Report - Provisions of the Taxation Laws Amendment Bill (No. 5) 1997
Membership of the Committee
Senate Economics Legislation Committee
Core Members
Senator A Ferguson (Chairman) |
(Liberal Party - SA) |
Senator J. Collins (Deputy) |
(Australian Labor Party - VIC) |
Senator H.G.P Chapman |
(Liberal Party -SA) |
Senator M. Bishop |
(Australian Labor Party - WA) |
Senator A. Murray |
(Australian Democrats - WA) |
Senator J.O.W. Watson |
(Liberal Party - TAS) |
Participating Members
Senator E. Abetz |
(Liberal Party - TAS) |
Senator R. Boswell |
(National Party of Australia - QLD) |
Senator B. Brown |
(Australian Greens - TAS) |
Senator G. Campbell |
(Australian Labor Party – NSW) |
Senator B. Collins |
(Australian Labor Party - NT) |
Senator M Colston |
(Independent - QLD) |
Senator S. Conroy |
(Australian Labor Party - VIC) |
Senator B. Cooney |
(Australian Labor Party - VIC) |
Senator J. Faulkner |
(Australian Labor Party - NSW) |
Senator B. Harradine |
(Independent - TAS) |
Senator K. Lundy |
(Australian Labor Party - ACT) |
Senator S. Mackay |
(Australian Labor Party - TAS) |
Senator D. Margetts |
(WA Greens - WA) |
Senator S. Murphy |
(Australian Labor Party - TAS) |
Senator B. J. Neal |
(Australian Labor Party - NSW) |
Senator K. O'Brien |
(Australian Labor Party - TAS) |
Senator C. Schacht |
(Australian Labor Party - SA) |
Senator N. Sherry |
(Australian Labor Party - TAS) |
Secretary
Mr Robert
Diamond
SG.64, Parliament House
Canberra ACT 2600
Tel: (06) 277 3540
Fax: (06) 277 5719
Principal Research Officer: Frank Nugent
Report
Taxation Laws Amendment Bill (No. 5) 1997
Background to the inquiry
The Taxation Laws (No. 5)
Amendment Bill 1997 contains the legislative rules for the new infrastructure
borrowings tax rebate that was foreshadowed in the last budget.
The Bill was introduced into the
House of Representatives on 23 October 1997 and the second reading adjourned on
the same day. Subsequently, on 30 October 1997, the Senate referred the
provisions of the Bill to the Senate Economics Legislation Committee for
inquiry and report by 25 November 1997
In requesting that the Bill be
referred to the Committee Senator Conroy indicated that he was concerned that
the Bill contained a controversial new tax regime for infrastructure borrowings
which is considerably more narrow than the scheme it replaced.[1]
The Committee received 8
submissions to its inquiry (see Appendix 1).
Effect of the Bill[2]
The Taxation Laws Amendment Bill
(No. 5) 1997 contains amendments in four major areas as well as dealing with
some minor technical and drafting corrections. The submissions received by the
Committee dealt with only two of those areas.
Infrastructure Borrowings for
Land Transport Facilities
The Bill introduces a new tax
rebate scheme for borrowings on land transport infrastructure projects. This
scheme replaces an earlier infrastructure borrowing tax concession which was
abolished by the Taxation Laws Amendment (Infrastructure Borrowings) Bill 1997.
The previous scheme applied to infrastructure borrowings for land transport,
seaports, electricity generation, air transport, gas pipelines, water supply
and sewerage or waste water facilities. The replacement Land Transport
Infrastructure Rebate contained in this Bill is a more restricted concession
available only for road and rail infrastructure facilities.
The Bill will insert a new
division 396 into the Income Tax Assessment Act 1997. It provides for a tax
rebate at the company tax rate on interest derived by lenders to approved
public road and rail infrastructure projects in the first 5 years of
borrowings.
In outline the legislation
provides that:
- a tax offset calculated at the company tax rate is allowed to a
resident lender for an approved land transport project on the interest derived
from the borrowing in the first 5 years of borrowings;
- transitional provisions allow projects in respect of which an
application had been made under the previous scheme, extensions of projects
previously certified, or projects certified under the previous concession to be
approved,
- Where the lenders interest is subject to a tax offset the
borrower is denied a deduction in respect of a comparable amount of interest.
- a project must be a publicly accessible road or rail infrastructure
facility in Australia;
- a project borrower must make written application to the
Commissioner of Taxation for approval of the project;
- the Minister for Transport and Regional Development may approve
the project and the borrower subject to specified criteria and advice from the
Commissioner of Taxation;
- following approval the borrower and lenders will be required to
enter into an agreement with the Minister specifying the conditions under which
the offset will be allowed;
- the amount of the annual tax offset may be subject to an upper
limit set by the Minister and specified in the agreement; and
- provision is made under the agreement to allow one lender to be
replaced by another.
Sales Tax Amendments - Fraud
Involving Computer Equipment
For some time now serious sales
tax evasion has been occurring with respect to personal computers and related
equipment. The evasion normally involves acquiring computing equipment tax free
by exploiting the current quoting procedures which allow goods to be sold tax free.
The goods are usually sold at artificially reduced prices using invoices which
falsely represent that tax has been properly accounted for. No sales tax is
actually paid but subsequent purchasers often use the invoices to claim refunds
and credits.
Despite a strong enforcement
effort by Government agencies evasion remains at an unacceptably high level.
The Bill implements the Government’s 1996 budget announcement to crack down on
abuse by tightening up the quoting rules and includes a number of other measures
aimed at overcoming the use of fraudulent invoices and similar practices. The
main features of the new scheme are:
- access to tax-free personal computers and related goods (called
Part 7A goods) will be denied to taxpayers who have not established to the
Commissioner of Taxation’s satisfaction that they are likely to fulfil their
obligations under tax law;
- only people who have been accredited by the Commissioner will be
able to quote effectively on Part 7A goods. The quote will also have be authorised;
- it is intended that authorisation will be available over the
phone so that accredited person will be able to continue trading with a minimum
of hindrance;
- accredited purchasers who purchase from unaccredited wholesalers
will be required to withhold an amount equivalent to the tax owing from the
purchase price and forward that to the Commissioner;
- if a person accepts a quote without inquiring into the bona fides
of the quoter, the person may find that the quote has not operated to exempt
the relevant dealing from tax;
- registered people who buy less than $6000 worth of Part 7A goods
in a year tax free will not be required to be accredited;
- the Commissioner will have the power to refuse an application for
a credit if he believes that the tax in respect of which the credit is claimed
has not been paid; and
- if the Commissioner believes that a retailer is aware that tax
has not been paid tax may become payable in respect of the retail sale.
Issues raised in submissions
Infrastructure Borrowings for
Land Transport Facilities
Transitional Provisions
The National Power Group and
Arthur Andersen have suggested that those companies which satisfy the
requirements of the transitional provisions of the Bill should be given
certainty by being included in the legislation. The four projects identified in
the submissions are:
- the Redbank Power Station in the Hunter Valley, New South Wales;
- the Perkeston Power Station at Kalgoolie, Western Australia;
- the Oakey power station in Queensland; and
- a rubbish and sewerage waste co-composting facility at Raymond
Terrace, New South Wales.
In its submission the National
Power Group suggested amending the proposed clause 21 of Schedule 3 of the Bill
to read as follows:
(1) This item applies to an infrastructure facility or a
related facility (within the meaning of section 93L or 93M of the
Development Allowance Authority Act of 1992) if the Prime Minister has
issued, prior to 30 September 1997, a written public commitment that the
particular facility will receive assistance under the Infrastructure Borrowings
(IB) tax rebate, or if:
In its submission the Australian
Taxation Office (A.T.O.) indicated that those four projects do not have to go
through the selection criteria tests, but still need to make formal application
and comply with the general conditions of eligibility.
However, the Minister for
Transport & Regional Development announced on 22 October that the four
projects were covered by the transitional arrangements of the new
Infrastructure Rebate Scheme. The Parliamentary Secretary to the Treasurer
stated on 28 October that those projects will have access to benefits under the
new infrastructure Borrowings Rebate Scheme.
Limits on Rebate
Several submissions commented on
the five year limit on the rebate imposed by section 396-70(4). In its
submission the National Power Group proposed that the five year period should
cover the first five years of income instead of the first five years of
borrowings. Both Arthur Andersen and the Australian Council for Infrastructure
Development have put forward the view that a five year limit is too short.
The Government considers that the
concession should provide the greatest benefit in the early years of a project
developer’s borrowings. The amount of $75 million was set by the Government
because it was considered that anything larger was not affordable in the
present budgetary context.
The Approval Process
A number of submissions have
raised issues relating to the clarity and certainty of various aspect of the
Bill, particularly those dealing with the approval process. The main issues
raised were that:
- the Bill lacks clearly defined selection criteria and will lack
certainty;
- the definition of “lender” used in the Bill will inhibit fund
raising from the retail market;
- it is unclear whether tax offsets will be available where
construction has already commenced;
- the multi-stage nature of the process creates uncertainty; and
- the rebate allocation decisions should be more transparent so the
whole rebate is not captured a few very large projects.
In response the A.T.O. has said
that not all projects are able to benefit because of the criteria contained in
the legislation.. The rebate scheme is based on a merit selection process and
it is inevitable that applicants cannot know their position in advance. The
criteria are designed to allow those projects which provide solid benefits to
the community to be approved.
The A.T.O. also said that the new
scheme is no less transparent than other Government assistance schemes. The
administrative processes used to evaluate applications were chosen following
consultation with industry and State and Commonwealth Government departments.
The staged process of selection draws appropriately on expertise from a variety
of Government departments and agencies, principally the Australian Taxation
Office and the Department of Transport and Regional Development (DoTRD). The
A.T.O. also indicated that the evaluation stages involving the A.T.O. and the
DoTRD will proceed simultaneously to avoid unnecessary delays.
Both Arthur Andersen and the
Australian Council for Infrastructure Development have expressed concern that
the approval process may not allow the benefits of the scheme to be
incorporated in the bid price. As a result they consider that the benefits of
the scheme are more likely to emerge as larger profits for the shareholders
than through lower costs of services for the community.
In response the A.T.O. has said
that the impact of the tax offset on user charges will vary depending on a
number of factors including the agreed level of the offset and the viability of
the project. The evaluation process will take into account the level of flow
through of benefit to the project and in turn the extent of any benefit to the
community.
Financing of Projects and the
Flow of Offset Benefits
In their submissions Arthur
Andersen, the Australian Council for Infrastructure Development, Mallesons
Stephen Jaques and Blake Dawson Waldron have said that they consider the
legislation to be defective because it does not provide for the tax offset
being passed through a trust or partnership so that it can be enjoyed by the
beneficiaries of the trust or the partners of the partnership. They are
concerned that without such a provision the funding options available for projects
will be limited. In its submission Mallesons Stephen Jaques said that:
This puts the commercial banks
in an oligopoly position and means that they will be able to resist passing
through to the borrower, for the benefit of the project, a large portion of the
benefit of the tax offset they receive.[3]
Arthur Andersen have also
proposed that the legislation should contain provisions so that project
developers would not have to negotiate a new agreement with the Minister in
order to refinance their projects.
In its submission the A.T.O. has
said that the Treasurer's Press Release of 13 May 1997 made it clear that there
was no intention that the rebate be tradeable or transferable. The submission
went on to state that transferable tax concessions are difficult to administer
and are generally an easy target for tax planners. Under the previous
infrastructure borrowings concession investment packages were marketed to high
marginal rate investors at the end of the financial year as a means of reducing
tax.
Both the Australian Council for
Infrastructure Development and Mallesons Stephen Jaques have said that issues
arising from Fletcher’s case should be addressed in relation to this
legislation. In Fletcher v Federal Commission of Taxation the High Court threw
into doubt the ability of a taxpayer to obtain a deduction on borrowed funds
where the income generated from the use of those funds was less than the amount
sought to be deducted. The A.T.O. cured this potential anomaly in the earlier
infrastructure borrowings scheme through a combination of the operation of the
old section 159GZZZZF of the Income Tax Assessment Act and Tax Determination
94/80.
In response the A.T.O. has said
that without knowing whether a tax offset will be approved, potential lenders
would generally seek to lend at a rate which provided a reasonable commercial
return on borrowed funds. The extent to which the A.T.O. might accept a
reduction in lending rates where project lenders become eligible for a tax
offset would depend on the facts of each particular case, including risk
levels, the commerciality of transactions and the lender's overall taxation
position.
Review Procedures
Arthur Anderson are concerned
that the lack of review by the AAT leaves applicants without a review on the merits
of the Ministers decision in the event that their application is rejected.
The A.T.O. has responded that the
scheme is not an open ended one. It would be inappropriate for Ministerial
decisions to be able to be overturned and replaced by AAT decisions because
Government control of the revenue cap would then be lost. A review process may
also require that commercial-in-confidence material about approved projects be
made available to other litigants.
Other Issues
Both Arthur Andersen and the
Australian Council for Infrastructure Development have indicated that the
legislation should be expedited so that the assessment of major projects is not
delayed.
Sales Tax Amendments - Fraud
Involving Computer Equipment
The Committee received two
submissions on the amendments to the Sales Tax Assessment Act 1992 contained in
the Bill.
In its submission the Victorian
Computer Industry Association said that “in general terms we strongly support
this legislation and its immediate enactment.” However, they have raised some
concerns relating to the transitional arrangements and the lack of definition
in discretionary matters. The Association’s concerns deal with a range of
issues including:
- the lack of a requirement for documentation of end user sales and
key elements of the documentation of trade sales;
- problems during implementation including the possibility that
those abusing the system will dump stock and destroy the viability of the
honest sector of the industry and that some end users may not be aware of the
effects of the legislation;
- the definition of the affected goods; and
- the accreditation process.
Response from the Australian
Taxation Office
In its submission the Commission
of Taxation said that the proposed amendments will impose some additional
record keeping requirements on some members of the industry, but not beyond
what a prudent business-person would keep in any event. However, the A.T.O.
considers that a requirement to show serial numbers on all invoices, as
suggested by the Victorian Computer Industry Association, would be unduly
onerous, especially for wholesalers.
The A.T.O. has indicated that the
Bill contains provisions which can deal with situations like dumping. The
A.T.O. advises that in the near future, it will be issuing bulletins to publicise
and explain the operation of the provisions and other aspects of the
legislation.
The A.T.O. stated that the
definition of goods affected by the Bill was developed in consultation with the
industry which appears to be satisfied with the definition. The tariff
classifications adopted are widely used in the industry for describing these
types of goods.
In its submission the A.T.O.
acknowledges that there will be costs associated with an application for
accreditation. However, it considers that the benefits of the scheme clearly
outweigh those additional costs. The A.T.O. is trying to minimise the costs and
complexity of the accreditation process through the use of technology and an
education campaign.
The Association has also
expressed concern that a person who is buying goods to on-sell to an exempt
person will generally be unable to buy the goods tax-free. The A.T.O. has said
that it recognises that this could cause difficulties for retailers in some
circumstances. However, it considered it essential to remove this exemption
because it was being so widely abused. In any event, the A.T.O. may agree to a
retailer becoming accredited and retaining the right to buy goods tax-free
Taxation Institute of
Australia
The Taxation Institute of
Australia is deeply concerned that the powers given to the Commissioner of
Taxation by these amendments enable him to destroy any business that deals in
the prescribed goods. The Institute is concerned that:
- the Commissioner can at any time nominate any goods to be covered
without reference to Parliament;
- the Commissioner has unprecedented discretion to determine
accreditation of businesses dealing in those goods; and
- the appeal processes available will not assist businesses as they
will not survive long enough for those processes to be complete.
The institute is also concerned
that:
- the definition of computer components will extend the scope of
the legislation to businesses in the telecommunication, security and fire
detection industries which also use computer components; and
- the coverage of the legislation may also extend to farmers,
manufacturers and miners.
In its submission the Taxation
Institute of Australia has proposed an alternative legislative approach to
address the problem of fraud.
Response from the Australian
Taxation Office
The A.T.O. disagreed with the
suggestion that it can nominate goods to be covered by the legislation at any
time. The A.T.O. stated that the extension of Part 7A goods is only available
through regulations which are capable of disallowance by Parliament.
The A.T.O. also said that the
definition of goods being used is based on the tariff classification; was
developed in consultation with industry; and is well understood by the
industry. The coverage of the proposed Part 7A is specifically designed to be
wide enough to remove all potential avenues of fraud from the sales tax system.
In discussing the accreditation
issue the A.T.O. said that the inclusion of a discretion is designed to enable
the A.T.O. to consider each application on its own facts. The discretion also
allows the A.T.O. to exempt or give less weight to certain criteria if it is
warranted in a particular case. The A.T.O. recognises that accredited people
will take on additional obligations however, once accredited, they will be able
to carry on trading in much the same way that they have done in the past.
In relation to the appeals
process the A.T.O. disagreed with the TIA’s comments pointing out that the
review provisions under clause 91M are similar to other review provisions
contained in other taxation legislation. The A.T.O. has said that it will
endeavour to resolve all disputes in a timely manner and expects that some
disputes may be resolved over the phone or thorough correspondence. Not all
disputes will result in protracted litigation through the judicial system. The
A.T.O. has also indicated that the A.T.O. has legal advice that the review
mechanisms are adequate.
The A.T.O. disagrees with claims
that the new measures will impose undue administrative burdens. The
authorisation system will use current technology such as Interactive Voice
Recognition enabling authorisation to be obtained over the phone. The system
will be similar to that which is used for credit card authorisations.
The A.T.O.’s submission contained
extensive details about its consultation with the industry. The A.T.O. has also
indicated that it is shortly to release public bulletins explaining the
administrative arrangements for the new scheme and that a public education
campaign on the legislation is planned.
SCRUTINY OF BILLS
The Committee notes that the
Senate Standing Committee for the Scrutiny of Bills has drawn attention to item
25 of Schedule 2 of the Bill which provides that the commencing date for
amendments is to be prescribed by regulation.[4]
Recommendation
The Committee recommends that
the bill be passed.
Senator Alan Ferguson
Chairman
Minority Reports
Minority Report by Senators Jacinta Collins and Mark Bishop
Infrastructure Borrowings for
Land Transport Facilities
Labor supports a tax based
incentive for private sector delivery of public infrastructure to overcome
other aspects of the Australian income tax system which tend to weaken the
incentive for the private provision of public infrastructure, and to reduce the
costs of the infrastructure to end users.
The evidence provided to the
Committee has confirmed the Opposition's fears about the inadequacy of the
proposed new infrastructure borrowings (IB) tax offset (rebate). These
inadequacies include:
- the limitation of
eligibility under the IB program to land transport facilities;
- there
is no coherent policy reason to limit the scope of the IB program to land
transport infrastructure. Other infrastructure projects which are vital to
regional development, including energy and water projects, are now ineligible
for IB assistance under the program;
- the design of the rebate approval process means that the
benefits attaching to the rebate are more likely to be captured by the
infrastructure providers' shareholders rather than be reflected in lower
tariffs to end users of the infrastructure. Delays in approval will mean that
the benefit flowing from the IB program will not be available to be
incorporated into bids made when the infrastructure project is being tendered
for (Submission No 4 - Arthur Anderson and Submission No 5 - AusCID)
- in
addition, evidence was also provided by Mallesons Stephen Jacques (Submission
No6) that the requirement in the legislation that lenders must enter into an
agreement with the Minister may effectively limit the potential lenders under
the new IB arrangements to an oligopoly of the major commercial banks. This,
in turn, will mean that much of the tax benefit of the IB scheme will be able
to be retained by the lenders and will therefore not be passed back to the
project providers further disadvantaging the actual users of the
infrastructure;
- that bona fide lenders
who use borrowed monies to finance the infrastructure borrowings may be
penalised relative to the situation under Labor's IB system
- this
issue was specifically addressed in Labor's legislation (former section
159GZZZZF of the Income Tax Assessment Act 1936 provided certainty for
lenders) whereas this bill is silent on the issue leading to uncertainty in the
investment community;
- the maximum limit of the
first five years of borrowings for availability of the tax rebate is a
significant reduction on the fifteen years available under the former IB program.
This will tend to favour projects with shorter construction periods over those
with longer construction periods
- AusCID
(Submission No 5) also makes the point that many infrastructure projects take
at least three or four years to construct and that the five year limit will
mean that the effective benefit available during the critical operations phase
of a project will be reduced greatly;
- the level of funding
attached to the rebate is significantly less than provided by Labor and
is inadequate to provide a significant boost to the private infrastructure sector
- AusCID's
submission makes the point that a few major projects - for example the Sydney
to Canberra fast train proposal - could capture all of the available rebate
- this
would mean that all other land transport projects already identified,
particularly in regional Australia, could be unfairly excluded due to the lack
of transparency in the new approval process; and
- the four transitional
projects which were retrospectively denied certification under the former IB
program have still not been granted certain access to the new IB arrangements,
a point confirmed in the Australian Taxation Office's submission to the
Committee
- despite
announcements by the Prime Minister and the Minister for Transport and Regional
Development, certainty can only be guaranteed by a specific provision in the
bill.
AusCID has also raised a further
issue in its supplementary submission relating to the lack of priority granted
to this bill in the Government's legislative program. The delay in passage of
the legislation until at least March 1998 means that bids for the available tax
rebates will be delayed until at least April 1998 which in the opinion of
AusCID means that "it is most unlikely that any new infrastructure
projects can be assessed before the end of the current financial year."
Clearly, the legislation is
manifestly deficient in a number of aspects and will provide significantly less
benefit to the private infrastructure sector than the previous scheme.
Labor considers that this
legislation has been deliberately designed to minimise the appeal of the
private provision of infrastructure despite the fact that the IB scheme merely
compensates for taxation disincentives that otherwise apply to most private
infrastructure investments.
Recommendation
That the Government amend the
bill to take into account the serious flaws identified in the submissions
provided to the Committee.
In particular, the restriction of
eligibility to land transport projects is poor policy which simply involves the
Government providing favouritism to one sector of the infrastructure industry
whilst ignoring the significant contribution to economic development,
especially regional development, which can accompany projects in the energy and
water sectors.
Sales Tax Provisions: Fraud
Involving Computer Equipment
The Opposition members do not
dissent from the Majority Report recommending that the provisions concerning
Schedule 2 of the Bill. We do, however, make three observations regarding the
provisions.
First, while noting the criticism
of the Taxation Institute of Australia that the extension of the anti-fraud
regime to other industries will not be specifically referred to the Parliament
for decision, we accept the point made in the Taxation Office's submission,
namely that although such an extension is to be made by regulation, that
regulation will be disallowable by the Parliament. So the appropriate check of
final Parliamentary approval has been retained whilst allowing for swift action
to be taken by the Government should the need arise.
Any insistence by the Senate that
the extension of the anti-fraud provisions be referred to Parliament for
approval will necessarily significantly delay such extension, thereby assisting
continued fraud to take place until passage of the relevant bill.
Secondly, the undue delay that
this legislation has experienced in coming before the Parliament is of
considerable concern to Opposition members. The decision to legislate to
address the fraud in the computer industry, and thereby to both protect the
revenue and to protect the honest taxpayers in the industry who are
commercially affected by the conduct of fraud, was announced in August 1996 as
part of the 1996-97 Budget.
This Bill was not introduced into
the House of Representatives until October 23 1997 (some 14 months later) and
was promptly passed with Opposition support on 28 October 1997.
Some industry participants have
expressed dismay that the delay of the Government in formulating the
legislation will mean that this legislation will not become law until March
1998 thereby allowing the fraudulent practices to continue through the peak
Christmas retailing period. This is simply further evidence of the
Government's lack of concern for the honest business community and shows a very
poor set of legislative priorities.
The third item that the
Opposition members wish to raise is the question of the solution that the
Government has chosen in implementing these important anti-fraud measures. In
evaluating what would be the optimal solution to this issue, the Government
specifically examined adopting a GST style multi-stage indirect tax option.
That is, imposing sales tax on all transactions down the production and
distribution chain and allowing a credit for the earlier tax paid.
Importantly, this Bill does not
impose such a GST style system but rather modifies the existing quotation
system currently applying. The reason that a no-exemption system, such as
applies under a GST, was rejected is that the business community affected would
not accept the additional cost of compliance that such a system would involve.
So here is an example, contrary
to the repeated assertions of the Treasurer, of where the true costs of a GST
style tax have been examined by business and has been rejected as it would lead
to unacceptable cost and paperwork.
Recommendation
The provisions of Schedule 2
should be passed without amendment.
Senator Jacinta Collins
Australian Labor Party |
Senator Bishop
Australian Labor Party |
Minority Report by Senator Andrew Murray
Senator Andrew Murray : Australian Democrats
The Democrats reserve the bulk of their comments on this
Bill until the legislation is debated in the Senate. This short statement is
intended to give an indication of our ‘in principle’ position.
In principle, the Democrats support the crackdown on sales
tax avoidance in respect of computer software. This has been a very difficult
area for some time and we will attend closely to any comments and suggested
amendments, in the Committee of the Whole.
In relation to the infrastructure borrowing concession, the
Democrats continue to oppose the granting of any concessions in respect of road
transport. There is simply no economic case for tax incentives to encourage
investment in road, a point very firmly stated in the 1995 Private
Infrastructure Taskforce Report by EPAC.
There is, however, a much better case which can be made out
in respect of rail transport. It may be necessary to provide tax subsidies to
improve the viability of investment in rail, and, subject to more detailed
analysis of the economic costs and the benefits of the proposed tax measure,
the Democrats provide in principle support to extending infrastructure
borrowing concessions to rail. It should be noted however, that the EPAC
report found that direct public investment in infrastructure was more cost
effective than public subsidies through tax concessions.
We are somewhat disappointed that this Bill is being
presented at a time when Federal Government financing of national rail
infrastructure is still not being delivered. Despite Government assurances of
having entered a new era, the Australian rail industry remains hampered by a
lack of infrastructure investment, and a playing field markedly tilted in
favour of road.
The Coalition Federal Government promised to revive rail and
to provide $161 million to upgrade the interstate line, but failed to deliver.
They have now said they will up this commitment by a further $75 million, to
$250 million over four years. But as yet, no money has been forthcoming, as
these funds only become available on 1 July 1998. (providing plenty of time for
the Government to renege, or to change or defer its decision.)
Such promised funding is a step in the right direction, but
is still insufficient to bring rail even near parity with road, or to correct
rail’s severe infrastructure defects. The corridor from Adelaide to Melbourne,
through to Sydney and on to Brisbane, is substandard and in desperate need of
substantial upgrading.
Senator Andrew Murray
November 1997
Appendices -
Appendix 1: List of Submissions
No. Name
- Victorian Computer Industry Association
- National Power Australasia Inc.
- Taxation Institute of Australia
- Arthur Andersen
- Australian Council for Infrastructure
Development Limited
5a. Australian Council for Infrastructure
Development Limited
- Malleson Stephen Jaques
- Blake Dawson Waldron
- Commissioner of Taxation
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