The Times Australia
Fisher and Paykel Appliances
The Times World News

.

Making NZ's tax system fairer is a good idea – but this proposed new law isn't the answer

  • Written by Jonathan Barrett, Associate Professor in Commercial Law and Taxation, Te Herenga Waka — Victoria University of Wellington
Making NZ's tax system fairer is a good idea – but this proposed new law isn't the answer

It’s no secret that Revenue Minister David Parker has long been interested in tax reform[1] in New Zealand. In 2022, he announced plans for legislation requiring future tax policy changes to be measured against a set of tax principles, notably fairness.

The Taxation Principles Reporting Bill[2], just released for public submissions, is the result of Parker’s ambition. But while it is reasonable to support a tax system that is fairer than the current system, I believe the bill is confusing, unnecessary and pointless.

Unlike the Tax Working Group[3], which clearly and adequately stated tax principles that most people could understand, the bill introduces highly technical ideas that could exclude ordinary people from the debate.

The bill also attempts to tie the hands of future governments by legislating principles that are not accepted across the political spectrum.

My main concern, then, is that the bill appears to close down democratic debate about taxation by claiming certain viewpoints are universally accepted. Secondly, the tax principles, as they are stated, are vague and poorly explained.

Horizontal equity

The bill introduces the concept of “horizontal equity” and defines this as meaning “people with similar levels of income should pay similar amounts of tax”.

But a more accurate way to explain horizontal equity would be to say “people who are in similar situations should be treated similarly”.

For instance, tax systems often view people with young children as being in a different situation from people with adult or no children. The Working for Families[4] (WFF) programme is an example of such a distinction based on a political value judgment.

Read more: New Zealand's tax system is under the spotlight (again). What needs to change to make it fair?[5]

The principle of horizontal equity as outlined in the bill is incompatible with the Income Tax Act because people with similar levels of income won’t pay similar levels of tax due to programmes like WFF.

If the principle of horizontal equity needs to be stated, it should be that “taxpayers in similar circumstances should pay a similar amount of tax”.

Revenue Minister David Parker has long been interested in making changes to the New Zealand tax system. Hagen Hopkin/Getty Images

Time and money

There is also no concept of income that everyone accepts. A standard tax textbook distinguishes between legal, accounting and economic conceptions of income.

According to the bill, “the time value of money matters when considering horizontal equity”. I presume the authors of the bill mean that some will get a tax benefit by deferring their tax liability when others with a similar income can’t.

But the phrasing in the bill makes it difficult to understand. A set of principles that affect everyone should be understandable by as many people as possible.

Read more: Why a proposed capital gains tax could mean tax cuts for most New Zealanders[6]

The bill also introduces the phrase “economic income”, but again a clear definition isn’t included.

The bill’s authors then appear to endorse a particular conception of comprehensive income – that is, the increase in economic capacity during the tax assessment period.

Understood broadly, this conception of income not only includes increases in wealth that a taxpayer hasn’t received (unrealised gains), but also capital gains and capital transfers. But New Zealand doesn’t currently tax capital gains or capital transfers.

This means there would be a significant gap between the ideas set down in the principles and how most people think of income.

Vertical equity

The bill also states: “The tax system should be progressive. Tax is progressive if people with higher levels of economic income pay a higher proportion of that income in tax.” This is in line with the principle of “vertical equity”, which requires people in different circumstances to be treated differently.

It is not uncommon for countries to lock in the ability to pay tax, which traditionally includes both horizontal and vertical equity, within their constitutions. But the bill is not a constitutional document and represents the opinion of one government – and perhaps just one minister – at a particular point in time.

Read more: Forget a capital gains tax – what New Zealand needs is a tax on inherited wealth[7]

Using the word “economic” in the explanation of vertical equity is unnecessary. The OECD[8] defines progression as meaning “an increasing proportion of income must be paid in tax as the income increases”.

The inclusion of “economic” in this context could be seen as an attempt to neutralise debate about a particular theory of income that isn’t universally accepted.

The bill doesn’t solve our tax problems

The bill then states: “A progressive tax system does not mean that every tax should be progressive (e.g. GST is regressive) but the overall system ought to be.”

This is a reasonable and pragmatic approach to including GST in the tax mix. But the following sentence is problematic: “In practice, wealthy people should at the very least pay no lower a rate of tax on their economic income than middle-income New Zealanders already do.”

Why “in practice” and not in principle? The income of so-called “middle-income New Zealanders” is most likely fully taxed under the current provisions of the Income Tax Act.

Certainly, some wealthy people may engage in arrangements to reduce their income tax liabilities. But most don’t pay “enough” tax because successive governments have lacked the courage to tax capital gains, wealth, and gifts and inheritances.

The Tax Principles Reporting Bill does nothing to remedy this.

Read more https://theconversation.com/making-nzs-tax-system-fairer-is-a-good-idea-but-this-proposed-new-law-isnt-the-answer-206745

Times Magazine

Home batteries now four times the size as new installers enter the market

Australians are investing in larger home battery set ups than ever before with data showing the ...

Q&A with Freya Alexander – the young artist transforming co-working spaces into creative galleries

As the current Artist in Residence at Hub Australia, Freya Alexander is bringing colour and creativi...

This Christmas, Give the Navman Gift That Never Stops Giving – Safety

Protect your loved one’s drives with a Navman Dash Cam.  This Christmas don’t just give – prote...

Yoto now available in Kmart and The Memo, bringing screen-free storytelling to Australian families

Yoto, the kids’ audio platform inspiring creativity and imagination around the world, has launched i...

Kool Car Hire

Turn Your Four-Wheeled Showstopper into Profit (and Stardom) Have you ever found yourself stand...

EV ‘charging deserts’ in regional Australia are slowing the shift to clean transport

If you live in a big city, finding a charger for your electric vehicle (EV) isn’t hard. But driv...

The Times Features

Anthony Albanese Probably Won’t Lead Labor Into the Next Federal Election — So Who Will?

As Australia edges closer to the next federal election, a quiet but unmistakable shift is rippli...

Top doctors tip into AI medtech capital raise a second time as Aussie start up expands globally

Medow Health AI, an Australian start up developing AI native tools for specialist doctors to  auto...

Record-breaking prize home draw offers Aussies a shot at luxury living

With home ownership slipping out of reach for many Australians, a growing number are snapping up...

Andrew Hastie is one of the few Liberal figures who clearly wants to lead his party

He’s said so himself in a podcast appearance earlier this year, stressing that he has “a desire ...

5 Ways to Protect an Aircraft

Keeping aircraft safe from environmental damage and operational hazards isn't just good practice...

Are mental health issues genetic? New research identifies brain cells linked to depression

Scientists from McGill University and the Douglas Institute recently published new research find...

What do we know about climate change? How do we know it? And where are we headed?

The 2025 United Nations Climate Change Conference (sometimes referred to as COP30) is taking pla...

The Industry That Forgot About Women - Until Now

For years, women in trades have started their days pulling on uniforms made for someone else. Th...

Q&A with Freya Alexander – the young artist transforming co-working spaces into creative galleries

As the current Artist in Residence at Hub Australia, Freya Alexander is bringing colour and creativi...