systems.)

Local government is further concerned that the compensation systems to the community, as outlined in the Reform Package, may not be realised, and as such, will impact on local government, creating even greater demand for local services.

In summary, there is no real economic or community benefit from inclusion of local government in the “GST loop”. [11]

3.39 Organisations representing Local Government raised many of their concerns with the Senate Community Affairs Reference Committee. The following evidence is that reported by that Reference Committee. Representatives raised the point that the proposed tax package will negatively impact on the provision of adequate and equitable services to local communities. These organisations considered that this would occur through:

3.40 The Australian Local Government Association (ALGA) stated that Local Government should not be required to levy a GST on nominal charges for community service activities and facilities. [14] The Municipal Association of Victoria (MAV) and the Local Government and Shires Association of NSW (NSW LGSA) also raised this matter. The NSW LGSA stated that in a reply to a letter of 17 September 1998 sent by it to the Prime Minister, the Federal Director of the Liberal Party of Australia, Mr Lynton Crosby wrote:

The non-commercial activities of Government will be outside the scope of the GST. This means that where a service is provided free of charge or for a nominal charge, the GST will not apply. However, the Government intends to apply the GST to the commercial activities of all level of government in the normal manner. [15]

3.41 ALGA informed the Committee that the Minister for Regional Services, Territories and Local Government had explained subsequently that the undertakings in the letter were not correct. The GST Bill does not conform to Government assurances that all activities of Local Government for which a nominal fee is charged, but would usually be considered non-commercial, will remain GST-free. [16] However ALGA added:

We assumed it was the case and in our approach to the whole issue we presumed that what we were told and the information contained in that letter were accurate. We believe that is an issue of concern and that, in one way, we had been misled into believing that those nominal charges would be free of GST. Now we are finding in the legislation package that, in actual fact, they will be subject to the GST. [17]

3.42 ALGA and other evidence noted that the imposition of a GST on Local Government regulatory and community service activities would `unnecessarily raise the cost of community services and may discourage their provision. It would put Councils in the position of either absorbing increased costs or passing on costs by increasing fees'. [18] The Association stated that the first option is impractical in the current operating environment for most Councils and the second option is undesirable, as it would lead to inequitable outcomes for people in the community reliant on these services. [19]

3.43 ALGA noted that many Council charges, other than rates, are likely to be subject to a GST:

They cover those community services that, under the legislation, are likely to have a GST applied to them. Therefore, the consumers and the users of those services will have to pay additional costs. People who use pools provided by the council, particularly in isolated areas and rural and remote areas of Australia, will have to pay extra GST. We have concerns about the simple use of facilities like cemeteries and crematoriums supplied by local authorities; charges associated with libraries…Meals on Wheels; community transport and all these things. [20]

3.44 It was also noted that some Councils provide more community services than others. Councils in Victoria, for example, provided a significant range of community services while those Councils in rural and regional Australia also stepped in to provide services where no other public or private sector organisation in the community had done so because of lack of profitability. [21] For example, the MAV noted:

We bring people into an elderly citizens centre and provide maybe 60 or 70 meals every lunchtime. There would be a notional fee charged for those individuals to cover some of the costs because, as you would understand, providing something like six million or seven million meals a year across the state [of Victoria] is a massive cost to local government. [22]

GST: An example of the impact on Local Government

The MAV cited the example of the nominal fees charged by councils for services in Victoria: `We have had a quick look at a range of fees that are collected in Victoria. We calculated 217 fees across a range of services of which about 117 will have a GST applied to them. I will run through some of them. They include baby capsule hire; bus hire for children; school holiday programs; adult day care centres for the aged; aged service bus hire; gentle exercise programs for the elderly that are held at leisure centres and in centre based activities; lawnmowing services for the aged poor; neighbourhood centres; podiatry services; the provision of the servicing of senior citizens, and it is picked up on fees charged for membership; and social support activity programs'.

Source: Committee Hansard, 12.3.99, p1206

3.45 The Association also raised the problem of services provided by Councils similar to HACC funded services which are GST-free – `that is, separate from the services which councils provide outside the HACC framework which would have a GST on them'. MAV further added:

There is a component of the HACC agreement which deals with home based maintenance, but councils provide services that are different from that agreement and maintenance outside the agreement. They would be the ones that would be affected by a GST where there was a fee charged. Our understanding is that the ones that have components that fall under the HACC agreement will be exempt. [23]

3.46 ALGA pointed out that if community services were provided by a charity at a nominal fee, then the service would be GST-free. [24] However, under the provisions of the legislation, the 50 per cent nominal value rule does not apply to Local Government services – only to charities, even though many of the Local Government services are provided on a not for profit basis:

3.47 We believe we provide services which are going to be similar to those of charities in terms of our welfare activities and that sort of thing. The charities are given a concession. In effect, in the legislation where their activities are provided at under 50 per cent market cost, they are deemed to be non-commercial activities for the purpose of the GST.

3.48 Local government services that would be provided in exactly the same sense, and local government being not-for-profit organisations, the nominal charge would be subject to the GST. It comes back to the question of a commercial/non-commercial divide. We were given the expectation that non-commercial charges of local government would not be subject to a GST. [25]

3.49 It was suggested that some Councils would be faced with a choice – either provide services free of charge, exempting them from charging a GST on nominal fee services, and increase Rates to cover the additional cost, or withdraw or scale down some services. However, it was noted that some Councils charge nominal fees `to prevent unfettered access to services' and that `nominal charges actually have some value in themselves'. [26]

3.50 The Association cited the example of Local Government involvement in the area of public housing that will be adversely affected by the tax changes. The Association noted that Local Government has an extensive role in supporting community housing through its planning functions and for some Councils, the direct provision of housing, including housing for the aged and crisis accommodation, particularly for lower income groups in the community. As residential rents will be input taxed Local Government will not be able to claim input tax credits for acquisitions used to carry out those activities. The Association noted that the impact `will be to significantly increase the cost of providing low cost housing'. [27]

Summary of outcomes sought by Local Government on Intergovernmental Financial Relations

3.51 The following sections of this chapter set out the summary of the Select Committee in relation to Intergovernmental Financial Relations. On the effects of the tax package on the capacity of Local Government to adequately finance its responsibilities in both the short-term and the long-term, ALGA recommends :

3.52 On mechanisms required to lock in commitments made by Federal and State governments with regard to the new arrangements for payment of Local Government financial assistance (notwithstanding irreconcilable inconsistencies between Local Government financial assistance as a national initiative and its proposed payment by the States), ALGA recommends as a minimum :

3.53 On the implications for future federal-state financial relations of not extending the GST to the “necessities of life”, ALGA recommends :

3.54 On the effects of application of the GST, and of changes to tax status, on local government and its activities, particularly commercial activities, local government bodies expressed concern that the zero-rating the Commonwealth Government proposes for parts of their activities is not to be built into the GST legislation in the way the health and education zero-ratings are. Local government bodies expressed concern that the zero rating the Commonwealth Government proposes for parts of their activities is not to be built into the GST legislation in the way the health and education zero ratings are. ALGA therefore seek :

i) a similar provision inserted in Division 38 of the GST Bill to that available to charities under section 38-250 (“the 50 per cent consideration test”); and

ii) a provision in Division 38 which provides GST-free treatment for activities set out in a table similar to the approach of classifying health services under section 38-10 of the GST Bill.


Footnotes

[1] ANTS, p.78.

[2] ANTS, p.25.

[3] Submission No.631, pp.5-6.

[4] Submission No. 631, p 3.

[5] Submission No.900, p.4.

[6] Submission No.631, p.10.

[7] Submission No.900, p 5.

[8] Submission No.900, p 6.

[9] Submission No. 605, p3.

[10] Submission No.605, p4

[11] Submission No.605, p4

[12] Local Government regulatory activities include building regulation/inspection, zoning/planning, pollution regulation etc. Community service activities include aged and disabled housing/public housing, childcare centres, health centres, meals on wheels, parks and gardens, swimming pools etc. See Submission No.631A, p7.

[13] Submission No.631A, pp.1-12; Submission No.900, p2; Submission No.596, pp 3-4; Submission No.887, p2. See also Evidence pp.1201-03

[14] Submission No.631A, p1). See also Evidence, p744

[15] Submission No.887, p4

[16] Submission No.631A, p1. See also Evidence, p1202.

[17] Evidence, p1202

[18] Submission No.631A, p1. See also Submission No.742, p6; Submission No.900, p6; Submission No.605, p9

[19] Submission No.631A, p1

[20] Evidence, 12.3.99, p1201

[21] Evidence, pp.1207, 1212

[22] Evidence, p1206

[23] Evidence, pp.1214, 1215

[24] Evidence, p1202

[25] Evidence, p1216

[26] Evidence, p1208; p1210

[27] Submission No.631A, p10. See also Evidence, pp.1212-13.

[28] Submission No.631, pp.12-14.