Taxing motor vehicle ownership is fundamentally flawed

By MUNGAI KIHANYA

The Sunday Nation

Nairobi,

26 May 2024

 

The Finance Bill 2024 has been formally published and the public invited to make comments by Tuesday 28 May. One the highly contested proposals in this bill is the introduction of an annual Motor Vehicle Tax (MVT). It is to be calculated at the rate of 2.5 per cent of the value of the vehicle every year.

This new tax is fundamentally flawed. It is alright to charge a levy on property or a licence fee, but not a tax. Though it is not clear to most people, there are distinct differences between fees, levies and taxes charged by government.

A fee is charged for a service rendered to the specific individual paying it and it based on the cost of that service. For example, the fee for acquiring an identity card or a passport. Levies are collected from a specific sector of the economy and they are meant for development of that sector. For example, the railway development levy charged on imported goods.

Taxes are charged on everyone and are collected every time money changes hands – when it is earned and when it is spent. For example, income tax and value added tax. Money from taxes is spent on common services that are not specific to any individual or any sector.

It is therefore fundamentally wrong to charge a tax in a situation where money isn’t changing hands. Imagine if the government decided to collect tax on the money that you have in your savings account. If you have Sh100,000, it takes Sh2,500. Would that be acceptable? Of course not! It is the same with MVT!

Indeed, even the tithe paid by Christians is not calculated on the basis of wealth or property owned. It is based on earnings – profits, harvests etc. So, what should be an alternative to MVT? I would propose that the tax be charged only when a vehicle is transferred from one owner to another.

Something similar to the 4 per cent stamp duty tax that is charged on land transfers. We can retain the same rate for motor vehicles. This makes more sense that the current proposal to charge vehicle ownership.

But if we take that route, which valuation should be used in the calculation? I think the best and fairest value is the insured value of the vehicle. The logistics of how this information is shared between insurance companies and the revenue authority can be worked out easily.

 
     
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