If governments are serious about transforming the public sector, parliaments 
are going to have to stop throwing dead cats, like Scott Morrison’s new 
overseas GST bill, over the wall. They create a spaghetti of bespoke business 
rules that need more bureaucrats, not less, to maintain.

By Tom Burton  .. 
http://www.themandarin.com.au/75536-tom-burton-no-dead-cats-please



Yet another dead cat is about to be thrown over the wall.

One of the most frustrating parts of being a public servant is when a minister 
and the parliament decide to handball a tricky political problem to the 
bureaucracy to fix. The fix inevitably needs a complicated regulatory patchover 
and painful execution and resourcing issues to sort out.

The poster child example in recent times was when then-communications minister 
Stephen Conroy decided Australia needed to filter the internet to protect us 
against baddies and pornographers. Whatever the virtue of the idea, the 
complexity of systems and compliance processes that would have been needed to 
come up with anything near effective was nightmarish.

In regulator land this is known as the dead cat option, and this week we have a 
live example with Treasurer Scott Morrison introducing a bill to remove the GST 
concession for low value goods bought offshore.

The big local retailers led by Gerry Harvey have been pushing for years to 
close down the concession, claiming they want a level playing field with 
overseas retailers.

A concession has existed for decades for goods worth less than $1000, as an 
administrative device to save Customs (now Border Force) the cost of having to 
collect duty and GST on low value transactions. These transactions were 
typically one off purchases by returning travellers — cameras, portable 
electronic devices and perfumes.

With the cost of collection for goods under $1000 typically more than the 
revenue to be gained the concession was a neat (and popular) fix.

Along comes the internet and with it the huge rise in offshore online purchases 
— much of it driven by the inexplicable, significantly higher cost of buying 
exactly the same goods locally.

For many years the Canberra econocrats resisted changing the concession, 
arguing it was helping competition in Australia’s notoriously oligopolistic 
retail sector.

It was also noted that no major economy seeks to collect revenue on small value 
transactions, because of the complexity of collecting and enforcing value-add 
taxes in external markets.

The cost of collection has slowly been coming down and is now estimated at 
around $60 a transaction. This means that, given a GST of 10%, the government 
will actually lose money on transactions of less than $600. The average value 
of internet purchases is estimated to be around $100, but the mode, or most 
frequent purchase, is around $10. For millennials, buying overseas online is 
second nature. In my own house a tiny parcel, usually containing an obscure 
piece of micro computing, arrives every other day.

It was this math that recently prompted the US to actually lift the de minimis 
level from $200 to $800.

But in Australia, Harvey and the big retailers finally convinced then-treasurer 
Joe Hockey and the states to go the other way.

The measure was announced in last year’s May election budget and yesterday the 
ever-assertive Treasurer Scott Morrison proudly introduced the bill. It 
requires all offshore retailers and/or their re-deliverers who sell anything to 
an Australian to register for GST and to remit it to the ATO.

The measure will raise $130 million a year once underway. Morrison claimed it 
as a world first. He’s right, no country, even with the encouragement of the 
OECD, has tried to levy a GST on foreign retailers of goods by registering 
those businesses in their tax system.

For a government that wants to reduce bureaucracy, the bill is a red tape 
nightmare, with 31 pages of impenetrable amendments. If the devil is in the 
detail it will defy any intelligent parliamentary scrutiny. Bring back John 
Faulkner, a senator who got across the detail at forensic level.

The bill seeks to target the big e-commerce platforms — Amazon, eBay and the 
looming monster of them all, the Chinese Alibaba. How willing they will be to 
reprogram their business systems and accounting processes to collect sales tax 
for the Australian government is to be seen.

In the case of eBay it will be particularly problematic. eBay is an on line 
bazaar, linking buyers and sellers, but is not a payment platform. Each 
retailer collects direct from the buyer, which means a Lahore-based online shop 
selling phone charging cords for $8 will need to register with the Australian 
Tax Office and send through the 80 cents when ever they sell to an Aussie. Good 
luck with that one.

If they sell through eBay it will be eBay’s responsibility to identify who the 
end consumer is in Australia, calculate the tax payable, remit the tax to the 
ATO and presumably collect that amount from the online shop. I doubt eBay wants 
to be a tax collector for 100 governments so I think some lucky lobbyist is 
about to get real busy.

If the retailer sells less than $75,000 a year to Australians they will be 
exempt from the GST, as are Australian retailers, but not if the sale occurs 
through the e-commerce platform. How all of that is to be tracked and enforced 
is anyone’s guess.

And good luck to the comptroller of customs, whose agency will be vetting these 
goods as they stream into the country.

A true dead cat.

The world will be watching Australia’s move. Don’t be surprised if they are 
saying if Australia can collect sales tax off their retailers, we will too.

This means the many Australian online retailers targeting offshore markets 
could quickly find themselves also being required to register and pay sales tax 
to a myriad of jurisdictions. Good times for the local accountants.

Many of the complexities and high costs of public administration come from 
having to string together schemes like this. Over time even more complexity and 
cost are typically laid into the system, supported by a web of IT and other 
bureaucratic processes.

As a result, much of government is riddled with back office complexity. This is 
the elephant in the room as government seeks to transform its services into 
fast, easy to use and intelligent services. Efficiently.

The cost of maintaining this spaghetti of bespoke business rules is huge. 
Witness the one billion dollar price tag to modernise the welfare payment 
platform.

If governments are serious about transforming the public sector to be relevant 
in the digital era, then parliaments are going to have to stop throwing dead 
cats, like Morrison’s overseas GST bill, over the wall.


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