Chapter 9
Chapter 9
Contents
9.0 Aims and Objectives
9.1. Introduction
9.2. Laws and Regulations
9.3. Tax Payers Registration
9.4. Presumptive Taxation
9.4.1. Standard Assessment
9.4.2. Withholding Taxes
9.4.3. Presumptive Minimum Taxes
9.5. Tax Collection
9.6. Computerization
9.7. Tax Payers Education
9.8. Penalties
9.9. Tax Accounting Principles
9.10. Developments in Government Revenue
9.11. Summary
9.12. Answer to Check Your Progress Exercise
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9.1 INTRODUCTION
In order to mobilize more domestic revenue and rationalize the tax system, thoughtful
attention is given to improve tax polices and laws. In other words, previous reforms
undertaken in the tax system were mainly focused on policy reforms or targeted in reviewing
the tax rates. Little attention was given to the administration wing of the tax system, however.
It is worth mentioning theta change tax policy and law without and improved tax
administration will be a futile exercise. Thus modern tax administration is the key to effective
tax system.
The major objectives of the tax administration reform strategy should be to improve the
effectiveness and efficiency of tax operations, to change the behavior of the taxpayer, and to
raise the compliance level of the general tax payer population.
It is obvious that the ultimate goal of and tax administration is promoting tax collection. The
economic efficiency gains obtained from the various reforms undertaken are equally
important. Improvement in the tax administration is not a one-time measure, is rather a
continuous effort. An effective tax administration is reform effort requires strong and dutiful
commitment of all stakeholders. In these regard the governments political commitment should
be clearly seen and guide the reform. This could be expressed in the form of ensuring the
rapid approval of tax legislation and regulation. Thus the active support of the executive body
of the government, the civil society and media is significantly important for the effectiveness
of the reforms. More importantly public information and public relations campaigns
informing taxpayers of the new procedures, as well as involving in the enforcement activities
if the taxpayer fail to comply with the tax laws is critically essential.
By and large to be successful and effective in tax administration reforms the following six
factors are considered very essential
An explicit and sustained political commitment,
A team of capable, hard working officials dedicated full-time to tax
administration reform,
Relevant training for staff,
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Additional resources to the tax administration or at least some reallocation of
existing resources,
Chants in incentives for bathe taxpayers and tax administrators.(Vito Tanzi and
Anthony Pellucid)
Can quickly identify stop filers, it can reduce the probability that large tax debts well
accumulate. The third gap 9s the difference between the tax reporter as due and the tax actual
paid. This gap corresponds to deli pent taxpayers. The fourth gap is the difference between the
full tax liability that taxpayers should pay and the tax actually reported by the taxpayer. This
gap correspondence to evaders. The following section wills adders how the ongoing reform
on tax administration attempts to minimize such gaps, as they are common to all tax
administration.
For the presence of good and efficient tax administration plays significant role. Thus
inefficiency in the tax a administration can be originated from the prevailing tax laws and
regulations. The tax laws are expected to be clear originated from the prevailing tax laws and
regulations. The tax laws are expected to be clear and simple. When the tax laws are
differently interpreted between the administration and the payers it creates in centime for
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litigation. Excessively high penalties for delinquent taxpayers could encourage for collusion,
while very low penalties fail to enforce properly.
The current income tax law dating back to 1961 and supplemented by numerous amen dents,
has become complex to administer, and confusing for the taxpaying community to
understand. Apart from these shortcomings the tax law fails to give proper power to the
collecting institutions repaired for enforcement i.e. the tax administrating authorities do not
have the necessary enforcement powers to collect tax administrating authorities do not have
the necessary e3nforcement powers to collect tax delinquents to tax institution for tax fraud. It
fails to give them proper power to enforce tax delinquents top at act institutions. More over it
doesn't reflect the current bosons and investment environment since it exists for the lasts 50
years without radical improvements. In this commission it in corporate narrow definition or
income and as a result its definition of income limited to in come originated in Ethiopia and
sources such as foreign income are.
Excluded the prevailing depreciation allowance also does not consider the new fast changing
technologies such as computers and it does not provide any allowances to cover the costs of
extraction of minerals and other geographical resources. The law is also silent with regard to
scientific research and environment consideration. Therefore, the legislation requires in
mediate revision to reflect the current tax, business and investment environment.
In order to alleviate the problems, codification of the income tax law into a single text and
integrating the various legal documents, as well as modernizing and incorporating new
concepts and procedures are being exercised at large. In effect it is anticipated the new and
comprehensive legal framework, which is compatible with the current national and
international development, will be on board by the current fiscal year.
In any tax system identifying and registering actual and potential taxpayers is a primary
function unless, the tax office has reliable and easily identifiable taxpayers registration
system, tax assessment and collection will be difficult.
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Thus, the use of taxpayer’s identification number to identify taxpayers is a first step in the
management of tax collection. The TIN system provides the foundation for the tax
administration to independently identify taxpayers, control evasion, and create a dependable
database for efficient and affective tax collection.
Moreover, it is expected that the use of a unique taxpayer registration number will enable the
tax collectors to strengthen their capabilities in identifying every person whose income is
subject to tax, and those who deliberately understate declarations or fail to disclose income
The Ethiopian tax administration, however, lacks such very important instrument.
Accordingly current tax-collecting institutions both at federal and regional level have no
proper and clear taxpayers registration they even are unable to recognize the total number of
taxpayers in their office. Thus introducing proper and technologically backed unique
taxpayers identification number would facilitate better tax collection.
To that effect the government issued proclamation no 227/2001which marked the introduction
of tax identification number the tax system, the proclamation obliged any taxpayer to have a
tax identification number (TIN) according the proclamation any person or organization
looking for a license to carry on a business occupation is required to supply the TIN to the
licensing authority in this case all public bodies and institutions issuing a business or
occupational license is not allowed to issue or renew such license unless the taxpayer has
supplied the TIN.
To realize the systems, the Government committed to finance the project and signed and
agreement with an international company. The project envisaged the development of the long-
term strategy to computerize the operation of the federal, regional, and city administrations
and the development of the required financial information systems.
Presumptive taxation provides the instruments to broaden the tax base and raise more revenue
that fail to declare or understate income. It is an important tool to collect revenue particularly
from the hard to tax sector including the large informal sector. This is due to the fact that it
involves the use of simplified and cost effective techniques to capture domestic transactions
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and sources of income that frequently escape taxation under conventional norms. It is
recognized that presumptive taxation provides a tool to combat limited record keeping by the
business community, considerable tax evasion, limited tax compliance and weak tax
administration capacity.
The most common presumptive taxation methods include, standard assessment, estimated
assessments, presumptive minimum taxes, presumptive import axes, with holding tax schemes
and license fees, (Ethiopia Documents on Tax Administration and Policy Reforms)
To incorporate such systems the undergoing tax administration reform considers the following
presumptive schemes.
Self- assessment is when the tax ix computer and declared by the taxpayer, and when the tax
office through audit and investigation determines the tax it is called official assessment. In
order to assess taxable income based on actual income and expenses of business, the taxpayer
is required to produce proper records and accounts, which show balance sheet and profit and
loss statement in accordance with generally, accepted account in principles.
Taxpayers with small volume of business are not usually obliged to maintain books of
account the assessment of their taxable income is based on their self-declaration and the tax
office investigation. Tax offices apply presumptive assessment to decide the taxable income
such practices are usually discretionary and involve subjective judgment.
To improve tax assessment of taxpayers who don’t have books of account standard
presumptive assessment is recommended standard presumptive assessment is assumed to have
the advantages of broadening the tax base, limited disincentive effect and to be more equitable
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than estimated assessment and is less open to corruption in effect presumptive taxation is a
proxy for an income tax and doesn’t necessarily reflects the actual income of taxpayers.
Administratively it reduces collusion and cost. It is also beneficial in countries where
accounting illiteracy is widespread. Presumptive taxes generally take the form of a tax on
average or nominal income
To abandon the current estimated assessment and pave the way for introducing standard
assessment proclamation no 227/2001 put specific articles. It is clearly stated that beginning
fiscal year of 2002/03 a standard assessment method will be applied to determine the income
tax liability of category “c” taxpayers. The proclamation stipulates that the standard
assessment would be fixed amount of tax, which will be determined by a regulation of the
council of ministers. More over up to its implementation the law incorporates a transitional
tax computation rule. Under the transition rule a category “c” taxpayer will be liable to pay
the amount of tax due for the preceding tax due for the preceding tax year, adjusted upward
by a coefficient of 6 percent.
To put in place a well functioning and productive standard assessment scheme, therefore, it is
essential to conduct a statistical survey that generates strong database. To that end, the tax
administration reform program is envisaged to conduct taxpayers’ survey. The survey is
assumed to categorize business activities based on collected data and set sandaled profit
margins for each category and within each category.
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tax on the earning of their employees. On top of promoting compliance, the system shifts the
responsibility from the person or organization which the incidence if falling to another agent.
This has also a direct effect to efficiency and effectiveness. By way of shifting the tax
administration’s monitoring responsibilities from a large number of individual taxpayers to a
much smaller number of employers, thus achieving a more efficient focusing of
administrative resources. (vito tanzi and Anthony pellechio 1995)
Under the prevailing tax system in Ethiopia, withholding tax system is in practice in the
payroll, interest income, dividend and chance winning. To expand the system recently
proclamation No,227/2001 introduced withholding taxes on import and local transactions.
According to this proclamation an importer is obliged to pay 5 percent income tax at the time
of importing goods for commercial use. The tax is treated as tax withheld that is creditable
against the taxpayer’s income tax liability for goods results in underpayment of business
income tax due for the year, as determine at the time of declaration of income tax, the tax
payer is required to pay the difference with the declaration. Conversely, if the amount
represents an overpayment of income tax due for the year, the tax authority shall forth with
refund the taxpayer the amount overpaid.
Likewise, withholding tax on income tax on payments is also promulgated by the same
proclamation. The proclamation obliged the following agents to withheld 5 percent income
tax on payments made persons within categories specified n regulations to be issued by the
council of ministers. These are
Category “A” taxpayers,
Government agencies
Private nonprofit institutions
Non governmental organizations
The withholding agents are required to transfer to the government the amount required to be
withheld on payments made during the month, on the last day of each month. For the proper
implementation of the proclamation, the council of ministers issued a regulation to provide for
the application of tax withholding scheme. The regulation primarily identified taxpayers,
which the withholding scheme is applied. It listed 10 service categories, which liable for the
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scheme is applied. With respect to goods, a single transaction involving more than birr 10,000
is subject to the withholding scheme.
Virtually, the scheme has the revenue potential and relative ease in administration. However,
since its application is restricted to large business, unlike the withholding taxes, it does not
address the hard to tax groups pr those taxpayers who understate or under declare income, nor
maintain adequate books and accounts.
Tax collection is the ultimate goal of tax administration. Revenue accounting, enforcement
and receivable management are important aspects of tax collection. Unless the assessed tax is
properly and timely collected the entire tax administration exercise would be futile.
In a country where a prevalence of huge informal sector, mainly consisting of small and
medium size firms, professionals and farmers is significant tax collection mechanism is
essential. Introducing withholding tax system is one of the most efficient techniques for
improving collection.
In our tax system both at federal and regional tax accounting and collection is made manually.
Accordingly it is not possible for the administration to identify and takes timely action on the
taxpayers who are delinquent in paying taxes. At present the tax administration lacks the
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required accounting and receivable management due to weak technical and personal support.
There is no any investigation mechanism to address tax fraud and evasion.
9.6 COMPUTERIZATION
As it has been mentioned repeatedly, tax collection is not functioning properly without an
effective and efficient tax administration. To that end, a well-designed computer system is an
important tool of tax administration naturally computerization is useful to improve efficiency
and reduce cost in the current information technology age, computers and their wide spread
application allow tax collectors to provide efficient, timely and accurate services. Computers
application is equally important to save taxpayers time and promote tax equity.
However, such benefits of computers are not easily accessible to developing countries. Due to
high costs associated with purchasing of hard and soft water and shortage of computer
technicians and personal hinders developing countries to enjoy the advantage of computers.
Generally speaking computers do not support the Ethiopian tax administration. The only
computerized tax collection system currently functional is the customs ASYCUDA. The
introduction of ASYCUDA, a computerized customs entry processing system helps facilitate
the revenue collection procedures through improve control, faster clearance of imports, and
providing reliable data for the purpose of valuation and tax assessment.
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No computerized system is operational in the management of income taxation which is the
most difficult to administer. All revenue accounting is done manually, on ledger cards and
there is no master fill of taxpayers, or lists of delinquent tax filers. As a result taxpayers are
not identified in a timely manner and routine management information is not available. At any
rate, it is imperative to introduce computerization In taxpayer’s identification, tax assessment
and collection mechanisms.
To begin with the installation of taxpayers identification number (TIN) will not be practical
with out computer net working. Computerization in the TIN system is essential to provide
updated lists of registered taxpayers to various tax offices at federal and regional level.
In order to reduce the reliance on foreign trade and build strong domestic indirect taxes the
introduction of VAT in the tax system is recommended and appreciated by the government.
Its implementation will not be feasible, without automation.
Computerization is essential to change the manual ledger system to ensure better management
of the taxpayers’ accounts. It helps the ledgers to update instantly with information on
assessment, refunds, interest, penalties and other forms of adjustment.
More over tax offices are expected to develop programs to inform the business community of
the requirements to make declaration, they based for the declarations and the penalty
provisions for non-compliance. The program could utilize information pamphlets to be made
available at key locations and public gatherings such as post offices trade licensing bureaus,
chamber of commerce, and media.
Given the importance of taxpayer’s education in the tax system the attention given in this
regard is very marginal so far. The resource devoted to promote such essential aspects of the
tax administration is almost non- existence. Taxpayers awareness hwy where and when they
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pay taxes is very poor. The ongoing tax reform program, therefore, put emphasis to enhance
tax offices capacity in this area.
9.8 PENALTIES
For Non-declaration: Taxpayers who do not declare taxable income within the period
specified in the regulation will be liable to pay Birr 1000 for the first 30 days of non-
declaration. The penalty is Birr 2000 for the next 30 days of non-m declaration. Birr 1500 will
be charged for each 30 days for failure to declare the taxable income thereafter.
For late payment: When a taxpayer fails to pay tax within the due date, he/she will be
required to pay a penalty of 5% of the amount unpaid. An additional 2% penalty on the
amount unpaid is imposed on the first days of each month for non-payment.
For failure to keep records: Failure to keep books of accounts, records and other documents
by any taxp0ayer results in a penalty of 20% of the tax assessed. If this failure continues for
two consecutive years, the license of the taxpayer will be suspended. One more year’s failure
leads the tax authority to revoke the license of the taxpayer.
For failure to withhold: A withholding agent, who fails to withhold tax per the
proclamation, will be personally liable to pay tax (which has not been withheld). In addition,
this failure obliges the agent to pay Birr 1000 per case. The following individuals are also
liable in this regard.
The manger who knew or should have known of the failure. The chief accountant or a senior
officer who was responsible for the supervision of the withholding activities.
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For failure to supply TIN: The agent, from a person who doesn’t supply TIN, should
withhold 30% of the payment. The taxpayer, who has not supplied TIN, is also liable to pay
lower of Birr 5000 or the amount of payment
Interest: Taxpayers who do not pay tax within the due date are obliged to pay interest for the
amount unpaid for the periods of non-payment. The interest rate for this purpose is 25% more
than the highest interest rate in the preceding quarter. The same procedure will be followed
for cases where a refund (if any) of tax is not made by the Tax Authority within 90 days of
having satisfied with the tax declaration.
Methods of Accounting
Subject to the proclamation for the purposes of ascertaining a person’s income accruing or
derived during a tax period, the timing, inclusions and deductions shall be made in accordance
with the generally accepted accounting principles. Unless the Tax office prescribes otherwise
in particular case, a tax payer must account for tax purposes on a cash or accrual basis A
company must account for tax purposes on an accrual basis.
A person may apply in writing for a change of accounting method and the tax office may, by
notice in writing, may approve the application if it considers the change necessary to clearly
reflect that person’s income. If a person’s accounting method is changed, proper adjustments
to items of income, deduction or credit must be made in the tax period following the change.
B. Accrual-Basis Accounting
With this method of accounting amounts are recognized as income when they are receivable
and expenses are recognized when they are payable. An amount is receivable when a person
becomes entitled to receive it, even if payment is postponed or the entitlement is payable by
installments. On the other hand, an amount is treated as payable when all the events that
determine liabilities have occurred and the amount can be determined with reasonable
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accuracy, but not before economic performance with respect to that amount occurs economic
performance occurs: -
■ With respect to the acquisition of services or property, at the time the services or
properties are provided;
■ With respect to use of property, at the time the property is used; or
■ In any other case, at the time that person makes payment in full settlement of the
liabilities
A deduction for an expense incurred on a service or other benefit, which extends beyond 12
months including cost of lease of land shall be allowed proportionately over the tax periods to
which the service or benefit relates. When a taxpayer using cash basis of accounting, later
refunds an amount received or recovers expanse paid, an adjustment shall be made to that
person’s income in the tax period in which the refund or recovery occurs.
A person accounting for tax purpose on accrual basis later cease to claim the right to receive
an amount or to claim an obligation to pay the expense, an appropriate adjustment must be
made to that person’s income of the tax period during which that person ceases to make the
claim.
The percentage of completion is determined by comparing the total costs allocated to the
contract and incurred before the end of the tax period with the estimated total contract costs
including any variations or fluctuation. Where, during the tax period a long term contract is
completed, a person carrying on the business incurs a loss or has an unrelieved loss available
for carrying forward attributable to the long term contract, the Tax Authority may allow the
loss to be carried back to preceding tax periods, and deducted from income of a tax period as
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far as the loss is not in excess of deductible expenses for the period a loss incurred is
attributable to a long –term contract to the extent that deductions exceed income.
As it been stated repeatedly the aforementioned tax reform measures were taken to minimize
the nature of tax distortion, promote as well as foreign investment, improve equity and
efficiency. More importantly all are aimed to enhance revenue collection capacity both at
regional and federal level. In this regard, the area of reform in broadening the tax base and
improving tax administration are assumed to result in higher revenue than its previous level.
Traditionally the level of tax revenue in a country is judged in terms of the ratio of taxes to
some measure of national product. Thus the following table depicts developments in tax over
GDP performance exhibited in the past decade.
Table 4
Government revenue performance
(In percent of GDP)
1990/91 1991/92 1992/93 1993/94 1994/95 1995/96 1996/97 1997/98 1998/99 1999/00
Direct taxes 4.33 3.19 2.76 3.34 3.87 4.62 4.59 4.15 4.15 4.50
Domestic indirect tax 3.95 2.57 2.79 2.94 2.79 3.05 3.11 2.62 2.49 2.78
Foreign trade taxes 2.42 2.02 2.71 4.58 4.79 4.78 5.22 4.93 4.91 5.17
Total tax revenue 10.7 7.78 8.26 10.86 11.45 12.45 12.92 11.70 11.54 12.45
Non tax revenue 3.4 2.84 4.52 3.04 6.00 5.59 6.09 6.88 8.83 7.03
Total go revenue 14.10 10.62 12.79 13.9 17.45 18.04 19.01 18.58 20.38 19.48
Tax revenue in the past decade averaged 11 percent of GDP, which is far below compared to
internationally recognized average performance of 20-25 percent. Its performance also varies
from year to year, yet it showed significant improvements following the tax reform measures
taken since 1995. as a result it peaked to 13 percent in 1996/97 compared to 8 percent of
The healthier feature of the revenue performance however reversed in fiscal year 1997/98 due
to the aftermath of the border conflict accordingly tax over GDP ratio dropped to 11.7 percent
immediately but showed slight improvements to 12.5 percent in 1999/00
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To respond the revenue needs during the war years the government tends to non –tax revenue.
Hence non-tax revenue performance increased to 9 percent of total revenue in 1998/99 from 3
percent in 1993/94. by and large, during the past decade on top of exhibiting ups and downs,
tax revenue of the government tilted to indirect taxes, particularly to foreign trade taxes.
domestic indirect taxes, which emanated from the production and consumption of domestic
goods and services decelerated. This could be either from low demand and supply of domestic
goods and services or poor domestic tax administration. Further more the role of non-tax
revenue significantly increased but unable to sustain.
In view of the current globalization treat depending on foreign trade taxes is not feasible. It is
important therefore to mobilize more revenue from domestic consumption taxes. Recent
developments in revenue collection, however, attested that the revenue emanated from
domestic indirect taxes depicted declining trend.
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6. Describe the two methods of accounting for tax purpose.
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9.11 SUMMARY
Tax administration reform includes the proper registration of taxpayers, assessing taxable
income and timely collecting of the assessed tax. An efficient and proper tax administration
requires the prevalence of clear and transparent rules and regulations. Tax laws and
regulations should minimize discretionary powers of tax collectors but give sufficient
enforcement power to them.
This requires periodic inventory and revision of all existing rules and regulations. The
presence of an efficient and modern tax revenue collecting institutions equipped with capable
employees and mew technology is equally important.
Despite considerable achievements in reducing tax and tariff rates, rationalizing domestic
sales and excise taxes, the revenue mobilization effort needs further actions both in policy and
administrative aspects.
By and large, government’s ability to carry out its on going expenditure programs in
infrastructure and social sector depends on the level of domestic financial resources, largely
expected to flows from its tax system. Nevertheless, Ethiopia’s revenue performance over the
past decade has been ole, when compared to other developing countries. The tax revenue
GDP ratio, which had peaked at 13 percent in 1996/97 fell to 11.7 and 11.5 percent in the
following two years. Although it showed slight improvements in 1999/2000 and reached to
12.6 percent, it remained low compared to the rationally accepted level of developing
countries ration, which is 20-25 percent.
Compared to other countries in Africa, income tax rates are still high. Various tax studies also
advised the elimination of differentials existing between maximum rates across taxpayers. In
the tax system, import duties still contribute significant portion of tax revenue nevertheless,
the current globalization agenda demands the need to liberalize trade policy. This entails
further reduction on duty rates.
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In reforming the tax structure shifting the dependence of foreign trade tax to taxation of
domestic transaction seems urgent. More specifically taxing consumption than production is
highly advisable, since they do not affect the efficiency of domestic production. In this regard,
VAT could be one of the envisaged candidates. It is acknowledged to reduce tax distortions,
encourage investment by allowing input credits, broaden the tax base and ultimately raised the
revenue potential. Nevertheless, VAT requires the existence of developed accounting and
documentation systems with in the business community.
It is true that manpower matters are always marginalized as compared to the attention given to
improve systems and procedures. For the success of the tax reform effort tax policy and
administration staff should be strengthen. It is recognized that the current structure and
number of staff both in the tax policy and collection institutions are not fully equipped in
terms of competency and equipment. It is therefore very essential to prop up the necessary
capacity in order to provide the required services in all aspects. Similarly the capacity of tax
offices to conduct taxpayer recruitment and taxpayer’s education is neither well organized nor
sufficiently equipped. In this connection, the tax offices are expected to strengthen so as to
properly publicize the tax administration’s efforts and inform the taxpayers to accomplish
their duties and responsibilities.
The importance of simplifying the tax system is highly appreciated. In this regard it is
recommended that tax law, regulation and procedures, forms and related information to be
easily accessible and available.
Improving tax policy and administration is a complex, long-term endeavor. Since it requires
significant level of financial and human resource it is beyond the internal capacity in order t
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yield results. Thus, the ongoing reform particularly the tax administration part demands
significant intervention from the international community. Thus looking for technical and
financial assistance from the government side and showing to support the effort by the
international community is mandatory.
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