1. How is the current tax administration in the Turks and Caicos Islands structured, and what challenges or limitations have you observed in its ability to ensure compliance and effective revenue collection?
Function-based Organizational Model
-functional areas – 1. Taxpayer Services and Business Licenses-
2. Audit and Investigations
3. Compliance and Collection
4. Administration
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Challenges:
· Weak legislative framework
· Lack of target programmes via segmentation into different groups
➢ Poor IT infrastructure
➢ Core functions understaffed
➢ No HQ function – to provide strategic guidance
➢ Ineffective audit, compliance, registration functions.
➢ Taxpayers’ registration database has integrity issue- updating /data cleansing
· No non-filers programmes to manage filing compliance of tax returns
· Key taxpayers are not prioritize using risk models or risk assessements
· Certain revenue streams are not monitor and management as per best practices
2. Based on your experience, what are
the primary factors that influence taxpayer compliance or non-compliance in the Turks and Caicos Islands?
Organizational Enhancement: The organizational structure needs strengthening. To attract and recruit skilled and competent staff. Align to a segmentation model and to harmonize the tax ordinances.
• Workforce Development: Additional staff and new skill sets are required.
• System Deployment: A new Tax Administration Information System (TAIS) should be deployed. Simplifying the tax filing process by introducing an online filing and payment facility. Procurement of a modern tax administration system (in process) to bolster tax administration, voluntary compliance and service delivery. Ongoing staff training and institutional capacity building
• Process Automation: Most core business processes should be automated. Add value to ease of doing business. Reduce long lines. Offer online services for registration and payments of taxes. Easy accessibility to information for taxpayers and stakeholders.
• Legislative Framework: The legislative framework must be reinforced, including the enactment of tax administration ordinance. Review and updating of tax laws to eliminate loopholes and prescribe stricter penalties and enforcement mechanisms.
3. To what extent has technology been integrated into tax administration processes (e.g., filing, payment, enforcement), and how has this affected compliance rates and revenue performance? Limited technology has been used. It is done excel as department has outdated tax software where numerous system modules are non-functional or not being use. Payment and filing information are entered into excel and monitor in excel. Presently upgrades are being undertaken to the tax software so that these processes can be automated. The tax department does not collect tax remittances/payments. These are collected by Treasury dept and then information is provide tax department who enter the information into sitgas(tax software). The revenue performance remains stable and buoyant surpassing projections on a yearly basis. This is due to the majority of taxes are being paid by few large taxpayers in tourism sector given everything revolves around tourism. Further, there is a direct correlation of tourist arrivals to increase in revenues.
Compliance rate/filing compliance has been decreasing over the years especially for dominant revenue streams. One reason is because it is manually done, it lacks accuracy in calculations. Another reason because we have a dated system, which does not automatically interface with treasury then tax accounts are not updated in a time efficient manner.
4. How adequate is the current legislative and policy framework in supporting efficient tax administration and compliance enforcement? What reforms, if any, do you believe are needed or may be underway?
Weak Legislation is a Major Hurdle in Tax Collection. A significant obstacle to effective tax collection is the weak legislative framework, which restricts the enforcement powers of the tax administration. Currently, there are no administrative penalties for offenses other than non-payment or late payment; thus, most violations are only subject to summary conviction proceedings. This inadequate legislative structure complicates efforts to ensure compliance among all taxpayers. Enforcement and recovery tools, such as seizure or garnishment, are not effectively utilized, and the court proceedings are notably slow and often ineffective.
Weak legal framework has restricted the effectiveness of IRD’s registration process. For example, there are no provisions for enforced registration nor administrative penalties for failure to register.
The following reforms are being carried out by the department
· The introduction of the TAPA will strengthen the legal framework of the tax administration and address issues noted in paragraph 56. Given the fragmented nature of the IRD revenue streams, each governed by its own legislation, TAPA will serve as overarching legislation that effectively harmonizes tax administration practices. This introduction will provide tax authorities with the opportunity to review the current penalty structure, including administrative penalties. The TAPA should offer additional enforcement and recovery tools and facilitate the publication of rulings. Furthermore, it should be utilized to establish a three-tier dispute resolution process, which includes an independent objection unit within the IRD, ensuring that taxpayers’ rights are upheld.
· A comprehensive review of the core tax legislation may still be necessary. It is recommended that this review addresses any grey areas and other shortcomings within the existing legal framework
5. How would you describe the capacity and training of staff within the Tax and Revenue Department in managing compliance and enforcing collection? What areas need strengthening?
The IRD currently faces several challenges that impede effective auditing and compliance enforcement. Prolonged audit durations strain limited resources and delay the timely identification of compliance issues. Delays in receiving critical information from third parties further hinder comprehensive audits, increasing the risk of oversight. Moreover, insufficient data analytical skills among auditors restrict their capacity to effectively detect and resolve issues.
Additionally, a weak compliance culture, coupled with insufficient enforcement mechanisms, contributes to a high incidence of non-compliance. Challenges such as taxpayers refusing to present records complicate audit procedures, while the lack of unique taxpayer identification numbers complicates accurate tracking of individuals.. Poor data capture from tax returns reduces the ability to monitor compliance effectively. Staffing shortages disrupt audit continuity, and the lack of standardized operating procedures results in inconsistent audit practices. These issues are further compounded by a weak legislative framework and restricted access to taxpayer information, all of which undermine audit efficiency. Also some staff lack the compliance and legislative training to perform duty.
Recommendations
To address these challenges, the following strategic recommendations are proposed. Streamlining audit processes by setting clear timelines and utilizing technology for real-time tracking will improve efficiency. Strengthening interdepartmental information sharing through Memorandums of Understanding (MOUs) and integrated databases will enhance collaboration and data accessibility. Furthermore, targeted training programs to build auditors’ data analytical skills will equip them to perform audits more effectively.
Additional recommendations include establishing a robust compliance enforcement framework with regular monitoring to ensure adherence. Mandating the submission of records and conducting public awareness campaigns will help foster greater taxpayer compliance. The introduction of unique taxpayer identification numbers will improve individual tracking. Conducting regular audits of the car rental sector will reduce potential revenue losses. Enhancing data management systems and addressing staffing gaps through workforce analysis and targeted recruitment will strengthen audit capacity. Finally, developing and annually reviewing Standard Operating Procedures, alongside reinforcing the legislative framework through active stakeholder engagement, will create a more supportive environment for audits. Improving data access systems will further streamline audit processes and enhance compliance monitoring
6. Given the unique context of the Turks and Caicos Islands, which type of tax administration model do you believe would
best enhance compliance and
revenue collection, and why?
-Segment-based organizational structure
Some reasons
1. Large taxpayer segment- this will help with prioritizing resources
2. Medium taxpayer segment
3. Small taxpayer segment
4. It allows for streamlining and ultimate greater effectiveness. Segmentation provides for taxpayers and employees to know which group they fall in and priority measures in place
5. Clear accountabilities for units and functions particularly where the units are not full service and some functional based activities are performed by other units in the tax department
6. Established planning processes that allow work to be agreed on and prioritized on a regular basis
7. Reporting and monitoring unit i.e Headquarter(HQ), This unit will focus on key policies implementation and regular performance reporting by segment
8. Allow for robust complance risk management programme
We welcome any other information, and supporting documentation that you wish to share