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TAXATION IN
LATIN AMERICA
Reform and Challenges in
Times of Uncertainty
EDITED BY
JORGE ATRIA
CONSTANTIN GROLL
MARIA FERNANDA VALDÉS
Series Editors
Juan Pablo Luna
Pontificia Universidad Católica de Chile
Macul, Chile
Andreas E. Feldmann
University of Illinois at Chicago
Chicago, Illinois, USA
Rodrigo Mardones Z.
Pontificia Universidad Católica de Chile
Macul, Chile
Latin American Political Economy publishes new, relevant, and e mpirically-
grounded scholarship that deepens our understanding of contemporary
Latin American political economy and contributes to the formulation and
evaluation of new theories that are both context-sensitive and subject to
broader comparisons. Inspired by the need to provide new analytical
perspectives for understanding the massive social, political, and economic
transformations underway in Latin America, the series is directed at
researchers and practitioners interested in resurrecting political economy
as a primary research area in the developing world. In thematic terms, the
series seeks to promote vital debate on the interactions between economic,
political, and social processes; it is especially concerned with how findings
may further our understanding of development models, the socio-political
institutions that sustain them, and the practical problems they confront.
In methodological terms, the series showcases cross-disciplinary research
that is empirically rich and sensitive to context and that leads to new
forms of description, concept formation, causal inference, and theoretical
innovation. The series editors welcome submissions that address patterns
of democratic politics, dependency and development, state formation and the
rule of law, inequality and identity, and global linkages. The series editors
and advisory board members belong to Red para el Estudio de la Economía
Política de América Latina (REPAL) (http://redeconomiapoliticaamlat.
com/). Advisory Board Ben Ross Schneider Andrew Schrank
Rethinking Taxation
in Latin America
Reform and Challenges in Times of Uncertainty
Editors
Jorge Atria Constantin Groll
Pontificia Universidad Católica Freie Universität Berlin
de Chile Berlin, Germany
Macul, Chile
v
vi Preface
The editors are grateful for the financial and organizational support of the
desigualdades.net network at Freie Universität Berlin.
vii
Contents
ix
x Contents
Index259
List of Contributors
xi
xii List of Contributors
governments secure contributions from key social groups and what they
do with the money tells a story about the nature of national political com-
munities—who is in, who is out, and who will enjoy what benefits of
membership. He has taught at the University of Sussex, Tulane, and cur-
rently teaches at the University of Denver.
Maria Fernanda Valdés is a consultant in the area of inequality and is a
coordinator of tax issues for the Friedrich Ebert Stiftung in Colombia in
particular and Latin America in general. She has been a researcher for the
Colombian Ministry of Health, for the network “desiguALdades.net” at
Freie Universität Berlin in Germany, and for the Deutsche Gesellschaft für
Internationale Zusammenarbeit in Germany. She holds a PhD in econom-
ics from the Freie Universität Berlin and is the author of the book Reducing
Inequality in Latin America. The Role of Tax Policy.
List of Figures
xv
List of Tables
xvii
CHAPTER 1
Jorge Atria, Constantin Groll,
and Maria Fernanda Valdés
1 Introduction1
Taxation is a highly studied subject in Latin America. However, even after
all the research conducted, all analyses and policy advices given, despite
numerous international advisory missions dedicated to tax systems over-
haul, and several tax reforms undertaken in the last few decades, many of
the central problems and weaknesses of Latin American tax systems
remain unaltered. Tax systems in the region lack to ensure market effi-
ciency, secure macroeconomic stabilization, or enhance equality via redis-
tribution, the three basic functions generally assigned to fiscal policy
(Musgrave 1959). Even after more than a decade of economic bonanza
J. Atria (*)
Pontificia Universidad Católica de Chile (Chile) & Centre for Social
Conflict and Cohesion Studies (COES), Santiago, Chile
C. Groll
Freie Universität Berlin, Berlin, Germany
M.F. Valdés
Friedrich Ebert Stiftung, Bogotá, Colombia
and rising state income, thanks to the global commodity boom, today it
seems more plausible than ever that taxation is the Achilles heel of Latin
American democracies.
Not only the evaluation of the progress and continuities in Latin
American tax systems is mixed, but also the outlook for positive changes
in the future is doubtful. In fact, tax policy in Latin America is facing a
moment of uncertainty as important changes in economic, political, and
social conditions are taking place that affect the region. At a global level,
Latin American countries face decreasing prices of their most important
export products, mainly commodities, unpredictable policy changes by
the new US government and a resurgent global protectionism. At the
domestic level, the economic slowdown rises social demands and political
polarization in a moment in which new ruling coalitions have taken over
in several countries.
Uncertainty not only describes the political and economic contexts of
the region, which one could argue is not all too new given Latin America’s
troubled history, it also describes the crisis of the research on taxation and
the questioning of the grand paradigms of tax policy. While in the 1990s
most governments in Latin America responded to slow economic growth
with liberal tax reforms, during the years of the commodity boom govern-
ments relied on a pragmatic adaption of their tax systems, taking advan-
tage of the upward commodity cycle but relinquishing structural reform.
Many countries in the region adjusted the taxation of extractive sectors
taking advantage of windfall profits, broadened tax bases, or modified tax
rates. If equity enhancing tax reforms were introduced, their overall effect
was marginal or their existence temporary. Now, as the economic super
cycle has come to an end and fiscal imbalances are on the rise, pressure for
structural tax reforms increases. Still, if such reforms resemble those estab-
lished in the 1990s or take a proequity stance, as wished by many observ-
ers (Bárcena & Kacef, 2011; Corbacho, Cibils, & Lora, 2013) is uncertain.
Current major reforms, such as in Ecuador and Colombia in 2016, which
increased value added tax (VAT) rates by 2 or 3 percentage points, how-
ever, may glimpse some patterns.
This book contends that the causes that impede the overcoming of
persistent and recognized challenges of Latin American tax systems have
to be understood more thoughtfully. The perspective of how taxation is
studied must be adjusted before tax policy can actually change for good.
For this, a new approach to studying taxation is necessary, which is useful
not only for understanding the complexity of taxation but also for leading
to recommendations and changes.
INTRODUCTION: TAXATION IN TIMES OF UNCERTAINTY IN LATIN AMERICA 3
This book offers this approach, emphasizing that tax analysis has to take
three neglected dimensions into account: the relational, the historical, and
the transnational dimensions of taxation. Applying these dimensions, as
the chapters in this book do, can provide vital results to confront the
social, political, and economic challenges of taxation in Latin America in
times of uncertainty. Following this approach, the chapters in this book
investigate diverse key topics in taxation, addressing singular or compara-
tive country case studies and providing desired answers to uncover the real
and persistent causes of the limitations in regional tax regimes.
Before describing the relational, transnational, and historical dimen-
sions of taxation and their value for tax analysis, the shortcomings of the
prevailing research on taxation are revised and the need for a new approach
to taxation is clarified. Finally, the seven contributions included in the
book as well as their significance for the three dimensions of this book’s
perspective are presented.
17
16
15
14
13
12
11
10
9
Fig. 1.1 Latin American tax collection as share of GDP, central government,
1960–2014
Source: Own elaboration on the basis of data by Morán & Pecho (2016: Annex),
LAC 18
During the 1990s, taxation in Latin America was very much influenced
by the policy paradigm set by the Washington Consensus and the propaga-
tion of financial crises experienced at the end of the 1980s. In this third
period “liberal tax reforms” (Cornia, Gómez Sabaini, & Martorano, 2014)
set out to strengthen VAT, reduce or eliminate taxes on international trade,
decrease rates in income taxes, and broaden tax bases. However, also new
“heterodox” taxes were created, such as the tax on financial transactions or
simplified regimes for small businesses (González, 2009), and the political
independence of tax administrations was strengthened and modernized, all
with the aim to increase the much needed revenue to face recurring finan-
cial crises and global inertia. Despite these changes, the rise in tax collec-
tion was modest and only increased by 1.44 percentage points on average
(from 11.77% of GDP in 1990 to 13.21 in 2002), too low to satisfy social
demands or stimulate long-term growth.
Only in this long-term perspective the changes in tax collection in the
ultimate period can be fully appreciated. Average tax collection rose from
2002 to the end of the economic boom in 2014 3 percentage points, from
13.2% to 16.2% of GDP. Only in the 1960s Latin America had seen such
a rise in revenue collection, although starting from a much lower level.
Certainly, as many scholars have pointed out (Gómez Sabaini, Jiménez, &
Martner Fanta, 2017; Valdes, 2016), the magnitude and the length of the
expansive economic cycle, principally caused by exceptionally favorable
global economic conditions with peaking commodity prices and high and
stable international demand for Latin American export products, explain a
great part of these extraordinary positive dynamics.
In the boom period, progress in taxation was made principally in the
levels of tax collection, although important differences still remain among
Latin American countries. For example, countries like Argentina, Bolivia,
and Brazil collected more than 25% of GDP in 2014, while other countries
like Guatemala (10.66), Mexíco (10.60), and Panama (16.5) collected
much less revenue (Morán & Pecho, 2016). Still the positive tendency in
revenue can be observed in the vast majority of countries in the region. But
not only was the rise in the tax take positive, also the structure of revenues
got more equilibrated by augmenting the revenue share from direct taxes
at the expense of indirect taxes. Although this trend is not present in every
country, in the Latin American average the share of direct taxes (taxes on
income, payroll taxes, and property taxes) on total revenue collection rose
from 26.0% in 2000 to 31.4% in 2013, overwhelmingly driven by the rise
6 J. ATRIA ET AL.
in corporate income tax (IDB, CIAT, ECLAC, & OECD, 2015, 2017).
Finally, the professionalization of tax agencies, which already started in the
1990s continued and enhanced: such modernization included the imple-
mentation of new technology, the increase in expertise of the personnel,
more cooperation between national tax agencies in the region, and higher
efficiency in enforcement and control (Corbacho et al., 2013; Diaz Yubero
et al., 2013).
Nevertheless, albeit these positive changes in the last period, most Latin
American tax systems continue to collect too little, remain inefficient, and
problems of evasion and avoidance are rife (CEPAL, 2015). In addition,
the effect of taxes on income redistribution is weak, and, together with
limited social spending, the fiscal policy has little influence to reduce
income inequality (OECD, 2009).
In terms of collection, comparing with the OECD countries Latin
American tax regimes are still below their potential. On average Latin
American countries collect 11.43 percentage points less revenue than its
OECD counterparts (22.84–34.27) in 2015 (OECD et al., 2017).3 In
fact, following OECD data, Cuba is the only country in the region that
collects more revenue than the OECD average.
In spite of the already mentioned differences among Latin American
countries in the level of taxation, a common feature is that low tax collec-
tion is frequently coupled with a strong reliance on fiscal revenues from
commodity production. Tax and non-tax revenues from the hydrocarbon
and mining sectors combined still constitute more than one third of the
total revenue in the period from 2010 to 2015 in Bolivia (33.1%), Ecuador
(38.2%), Venezuela (39.3%), and Mexíco (33.7%) and around one sixth of
the revenue in Chile (13.8), Colombia (13.3%), and Péru (13.3%) (OECD
et al., 2017).
The reliance on commodity related fiscal revenue has intensified in the
boom period as most countries have taken significant steps to legally absorb
parts of the windfall profits of resource extracting companies, renegotiating
contracts, licenses, establishing additional non-tax and tax fees, or even
nationalizing extractive companies. A high reliance on tax revenues from
extractive industries does not only pose a threat to a country’s internal
regional disparities and ask for effective and efficient regional distributional
mechanisms, but it also exposes the country to the volatility of global
commodity prices (see Gómez Sabaini, Kacef and Morán in this volume).
In fact, nowadays in the wake of sharply decreasing international com-
modity prices and a reduction of global demand, such non-tax revenues are
INTRODUCTION: TAXATION IN TIMES OF UNCERTAINTY IN LATIN AMERICA 7
standard measuring tax noncompliance exists in the region and only a few
countries (Mexíco, Chile, and Uruguay) regularly publish data on the
issue (Gómez Sabaini & Morán, 2016). However, the challenge of tax
noncompliance is even worse where it matters the most. In “hard to col-
lect” direct taxes, such as the personal or corporate income tax, the reve-
nue potential of these taxes, already making a relatively low contribution
to overall collection in the region, is further diminished by evasion rates
higher than 30%. Even countries that are said to possess a solid institu-
tional capacity and have low tax evasion in VAT like Chile (12% in 2008)
loose more than 45% of income tax via evasion (Gómez Sabaini & Jiménez,
2012).
Yet evasion is not only noteworthy for the loss in revenue but also
because it depicts a broken fiscal contract and the negative effects of the
distributive potential of tax systems. High evasion rates show that in Latin
America a major share of taxpayers, especially in the top income groups,
deflect a higher tax burden and resist taxation (Atria, 2014; Bogliaccini &
Luna, 2016; Gaisbauer, Schweiger, & Sedmak, 2013; Torgler, 2005).
Together with already low contribution of direct taxes, low taxes on
mobile capital, volatile tax bases, and high rates of tax expenditure, Latin
American tax systems are far from providing fiscal sustainability.
and the legitimacy of the state (Grimson & Roig, 2011; Martin, Mehrotra,
& Prasad, 2009), while conflicts about taxation embody not only interests
but particular moral positions regarding the distribution of rights and
duties within the society (Murphy & Nagel, 2002). Thus, in current times
of uncertainty it is necessary to understand the social, historical, and politi-
cal contexts in which tax policy occurs, before it can be explained and pol-
icy advice given.
to control tax planning and enforce tax avoidance, among others, may
uncover subtle mechanisms of inequality reproduction. Such features
influence the concentration of income among high-income taxpayers,
either favoring intergenerational transmission of wealth, facilitating tax
flight, or showing different priorities in terms of enforcement. Times of
uncertainty can constitute “critical junctures” and provoke institutional
changes in which these features are discussed and put in question.
4.2
The Historical Dimension of Taxation
Like other institutional configurations tax regimes have histories, as have
the social struggles that gave rise to them. In fact, historical patterns as
well as critical junctures are important to understand contemporary Latin
American tax systems. Historical constants play an important part in the
development of tax regimes but also in their ongoing dynamics, such as
the influence of natural resources dependence (Biehl & Vera, 2014;
Dunning, 2008), certain government structures, or the historically rooted
gap between elites and the rest of the society (Sokoloff & Zolt, 2007). All
of this may explain the common characteristics of Latin American tax
systems.
However, comparable historical processes do not necessarily lead to
similar outcomes. For example, although there is a general tendency that
tax levels rise with economic development (Wagners law), this process is
far from being evolutionary. Tax systems are not a function of moderniza-
tion (see in contrast Burgess & Stern (1993, p. 774f)), but may differ
considerably between countries with the same level of economic develop-
ment (Steinmo, 1993). Such differences may have historical explanations.
For example, in the case of European states, wars and belligerent rivalry
constitute critical junctures of both the rise of the modern nation state and
taxation, as “war, state apparatus, taxation, and borrowing advanced in
tight cadence” (Tilly, 1985, p. 180). In contrast, in the case of Latin
America, access to foreign credit provided an easily available alternative for
states elites to access finance without increasing taxation during war times
(Centeno, 2002) and may explain the poor levels of revenue collection in
the emerging Latin American countries in the eighteenth and early nine-
teenth centuries.
In addition, in the past, solutions to economic calamities have been
very different among countries and in different time periods. Still, these
crisis reactions may explain a great part of the peculiarities of Latin
INTRODUCTION: TAXATION IN TIMES OF UNCERTAINTY IN LATIN AMERICA 17
American tax systems (Di John, 2006), as tax reforms are a likely policy
reaction in times of uncertainty. So far, research was mostly centered on a
neo-institutionalist theoretical approach to explain the outcomes of tax
reforms in the region (Fairfield, 2015; Focanti, Hallerberg, & Scartascini,
2016; Mahon Jr, Bergman, & Arnson, 2015; von Schiller, 2016). Future
studies should not only go beyond these issues and treat topics such as
public discourses, global tax advice, or the interaction between taxation
and specific international legal regimes to tackle wider issues of legitimacy
and resistance of tax reforms in the region, but should also take history
into account providing, for example via diachronic comparisons, new
insights into the political economy of tax reforms.
Exploring the historical dimension of taxation is especially useful in
times of uncertainty. Moments of uncertainty are likely periods of tax
reforms, which in the region have failed to achieve a fair and adequate
taxation, contribute to equality, and the safeguarding of a minimal level of
well-being for all the citizens. The current moment of uncertainty may
share common characteristics—such as devaluation, depressed capital
inflows, weak or negative economic growth, increasing fiscal deficits,
growing social and political unrest, and rising unemployment—with past
crises such as those in the 1980s but particularly those at the end of the
1990s, but the fiscal space, thanks to lower levels of debt, is greater. Tax
policy responses to this moment of uncertainty thus are likely to be differ-
ent, but the political economy aspects behind reform results have to be
understood to provide guidelines for the future. It is precisely by recog-
nizing similarities and differences between different historical moments
how a historical approach provides insights of what to expect and which
are the challenges that lie ahead in terms of taxes in the region. In addi-
tion, taking history into account enables us to observe the causes and
consequences of the longue durée of “chronic under-taxation”—in partic-
ular of the elite—in Latin American countries.
exports gained special significance during the last decade. Driven by the
commodity boom Latin American economies have experienced a “reprima-
rización,” meaning that the commodity sector has gained increasing impor-
tance for the entire economy.
Most commodity exporting countries were able to take advantage of
the unique combination of high prices and persistent international demand
in the form of increased economic growth. Frequently, commodity export-
ing countries reformed their tax instruments for extractive sectors exploit-
ing the extraordinary profits caused by the price boom in commodities
(Altamonte & Sanchez, 2016). As prices of commodities are falling and
international demand dwindling, the interdependence of Latin American
economies with the global economy become more evident again. Volatility
of demand and prices are thus a key factor to understand the composition
and dynamics of tax system in these countries. Future research should
therefore further explore the effect of volatility and uncertainty, caused by
global economic changes.
The chapters in this book respond to the call to explore taxation within
this new perspective. Although each of them examines a different tax issue
either in a country case or in a comparative perspective, they have in com-
mon that each of them responds and operationalizes at least one of the
three dimensions of taxation exposed above. Apart from their specific
research results, they provide insights that help to better understand cru-
cial aspects of tax systems in the region and overcome the existing chal-
lenges in times of uncertainty.
Two chapters in this volume are increasingly relevant for the explora-
tion of the historical and relational dimensions of taxation. In the com-
parative study of Brazil and Argentina, Ryan Saylor explores the historical
and transnational roots of the weak tax institutions in the region. Situated
in the period after the War of the Triple Alliance, he can show that govern-
ments were unable to impose sustainable tax systems in both the countries
due to the dominant influence of indebted elites in domestic politics. As
these groups could take economic advantage of monetary depreciation
and inflation and rejected higher taxation, they obstructed the construc-
tion of a sustainable tax system. By stating his argument, Saylor not only
makes a contribution to the puzzle of the failed war and taxation link in
Latin America (Centeno, 2002; Tilly, 1985), he also highlights how the
20 J. ATRIA ET AL.
of the principal export commodities. In their chapter, they show how vola-
tility can affect fiscal policy in general and taxation in a particular way.
Focusing on countries that share a high dependence on nonrenewable
resources, such as hydrocarbons or minerals, they offer an evaluation of
the tax instruments applied to the extractive sector and show that although
most countries made progress in adapting tax instruments to the price
boom in the last decade challenges to fiscal sustainability continue to exist.
Taxation is conditioned as well as it conditions social relations within a
society. This principal idea behind the relational dimension of taxation
offers possibilities to include topics in the analysis of taxation, which have
remained outside the mainstream. The chapter by Rodríguez Enríquez
and Águila is a good example for this. Building on the contributions of
feminist economics (Waring, 1990), they explore the gender bias of taxa-
tion in Argentina. Their analysis shows that, although progress has been
made in Argentina in the last decade to increase revenue collection and to
avoid explicit gender disadvantage in tax legislation, as for example present
in some European countries, taxation has implicitly, via the regressivity of
taxation and high levels of income inequality, a gender bias disfavoring
women. Their observations deserve attention because they contribute to a
recently emerging research field (Grown & Valodia, 2010; McCaffery,
2008). They are also important as they help to comprehend taxation as a
factor that penetrates and perpetuates social inequalities.
The chapter by Castañeda offers a complementary perspective of the
relational dimension of taxation, focusing on the influence of organized
social groups. In this chapter the author shows that understanding the
influence of organized capital in tax policy making is decisive to explain tax
policy outcomes in Colombia. Similar to the findings of related studies in
this area (Castañeda, 2017; Fairfield, 2010; Schneider, 2012; von Schiller,
2016), this contribution highlights that even if tax reforms are likely, given
the conditions of the political system, the outcome of tax reforms is highly
dependent on mostly informal and direct influence of organized business.
This influence explains why progressivity and efficiency in taxation was
only marginally improved in Colombia.
The chapter by Garita provides an additional view on the interrelation
among existing social configurations in a country, namely, the privileged
status of economic elites, and taxation. In particular, this chapter studies
one of the most disappointing but at the same time less-studied countries
in terms of tax collection: Guatemala. Garita shows that part of the low
development of the Guatemalan tax state is caused by important privileges
in the form of tax exemptions, credits, or deductions, which, although
22 J. ATRIA ET AL.
Notes
1. Jorge Atria’s research for this chapter was supported by the Chilean Sciences
and Technology National Council under Grant number 3160705,
and Centre for Social Conflict and Cohesion Studies (Conicyt/
Fondap/15130009).
2. Alliance for Progress was an international economic development program
established by US President John F. Kennedy and 22 Latin American coun-
tries in the Charter of Punta del Este (Uruguay) in 1961. The objective was
to promote political democracy, economic growth, and social justice in
Latin America.
3. Data including social security.
4. Such reforms of personal income tax principally aimed to improve collection
via different mechanisms: the modification of the tax base (especially to
improve taxation of capital income), change in aliquots, and new rules for
international taxation. In some cases, dual income taxes were introduced,
the minimum taxes modified or introduced, and the fiscalization of big con-
tributors increased (CEPAL, 2015).
5. In this period, the basic receipt to tax reform encompassed (a) the elimina-
tion of taxes on trade (import and export), (b) the simplification of the
personal income tax (PIT) and an increase in its regressivity commonly justi-
fied with an aim to provide incentives for employment and private invest-
ment, and (c) a reduction in (high) corporate (income) tax rates based on
the argument to prevent capital flight and encourage FDI. With several
INTRODUCTION: TAXATION IN TIMES OF UNCERTAINTY IN LATIN AMERICA 23
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28 J. ATRIA ET AL.
Ryan Saylor
1 Introduction
A striking feature of Latin American states is their wanting tax capabilities.
Today, Latin American governments extract tax revenues at about half the
rate of their counterparts in the advanced industrialized world. They also
rely heavily on indirect taxes, which are relatively easy to collect. Their fis-
cal institutions are weaker and less diversified than their European coun-
terparts (Centeno & Ferraro, 2013, p. 409). This state of affairs is not
new. Fiscal underdevelopment in Latin America has a long history. The
tendency to emphasize easy-to-collect revenues solidified in the second
half of the nineteenth century, which was the region’s formative state
building period. These state-building legacies persist in the contemporary
era (Kurtz, 2013, pp. 10–12).
There are a few strands of scholarly thought that seek to account for
Latin America’s underwhelming extractive capacity and state building more
generally. First, one thread highlights how Latin America’s tax capability
R. Saylor (*)
Department of Political Science, University of Tulsa,
OK, USA
(the country’s net creditors) pleaded with them to do so. Ruling coalition
members’ private economic interests swayed fiscal policy and stunted insti-
tutional development. In Brazil, debtor coffee planters, the country’s stron-
gest force, also foiled movement toward a fiscal state.
The argument and findings in this chapter parallel the themes of this
volume. First, there is an important historical dimension to understanding
taxation in Latin America today. War and the preparation for war in the
nineteenth century did not result in stronger fiscal institutions. Instead,
institutions stagnated, and in some manner these historical legacies con-
tinue to reverberate. Second, the war-makes-states model did not take
root in Latin America largely because of coalitional politics. Coalitions of
net debtors did not regard building tax capacity to be in their self-interest.
This finding illustrates how extractive development ultimately hinges on
relations between state and society. Third, the presence of debtor coali-
tions throughout Latin America was itself a function of the region’s place
within the global hierarchy. Nineteenth-century Latin America was a
capital-poor region, which meant that net creditor coalitions—the type
that I maintain are crucial for the creation of robust fiscal institutions—did
not exist. Debtor coalitions dominated the region’s politics to the detri-
ment of tax institutions. Hence, the global economy conditioned the sort
of political coalitions that would flourish in Latin America and thereby
influenced institutional trajectories.
I develop my argument in the following section. By focusing on the
coalitional dimensions of tax policy, I underscore that war, even when it is
large and encompassing, will not necessarily provoke fiscal institution
building. Coalitions led by net debtors have economic reasons to oppose
strengthening tax institutions, even though such actions promote the
growth of state capacity and, by extension, geopolitical power. To be clear,
I do not claim that all fiscal behavior can be reduced to the distinction
between net-creditor and net-debtor coalitions. Rather, I see this chapter
as enriching current theories, by showing how structural economic factors,
elites’ dispositions, and bellicist pressures intersected in debates over fiscal
policy and potential institution building. After I expound my argument, I
present comparative historical case studies of Argentina and Brazil. The
cases depict circumstances in which a large war and growing fiscal pres-
sures did not provoke rulers to build fiscal capacity, even as macroeco-
nomic problems mounted. These cases epitomize the detrimental influence
that debtor coalitions had on the prospects for building fiscal states in
nineteenth-century Latin America.
DEBTOR COALITIONS AND WEAK TAX INSTITUTIONS IN LATIN AMERICA... 35
The expectation that war promotes state building draws on the European
experience and bellicist theory. When conflict erupted in early modern
Europe, rulers had to quickly raise money, because war costs easily out-
stripped ordinary revenue. Extraordinary taxes could not realistically fund
war-making, so leaders normally turned to holders of liquid capital and
borrowed money. After wars ended, rulers had to grapple with their debts.
Many of them imposed new types of taxes, which resulted in the diversifica-
tion of revenue sources. Some also strengthened fiscal institutions, such as
by supplanting tax farmers with state agents to collect taxes. These develop-
ments were part of the “ratchet effect” in many countries, whereby higher
levels of wartime taxes and spending remained after hostilities ended.
Gradually, these changes helped forge the modern state. Hence, wars build
states partly through the creation of new tax institutions (Tilly, 1992).1
Government leaders had two compelling reasons to repay their debts.
First, diligent debt service signaled to capital holders that a ruler was a
reliable borrower, which made it easier to get loans in the future. Second,
growing debt loads can have negative macroeconomic ramifications, such
as currency depreciation and inflation.2 Inflation can imperil leaders
because it reduces people’s purchasing power and can spiral, two develop-
ments any ruler—especially those with limited capacity to contain popular
uprisings—would like to avoid. One way to mitigate the problems associ-
ated with rising debt loads is by building a stronger and diversified tax
apparatus. Fiscal diversification promotes stable revenue flows, helps
ensure debt service, and thereby dampens inflationary pressures (Baldacci
& Kumar, 2010; Catão & Terrones, 2005). Wartime debts should pro-
mote the diversification and strengthening of fiscal institutions because
these developments inhibit inflation.
Wars can therefore stimulate the development of extractive capacity,
which many scholars regard as the crux of state capacity generally. In Latin
America, however, warfare did not have such beneficial effects, even
though Latin American states were frequently fighting in the nineteenth
century and funded their activities with debt. Instead, wars “produced
blood and debt and not much more” (Centeno, 2002, p. 127). On one
hand, some scholars question the applicability of Tilly’s model to Latin
America, principally because the geopolitical context was less bellicose and
the struggles were not existential—with the implication being that rulers
36 R. SAYLOR
did not need to build strong institutions to survive (e.g., Kurtz, 2013,
pp. 21–22; Soifer, 2015, pp. 204–206). But on the other hand, even if
wars were not existential threats, the growing debt loads that accompa-
nied war-making exposed leaders to potential macroeconomic and politi-
cal pitfalls. And yet governments remained indifferent toward strengthening
tax institutions to facilitate debt service.
I contend that rulers’ indifference to fiscal development reflected the
economic interests encapsulated within their underlying political coali-
tions.3 Political leaders depend on a coalition of social actors. Some actors
believe that institutional strengthening to ensure debt service will assist
their private economic interests. Other actors believe that their interests
will be better served by halfhearted debt servicing. I differentiate actors
based on their overall position within a country’s credit market: whether
they are net creditors or net debtors. These positions affect actors’ atti-
tudes toward inflation, and these attitudes become manifest in fiscal policy
and institutional outcomes. I focus on these interests to account for why
rulers and their underlying coalition of supporters might not respond to
growing debt loads as expected by bellicist theory.
Net creditors are net lenders in a credit market, meaning that they are
owed more money than they owe to others. They fear inflation and cur-
rency depreciation because these things push down the real interest rates
on their outstanding loans and produce a relative economic loss. Net cred-
itors therefore desire dedicated public debt service, even if they do not
loan the government money. They should be disposed to fiscal diversifica-
tion and institution building. Historically, in early modern Europe, mer-
chants and other urban capitalists were prominent financiers of wars. Fiscal
diversification would buttress their lending activities and also shift the tax
burden away from trade flows and toward landed wealth, which was often
shielded from taxation. Ruling coalitions that include net creditors should
want to strengthen tax institutions after costly wars.4
Net debtors—who have borrowed more than they have lent—are less
inclined to support fiscal institution building, because indifferent debt ser-
vice can benefit them. Inflation and currency depreciation reduce a loan’s
real interest rate and enable borrowers to pay off debt with money that is
becoming less valuable. Borrowers profit in such circumstances.
Consequently, net debtors should be relatively unconcerned with diligent
public debt service, even if they have lent the government money.
Government creditors naturally want their loans repaid, but they may wel-
come inflationary policy if they are net debtors overall. I reason that the
DEBTOR COALITIONS AND WEAK TAX INSTITUTIONS IN LATIN AMERICA... 37
The War of the Triple Alliance began when Paraguay’s leader, Francisco
Solano López, encroached onto Uruguayan territory and provoked Brazil
to declare war to defend its allies in Uruguay’s Colorado Party. Argentina
entered the war alongside Brazil and Uruguay when Solano López moved
his troops into Argentinian territory to gain a strategic advantage. The war
dragged on for six years and wreaked devastation on Paraguay. The War of
the Triple Alliance was costly for Argentina and Brazil too. Argentina sent
25,000 men into battle and suffered 18,000 casualties, as well as 5000 killed
from internal conflicts and another 7000 in related cholera deaths. The war
directly or indirectly killed more than 1.5% of Argentina’s population. The
Economist estimated that the war cost Argentina £9.3 million, more than
100% of the country’s foreign trade value circa 1860. Brazil sent around
1,30,000 soldiers to fight Solano López and probably suffered 1,00,000
casualties. Brazil’s financial cost was also great: more than £56 million, more
than double its foreign trade circa 1860 (Centeno, 2002, pp. 54–56, 228;
McLynn, 1984; Platt, 1983, p. 46; Warren, 1978, p. 30).
The ferociousness of the war required a quick mobilization of resources
that easily outstripped the states’ ordinary revenues. Argentina and Brazil
funded their war-making in part with a combination of foreign and domes-
tic debt issues, and these actions created postwar fiscal strains. Yet, despite
the financial toll imposed by the war, neither Argentina nor Brazil took
steps to reach deeper into society to extract revenue for fiscal balancing. I
argue that the relative indifference to the war’s financial implications was
a function of the political dominance of each country’s debtor class of
landed elites.
deficits (Platt, 1983, p. 33).9 Argentina partly financed the war with a
£2 million bond issue through Baring Brothers in 1866 and 1868, which
accounted for 20% of the war’s expenses. It was “subscribed, chiefly for
investment among merchants and capitalists connected with Argentina.”10
The war began a penchant for debt financing, as the central state and
Buenos Aires provincial government acquired more than £9 million more
in public debt between 1870 and 1873 (Marichal, 1989, pp. 93–94, 243).
During the war, the government halted the valorization of the peso. The
monetary situation had stabilized, but as the peso gained value, money
became tight. The estancieros’ advocacy group, the Sociedad Rural
Argentina, argued in 1866 that an appreciating peso “ruined the country’s
source of wealth: the countryside” and would mean the estancieros’ “inevi-
table” ruin “in short time.” By contrast, La Nación, a mouthpiece of mer-
cantile interests, desired further strengthening to promote imports, the
more valuable part of Argentine trade. (Imports always outpaced exports
between 1861 and 1875.) To stop valorization, the estancieros sought an
official peg, which they received in 1867 with the formation of the Oficina
de Cambios (Chiaramonte, 1971, pp. 57–61; Panettieri, 1980,
pp. 389–393).11 Yet, despite the peg and chronic trade deficits, the money
supply expanded considerably during the war—from 316 million to
583 million paper pesos—because Argentina helped supply the Brazilian
army, and the influx of Brazilian capital enabled emissions from the Oficina
de Cambios. In addition, the Banco de la Provincia de Buenos Aires started
issuing (and the state began accepting) metallic notes in 1866 (Cortés
Conde, 1989, pp. 42, 47–50, 94; Panettieri, 1980, pp. 392–394).
Monetary policy thereby facilitated the estancieros’ economic goal: to access
credit for wool production (cf. Sabato, 1990, pp. 255–262). Meanwhile,
fiscal policy remained centered on trade duties, which accounted for 95% of
ordinary income during the war (Oszlak, 1982, pp. 204–205).
After the war, monetary policy continued to favor the estancieros. In
1872, the government established a mortgage bank in Buenos Aires prov-
ince. The bank issued interest-bearing letters of mortgage credit (cédulas),
which functioned like a revolving line of credit, encouraged land specula-
tion, and promoted inflation (Ferns, 1960, pp. 370–371). In addition, the
Banco de la Provincia de Buenos Aires, which was not bound by the Oficina
de Cambios’ peg, continued expanding the money supply. La Nación
objected, to no avail (Cortés Conde, 1989, pp. 82–84).12 But when peace-
time ended the influx of Brazilian capital, Argentina’s chronic trade defi-
cits quickly depleted the Oficina de Cambios’ metallic reserves, from
$F15 million (pesos fuertes) in 1872 to less than $F3 million in 1875
DEBTOR COALITIONS AND WEAK TAX INSTITUTIONS IN LATIN AMERICA... 43
instead on volatile trade duties. Before the war (1850–1863), the Brazilian
state obtained 79% of its ordinary revenues on average from customs
duties and royalties. After the war (1871–1886), customs and royalties
averaged 72% of ordinary revenue (Abreu & Lago, 2001, pp. 343–344). I
attribute this fiscal stasis to the interests of Brazil’s coffee planters, a group
of net debtors who were the most powerful force in the country.
Brazil’s landed elites “exercised clear authority in most political deci-
sions.” Neither merchants, nor other urban interests, nor the masses were
significant checks on their power (Graham, 1990, p. 138). The most power-
ful landowners were export-oriented coffee planters, who hailed from Rio
and São Paulo provinces. (Coffee was by far Brazil’s largest export after
1850.) Other exporters producing sugar, cotton, and rubber in the northeast
provinces of Bahia and Pernambuco were less influential. Generally, export-
oriented actors tended to the Conservative Party, which predominated in the
mid nineteenth century. Liberal Party members had less of an export orienta-
tion (Needell, 2013, pp. 81–82). In the credit market, coffee planters were
net debtors (Stein, 1958, pp. 240–244; Summerhill, 2015, pp. 205–206).
Domestic merchants and purchasers of Brazilian debt in the London bond
market were the country’s net creditors (Summerhill, 2015, pp. 7, 12, 99).
Coffee planters and merchants had a largely harmonious relationship,
although “the financial system was the most hotly contested area in the
struggle among competing domestic interests” (Topik, 1987, p. 27).
Brazil financed the War of the Triple Alliance with foreign and domestic
debt issues and monetary expansion. The main foreign loan was a £7 million
debt issue in 1865, facilitated by N. M. Rothschild & Sons of London,
Brazil’s de facto foreign banker. The government also issued foreign debt
in 1863, to convert short-term obligations into long-term debt in anticipa-
tion of war, and again in 1871, partly to cover budget deficits. Brazil’s
foreign debt increased by 65% during the 1860s (Summerhill, 2015,
pp. 48–54, 62, 67). Domestic bonds, known as apólices, were an even larger
part of the war’s financing. In most years, apólice issues augmented the gov-
ernment’s ordinary revenues by 10–30%; the single largest offering, in
1868, equaled 65% of ordinary revenues. The main buyers of domestic debt
were merchant firms and commercial banks in Rio, as well as the Banco do
Brasil.17 These wartime domestic bonds accounted for 40% of all domestic
debt issues during the Empire (1822–1889). By the war’s end, Brazil’s
debt-to-exports ratio had more than doubled (Abreu & Lago, 2001,
pp. 358–359). Finally, the government also expanded the money supply;
46 R. SAYLOR
new currency emissions made up 30% of wartime financing (Abreu & Lago,
2001, p. 351; Summerhill, 2015, pp. 82–94, 99–104; Topik, 2002, p. 130).
The number of milréis in circulation increased from 29 million to 151 mil-
lion between 1864 and 1870 (Centeno, 2002, p. 132).
Following the war, the politics of debt came to the fore, because debt
service obligations became the state’s second largest expense, after mili-
tary costs (Levy, 1995, p. 227; Summerhill, 2015, p. 36).18 The war’s
funding strategy was having negative economic effects: the milréis depre-
ciated by about 25% during the war (Levy, 1995, p. 252). To address the
situation, Brazil appeared to be developing a nascent fiscal state. During
the war, the government implemented new taxes on public employees,
stamped paper, property, and industrial and professional activity
(Summerhill, 2015, pp. 42–44, 82). But in actuality, the “tax on industry
and the professions was never enforced and the rates remained minimal,”
and rural properties were excluded from the building tax (Centeno, 2002,
p. 118 note 46). The fiscal apparatus remained simple and undiversified.
Much like before the war, Brazil obtained 73% of its ordinary revenues in
the 1870s from trade duties; most of the rest came from “interior taxes,”
although these seemingly direct taxes were largely duties placed on com-
mercial flows (Abreu & Lago, 2001, pp. 343–344). Land taxes were non-
existent (Leff, 1997, p. 53). Brazil’s ballooning public debt did not
stimulate fiscal development.
This fiscal profile benefitted coffee planters. First, the government’s
main revenue source was import duties, which were passed along to
consumers and fell most heavily on urban residents. Second, export
duties—which constituted 17% of ordinary revenues on average during the
1870s—had distributive implications that favored coffee planters. By the
early 1880s, Brazil was responsible for about 60% of global coffee produc-
tion (Calomiris & Haber, 2014, p. 407). Brazilian production was large
enough to alter world prices, which enabled Brazilian planters to pass along
export duties through higher prices (Williams, 1994, p. 20). Hence, coffee
planters in Rio and São Paulo achieved a relative gain on export taxation
vis-à-vis cotton, rubber, and sugar producers from the northeast, who
absorbed their export duties. Third, planters did not face land or income
taxes (Abreu & Lago, 2001, pp. 342–344). Fourth, the use of debt to fund
budget deficits meant that taxes could remain low (Topik, 1985, p. 207).
These policies did not fundamentally change during the nineteenth cen-
tury (Abreu & Lago, 2001, pp. 340–349; Calomiris & Haber, 2014,
pp. 413–414; Topik, 1985, pp. 210–212).
DEBTOR COALITIONS AND WEAK TAX INSTITUTIONS IN LATIN AMERICA... 47
grant; otherwise the government could seize the land. Moreover, people
wanting to obtain frontier lands had to pay for them upfront in cash
(Calomiris & Haber, 2014, pp. 407–408). The government’s control over
banking and note issuance rendered this option unrealistic for would-be
yeomen (Summerhill, 2015).
The effect of these actions was to limit credit availability. Credit was
fairly expensive, and most planters were indebted, many quite heavily
(Stein, 1958, pp. 240–244; Sweigart, 1980, pp. 109–169). Yet at the
same time, coffee planters had ample legal protection, which made fore-
closure difficult and enabled chronic indebtedness (Ridings, 1994,
pp. 144–145; Stein, 1958, pp. 241–242). The government also tried to
direct credit to planters. In the 1850s, the government formed the Banco
do Brasil by conglomerating the handful of existing commercial banks; it
functioned like a government-run bank (Calomiris & Haber, 2014,
pp. 409–413; Schulz, 2008, pp. 28–30). During the War of the Triple
Alliance, the state authorized the bank to make mortgage loans. The
Banco do Brasil became the country’s leading mortgage lender and used
mortgage bonds (similar to cédulas in Argentina) that did not require
securitization. Mortgage loans went mostly to large coffee planters
(Summerhill, 2015, pp. 188, 193; Sweigart, 1980, pp. 138–147). By the
late-1870s, the Banco do Brasil was effectively bailing out chronically
indebted coffee planters (Stein, 1958, pp. 244–245).
These actions redistributed wealth from Brazil’s net creditors to its
debtor coffee planters. Brazil’s bifurcated credit market had two sets of
creditors. Foreign merchant firms and the London bond market purchased
Brazil’s external debt. Merchant and commercial groups based in Rio, as
well as the Banco do Brasil, bought domestic bonds. The Banco do Brasil
was the crucial intermediary. The bank lent mostly to coffee plantation
areas, such as Rio or São Paulo; it did not direct mortgage funds to sugar-
producing areas, for instance. Thus, the Brazilian credit market was one in
which the government issued debt and then funneled part of the proceeds
as credit to coffee planters via the Banco do Brasil. William Summerhill notes
that Brazil’s tight monetary policy contributed to its favorable standing in
the London bond market—unlike most Latin American countries—and
facilitated foreign loans. He writes that “the Treasury borrowed cheaply in
London and passed along the savings to private debtors through Brazilian
banks” (Summerhill, 2015, pp. 183–185, 204–207, quote from p. 207).
This status quo changed with the abolition of slavery in 1888, when
Brazil’s reluctance to end slavery became unsustainable. To compensate
DEBTOR COALITIONS AND WEAK TAX INSTITUTIONS IN LATIN AMERICA... 49
coffee planters for higher anticipated labor costs, the government injected
massive amounts of credit and money into the economy. This plan, known
as encilhamento (saddling up), “raised a dramatic protest” in the Rio News,
which voiced creditor attitudes (Schulz, 2008, p. 75). The ensuing cur-
rency depreciation did not threaten coffee planters. In the short term,
depreciation begot lower world coffee prices, given Brazil’s dominant
world market position; in the longer term, depreciation meant rising costs
of real-denominated facets of production. But declining world prices off-
set the lower value of the milréis (Abreu & Lago, 2001, p. 348). Because
planters’ production costs were more tied to the milréis than foreign cur-
rencies, compared with nascent manufacturers, depreciation was “essen-
tially a socialization of losses whereby the rest of society subsidized
exporters” (Topik, 1987, p. 35). Between 1888 and 1894, the milréis
deteriorated from its par value of 27 milréis-to-pence to 10.6 milréis-to-
pence. Debt service consumed more than half of the federal budget by the
late-1890s (Schulz, 2008, pp. 71–97, 143–144; Topik, 1987, pp. 27–40).
Even so, Brazil’s fiscal profile did not change significantly. The prob-
lems of the 1890s did spur new excise taxes on alcohol and tobacco. Yet,
like the emphasis up to then on import duties, which fell most heavily on
urban consumers, these new taxes were also regressive. Thus, the excise
remained consistent with prevailing fiscal policy. A proposed income tax
was deemed “uncollectable” and scuttled by Congress at the turn of the
century (Schulz, 2008, p. 143). There was neither substantial fiscal diver-
sification nor institutional strengthening. The “state barely trespassed
onto the plantation” (Topik, 2002, p. 125). Local administration effec-
tively lay with police chiefs, delegados, and subdelegados, who were local
powerbrokers, not bureaucratized state agents (Graham, 1990, pp. 55–70).
These outcomes reflected the interests of the coffee planters, who had a
variety of reasons to resist the development of a fiscal state.
6 Conclusions
Net debtor coalitions in Argentina and Brazil helped ensure fiscal under-
development during their countries’ formative state building eras. The
prospect of inflation, which can be tamed by diversified and robust tax
institutions, was unthreatening to ruling coalition members. In general,
the absence of net creditor coalitions throughout Latin America fore-
stalled institutional development, in contrast to European polities such as
England and the Netherlands, where net creditor coalitions built fiscal
50 R. SAYLOR
Notes
1. There is growing interest in the rise of fiscal states in Europe and elsewhere
(see Bordo & Cortés Conde, 2001; Cardoso & Lains, 2010; Dincecco,
2011; Yun-Casalilla & O’Brien, 2012).
2. The main alternatives to debt financing, such as monetary expansion and
currency debasement, have similar effects.
3. I developed this thesis with Nicholas C. Wheeler (Saylor & Wheeler, 2017).
4. See Saylor and Wheeler (2017) for a case study of how a net-creditor coali-
tion in eighteenth-century England spurred fiscal development.
5. At the same time, Chile was beset by bellicist pressures. In the nineteenth
century, Góngora (1986) considers Chile to have been a “land of war,”
while Resende-Santos (2007, p. 156) characterizes it as “perennially inse-
cure.” Centeno (2002, pp. 44–45) counts three interstate and four civil
wars during the century; I would add Chile’s 1859 insurrections to
Centeno’s list (Saylor, 2014a, pp. 82–83). Last, Thies (2005, p. 457) iden-
tifies three external rivalries for Chile during the nineteenth century.
6. Soifer (2015, p. 171, Table 5.5) notes that Mexico’s “land value tax, the
contribución predial, was collected only in Mexico City and the federal
territories.”
7. Argentina was also part of a strategic rivalry with Chile, and Brazil had a
rivalry with Great Britain (Thies, 2005).
DEBTOR COALITIONS AND WEAK TAX INSTITUTIONS IN LATIN AMERICA... 51
8. Estimates of the money supply vary, but everyone agrees that it contracted
during 1862–1865. Chiaramonte (1971, p. 58) estimates the money sup-
ply was 340 million paper pesos in 1862. Cortés Conde (1989, p. 42) cal-
culates that it contracted to 305 million pesos by 1864. They agree the
money supply was 298 million pesos in 1865. Adelman (1995, p. 245)
calculates a starker contraction from 378 million paper pesos in 1862 to
230 million by 1865.
9. Argentina’s only outstanding foreign debt before the war was its 1824
loan, which had been in default but was rescheduled in 1857 (Ferns, 1960,
pp. 319–320).
10. The state funded the remaining war expenses by issuing promissory notes to
military men and borrowing from the Banco de la Provincia de Buenos Aires
(Platt, 1983, pp. 33–40, quote from p. 37; Marichal, 1989, pp. 92–93).
11. The peg was 25 paper pesos to one peso fuerte. Adelman (1995, p. 245) and
Reber (1979, p. 32) note that the growing scarcity of paper pesos bothered
merchants too.
12. Ranchers were prominent among the directors of the Banco de la Provincia de
Buenos Aires and the provincial mortgage bank (Sabato, 1990, pp. 273–274).
13. There had been a modest rise in price indices under the convertibility regime.
14. Calculations based on data from Chiaramonte (1971, pp. 38–39, 90), Cortés
Conde (1989, pp. 33, 86, 112), and Oszlak (1982, pp. 204–205, 262).
15. La Prensa, September 23, 1875 (vol. 6, no. 1618) and July 27, 1876 (vol. 7,
no. 1864).
16. The Times, March 16, 1876, Issue 28,578, p. 7.
17. These buyers in turn sold some debt on the secondary market, to individu-
als, other banks, joint stock companies, and religious organizations
(Summerhill, 2015, p. 105).
18. Debt service constituted 14% of Brazil’s budget in 1860. It rose to 27% in
1870 and to 34% in 1880 (Schulz, 2008, p. 144).
19. Brazil’s net creditors feared inflation and currency depreciation and wanted
tight money (Ridings, 1994, pp. 140–143; Topik, 1985, p. 207).
20. In addition, cadastral surveys would have created tension between land-
owners over boundary definition and facilitated land taxes.
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CHAPTER 3
Aaron Schneider
1 Introduction
Brazil collects around 36% of GDP in tax, among the highest levels in the
developing world, and above the level of a number of developed countries.
This impressive level of tax occurs within the context of a complex and
changing federal system. Over time, tax collection and federalism have
been marked by moments of significant and coincident changes, as fiscal
and federal arrangements are reset to accommodate rival elite and popular
interests. Such interests shift with new patterns of international insertion,
requiring renegotiations of fiscal and federal bargains to distribute power
and resources within a federation and expand the amount of revenue avail-
able to meet new developmental challenges. As an emerging democratic
power that has experienced periods of rapid development punctuated by
reversals of dictatorship and decline, the intertwined history of Brazilian
federalism and tax is essential to understand.
Brazilian history demonstrates both the close relationship between fed-
eralism and tax as well as their utility as indicators of state capacity to
promote development. The current high level of taxation coincides with a
reorganization of federalism that occurred during the 1990s, and efforts
A. Schneider (*)
Josef Korbel School of International Studies,
University of Denver, Denver, USA
(1) Coincident reform occurs when both federal and tax institutions
change together, including a major advance in revenues and the
reorganization of federalism to complement new state capacities.
Such moments of coincident reform are rare and represent new
accommodations among social forces distributed across a country—
a new fiscal federal bargain. Such moments are rare for two reasons.
First, they are difficult, requiring broad bargains across highly varied
elite and popular sectors. Second, coincident reform is really only
possible and necessary at critical moments of transition between pat-
terns of international insertion, itself a rare occurrence.
(2) A second pattern of reform occurs when federalism shifts in ways that
undermine tax or tax shifts in ways that undermine federalism.
Federalism undermines tax when declining elites adapted to prior
patterns of international insertion ensconce themselves in regional
units and block expansions in state capacity as a way of protecting
their privileges (Gibson, 2012). One result can be that governmental
units end up “overfishing the common pool of national revenue,”
62 A. SCHNEIDER
40.00
35.00
30.00
25.00
20.00
15.00
10.00
5.00
0.00
1900
1905
1910
1915
1920
1925
1930
1935
1940
1945
1950
1955
1960
1965
1970
1975
1980
1985
1990
1995
2000
2005
2010
Fig. 3.1 Brazilian tax as a percent of GDP, 1990–2010
While four main periods characterize the evolution of tax, there are
slightly more moments of inflection within federalism, though still follow-
ing an episodic and punctuated pattern. In addition to the three moments
of change that characterize tax, the federal system was subject to two addi-
tional moments of adjustment with the return to democracy in 1945 and
the fiscal adjustment of the mid-1990s. The figure below offers one indi-
cator of change in the federal system: the relative proportion of total
receipts and expenses undertaken by the central government. While the
proportion of revenues enjoyed by the national government rose at first, it
dropped steadily during the Old Republic, especially expenditures. The
direction of change shifted with the Estado Novo, as the federal govern-
ment recuperated some of what it had lost, especially with respect to
expenditure. The return to democracy in 1945 shifted revenues away from
the center once again, though the central government preserved its pro-
portion of spending somewhat during the 1950s. The 1964 military
regime quickly went about re-centralizing both expenditure and revenues,
surpassing 75% of revenue and 60% of expenditure through the early
1980s, though the lead-up to the transition to democracy and the 1988
Constitution dropped the share of central government revenues and
expenditures once again, only to recuperate somewhat with the structural
adjustment of the mid-1990s and extending into the 2000s.
64 A. SCHNEIDER
80.00
75.00
70.00
65.00
60.00
55.00
50.00
45.00
40.00
1900
1904
1908
1912
1916
1920
1924
1928
1932
1936
1940
1944
1948
1952
1956
1960
1964
1968
1972
1976
1980
1984
1988
1992
1996
2000
Receipts % Expenditure %
Fig. 3.2 Relative central government share of receipts and expenditures, Brazil,
1900–2000
When federalism and tax shift together, as they did in the 1930s,
1960s, and 1990s, it suggests a simultaneous reworking of federal and
fiscal bargains—coincident reform. A social coalition accommodated ris-
ing elites associated with new patterns of international insertion and rival
elites clinging to fading sectors, occasionally with some inclusion also for
popular sectors. Divergent reform occurs more frequently, resting as it
does on intra-elite dynamics among regional leaders. The sections below
will explore periods of federalism and tax in terms of the social relations
they mediate between state and society.
share of total taxes fell to 60% in 1950, recuperating slightly during the
1950s only to fall again through 1964, when it fell below 60% for the first
time since before the Estado Novo.6
The most devastating handicap of the post-war industrialization effort
was a chronic foreign exchange shortage. Declining prices for primary
exports and a growing demand for imports led the central government to
address the imbalance through a variety of stopgap mechanisms, including
exchange rate manipulation and tariffs, which both adjusted accounts and
stimulated industry (Baer, 2001: 55). Additional stimulation came from
spending programs, especially in the area of infrastructure, leading to the
creation of the National Bank of Economic Development (BNDE).
Capital was forthcoming in years of high growth, but by the end of the
decade the government increasingly turned to seignorage as a source of
finance, printing new money, inflating away obligations, and creating a
spiral of debt costs, price increases, and wage demands.
The post-1945 federal bargain further undermined fiscal bargains, as
regional elites used their power to erode both federal and municipal
resources, increasing their share of revenues from 40% to 45% from 1952
to 1964, while the central government and municipal shares fell (Lopreato,
2002: 39). Unsustainable fiscal crisis was inherited by Janio Quadros,
elected in 1960 on a platform of cleaning-up politics, but essentially
handed a task made impossible by the stalemate among regional elite,
partisan, and popular sectors. After Quadros resigned, the Brazilian
Worker Party (PTB) vice president, João Goulart, took over in 1961, and
attempted a wholescale redefinition of Brazil’s relationship to the interna-
tional economy, favoring small-scale capital and basic agricultural produc-
tion for domestic consumption while confronting international capital
with laws restricting profit repatriation, limiting capital outflows, and
nationalizations (Baer, 2001: 73). His gamble was unsuccessful. Prices
rose, political polarization increased, and the fiscal and monetary sustain-
ability of the government decayed (Cohen, 1994: chapter 6; Stepan, 1978:
110–138).
The Estado Novo fiscal federal bargain established a parallel system of
centralized finance to promote import-substitution industrialization. This
parallel system existed alongside, and was gradually undermined by
accommodations to regional elites, who used their leverage to undercut
national fiscal accounts and eventually produced crisis that discredited
regional actors, political elites, and the “easy” phase of import-substitu-
tion industrialization.
STATE CAPACITY AND DEVELOPMENT: FEDERALISM AND TAX IN BRAZIL 71
The military seized power in 1964 and initiated a new fiscal federal bar-
gain characterized by centralized, authoritarian coordination of industrial
deepening. To increase rates of investment, the regime concentrated
income and increased extraction, undertaking the most significant tax
reform since the Old Republic while centralizing funds in the central gov-
ernment and state enterprises. Growth boomed but increased political
conflict during the 1970s forced the military to cede power and resources
to regionally based elites, undermining the fiscal federal bargain just as
inflation and slowing growth worsened, leading up to democratization in
1985 (Stepan, 1975: 97).
The military rejuvenated the system of parallel federal administration
inherited from the Estado Novo. Centralized technical bureaucracy main-
tained support to national industrialists but now gave a leading role to
multinational capital, brought in to scale-up the size and sophistication of
national industry. The effect was to internationalize Brazilian industrial-
ization with an infusion of external capital, technology, and ownership, as
well as increased capacity to export (Evans, 1979). Growth fell below 5%
only twice in fifteen years, and was frequently above 10%, averaging 11.3%
from 1968 to 1980.
Industry share of GDP increased from 34% to 44%, growing more than
12% per year, upgrading from traditional manufactures like textile and
clothing to more complex capital and intermediate goods, like transport
equipment, machinery, and electrical equipment (Baer, 2001: 75–77,
Appendix A1). Certain sectors were reserved for state enterprises, such as
strategic intermediate inputs of steel, mining, and petrochemicals, as well
as energy, public utilities, and banking (Rezende, 1982).
When the first oil shock occurred in 1973, Brazil doubled-down its
deepening strategy. The regime opted for large-scale projects in capital
goods, steel, and infrastructure through the Second National Development
Plan (PND II) (Barros de Castro & Pires de Souza, 1985), a strategy
made possible by the availability of international finance in markets flush
with petrodollars and offering low interest rates. Borrowing increased,
with net debt rising from US$6.2 billion in 1973 to US$31.6 billion in
1978, 63.3% of which was in the hands of the public sector.
These strategies of industrial deepening interacted in several ways with
fiscal federal bargains. When the military had lost key states in the 1965
72 A. SCHNEIDER
would fragment the opposition while encouraging regime unity and even
expanding conservative representation, creating new states in rural
regions and altering the formula for representation.
This coincided with the second national development plan, PND II,
which sought to deconcentrate industries from the São Paulo–Rio corri-
dor. As Abrucio relates, “(President) Geisel sought to make federalism
more multipolar in economic terms, weakening the wealthiest states, espe-
cially São Paulo. In this way, the power of the strongest states—usually in
opposition to the regime—were counterbalanced by the association
between the Union and the emerging states” (Abrucio, 1998: 85–86).
While the military was able to slow its departure from power until 1985,
it could not dictate the terms, and it was forced to increasingly shift
resources to its clientelist allies in the rural and less-developed states.
In the context of inflationary shocks, rising oil prices, and depressed
global trade, these changes to the federal bargain undermined fiscal capac-
ity. “The deceleration in economic growth, the increase in inflation and
the increase in fiscal exemptions limited the receipts of state governments.
Combined with rising debt service costs, help to explain the situation of
state finance and financial problems” (Lopreato, 2002: 68). Regime
attempts to stimulate deepening with tax exemptions, preferences, and
special regimes further eroded the fiscal base, which stagnated. Subnational
governments were particularly afflicted, as centralized fiscal authority and
absorption of concurrent subnational tax bases and rates made it impossi-
ble for states and municipalities to recuperate fiscal solvency.
Steps taken to patch fiscal shortfalls at the national level further preju-
diced subnational accounts. The regime came to depend on earmarked lev-
ies on payroll and other transactions, compulsory federal savings funds,
termed social contributions, including the Contribution toward the Social
Integration Program (PIS), the Program for the Formation of the Public
Sector Fund (PASEP), and the Social Investment Fund (FINSOCIAL)
(Blanco Cossio, 2002). Not quite taxes, and not shared with subnational
units, they protected national revenues even as they worsened revenue qual-
ity with cumulative and distortionary charges. The result was a further cen-
tralization of resources, and by 1980 the central government was collecting
80% of all revenues, and even after transfers, its share of available tax receipts
rose from 40.6% to 51.6%, while the state share fell from 46.3% to 35.2%.
As the military neared its exit in 1985, and in an effort to favor its allies
in poorer and rural states, it reformed the federal transfer system—State
Participation Fund (FPE) and Municipal Participation Fund (FPM)
74 A. SCHNEIDER
(Graham, 1990). The value of FPE and FPM were raised in 1980 to 11%
of the total income tax (IR) and industrial products tax (IPI), 12.5% in
1984, and 14% in 1985, with the FPM raised to 16%. Special portions of
the transfers were reserved for the poorer and more conservative Northern,
Northeastern, and Central-Western states (10% in 1976–1977 and 20% in
1978). While state leaders from wealthier states secured increases in the tax
on goods (ICM) to 16% in 1982 and 17% in 1984, the regime assumed the
cost of credits on ICM extended to enterprises in the North and Northeast.
The main benefits to wealthier states came through state enterprise invest-
ments, which tended to target already developed areas (Rezende, 1982).
Furthermore, they had more collateral to offer required matching funds
(Lopreato, 2002: 54) and had much stronger state banks to secure capital for
investments. Total state external debt rose to US$22.8 billion, with
US$18.3 billion owed by Southeastern states and US$8.1 billion by São
Paulo alone (Resende, 1981, as cited in Abrucio, 1998: 87).
The second oil shock of 1979 and the interest rate shock of the 1980s
revealed the extent of the fiscal crisis afflicting all levels of government.
A rising import bill and cost of financing current and fiscal account imbal-
ances severely constrained public accounts until the mid-1990s. Public
investments had risen from 3% of GDP to 5% of GDP between 1964 and
1970, only to taper toward the end of the decade, dropping to 3.6% of
GDP in 1980 and 1.2% in 1988 (Bresser Pereira, 1996: 58).
The military regime had embarked on a coincident reform of fiscal and
federal bargains in the 1960s, centralizing revenues and pursuing indus-
trial deepening through an alliance of domestic capital, foreign capital,
and state enterprises. When they suffered political setbacks, they opened
the federal system, attempting to absorb regional elites into their coalition
and offered ever greater incentives to restart growth. In the process, how-
ever, they undermined their federal bargain and eventually lost control of
public finance. General economic stagnation signaled the end of
debt-financed industrial deepening and fiscal incapacity at all levels of gov-
ernment, and hyperinflation indicated the bankruptcy of the fiscal federal
bargain elaborated by the military regime.
37
35
34.7 34.9 34.6
33 33.8 34.1 33.7
32.8
32.4
31 31.9 31.9
31.1
30.4
29
29.3
28.4 28.6 28.6
27 27.9
25
Income, 6.5
Federal
State
Circulation of goods
and services, 7.3
Social Security, 5.5
Vehicles, 0.6
2010.12 As before, social contributions hold several attractions for the cen-
tral government. First, while other federal taxes are shared with state and
local governments, contributions are not. Second, while contributions are
putatively reserved for specific outlays, they are frequently available for
other uses, either because the outlays would occur long in the future (as in
social security) or because the outlays were not particularly well monitored
by Congress. While contributions, as well as other indirect taxes, tend to be
regressive, their most important characteristic in the context of democrati-
zation is that they carry the political legitimacy of a promise. The govern-
ment commits to increasing social spending primarily benefitting middle
classes and popular sectors in exchange for increased contributions.
The federal government adapted its fiscal bargain around increased fis-
cal effort to raise revenues for social spending, but it took time to rework
the federal bargain in a complementary way. Subnational governments
enjoyed greater fiscal resources as a result of constitutionally mandated
decentralization, which raised the shares of federal taxes transferred to
78 A. SCHNEIDER
9 Conclusions
State capacity in Brazil has progressed in qualitative leaps in response to
new insertions in the international economy. These leaps have been marked
by changes to federalism and tax, which are tasked with accommodating
rising and falling elite and popular sectors in what can be called fiscal federal
bargains. Moments of coincident reform of both tax and federalism mark
the construction of a new fiscal federal bargain that increases state capacity.
Such moments have been rare, and more frequent have been moments of
divergent reform in which institutions of tax and federalism shift indepen-
dently, producing a disjuncture in fiscal federal bargains.
The approach taken in this chapter fits squarely within the relational,
historical, and transnational approach to tax taken in this volume (see Atria
et al., this volume). As an indicator of social relationships, tax offers a useful
measure of the ability of state actors to enter fiscal arrangements with soci-
ety to secure revenues needed to promote development. In fact, relation-
ships around tax intersect closely with federal relationships, as agreements
around revenues and benefits also carry implications for which levels of
governments and jurisdictions will concentrate control of resources. In
large federal countries like Brazil, state–society relations and interjurisdic-
tional agreements come together in fiscal federal arrangements.
Furthermore, contemporary outlines of revenues and federalism bear
the imprint of historical fiscal federal arrangements. Contemporary high
levels of revenue mobilization and centralization in certain areas of public
policy appear as the legacy of coincident reforms to tax and federalism.
Ongoing complexity and regressivity and fiscal imbalances in multiple
jurisdictions appear as the legacy of divergent reforms. The coexistence of
these seemingly opposing pieces of evidence is only intelligible through a
historical approach that treat current institutional arrangements as the
accretion of prior decisions.
STATE CAPACITY AND DEVELOPMENT: FEDERALISM AND TAX IN BRAZIL 81
Notes
1. http://www.ibge.gov.br/seculoxx/estatisticas_economicas.shtm.
Checked 3/19/07.
2. As Furtado notes, “Unconsciously, Brazil undertook an anticyclical policy
of larger relative proportions than had been practiced in industrial coun-
tries until that time” (Furtado, 1972: 192).
3. The only sources of revenue which were moved from the subnational to
the national level were the Unified Tax on Combustibles and Lubricants
(IUCL, by the abbreviation in Portuguese) and the tax on rural properties.
In relative terms, the states lost ground, but absolute revenues increased
with GDP growth (Blanco Cossio, 2002).
4. Municipalities received 10% of income tax, distributed equally, and they
were required to spend half on rural development (Lopreato, 2002: 32).
5. Furthermore, the states were required to share 30% of revenues with
municipalities, provoking an increase from 2000 municipalities in 1946 to
4000 in 1960 (Blanco Cossio, 2002: 31).
6. “On one hand, the tax format assured freedom to member units to manipu-
late tax and fiscal policy to defend their interests, and on the other, to create
federal mechanisms to support peripheral oligarchies, such that they could
reproduce their form of domination at the local level” (Lopreato, 2002: 34).
7. Collier refers to “a type of authoritarianism characterized by a self-avowedly
technocratic, bureaucratic, non-personalistic approach to policy making
and problem solving” in which authors vary in the number of additional
regime, coalition, and policy characteristics (1979: 364–371, 399–400).
8. Institutional Act Number Five of 1968 cut federal transfers in half, and
made them conditional on approval of local investment plans consistent
with central government priorities. Furthermore, 1967 tax reform greatly
82 A. SCHNEIDER
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PART II
Andrés Biehl and José Tomás Labarca
1 Introduction
On 24 October 1923, the Argentinian economist Raúl Prebisch, of the later
Economic Commission for Latin America and the Caribbean (ECLAC) fame,
sailed to Wellington, New Zealand, via New York. Dispatched by the minister
of Economy and Public Finances, his mission aimed to understand how the
rural economies of Australia and New Zealand had been able to implement a
viable income tax. Despite sharing a similar economic structure, powered by
agricultural and livestock exports, the Argentinian state had been unable to
build up institutional capacity through direct taxation. Working closely with
the Department of Taxation in Melbourne, Prebisch came to appreciate how
the Great War had widened the tax base and strengthened collection; how
technology had been used to calculate farm incomes (averaging incomes to
avoid fluctuations) to boost landowners’ cooperation; and how the tax regime
commanded the consent of citizens as it carried effective penalties on tax
We thank the editors of this volume and Germán Vera for their insightful
comments and suggestions that helped us improve this text both in form and
content. The usual disclaimer applies.
dodgers. While the Argentinian state weakened during the war as interna-
tional markets closed, exports stopped, and trade taxes plummeted, global
uncertainty had failed to break the Australian state. On the contrary, it
enhanced its resilience. While still in Australia, a telegram informed Prebisch
of a sudden shift in political fortunes back home that made him effectively
redundant.1
The travails of Prebisch help us summarize some stylized facts we know
about taxation. The story displays the common themes of war and state
making. Both Australia and New Zealand centralized direct taxes on
income and enlarged their domestic tax base during the conflict and would
do so again during the Second World War (Gilbert, 1943). Shared sacrifice
cemented cooperation and new administrative capacities reduced the costs
of collection along the pattern of other Western nations (Aidt & Jensen,
2009; Scheve & Stasavage, 2016; Tilly, 2006). The contrast with Latin
America could not be sharper. Throughout the nineteenth century, these
new republics resorted to easier and less costly taxes on foreign trade along
with international debt; while internal political strife dented elite coopera-
tion (Centeno, 2002; Gallo, 1991, pp. 145–146). However, as the twen-
tieth century dawned, Prebisch’s story also serves as a testament of Latin
American enthusiasm for foreign models of economic policy. As trade
taxes dried out, state actors veered toward direct taxation. The origin of
these early income taxes would prove fundamental to the evolution of
taxation in the region. All governments faced persistent adversity to gen-
eralize the income tax, to turn an originally class into a visible mass tax,
and, as Prebisch’s frustration would make plain, to stiffen bureaucratic
capacities with some autonomy from political patronage.
A restricted tax base constrained the productivity of the income tax and
reflected the collective action problems that economic and political actors
confronted as the state strove to improve consent and achieve compliance.
At a time of strong calls to develop national industries, this situation para-
doxically meant that the state continued to rely on other sources of reve-
nue such as debt and trade taxes. The difficulty in creating a mass, stable,
domestic tax was partly solved in the 1980s by the introduction of mass
value-added taxes (VAT). It successfully increased revenue, but at the
double cost of concealing the mutual obligations of state and citizen, and
making this invisible fiscal pact regressive.
In this chapter, we explore how uncertainty rendered taxation of trade
erratic and shaped the internal struggles to enact and reform a personal
income tax. We will understand uncertainty as a rare event or set of events
GLOBAL UNCERTAINTY IN THE EVOLUTION OF LATIN AMERICAN... 91
that are both unpredictable for some key actor and triggers intense conse-
quences.2 Uncertainty undermines what is taken to be a normal and habit-
ual state of things by introducing new disorder or ruining expectations
over existing order. Contrary to expectations that trade would pick up and
spearhead a return to economic prosperity after the First World War, the
new scenario forced the state to impose domestic taxes on its elites to sur-
vive. This class-based personal income tax was possible with the underly-
ing agreement that world demand for natural resources would recover,
thus making domestic taxation unnecessary.
The chapter is divided in four parts. First, we review the role that a
personal income tax plays in mediating uncertainty. Second, we turn to the
Latin American puzzle. Across the region, states discussed and adopted
income taxes as the global crisis drained traditional sources of revenue.
However, uncooperative behavior by existing elites, made worse by a lim-
ited capacity to broaden the tax base, hampered their growth. Despite
sharing this similarity, namely a limited domestic tax base, we review dif-
ferences of political and institutional processes between countries. Third,
as the income tax stagnated, we argue that the state remained exposed to
global uncertainty through international markets and trade taxes, both on
imports and exports. Instead of a stable and adapting fiscal pact, the labor
market absorbed and distributed uncertainty: a class tax reproduced the
fleeting and narrow social settlements between few organized economic
and political actors. This fragmentation precluded sustained collective
action and reduced the scope of taxation and social policy in the long
term. Fourth, we conclude by way of discussing our findings and their
relevance for today’s tax systems examining their transnational and histori-
cal dimensions. By studying Latin American income taxation, we propose
a novel perspective that questions the assumed linearity between income
taxes, mass taxation, and institutional building. This perspective highlights
the impact of transnational events in the fiscal pacts of the region.
of capital and coercion to a convergence in one model of the tax state sup-
ported, mainly, by domestic income taxes (Tilly, 2006). As war mobilizes
the nation, a growing fiscal base and extended feeling of shared sacrifice
spur progressivity, accountability, and redistribution (Scheve & Stasavage,
2016). This model works as long as citizens themselves are threatened by
war and conscripted into the army, with elites and state makers granting
democracy in return for revenue. The relationship between war and state
making does not necessarily hold, as we have learnt from recent interven-
tions; today’s wars can be fought with a ‘credit card’ without involving
institution building (Bueno de Mesquita & Smith, 2016, Chapter 5).
This approach also falls short of explaining Latin American taxation
(see Saylor, 2014, and in this volume). Since independence, the wars
fought by Latin American states were not conductive to permanent
domestic taxation and administrative efficiency, nor did they mobilize
entire nations (Centeno, 2002, pp. 261–280).3 Even if the pattern of rural
mobilization could define the contours of political plurality and democ-
racy in the future, for instance by originating political parties in Chile,
Colombia, and Uruguay (López-Alves, 2000, pp. 15–48), wars did not
enhance state administration. Social groups, particularly elites, were diffi-
cult to discipline, and trade taxes and debt, together with inflation and
currency debasement, were cheaper and more sensible options to fund the
state (see Saylor in this volume).
The biggest question for both European and Latin American state mak-
ing concerns how internal dynamics played out. Economic historians have
argued that self-interested elites created institutions that reproduced his-
torical inequalities and hampered the economic performance of Latin
America, including the possibility of democracy and income taxes (see
Coatsworth (2008) for a critical review). Sokoloff and Zolt (2006, 2007),
find that the extensive property and income taxes of colonial North
America reflected a level of political equality that allowed their communi-
ties to invest in education and redistribute to the less wealthy.4 This pat-
tern, they argue, is in stark contrast to the prevalent inequality and absence
of self-government in Latin American colonies that gifted their elites with
the privilege of little taxation. Absence of political representation and
property rights, has led to the general impression that Latin American
conservative elites opposed progressive income taxation. Extending such
reasoning to Europe, it was natural to think that as democracy expanded,
newly represented groups from liberal and working-class backgrounds
would introduce income taxes to wrest away the power of entrenched
landed elites and finance new social expenditures (Lindert, 2007).
GLOBAL UNCERTAINTY IN THE EVOLUTION OF LATIN AMERICAN... 93
wage moderation and high taxation in return for full employment and
increased public services (Mares, 2006).6 Risks and obligations were
shared. Central to tax compliance is the perceived fairness of market and
state provisions, which contribute to lower distributional conflict.
State and market complementarity requires sustained collective action,
supported by a tacit agreement and upholding of rules defining taxation
and insurance, between and within employers’ associations, unions, and
political actors. Collective action allows bargaining either at the state or
firm level to operate over time (Buchanan & Nicholls, 2003; Iversen,
2006; Swenson, 2002). While taxes and spending might provide a basic
net of reciprocity between state institutions and citizens, other forms of
support and insurance exist in farms, parishes, and firms. The limited
scope of charity and parish-based provision, in an emerging industrial set-
ting, is one of the reasons behind the growth of social spending in
Northern Europe (Lindert, 2007). In addition, non-monetary benefits
such as housing, and monetary contributions by employers reduced the
pressure on state insurance and taxation. Firms provide these benefits in
order to increase their workers’ loyalty and retain their best workers
(Akerlof, 1984; Swenson, 2002). This was often the case in countries with
industrial complexes supported by large domestic markets such as the
United States, where economies of scale allowed for reciprocal exchanges
between strong unions and firms for much of the twentieth century
(Swenson, 2002). Alternatively, in small open economies a larger tax base
and public insurance can allow firms to reduce social contributions and
non-monetary benefits; to outsource reciprocity to the state. Economies
in the periphery of world markets that relied on natural resources, such as
Scandinavia and Oceania, took advantage of a large domestic tax base that
supported public investment in infrastructure and education, reducing
their firms’ labor costs on training and insurance (Buchanan & Nicholls,
2003; Iversen & Stephens, 2008; Swenson, 1991, 2002).
In contrast, the Latin American states followed a distinct path to income
taxation, given uncertainty over trade taxes. Global markets for natural
resources were the site that originated most of the uncertainty that states
faced as policy makers counted on constant high demand for their coun-
tries’ commodities. Long accustomed to export-led growth, the First
World War disrupted trade routes while demand and prices for Latin
American resources dropped (Albert, 1988; Bulmer-Thomas, 2003). The
war had stricken markets unexpectedly (Ferguson, 2006), but what turned
uncertainty into a feature of Latin American economies was its continua-
tion into the 1920s and 1930s fueling increasing social discontent.
96 A. BIEHL AND J.T. LABARCA
Table 4.1 Features of 1920s and 1930s modern income taxes in selected Latin
American countries
Country Income tax act Guiding principles Previous domestic taxes
Note: Original personal income taxes that anticipated current income taxes
Sources: Adapted from CEPAL (1956); Unda Gutiérrez (2017); Sánchez Román (2012); Paz y Miño
Cepeda (2015); Díaz (1997); Mora Toscano (2013)
GLOBAL UNCERTAINTY IN THE EVOLUTION OF LATIN AMERICAN... 99
(Hanson, 1936, pp. 341, 381). Internally, however, things were more
complex. Many Latin American nations enacted unsuccessful income
taxes. Compare Bolivia in the 1920s with Uruguay much later in the
1960s. Following the Kemmerer mission, Bolivia tried to introduce an
income tax in 1928 without success. In 1951, falling export taxes on tin
finally moved Bolivian policy makers to establish a tax on personal incomes.
As the state lacked the bureaucratic means to enforce it, the tax met with
little compliance while different economic actors lobbied tax officials for
exemptions (Gallo, 1991, pp. 97–143). Often portrayed as an example of
state development in the region, Uruguay sits on the opposite extreme.
Although it boasted some property and domestic taxes on alcohol in the
early twentieth century, Uruguay only enacted a personal income tax in
1962 forced by adverse global conditions and an increasing demand for
public spending. It was repealed in 1975, given its low yield and high col-
lection costs as part of Bordaberry dictatorship’s stabilization program.9
Income taxation only returned to Uruguay in the 1990s (Barreix & Roca,
2007, p. 131). Despite remarkably different state capacities and levels of
economic prosperity, both countries could not sustain a productive income
tax given internal conflicts within their elites and working class groups.
Both countries enacted income taxes following a different mix of technical
advice and external uncertainty over revenue, but the tax stagnated due to
limited state capacity and collective action problems within political and
economic elites.
Longevity is a poor indicator of success. Many of the 1920s income
taxes that survived into the second half of the twentieth century fared
badly in terms of revenue production, compliance, and bureaucratic devel-
opment. Both Colombia and Ecuador illustrate that even if it remains
operational to this day, enacting an income tax does not guarantee its
expected success. Not conservatives, but progressives enacted an income
tax in Ecuador during the ‘Revolución Juliana’ that put an end to oligar-
chic liberal rule in 1925. After decades of political instability, the tax com-
manded little support and was lightly enforced. A dire fiscal crisis in the
1950s compelled the Ecuadorian state to reform the income tax to boost
collection only to be defeated by economic elites coordinated through the
chambers of commerce, agriculture, and industry (Paz y Miño Cepeda,
2015, pp. 139–140).
Colombia went through an analogous process earlier in time. It intro-
duced an income tax in 1918 due to falling commodity prices. Although
proportional (i.e. not progressive), so as to elicit cooperation among
100 A. BIEHL AND J.T. LABARCA
60
50
40
30
20
10
0
1910 1920 1930 1940 1950 1960 1970 1980 1990 2000
Fig. 4.1 Direct (income and property) taxes as percentage of the total revenue,
selected Latin American countries, 1920–1990
Source: Own elaboration with data taken from Brian Mitchell’s International
Historical Statistics (Palgrave Macmillan Ltd, 2013).
GLOBAL UNCERTAINTY IN THE EVOLUTION OF LATIN AMERICAN... 101
the wealthy. Vito Tanzi, for instance, contended that income concentra-
tion made mass income taxes unfeasible. Given local conditions, he pro-
posed that about 2% of Ecuadorians, 13% of Chileans, 21% of Venezuelans,
and 25% of Mexicans should be subject to income tax assessment and
payment (Tanzi, 1966, p. 160). If close to 5% of adults paid these income
taxes anyway, he pondered, why would the state waste resources in pre-
venting evasion by the remaining 95%?
With new data, we now know that this argument loses some merit on
comparative grounds. In the early twentieth century, most countries
exhibited significant wealth and income concentration (Milanovic, Lindert
& Williamson, 2010; Williamson, 2015) and taxed, accordingly, a small
section of their elites. What set Latin American income taxes apart was
that the income tax remained class-based. For instance, in 1932 the
Argentinian income tax was payable by around 2% of adults, while the top
marginal rate could reach 12%. By the 1950s, the top marginal rate had
increased to around 40%, but the tax base had increased only to 5%.
Compare it with the tax systems of Prebisch’s original mission. By 1915,
the top marginal rate of the Australian Federal income tax was set at 25%
with a tax base of 14% of the adult population; by the 1950s, the top mar-
ginal rate had surged up to 75% and the tax base to almost 60%. The
numbers for New Zealand were similar. Or consider income taxes in
Norway (1911) and Sweden (1902), both poorer and perhaps as unequal
as Argentina at the beginning of the twentieth century. With an initial top
income rate around 10% and 6%, respectively, and with a tax base of only
7%, by the 1950s, the top income rate grew to more than 70%, while the
tax base covered more than 60% of the adult population.12 In time, how-
ever, across Latin America tax rates became ever more progressive while
the tax became less productive (Arellano & Marfán, 1989; Herschel,
1977; Mann & Smith, 1988, p. 123).
An empirical regularity emerges: income taxes are originally instituted
to provide revenue as global crises drain trade taxes, but they become
nominally geared up to modernize the state and achieve social equality.
Although literature underscores the transformative power of the income
tax, as it can promote monetization and sustain redistribution, the Latin
American income tax expressed an entrenched class structure. By remain-
ing class-based, it excluded wage earners from negotiating politically the
fiscal pact. In a way, policy makers were aiming to square the circle: to
achieve more progressivity and productivity with a constrained tax base.
While inequality in Latin America remained crucial, a small tax base made
104 A. BIEHL AND J.T. LABARCA
the tax less easy to monitor and administer. A limited base means little
revenue even if taxed at high rates, and creates incentives to avoid paying
taxes altogether. This played into the state’s interest to avoid protracted
discussions in Parliaments so as to shift the burden of uncertainty to other
sectors of the economy and the labor market. The resulting fiscal pact
rested on a low base to gain workers’ loyalty and hinged on firms’ contri-
butions and non-monetary benefits to channel insurance.
Income taxes then became embedded in a wider fiscal pact that historically
relied on trade and indirect taxes on consumption (Bulmer-Thomas, 2003,
p. 406). Exemption, privilege, and evasion typified its functioning. Increasing
income tax progressivity was largely a rhetoric device because the state still
depended on indirect trade and consumption taxes that made the whole fis-
cal pact regressive. As a whole, the taxation systems of Latin America dis-
counted the future and were reformed as internal and external uncertainty
hit countries. Control of the political system by excluding wage earners from
the discussion of taxation led to unstable revenue and social spending.
In that sense, the stratification of the labor market and income taxation
became intertwined. The nub of this intersection laid in two collective
action problems. The first concerned the free rider problem of income
taxation. Although progressivity was increasing, so were loopholes and
specific privileges to firms and individuals supporting existing govern-
ments. As a result, both tax avoidance and evasion became pervasive as
economic actors competed to woo tax officials and political patrons for
preferential treatment, and the ensuing tax codes became more complex
(Herschel, 1977; Oszlak, 1970; Resk, 1969). This situation undermined
cooperation and the commitment to invest in administrative capacities to
spread the fiscal base.
The second involved a moral problem with regard to labor market insur-
ance. To mediate distributional conflict and gain workers’ loyalty, insurance
became stratified to favor better-organized groups. Organized workers
would strike and court governments to force employers to increase wages
and insurance. Governments would typically offer further tariffs and pro-
tection for firms to comply. Competition between and within unions pre-
cluded class solidarity. States gained cooperation by selectively associating
with supporters, excluding the rest. Note, however, that protected workers
themselves would have required to increase their own contribution in order
to include a larger section of the working class in social programs.13
Stratified insurance deepened the divide between formal and informal sec-
tors while, at the same time, raising the labor costs of protected firms
(Drake, 1996; Haggard & Kaufman, 2008; Roxborough, 2008).
Stratified inclusion meant further complexity in insurance systems,
prevalent evasion, and regressive outcomes. By the early 1970, Mesa Lago
calculated that the Chilean system of social insurance, then one of the
most advanced in the region, exhibited 30% more members in different
protection schemes than contributors; while in Uruguay, the state
exploited these same gaps to avoid contributing to social insurance (Mesa-
Lago, 1985, pp. 114, 199).14 Instead of fomenting compliance, this situ-
ation offered opportunities to receive insurance while avoiding social
contributions, and crucially, income taxation was not explicitly geared up
to fund social insurance.
The struggles to enact the income tax epitomized these collective
action problems and the many conflicts present in Latin American societ-
ies. Table 4.2 describes some features of income tax discussions and their
political consequences. Most income taxes were passed through decretos
by emergency governments or non-democratic regimes during the 1920s
Table 4.2 Motives and political consequences of personal income taxation
106
Country Party coalitions Urban employer position Rural position Working-class Political consequence
position
Argentina Decreto by policy Cooperation (of landed Divided: interior Against tax on Conflict between
makers. Conservative and industrial economic landowners (interior wages. Supported a federalists and
origin (Uruburu’s elites) oligarchy) were against class tax centralists; lack of
dictatorship, ratified by income tax. trust in the state
Congress in 1933); But other non-interior
Socialist opposition elites consented
Brazil Income tax was decreed. Against, non-cooperative. Against; regional Fragmented unions Conflict between
A. BIEHL AND J.T. LABARCA
Conflict among elites Regional conflicts and conflicts (urban vs. supported a class local states and
along regional lines fragmented class relations rural) tax urban/rural groups
Bolivia Decreto Divided elites Divided elites. Fiscal Not clear; not Conflict between
structure generated included in export classes and
competition between discussions or the state. Upper
mining elites (tin affected by the tax
classes support state
producers) and state makers initially to
officials fund the state
Chile Decreto. Liberal and Indifferent on tax; Support (at least Fragmented unions Taxation on incomes
conservatives supported supportive as long as they initially) supported a class does not lead to
a class tax. Socialists saw tax as part of industrial tax and economic political clusters.
supported class tax and protection nationalism New discussion
rejected taxes on wages about taxation of
natural resources
Ecuador Decreto by Revolución Chamber of commerce Against Supported a class Taxation on income
Juliana and agriculture were tax does not lead to
against political clusters
Mexico Liberal-progressive Against. Nevertheless, Against Supported a class Confrontation
supported tax as a business groups lacked tax between local and
symbol of the ideals of cohesion both between central elites during
the Mexican Revolution and within sectors construction of the
(National Confederation federal state
of Chambers of
Commerce and National
Confederation of the
Chamber of Industry were
the most important).
Fragmented opposition
Colombia Income tax acts of Against. Asociación Against (particularly the Supported a class Taxation on income
1918, 1927, and 1935 Patriótica y Económica ‘cafeteros’ and landed tax does not lead to
reacted to failing Nacional (APEN)’ was elites) political clusters. It
revenue from formed in 1935 in is considered a fiscal
international trade. opposition to the tax. need
Conservative origin in Attempted to agglutinate
1927, liberal different economic actors
continuation in 1935. against reform
Differences between and
within parties related to
graduated tax rates
Sources: Own elaboration with information from CEPAL (1956, pp. 142–153); Unda Gutiérrez (2017); Sánchez Román (2012); Paz y Miño Cepeda
(2015); Díaz (1997); Mora Toscano (2013); Marshall (1939); Gallo (1991); Lieberman (2003)
GLOBAL UNCERTAINTY IN THE EVOLUTION OF LATIN AMERICAN...
107
108 A. BIEHL AND J.T. LABARCA
and 1930s period of global uncertainty. The sudden impact of these crises
constrained the time devoted to deliberation over the fiscal pact. However,
despite the absence of democratic debates, opposition to income taxes was
less obstinate than could be expected. Naturally, organized wage earners
and newly created Socialist parties fought to be exempted, and won.15 And
yet, industrialists and some landowners consented to income taxation.
Taxation did not threaten their workers’ loyalty as they were tied by
paternalism.
In Argentina, the income tax was primarily a conflict between federal-
ists and centralists: landowners in the interior regions resented the central-
ization of taxes, but large, estancieros in and around Buenos Aires did not
oppose income taxation or other progressive policies (Hora, 2001;
Sánchez Román, 2012). The Argentinian example further illustrates the
nexus between elites and state investment. As long as elites saw the gov-
ernment working to their benefit, during the so-called ‘infamous decade’
of rigged elections and conservative rule, the income tax commanded
legitimacy and bred compliance. Similarly, in Brazil, income taxation gave
vent to entrenched regional struggles. This pattern can be found in more
centralized states such as Chile, where income taxation exposed the divi-
sions within political and economic elites in metropolitan and provincial
areas. Table 4.2 shows that antagonism or indifference toward the tax
stemmed from a variety of motives across the region.
It would be easy to put the stagnation of income taxes down to their
original sin, the absence of political representation and public deliberation
at the time of their inception (e.g. Sánchez Román, 2012). However, the
available information does not support the argument. In Argentina, the
tax was increasingly productive as long as the taxpaying elites saw the state
working in their favor. The tax stagnated through a double process. Once
Juan Domingo Perón became president in 1946, he resorted to easier
short-term policies to fund a fast program of domestic industrialization.
To that end, he introduced a state monopoly on the export of livestock
products, manipulating the exchange rate paid to producers, effectively a
tax on exports, and price controls. Despite increasing its progressivity,
Perón’s administration did not invest in the income tax, which lost credi-
bility as it became arbitrary (Sanchez, 2011, Chapter 3). As a result, the
main economic actors systematically avoided the tax. On comparative
grounds, plenty of income taxes that work to this day were introduced
under undemocratic regimes.16
GLOBAL UNCERTAINTY IN THE EVOLUTION OF LATIN AMERICAN... 109
The income tax remained volatile and expressed how states administered
both internal conflicts and their exposure to global uncertainty. We explain
this volatility in terms of the political consequences that the tax brought
about and that are listed in Table 4.2. A limited tax base meant that the tax
could not alter the stratification of Latin American societies as it taxed the
rich and remained unrelated to a long-term social objective (e.g. taxes for
insurance or social spending). While income taxation grew in Europe and
the United States, in Latin America it emerged to rescue a weakening state.
The income tax was seen just as a tool for a generic need of state revenue,
and not for a concrete set of policies. The tax became constantly modified
to respond to fiscal emergencies, while evasion became prevalent in both
tax systems and labor market social contributions. A well-defined social
objective would have provided the motive to use it legitimately as an instru-
ment to collect and redistribute income in the long run.17
Latin American income taxation vaguely delimited citizens’ obligations
as it was always easier to rely on cheaper options for revenue and insurance.
In Western nations, the income tax became a mass tax as it expressed the
shared sacrifice incurred in wars and deep distributional conflicts (Scheve &
Stasavage, 2016; Steinmo, 1993). It derived its legitimacy from the demar-
cation of civic obligations. In Latin America, in contrast, the state and the
fiscal pact drew legitimacy from social spending (Cousiño & Valenzuela,
2012; Lewis & Mitchell, 2008). Without a stable fiscal domestic pact,
spending became volatile and pro-cyclical as well (see Azar & Fleitas, 2012).
Through the lenses of taxation, one can conclude that the Latin American
state is legitimate as long as it can spend, not as long as it can tax.18
Nonetheless, social spending alone could not transcend class divisions as
it became targeted and stratified precisely in order to foster loyalty from
crucial economic and political actors (Drake, 1996; Finch, 1981; Oxhorn,
1998). State patronage extended to pockets of the working class and eco-
nomic entrepreneurs. State legitimacy was achieved through social spending
and economic protectionism, both financed mostly through taxes on natu-
ral resources managed by foreign companies, customs, price controls, and
inflation. Social inclusion became a form of ‘controlled inclusion’ (Oxhorn,
1998), as it avoided a collectively constructed fiscal and political pact.
Without stable domestic taxation, Latin American states internalized
uncertainty by taxing trade, making them fragile to external events.
Domestic fiscal pacts were in turn driven by short-term taxation and
spending. Even if redistribution was occasionally achieved, it was more
difficult to break the mechanisms that transmit inequality, for example
110 A. BIEHL AND J.T. LABARCA
5 Discussion
A recent report notes that income taxation is somewhat irrelevant in Latin
America. After two decades of strong growth, general consumption taxes
such as the VAT account for 28% of revenue in comparison with 8.7% on
personal income taxes. For OECD countries, these figures are 20 and 24%,
respectively, and the difference in social contributions is greater (OECD/
ECLAC/CIAT, 2017). Although the report displays a lot of internal varia-
tion, it confirms that light personal income taxes still characterize the fiscal
pact of many Latin American countries. Today’s meager income taxation
stems from the historical processes discussed in this chapter. Note that
modern Welfare states compensate regressive taxation with progressive
expenditures; regressive taxation is required to fund increasing demands
for social insurance (Kato, 2003). The Latin American model is distinct in
this respect. Absence of mass direct taxation signals the state’s continued
exposure to uncertainty and, lately, the consolidation of a regressive fiscal
pact through consumption taxes with little progressive spending.
The fiscal crises of the 1970s and 1980s, which put an end to import-
substitution strategies, left states with new taxation tools to compensate
for the loss of trade. As countries opened up to the global economy, low-
ering tariffs and export taxes, revenue was sought through mass indirect
taxes on consumption, mainly the VAT (Mahon, 2004). Although these
taxes were generally successful (e.g. Bird & Gendron, 2007), they were
again the product of technical guidance with little public deliberation,
often under military administrations. As they remain concealed in con-
sumption goods, they are less visible and therefore, less contentious.
Despite shielding the state to global uncertainty by raising revenue from
domestic sources, these taxes bear disproportionately on the incomes of
the poor. So, while consumption taxes are efficient, cheap to administer
and monitor, and have provided the state with resources to spend in times
of crises, their political implications are more problematic.
GLOBAL UNCERTAINTY IN THE EVOLUTION OF LATIN AMERICAN... 111
indirect), Latin American states never expanded the base and capacities
of the personal income tax as they lacked a compromise on social
expenditures.
Naturally, as this book makes clear, this does not mean that capital and
profit income taxes are necessarily high or set at desirable rates. What it
shows is that Latin American taxation systems, as a whole, are regressive
partly because of the unintended political consequences of having a class-
based personal income tax. The absence of a mass income tax, one that
truly permeates society, shapes political bargaining by taking the whole
question of taxation out of democratic and public deliberation. In agree-
ment with the tenets of this volume, this chapter shows that although fair
contributions from the elites are crucial to sustain a more egalitarian soci-
ety, they fall short of producing a long-term and sustainable fiscal pact. A
sustainable pact needs to protect the state from uncertainty by tapping
into more diversified sources of revenue. This is a lot easier when it links
visibly citizenship, and its obligations, to social policy and the state thus
providing long-term legitimacy.
Transnational events have historically shaped the trajectory of Latin
American states and labor markets. By looking into the economic crises of
the 1920s and their effect on internal discussions over domestic taxes, we
can better grasp how labor markets continue to process global uncertainty
while taxation and insurance remain stratified. The resulting fiscal pact has
not made explicit and clear the obligations of citizen to state, and state to
citizen. Latin American economic actors still face collective action prob-
lems to sustain long-term agreements on insurance and taxation, while the
state retains some legitimacy through spending, not taxation. The techni-
cal efficiency of the VAT does not compensate for the loss of visibility of
state–citizen nexus (Atria, 2014).
Income taxes stem from international events that put an end to stable
economic expectations over growth and insurance. States throughout the
1920s and 1930s attempted to transform the economies of Latin America
by promoting internal industries while clinging to the illusion of low
domestic taxes and a future return to commodity booms. The sole objec-
tive of the tax was revenue to compensate external deficits. The tax could
not become a growing presence of Latin American fiscal pacts as it was not
tied to a permanent social objective. Social policies, labor markets, and
taxation were discussed separately. Not surprisingly, state institutions
could not mediate successfully global uncertainty. Industrial gains during
the twentieth century went hand in hand with economic instability. Social
GLOBAL UNCERTAINTY IN THE EVOLUTION OF LATIN AMERICAN... 113
Notes
1. On Prebisch’s mission, Dosman (2010, pp. 48–50), Prebisch (1991a,
1991b).
2. For fragility and uncertainty we follow Taleb (2010, 2013). See also Japp
& Kusche (2008).
3. Even if the threat of war might sporadically increase the total revenue in the
twentieth century (Thies, 2005), the form of taxation remains the same.
4. However, US colonies were heavily subsidized by the United Kingdom
(Elliott, 2006). What is more, the pattern of Latin American taxation
under the duress of war resembles the reaction of Confederate states dur-
ing the American Civil war. Attempts to introduce income taxes are
defeated in favor of an export tax on cotton while the Union successfully
introduced an income tax (Webber & Wildavsky, 1986).
5. Reciprocity could be formalized either through negotiated rules or by
feeding into a shared sense of nationhood (Bräutigam, 2008; Lieberman,
2003; Martin, Mehrotra, & Prasad, 2009).
6. Those public services were often financed through indirect regressive taxa-
tion, but as part of a politically constructed fiscal pact (Kato, 2003;
Steinmo, 1993).
7. The share of exports to the United States was particularly important in
Central America. European economies, especially Britain, took most of
South American exports (Bulmer-Thomas, 2003). Fall in export prices
affected revenue in the entire Latin America with the arguable exception of
Honduras and Venezuela where foreign companies left little in terms of
tax. In general, exporters of minerals suffered more than exporters of agri-
cultural and pastoral produce.
8. This is naturally a permanent feature of many export-oriented economies
and is often referred to as a resource curse. One of the consequences of
having a small subset of exports is the fact that it is difficult to jump ship
when a commodity is devalued.
9. Short-lived income, profit, and inheritance taxes were replaced by indirect
taxes on consumption (Finch, 1981, pp. 259–260; Harberger, 1989).
114 A. BIEHL AND J.T. LABARCA
Uruguay was slow to enact income taxes although it boasted some land
taxes and some sale taxes on alcohol. Tax exemptions were used to buy the
loyalty of caudillos as the state became centralized (López-Alves, 2000,
2002). Anticipating little compliance from landed elites, the Uruguayan
state relied on export taxes.
10. Although this pattern is not unique to Latin America, see Bird & Oldman
(1968, pp. 10–11); Lee (1978); Levi (1988); and Oszlak (1970).
11. A compelling comparison is the discussion over income taxation in the
Soviet Union as Soviet policy makers saw these same problems in class taxa-
tion (Kotsonis, 2004, p. 563; Davis, 1967, p. 307; Nove, 1993, p. 357).
12. For data on personal income taxes and inequality see Aaberge & Atkinson,
2010; Alvaredo, 2010; Atkinson & Leigh, 2007a, 2007b; Borge & Rattsø,
1997; Roine & Waldenström, 2010.
13. As Horowitz (2008, pp. 105–114) shows that both labor and capital
opposed an act that aimed to implement a universal pension system because
including new workers in insurance required more taxes. This contrasts
with Scandinavia, where unions in richer branches of industry subsidized
poorer unions to foster compliance with collective agreements (Galenson,
1969, 1970).
14. Naturally, Latin American countries tried to adapt stratified insurance
from Germany and France. These depended on large industries where
both employers and employees could contribute to social insurance. These
systems also generated inequality but evolved toward more universal
inclusion (Baldwin, 1999). Latin America, in contrast, protected few, and
moves toward increasing spending met with fiscal crisis and little solidarity
from workers.
15. Interestingly, the left had the same problem in Australia. War and the need
for progressive taxation to fund social insurance convinced the left to
accept income taxes on wage earners (Robinson, 2005).
16. Other explanations concern the extent of the wage economy in Latin
America. Particularly, income taxpayers are only possible if the economy is
monetized. Although this affected predominantly rural workers, other coun-
tries were successful in enlarging their tax bases despite a large proportion of
their labor force working in agriculture (e.g. in Oceania or Scandinavia).
A better explanation might be the chronic inflation experienced by these
countries. Inflation reduced the tax burden and increased evasion.
17. An example of this is the first universal pension reform in Sweden (Edelbak
& Olsson, 2010).
18. For instance, the Chilean government used to approve spending before
taxation from the 1920s to the early 1970s. Hence, it was difficult to make
taxation a visible component of social reciprocity and gain legitimacy
(Arellano & Marfán, 1989).
GLOBAL UNCERTAINTY IN THE EVOLUTION OF LATIN AMERICAN... 115
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Journal of Political Science, 49(3), 451–465.
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America in the 20th Century (Inter-Amer). Baltimore: John Hopkins University
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MA: Blackwell.
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M. Prasad (Eds.), The New Fiscal Sociology: Taxation in Comparative and
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University Press.
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Property and Income Tax Decrees in Post-revolutionary Mexico. Investigaciones
de Historia Economica, 13(2), 107–116.
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data.worldbank.org
CHAPTER 5
Juan Carlos Gómez Sabaini, Osvaldo Kacef,
and Dalmiro Morán
1 Introduction
Latin American economies are particularly volatile. This characteristic is
largely associated with a chronic shortage of foreign exchange that under-
pins the region’s characteristic stop–go growth style,1 where it is usual for
growth periods to ultimately conclude with a balance of payments crisis.
In turn, the chronic shortage of foreign exchange is linked to an inter-
national mode of economic insertion that is heavily specialized in the
The authors express their gratitude to Juan Pablo Jiménez, Miguel Angel
González and Ignacio Ruelas for their valuable support, comments and
suggestions.
Second, the different policies regarding taxation in both mineral and oil
sectors followed by the governments of the countries under analysis will
be reviewed. The analysis will also include updated statistical data to illus-
trate recent developments and the great relative weight of these resources
and high fluctuations in several countries. The countries chosen for this
analysis are Bolivia, Chile, Colombia, Ecuador, Mexico, Peru and
Venezuela as these are the major exporters of the region and where fiscal
revenues (tax and non-tax) derived from the exploitation of NRR are
highest, in relative terms.4
Through a transnational perspective, the chapter shows how tax sys-
tems in the region are partly determined by the international insertion,
thereby highlighting the importance of considering not only the aggre-
gate but also the differential impact of different fiscal tools. The chapter
concludes by arguing the need for further efforts to balance the multiple
challenges and trade-offs derived from this international insertion and fis-
cal specialization in natural resources. The question posited is how to
build a sound, sustainable and diversified tax system capable of maintain-
ing reasonable investment dynamism, and simultaneously achieving a pro-
gressive state participation in economic rents derived from natural resource
extraction. This challenge also includes achieving an adequate sharing of
risk between governments and investors and assuring compliance with a
reasonably low administrative cost.
the global financial crisis, in subsequent years the prices of these products
demonstrated a remarkable recovery that lasted during 2011 and part of
2012. The slowdown of the world economy since 2013, among other fac-
tors, has led to a correction in the price level and a moderation (and grad-
ual reversion) of the upward trend observed during the last decade.
In countries whose production structure is dominated by NRR, the
usual challenges of fiscal policy are generated by the intrinsic characteris-
tics of these commodities. In line with what has been discussed in the first
section of this chapter, the volatility and unpredictability of commodity
prices can complicate fiscal policy, making it difficult to determine an
appropriate and sustainable level of public spending. In addition, because
natural resource reserves are finite this means that fiscal policy design must
also provide for considerations of intergenerational equity.
Together with these characteristics, there are other factors which com-
plicate the assignment of revenue from natural resources between differ-
ent levels of government of the same country. One of these is the great
geographic concentration of the reservoirs, and therefore of the tax base.11
Oils and minerals are often discovered and exploited in sparsely populated
areas and this potentially creates huge horizontal imbalances if rents are
assigned exclusively, or mostly, to subnational governments. Large imbal-
ances stimulate political pressures and provide theoretical grounds for
national equalization of these resources (Brosio & Jiménez, 2012).12
Countries specialized in NRR are, however, far from being an homoge-
neous group. There are significant differences with respect to the non-
renewable product in which they have specialized. These include: the
importance of this product in the economy, its price variation, the size of
the resource reserves or deposits, the fiscal impact of the revenue from its
exploitation, the degree of diversification of the tax structure, the compo-
sition of expenditure, and the level of debt. All these characteristics are of
great importance for the design of an appropriate fiscal policy. These fea-
tures and differences result in a particular tax base on which the govern-
ments of the region are highly dependent. In addition, the same type of
NRR can have very different consequences over growth and sustainable
development in general, depending on the specific context in which they
are extracted (i.e., productive diversification, non-renewable resource gov-
ernance, macroeconomic framework), an aspect that increases the hetero-
geneity among them.
The appropriation of rents derived from the exploitation of NRR can
also be a challenge. This applies not just to the question of who must
132 J.C. GÓMEZ SABAINI ET AL.
appropriate them, as there are numerous ways in which this can be done,
all with variable efficacy. Additionally, those who manage the exploration
and exploitation technology have information that the state does not pos-
sess. This is an advantage during the negotiation of prices and contractual
conditions. Conversely, a delay may arise because of the need to invest
most of the capital at the beginning of the project. Appropriation of rents
is mediated by the governance structure and even in the case of similar
resources structures can differ because the institutional framework within
NRR governance is inserted and developed, and is subject to path-
dependent effects (North, 1993), highlighting even more the marked het-
erogeneity between countries of the region.
Over the past decades a strong diversification in the range of fiscal instru-
ments—both tax and non-tax—took place in extractive industries within
most countries. These instruments include royalties, resource rent taxes,
windfall taxes, corporate income taxes, and diverse forms of state owner-
ship. Each has its advantages and disadvantages with respect to the impact
on investor behavior, the degree of progressivity,13 the sharing of risk
between the government and investor, and the administrative and compli-
ance costs.14
Fiscal instruments can be differentiated between those based on earn-
ings (or any definition of income net of related costs) and those deter-
mined by the physical amount or the economic value of production,
regardless of whether they fall on reserves or on inputs and services used
in the exploitation. In addition, there are various mechanisms that enable
state participation, active or passive, in the production or profits of private
companies.
It can be said that in both the oil and mining sectors a robust fiscal regime
is one that produces a reasonable sharing of risk and economic rents between
the governments and investing companies over a wide range of outcomes
where prices, costs, and the quality of any discoveries are uncertain.15
As can be observed in Fig. 5.1, there are multiple trade-offs between
the different evaluation criteria of fiscal instruments (with the arrows indi-
cating stronger intensity of each one). Moreover, there is a permanent
tension between the objectives of maintaining reasonable investment
dynamism and concurrently achieving a progressive state participation in
INTERNATIONAL INSERTION, VOLATILITY AND FISCAL RESOURCES... 133
Signature Production
Bonuses Bonuses
Stability/Government Risk
Neutrality/Efficiency
Progressivity/Flexibility/Equity
Fig. 5.1 Evaluation criteria of the main fiscal instruments applied in extractive
industries
The amount and stability of tax revenues from the hydrocarbon sector19 and
for the mining sector can be analyzed by utilizing different indicators that arise
from weighting the total amount of these resources (both tax and non-tax
136 J.C. GÓMEZ SABAINI ET AL.
4.1 Hydrocarbons
Considering the first indicator (i.e. tax burden) it can be said that the
upward cycle in the international price of oil (particularly crude oil) that
began in the early years of the last decade led to an increase in tax revenues
from the exploitation of these natural resources in several countries in the
region. Their economic significance, however, differs among the
countries.
Table 5.1 presents, in the third column, the average values (accumu-
lated data calculated on the basis of current national currency) of the tax
burden represented by these resources in three different periods:
2000–2003 (before the upward price cycle), 2005–2008 (years of high
growth in international prices of primary products), and 2010–2014 (after
the international financial crisis of 2008–2009).20 A detailed look at the
available data allows us to assess the changes—in some cases, very impor-
tant ones—made in the structure of regional tax systems. Changes are
observable even though these tax systems are characterized by different
criteria regarding ownership of resources, state involvement in production
(with the participation of large state-owned enterprises) and the applica-
tion of fiscal instruments such as the tax on corporate income, royalties
and others.21 In addition, we can observe the marked heterogeneity that
characterizes these tax regimes for the hydrocarbon sector, as well as the
different economic strategies and political ideologies that countries show
in their efforts to achieve an adequate fiscal appropriation of a fraction of
the rents generated in these activities.
In terms of their fiscal burden, a glance at Table 5.1 allows us to iden-
tify three groups among the selected countries. In the first group compris-
ing Ecuador, Bolivia and Venezuela (in decreasing order of magnitude),
revenues derived from the exploitation of hydrocarbons have a high degree
INTERNATIONAL INSERTION, VOLATILITY AND FISCAL RESOURCES... 137
of importance, reaching levels that are near or even above 10% of their
GDP for the last period considered (2010–2014). In the second group,
indicated by Mexico and Colombia, revenues from hydrocarbons were
also important, to a lesser extent, with values of 5.3% and 3.4% of the
GDPs, respectively. Finally, in Peru this source of revenue did not reach a
significant magnitude (at least relative to other sectors in the economy)
with values around 1% of GDP.
Table 5.1 also shows the structure of the relative shares of fiscal revenue
from hydrocarbon production in the six countries considered, establishing
the same three periods of the previous analyses. Largely because of the
reforms implemented during the period of booming prices, countries such
as Bolivia and Colombia exhibit tax regimes with some degree of diversi-
fication in their structure and with variable shares on corporate income
tax, royalties (usually fixed) and other more-specific instruments. This
contrasts sharply with the case of Peru, where the major part of the tax
revenues derived from its oil and gas sector come from royalties.
Another group of countries can be identified where other sources—
differing from corporate taxes and royalties—represent the biggest share
of hydrocarbon revenue. This is the case of Bolivia, Ecuador, Mexico and
Venezuela with 6.3%, 12.8%, 5.3% and 5.1% of GDP, respectively. In par-
ticular, Ecuador and Mexico represent two special cases where the fiscal
revenues from hydrocarbons, as a proportion of total fiscal revenues, are
null; nevertheless, tax revenues in the sector are linked more directly with
control mechanisms and operational management of the respective domes-
tic enterprises. Data for Ecuador are often presented as oil revenues from
the central government (for domestic sales and exports) without discrimi-
nation on the fiscal instrument; whereas in the case of Mexico, virtually all
revenue considered corresponds to rights on hydrocarbons (“derechos a los
hidrocarburos”) with a marginal share coming from the tax on returns.
Additionally, several of these countries show an uneven evolution of the
tax burden in the hydrocarbon sector. For example, thanks to structural
reforms made in the price boom period (e.g., the change of tax regime
with the creation of the Direct Tax on Hydrocarbons (“Impuesto Directo
a los Hidrocarburos”) (HDI) and the readjustment of royalties), Bolivia
took the average amount of tax revenue with values between 2 and 3
points of GDP in the 2000–2003 period, to values between 8 and 12% of
GDP from 2006. This unique trend was also recorded, with some varia-
tions, in Mexico, Ecuador and Colombia. Conversely, a recent decline in
oil revenues from the peak values reached in the years before the crisis has
been observed in Venezuela.
Table 5.1 Latin America (selected countries): Structure and relative indicators of fiscal revenues generated by the production of
hydrocarbons
Countries Source In proportion to GDP (%) In proportion to fiscal revenue (%) % of hydrocarbon revenue Coefficient
of variation
2000–2003 2005–2008 2010–2014 2000–2003 2005–2008 2010–2014 2000–2003 2005–2008 2010–2014 2000–2014
Bolivia Total tax 15.4 18.5 20.6 63.4 57.7 59.4 (:) (:) (:) 12.6%
revenue
Corporate tax 0.1 0.6 0.6 0.6 1.9 1.8 5.2 6.9 6.1 36.10%
Royalty 2.6 3.3 3.6 10.4 10.1 10.3 94.8 35.8 34.1
Others 0 5.2 6.3 0.0 16.2 18.1 0.0 57.3 59.8
Total 2.7 9.1 10.6 11.0 28.2 30.2 100 100 100
Colombia Total tax 14.3 17.2 22.9 49.3 59.0 80.6 (:) (:) (:) 20.6%
revenue
Corporate tax 0.4 0.7 1.1 1.3 2.6 3.7 22.9 30.9 31.1 46.40%
Royalty 0.8 1.0 1.2 2.9 3.4 4.1 51.2 41.3 33.9
Others 0.4 0.7 1.2 1.5 2.3 4.2 25.9 27.8 35.0
Total 1.6 2.4 3.4 5.6 8.3 12.0 100 100 100
Ecuador Total tax 15.2 18.3 22.2 70.3 67.8 58.4 (:) (:) (:) 17.2%
revenue
Corporate tax 0.0 0.0 0.0 0 0 0 0 0 0 43.10%
Royalty 0.0 0.0 0.0 0 0 0 0 0 0
Others 5.7 8.7 12.8 29.3 35.3 38.2 100 100 100
Total 5.7 8.7 12.8 29.3 35.3 38.2 100 100 100
Mexico Total tax 10.0 8.5 9.4 69.5 55.2 58.1 (:) (:) (:) 8.1%
revenue
Corporate tax 0.0 0.0 0.0 0 0.2 0.1 0 0.5 0.3 10.20%
Royalty 0.0 0.0 0.0 0 0 0 0 0 0
Others 3.0 5.9 5.3 21.1 38.1 32.6 100 99.5 99.7
Total 3.0 5.9 5.3 21.1 38.3 32.7 100 100 100
Peru Total tax 12.8 15.7 16.2 83.9 85.6 85.9 (:) (:) (:) 10.6%
revenue
Corporate tax 0.1 0.3 0.4 0.5 1.4 1.9 15.4 24.1 27.2 43.70%
Royalty 0.4 0.8 1.0 2.7 4.5 5.0 84.6 75.9 72.8
Others 0.0 0.0 0.0 0 0 0 0 0 0
Total 0.5 1.1 1.4 3.2 5.9 6.9 100 100 100
Venezuela Total tax 11.5 15.1 13.7 53.4 54.6 54.6 (:) (:) (:) 15.3%
revenue
Corporate tax 2.1 3.5 1.4 9.5 12.7 5.7 19.8 25.1 14.5 21.40%
Royalty 5.6 9.5 3.3 25.6 34.8 13.2 53.2 68.8 33.6
Others 2.8 0.8 5.1 13.0 3.0 20.4 27.0 6.0 51.9
Total 10.5 13.8 9.9 48.2 50.6 39.3 100 100 100
Countries Total tax 13.2 15.6 17.5 65.0 63.3 66.2 (:) (:) (:) 14.1%
average revenue
Corporate tax 0.4 0.9 0.6 2.0 3.1 2.2 10.6 14.6 13.2 33.48%
Royalty 1.6 2.4 1.5 6.9 8.8 5.4 47.3 37.0 29.1
Others 2.0 3.5 5.1 10.8 15.8 18.9 42.2 48.4 57.7
Total 4.0 6.8 7.2 19.7 27.8 26.6 100.0 100.0 100.0
Source: Author’s elaboration based on Gómez Sabaini et al. (2015), using official information of countries and data from Economic Commission for Latin America and the
Caribbean (ECLAC)
140 J.C. GÓMEZ SABAINI ET AL.
4.2 Minerals
Similar to the hydrocarbon sector, the tax regimes applied to the mining
sector can be analyzed descriptively considering the amount and represen-
tativeness of tax revenues obtained by producer countries in Latin
America.22 In addition, for the purposes of this chapter, it is useful and
illustrative to proceed in comparative terms, attempting to identify the
major similarities and/or differences relative to the hydrocarbon sector of
these countries. Thus, the same periods discussed in the previous section
are taken as a reference.
First, in regard to the composition of the taxes applied to mining activ-
ity in Latin America, in stark contrast to what happens in the hydrocarbon
sector, the diversity of the instruments is much more limited. Shown in
Table 5.2, the corporative income tax is the dominant fiscal instrument.
The common practice observed at the regional level, especially in the min-
ing sector, makes royalties emerge as a mechanism to marginally increase
the effective rate of the corporate income tax paid by mining companies.
In a way, countries have resorted to introduce such royalties as a way to
ensure that the mining sector makes a relatively higher fiscal contribution
than companies in other economic sectors. This is often justified by the
fact that it constitutes an exploitation of a non-renewable natural resource
that is owned by the state. In that sense, fixed royalties make it possible to
ensure minimum revenue for public funding with the advantage of admin-
istration simplicity. In their modern version, when a fixed minimum pay-
ment is established but its actual determination is subject to the
performance or operating margins of private enterprises, these advantages
are maintained and it also endows companies with greater flexibility to
face changes in the financial equation of projects.
Following the calculations of the World Bank (World Development
Indicators), the potential of the mining sector rents has increased strongly
since 2003, especially in countries with greater mining traditions and a
significant share of this sector in the economy. This was evident in cases
like Chile, where although mining sector rents decreased to 16% of GDP
Table 5.2 Latin America (selected countries): Structure and relative indicators of fiscal revenues generated by the production of
minerals
Countries Source In proportion to GDP (%) In proportion to fiscal revenue (%) % of mining revenue Coefficient
of variation
2000–2003 2005–2008 2010–2014 2000–2003 2005–2008 2010–2014 2000–2003 2005–2008 2010–2014 2000–2014
Bolivia Total tax 15.4 18.5 20.6 63.4 57.7 59.4 (:) (:) (:) 12.6%
revenue
Corporate tax 0.0 0.2 0.4 0.0 0.6 1.2 11.8 32.2 42.8 65.70%
Royalty 0.1 0.5 0.6 0.4 1.4 1.6 88.2 67.8 57.2
Others 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
Total 0.1 0.7 1.0 0.4 2.0 2.8 100 100 100
Chile Total tax 20.1 24.2 21.6 100.0 100.0 100.0 (:) (:) (:) 8.9%
revenue
Corporate tax 0.3 5.0 2.6 1.7 20.2 11.9 43.3 72.0 86.5 72.70%
Royalty 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
Others 0.5 1.9 0.4 2.3 7.9 1.9 56.7 28.0 13.5
Total 0.8 6.9 3.0 4.0 28.1 13.8 100 100 100
Colombia Total tax 14.3 17.2 22.9 49.3 59.0 80.6 (:) (:) (:) 20.6%
revenue
Corporate tax 0.1 0.3 0.1 0.2 0.8 0.5 37.2 51.2 35.8 50.10%
Royalty 0.1 0.2 0.3 0.3 0.7 0.8 62.8 48.8 64.2
Others 0 0 0 0 0 0 0 0 0
Total 0.2 0.5 0.4 0.5 1.5 1.3 100 100 100
Mexico Total tax 10.0 8.5 9.4 70.3 67.8 58.4 (:) (:) (:) 8.1%
revenue
Corporate tax (:) 0.1 0.2 0.3 0.8 0.9 95.7 94.7 89.3 (:)
Royalty (:) 0 0 0 0 0.1 4.3 5.3 10.7
Others (:) 0 0 0 0 0 0 0 0
Total (:) 0.1 0.2 0.3 0.8 1.0 100 100 100
Peru Total tax 12.8 15.7 16.2 83.9 85.6 85.9 (:) (:) (:) 10.6%
revenue
Corporate tax 0.2 2.0 1.0 1.0 9.9 5.0 100.0 93.4 78.7 76.80%
Royalty 0 0.1 0.1 0 0.7 0.6 0 6.6 10.0
Others 0 0 0.1 0 0 0.7 0 0 11.3
Total 0.2 2.1 1.3 1.0 10.6 6.4 100 100 100
Countries Total tax 14.5 16.8 18.2 73.4 74.0 76.9 (:) (:) (:) 12.2%
Average revenue
Corporate tax 0.2 1.5 0.9 0.7 6.5 3.9 57.6 68.7 66.6 66.33%
Royalty 0.1 0.2 0.2 0.1 0.6 0.6 31.1 25.7 28.4
Others 0.1 0.4 0.1 0.5 1.6 0.5 11.3 5.6 5.0
Total 0.3 2.1 1.2 1.2 8.6 5.1 100.0 100.0 100.0
Source: Author’s elaboration based on Gómez Sabaini et al. (2015), using official information of countries and data from Economic Commission for Latin America and the
Caribbean (ECLAC)
144 J.C. GÓMEZ SABAINI ET AL.
revenues. Values of this indicator can, in the worst cases, be nearly eight
times higher than the values for the variation in total fiscal revenues. They
also suggest that mining revenues have a more volatile pattern than hydro-
carbon revenues, which in no case exceeded 50%.
While all countries in the sample experience a high degree of volatility
from this source of funding, Chile and Peru seem particularly critical given
that the coefficient of variation rose to values superior to 70%. Although
there is a very high mean coefficient of variation for mining countries of
66%, Peru and Chile surpass this value, indicating that, on average, their
mining revenue is more volatile.
In the case of Chile whose resources are derived from the highly volatile
copper, the greater stability of total tax revenues (together with the lower
share of resources from non-renewable products over the total) causes a
smaller fluctuation of this variable than the average of the region. The high
volatility of these tax bases is neutralized as the greater level of diversifica-
tion of tax revenue structures and the variability of revenue are largely
determined by the participation of resources from non-renewable prod-
ucts in the total.
As shown in Table 5.2, and in opposition to the hydrocarbon sector,
there is a clear pattern among the selected mining countries, all of which
currently obtain most of their mining revenues through the corporate
income tax (Chile, Ecuador, Mexico and Peru) and/or royalties (such is
the case for Bolivia and Colombia). In fact, this pattern is accentuated over
the course of the analyzed years, since Chile, the bigger producer and
exporter of the region, moved from “others” to corporate income tax as
its main source of revenue due to the introduction of the Specific Tax on
Mining Activity, whose mechanics will be discussed in the next section.
Given the magnitude and persistence of the upward price cycle from
2003 onwards, the countries involved in producing and exporting found
sufficient space to introduce substantial reforms in tax regimes applied to
the extractive sectors. As highlighted in ECLAC (2013), between 2005
and 2012 the most important legal reforms to ensure public control of
NRR focused on the hydrocarbon sector. Measures to enhance state con-
trol included the nationalization of the sector through joint ventures in
Venezuela (between 2005 and 2007); the nationalization of hydrocarbons
and the re-nationalization of the Huanuni tin mine in Bolivia (2006); the
nationalization of Colquiri mine in Oruro, Bolivia (2012); and the rene-
gotiation of oil contracts in Ecuador (2010). In the latter, production-
sharing contracts were changed to service contracts where the state owns
all crude oil extracted on the condition that the government would cap-
ture 100% of possible increases in oil prices.
Additionally, other governments strengthened state ownership mecha-
nisms such as royalties, usually based on production, and specific taxes.
This has been especially important in the mining sector, where fundrais-
ing by state participation in enterprises has been relatively rare. Royalties
and taxes have ensured a minimum payment for resources to national and
subnational governments as a growing number of countries introduced
reforms in the systems applicable to royalties—these include Bolivia
(2005), Ecuador (2010), Colombia (2011) and Peru (2011).
Furthermore, in Ecuador the reform of the Hydrocarbons Law estab-
lished the “margin of sovereignty” designed to guarantee a minimum
revenue for the state against possible price decreases by an amount of 25%
of the gross production value.
In some of these cases, not only the levels of taxation have been altered
but also scales of varying aliquots were established according to easily veri-
fiable criteria, such as the level of production, location and depth of the
wells, the type of resource extracted, or other variables related to the cost
structure. For example, in Peru, since the amendment of the Mining
Royalties Law in September 2011, this instrument is no longer based on
sales (in force since 2004) but on the operating margin where a scale of
marginal tax rates applies progressively ranging from 1% to 7.14% (with a
maximum effective rate of 12%), depending on the company’s operating
margin. Traditional income taxes, but with multiple rates and other special
charges, have been applied, often with progressive rates on public or private
companies engaged in NRR exploitation. This has been reinforced with the
introduction of new collection instruments between 2005 and 2012.
INTERNATIONAL INSERTION, VOLATILITY AND FISCAL RESOURCES... 147
Although there have been some advances, with some of the analyzed
countries moving toward this direction in recent years, one of the key pil-
lars to build this policy space continues to be the creation of countercycli-
cal fiscal capacities or sustainable fiscal positions over time. This allows,
when necessary, programs aimed at counteracting the social effects of the
periods of downturns, such as unemployment and the exacerbation of
poverty. Increasingly, the demands for more-efficient and transparent
public action have become a central issue, simultaneously making possible
greater citizen participation. This would contribute to the legitimacy of
public policies and the necessary taxes to provide them with long-lived
support and ultimately improve democratic governance.
Notes
1. For more information see Ffrench-Davis (2010).
2. For more information see Gómez-Sabaini et al. (2015) and Acquatella,
Altomonte, Arroyo, and Lardé (2013).
3. For more information see Rossignolo (2015).
4. For more information see OECDE/ECLAC/CIAT/IDB (2016) or
Gómez-Sabaini et al. (2015).
5. In the sense of adding more uncorrelated products in the country export
basket. Hesse (2008) provides more information on this analogy.
6. The one that cannot compete internationally with appreciated exchange rates.
7. For more information see Tornell and Lane (1999).
8. Extractive institutions emerged when Europeans pursued a strategy of
extracting resources from the colonies without settling and without devel-
oping participatory institutions (Acemoglu et al., 2003).
9. In a volatile economic environment, a larger volatility of consumption than
GDP is often observed, although the capacity to stabilize the trajectory of
consumption has been improved recently throughout the region.
10. The biggest share goes to Chile with the 31% of the total world
production.
11. To illustrate this point, most of Colombia’s oil production is located in two
departments. In Bolivia, the department of Tarija produces 60% of total
national gas. In Peru, production of oil is hugely concentrated in a couple
of provinces, meanwhile in Chile more than 53% of copper production is
in the Antofagasta region.
12. In turn, when not administered appropriately, these resources tend to
exacerbate other imbalances between jurisdictions of the same country,
which relieves the importance of the allocation of tax powers and spending
responsibilities in countries with a high degree of fiscal decentralization.
INTERNATIONAL INSERTION, VOLATILITY AND FISCAL RESOURCES... 153
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PART III
1 Introduction
Latin America continues to be considered as the most unequal region
in the world. According to data from ECLAC, the average Gini index for
the region in the year 2014 was 0.491, with an extreme value of 0.564 in
Honduras and the lowest value of 0.379 in Uruguay. Gender gaps are
an integral part of these socioeconomic inequalities. In fact, and just to
mention a few indicators, according to UN Women (2017) women: (a)
have fewer activity rates (56.4% for women while 84.7% for men in
2014); (b) comprise a higher proportion of individuals without income
of their own (28.9% compared to 12.5% among males in 2014); (c) have
a higher poverty index (the femininity index in poor households1 reached
118.2 in 2014).
Fiscal policy is a key element for transforming the inequality and also
the dynamics that reproduce it. In the last few decades, under the new
wave of governments that revitalized the role of the state in the economy,
many countries in the region have enacted redistributive spending poli-
cies, particularly regarding income transfers.2 This, in addition to improve-
ments in the levels of economic activity and in indicators of the labor
market, has resulted in a reduction of poverty and a less significant reduc-
tion of inequality.
These policies were financed mainly by a growing fiscal income resulting
from higher levels of economic activity, an improvement in the levels of
employment and wages, and a rise in the price of the main export com-
modities (of primary origin). That is, by an increase in the tax collection
from those sources. However, no advance has been made in passing tax
reforms which would secure a greater stability of high levels of tax collec-
tion and, simultaneously, greater progressivity of the tax system.3
In fact, Latin American tax systems, albeit having enormous heteroge-
neity, continue to be characterized by a low level of average tax revenue
(15.3%)4 and a tax structure with greater weight of indirect taxes; low
participation, although this is improving; taxes on income; weak taxation
of wealth; and high levels of tax evasion and avoidance.
Due to these characteristics, tax systems in the region do not contribute
to reducing inequality and instead perform as a factor of its reproduction
and intensification. As mentioned, this socioeconomic inequality in Latin
America also has a specific gender aspect, and this is implicit in the fiscal
contract that reveals the relational dimension of taxation (see Atria, Groll
& Valdés in this volume). As will be shown more precisely in the next sec-
tion, tax policy, like any economic policy, acts in a field characterized by
gender relations and thus can either take advantage of them or contribute
to transforming them. Taxation affects the daily lives of men and women,
and may have implications for their behavior (for their consumption, their
decisions to offer or not their work force in the labor market, for the
intensity of unpaid work they do, etc.). In short, taxation has the potential
to affect this dimension of inequality.
The objective of this chapter is to discuss the theoretical and empirical
contributions on gender aspects in taxation in Latin America, and sec-
ondly, to evaluate a specific country case (Argentina) regarding whether its
recent tax reforms contribute to reducing gender tax gaps.
With this goal in mind, in the next section we summarize the concep-
tual elements which allow recognition of the gender aspects of taxation.
GENDER BIAS OF REGRESSIVE TAXATION IN LATIN AMERICA... 163
right person for that category, and also because most female-headed
households usually turn out to be single-parent households, which could
impose biases in the analysis.
Therefore, Grown and Valodia (2010) decided to use two other classi-
fication categories. The first involved sorting households according to the
sex of the income providers. Hence, they estimated the tax burden for
households with a male provider, households with a female provider, and
households with double providers. Here the assumption is that dual-
provider households would be the most equal ones. The other classifica-
tion category related to the number of adult women and men in the
household. Thus, the tax incidence was estimated for households with a
majority of adult males, with a majority of adult females, and with an equal
number of adult males and females. In all cases, the estimation was disag-
gregated for households with and without children.
The main conclusion of the study for the two Latin American cases was
that gender inequality in taxation is strongly related to socioeconomic
inequality. That is, the reason why the tax burden falls more heavily on
low-income households is the regressivity of the tax systems, and it is the
feminization of poverty that causes this gender bias.
In the Argentinean case, for the year under study (2008) the tax struc-
ture presented, in aggregate, a proportional behavior and a higher relative
incidence of male-type households. However, when disaggregating, the
incidence turned out to be higher for male and dual-provider households.
The proportionality of aggregate tax incidence adopted a more progres-
sive character in the case of those households, while a more regressive (or
less progressive) one in the case of households with a female provider.
When the analysis is disaggregated by consumption kinds, two ele-
ments are identified: (a) that tax incidence becomes more regressive for
certain types of expenses, and (b) that tax incidence relatively increases for
female-provider households (as opposed to the aggregate trend), for cer-
tain types of expenditures. The regressivity pattern expresses itself particu-
larly in food (mainly those items included in the basic basket of goods),
the taxes on households’ services, public transport, and baby products.
For the case of Argentina some tax reforms were simulated, especially
the tax relief on the VAT for some selected basic goods. This could show
how the progressivity of the system could be strengthened and how this
affected mainly the low-income households, among which female-provider
households were overrepresented.
GENDER BIAS OF REGRESSIVE TAXATION IN LATIN AMERICA... 169
Third, the social security renationalization in 2008 and the creation of the
Sistema Integrado Previsional Argentino (SIPA, Integrated Social Security
Argentinean System), allowed recovery collection from personal social
security contributions (Cetrángolo, Gómez Sabaíni, & Morán, 2015).
The taxation structure is principally based on indirect taxes (on general
consumption, goods and specific services), although their participation
has been diminishing. In fact, according to data from the Dirección
Nacional de Investigaciones y Análisis Fiscal del Ministerio de Economía,
while the sum of indirect taxes reached 61% of the total national collection
(national and provincial governments) in 2004, that participation dropped
to 51.4% in 2016. Therefore, the participation of direct taxes rose.
However, the weight of this increase was not due to the tax on profits,
which was reduced from 19.7% in 2004 to 17.4% in 2016, but thanks to a
relative increase in the social security contributions, which increased their
participation from 11.6% in 2004 to 21.9% in 2016.21
Does this tax structure (and its evolution) favor or reduce gender gaps?
Next, and based on existing studies, we will try to answer this question.
Table 6.1 Tax
1997 2006 2010
incidence studies results
in Argentina 1 67 47.4 49.6
2 56 40.7 43.6
3 52.4 38.4 43
4 49.3 38.4 44.3
5 35.9 44.5 46.4
Average 42.4 42.3 45.4
of the tax system has decreased and present the last estimation as a propor-
tional tax system, but with greater tax incidence in the extremes (first and
last distribution quintile) (see Table 6.1).
The improvement, especially in the last years, are due to a higher rela-
tive participation of direct and progressive taxes, either because more
people have been included in the payment of personal income tax, or due
to the introduction of new taxes such as export taxes. The latter have a
more progressive impact compared to direct taxes on general consump-
tion, but all have resulted in greater progressivity of the tax structure
(Gaggero & Rossignolo, 2011).Nevertheless, in the context of a system
that is improving and becoming more proportional, it is worth highlight-
ing that the first income quintile remains the one that faces the highest tax
burden in proportion to its income. A gender bias is expected if the
regional tendency toward a higher feminized poverty also exists in
Argentina.
An update of the study of tax incidence by household type (presented
as background in section 3), shows that few changes have occurred in
these findings since that time (Rossignolo, 2016).22 Again it is pointed out
that the VAT, the most important tax in the system, is markedly regressive,
affecting households without employed adults and without children23 in
the poorer distribution quintile to a greater extent. Male-headed house-
holds without children show the greatest regressivity (in terms of tax bur-
den) in the first, fourth and fifth quintile, while households with
double-income earners face the greatest incidence in the second quintile
for specific consumption taxes. Finally, the analysis confirms that the taxes
on specific goods, food for basic consumption, children’s clothes, public
transport, among others, show a regressive behavior and affect more
female-headed households in relative terms (Rossignolo, 2016).
174 C. RODRÍGUEZ ENRÍQUEZ AND N. ÁGUILA
sually refers to low-income workers. Thus, the relative incidence can turn
u
out to be high (especially for people in the lowest monotributo categories,
and those with highly irregular incomes). In addition, people in the mono-
tributo regime are discriminated against since they cannot enjoy the ben-
efits of social protection associated with wage work, one especially relevant
from the gender perspective among these benefits is paid maternity leave.
Additionally, specifically related to allowed deductions on family bur-
dens, the regulation does not establish which spouse can make use of the
benefit (which is positive for gender equity) and in practice, both spouses
can apply. This implies discrimination for single-parent households, who
can only apply the deduction once and since these households are mainly
comprised of women, this turns out in an implicit gender bias.
Finally, Gherardi and Rodríguez Enríquez (2008) carried out a quanti-
tative estimation to study the amount that women and men should pay
according to the type of household in which they live (a household with a
man provider, a single-parent household headed by a woman, a household
with double-income providers) and the source of their income (wage work
and self-employed). They noticed that there is a horizontal inequality since,
at the same level of income, the tax incidence is different according to the
income source and the household type (in terms of provider and quantity
of dependent adult). There is also discrimination against single-parent
households, which pay a higher relative amount in every payment mode. In
this kind of household, women are overrepresented. Simultaneously, there
is a discrimination against self-employed workers since, regardless of the
household type, they always pay higher taxes than wage earners. It is worth
highlighting that women have been historically overrepresented among
the self-employed with lower incomes. Finally, self-employed women have
lower incomes since they are the only ones that, in the referred exercise,
have to pay in the case of double-parent with double-income provider
households. Wage earners in this type of household are the ones that ben-
efit the most from the profit income tax in Argentina.
In sum, we can notice that the non-existence of explicit gender bias in
the legislation of the personal income tax in Argentina does not imply that
there are no gender biases at all. On the contrary, discrimination of income
sources affects, to a greater extent, the self-employed more than those
with wage work. The self-employed are also in the lower income brackets
where women are overrepresented, and together with the application of
deductions that implicitly discriminate against single-parent households,
this leads to differences in taxation by gender.
178 C. RODRÍGUEZ ENRÍQUEZ AND N. ÁGUILA
taxpayers. This can imply high relative tax costs for a typically feminized
population and which additionally does not generate a substantive collec-
tion to the treasury, nor provide additional social security protections to
those who pay. At the same time, the biggest pending issues are the high
levels of evasion and the different mechanism of elusion that benefit the
high-income sectors.
When it comes to indirect taxation, an improvement is required in the
use of tools that enable release of regressive biases and inquire deeply into
the implications of different treatment mechanisms, not only by consump-
tion, but also by taxpayer. The international experience shows that, inde-
pendently of the countries’ degree of development and administrative
capacity, the existence of basic consumption goods exempt from indirect
taxes, or paying reduced rates, is a factor that adds progressivity to the tax
system and, as previously discussed, would be beneficial to women and the
reduction of gender gaps (Grown & Valodia, 2010).
The consideration of specific tax treatments for specific female con-
sumption goods,38 and for goods and services associated with care neces-
sities, could also improve women’s income in practice, and release the
burden on unpaid care work.
The joint move forward toward economic and gender justice requires
consistently integrating fiscal policies into the framework of macroeco-
nomic policies and into the model of development. Tax reforms are neces-
sary to provide stable and progressive financing to the states, to implement
regulatory policies that diminish inequalities inherent in the market’s
logic, to improve employment conditions, to sustain the income level and
redistribution, and to develop specific policies for gender equality.
Notes
1. The femininity index in poor households compares the percentage of poor
women and men aged between 20 and 59 years. A figure greater than 100
means that poverty (indigence) is higher among women; a figure less than
100, the inverse situation. In the Latin American case, the index shows
that there are 118 poor women for every 100 men in the same situation.
2. The most important measures are the conditional income transfer pro-
grams (see Cecchini & Madariaga, 2011) and the pension reforms that
seek to extend coverage and sustain the level of social security benefits.
3. Arenas de Mesa (2016) presents a synthesis and classification of recent
reforms in the countries of the region, highlighting that only three countries
GENDER BIAS OF REGRESSIVE TAXATION IN LATIN AMERICA... 181
have gone through structural tax reforms: Chile in 2014, Colombia in 2012
and Mexico in 2013. The reforms in most countries were partial transfor-
mations that sought both to extend indirect taxation (mainly of VAT), as
well as to progressively transform the income tax.
4. The average hides the differences between countries such as Argentina,
Bolivia, Brazil and Chile, with tax burden rates around 20% and cases like
Guatemala, where the tax burden is 10% of GDP. In addition, this index
refers only to the central government level and does not include social
security contributions (Arenas de Mesa (2016) based on information from
ECLAC). If they were considered as well as the levels below the central
government, the differences would be higher.
5. For a founding text of Feminist Economics see Ferber and Nelson (2003).
6. Bidegain Ponte and Llavaneras Blanco (2013) explain the interrelation
between economic, ecologic and gender justice.
7. An example of this would be the case of the maquilas, as economic devel-
opment strategies that take advantage of the lower wage cost of hiring
women. See Giosa Zuazúa and Rodríguez Enríquez (2010).
8. For a founding text on the social content of macroeconomic policies see
Elson and Cagatay (2000).
9. Here we follow Stotsky (1997), Barnett and Grown (2004) and Elson
(2006). All these papers offer international examples of the matters theo-
retically discussed here.
10. Until 1995, a differential rate was applied to married women in South
Africa. In the United Kingdom, while there was a joint assessment system,
the filing should be made by the male (Stotsky, 1997). The worldwide
trend has been towards the abolition of these kind of explicit biases.
11. Oxfam (forthcoming) further develops and provides examples of implicit
and explicit biases in taxation.
12. This implicit bias is very hard to see in practice since it requires knowing
the consumption structures by sex and the decision-making processes
around those consumptions within the households, information that is
usually not provided by the household expenditure surveys.
13. Actually, this field of study is new, with Nelson (1996) and Stotsky’s (1997)
contributions as the pioneers. This relative infancy of the theoretical con-
tributions and empirical articles in the field could be associated with the
androcentric dominant vision in economics, questioned by the Feminist
Economics which has consolidated as a field of knowledge in the discipline
since the nineties.
14. For example, in the case of Argentina, discrimination on income tax impo-
sition on marital partnership was found, since according to the law, it is
attributed to the husband. However, this bias does not imply in practice an
economic penalty to women (given that that income is added in the tax
182 C. RODRÍGUEZ ENRÍQUEZ AND N. ÁGUILA
declaration, and thus the amount of the tax paid by the husband), but it
does imply a different treatment as tax law subject.
15. According to the Observatorio para la Igualdad de Género de América
Latina y el Caribe (OIG, Gender Equality in Latin America and the
Caribbean Observatory), in the region there are 31.1% of women without
their own income, compared with 11.4% of men (considering the popula-
tion aged 15 years or more that does not study, around 2014): http://oig.
cepal.org/es/indicadores/poblacion-sin-ingresos-propios-sexo.
16. As a proxy, the available information points out that to obtain similar
wages, women have to show more years of average education.
17. Which leads to the fact that the total work burden of women is higher than
for men. An example of this gap for a selected group of Latin American
countries can be seen in: http://oig.cepal.org/es/indicadores/
tiempo-total-trabajo.
18. A gap in the conjugal unit’s income treatment was found for the case of
Dominican Republic.
19. The VAT has a tax rate of 21%, being the second highest in Latin America,
well above the regional average (15.1%). Goods of basic needs have a
reduced rate of 10.5% and sales of gas, electric energy and some services
have a differential rate higher than 27% (Cetrángolo et al. 2015).
20. Personal income tax consists of progressive rates for different net profit
brackets (to which deductions can be applied, being the more relevant by
children and spouse) from a non-taxable minimum which varies according
to personal characteristics (single, married). Part of the increase in profit
tax collection during the period is explained by the non-update of the non-
taxable minimum and the impossibility of applying inflation adjustment
mechanisms in a context of price acceleration. In the year 2017, the tax has
had modifications in the non-taxable minimums from the different catego-
ries. Hence, today the tax has nine net profit scales (from 0 to 20,000;
from 20,000 to 40,000; from 40,000 to 60,000; from 60,000 to 80,000;
from 80,000 to 120,000; from 120,000 to 160,000; from 160,000 to
240,000; from 240,000 to 320,000; and from 320,000 onwards) to which
corresponds nine tax rates (5%; $1000+9% over 20,000; $2,800+12% over
40,000; $5,200+15% over 60,000; $8200+19% over 80,000; $15,800+23%
over 120,000; $25,000+27% over 160,000; $46,600+31% over 240,000;
$71,400+35% over 320,000 respectively).
21. In the same line, personal income tax participation (compared to the
amount paid by legal persons) grew steadily, reaching more than 43% of
the total tax collection in 2013.
22. This paper is based on information from the Encuesta de Gastos de los
Hogares (Household Expenditure Survey) of 2012/2013.
GENDER BIAS OF REGRESSIVE TAXATION IN LATIN AMERICA... 183
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recaudación y compensando a los más pobres. Documento 8/2011. Washington,
DC: Instituto de Estudios Fiscales.
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Economic and Ecological Justice in Latin America: Towards a Development Based
on the Sustainability of Life. Quezon City: DAWN.
Cetrángolo, O., & Gómez Sabaini, J. C. (2009). La imposición en la Argentina:
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Cetrángolo, O., Gómez Sabaíni, J. C., & Morán, D. (2015). Argentina: reformas
fiscales, crecimiento e inversión (2000–2014). Santiago: Cepal - Serie
Macroeconomía Del Desarrollo N° 165.
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Balance de la experiencia en América Latina y el Caribe. Santiago: Cepal – Asdi.
Coello Cremades, R., & Fernández Cervantes, S. (2014). Política fiscal y equidad
de género en Bolivia. La Paz: Onu Mujeres - Grupo sobre Política Fiscal y
Desarrollo (GPFD).
De Henau, J., S. Himmelweit & C. Santos (2010). “Gender Equality and Taxation:
A UK Case Study”. En: Grown, C., & Valodia, I. (eds). Taxation and Gender
Equity. A Comparative Analysis of Direct and Indirect Taxes in Developing and
Developed Countries. New York: Routledge.
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presupuestaria desde la vertiente impositiva. El caso de España. En Paloma de
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GENDER BIAS OF REGRESSIVE TAXATION IN LATIN AMERICA... 185
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Dirección Nacional de Investigaciones y Análisis Fiscal del Ministerio de Economía.:
http://www.economia.gob.ar/sip/basehome/rectrib.htm
CHAPTER 7
Néstor Castañeda
1 Introduction
In the past few decades, Latin American countries successfully increased
tax burdens, improved their fiscal stabilization tools, and enhanced tax
administration agencies. Despite these achievements, the over-reliance on
non-tax revenues and indirect taxation have produced only modest
improvements in both tax neutrality and equity. Most recently, negative
external factors (e.g. the end of the commodity super-cycle) posed a chal-
lenge for fiscal stability in the region and put social achievements of the
past decade at risk. The current context of uncertainty in the international
environment makes structural tax reforms more urgent than ever.
However, implementing structural tax reforms in Latin America has
proven to be a challenge and one can count only few instances of substan-
tial tax system overhauls (Focanti et al., 2016). Political economy scholars
have studied the complexities of tax politics in the region and provided
empirical evidence that the features of tax systems in the region largely
respond to the interaction between governments and business interest
groups (Fairfield, 2015; Castañeda, 2017). In this chapter, I used the case
of Colombia to illustrate the fact that, in general, tax structures in Latin
N. Castañeda (*)
University College London, London, UK
America are slightly more efficient but still quite unfair, and recent tax
reforms neither improve vertical nor horizontal equity. These suboptimal
outcomes reflect the nature of the relationship between the government
and business interest groups and the recent evolution of corporate power
in the region.
In particular, I contend that recent transformations in the model of
business coordination and political representation (i.e. from a corporatist-
like one to a more pluralist-like one) has had a great impact on the rela-
tionship between business and the state. Traditional business associations
are not the most relevant actors involved in the policymaking process. In
most cases, diversified business groups or economic conglomerates play a
more relevant role and use completely different channels and mechanisms
to influence policymakers. As a result of the emergence and consolidation
of these new actors, the policymaking process has become increasingly
complex, less focused on the executive branch of government, and conse-
quently, structural policy changes are more difficult to achieve.
In other words, I contend that the increasing number of business veto
players with the capacity to influence policy decisions makes governance in
the region more complicated and fragmented; but most importantly,
I argue that policy fragmentation makes equitable economic development
more difficult to attain. On the one hand, the consolidation of a pluralist
model of business representation poses serious difficulties for democratic
representation. Instead of opening up policymaking to new actors, this
new model of business representation concentrates political power on a
few number of firms or economic conglomerates with technical and finan-
cial capacity to effectively lobby policymakers. On the other hand, busi-
ness interest groups are less interested in discussing broad policy issues
(e.g. economy-wide industrial policies or national development strategies)
and focus their attention on narrow, industry-specific, or particularistic
policy domains (e.g., consumer or antitrust regulation).
Therefore, policy fragmentation has become one of the most common
features of the policymaking process in Latin America and has substantial
consequences for redistribution across the region. In fact, it makes state–
business bargaining more difficult and fragmented, and provides incen-
tives for a regressive fiscal contract. Recent scholarship has provided
quantitative evidence on the political dynamics of the fiscal contract in
Latin America (e.g. Castañeda, 2017; Castañeda & Doyle, 2017), but we
still need to offer in-depth analysis of the causal business–state relations in
the region.
BUSINESS GROUPS, TAX EFFICIENCY, AND REGRESSIVITY IN COLOMBIA 189
reforms are always marginal, precisely because business interest groups are
able to soften any proposals aimed to increase their tax burden or raise
corporate taxation.
The case of Colombia is particularly interesting not only because it is
one of the main economies of the region, but also because market liberal-
ization was successfully implemented and had important consequences for
the relationship between business and state. As I show in this chapter,
structural economic changes promoted industrial diversification and busi-
ness fragmentation, but paradoxically did not diminish business groups’
capacity to shape tax policy and transfer the cost of redistribution to the
middle and working classes.
Colombia also offers an unparalleled case to study tax politics in Latin
America because tax reforms abound but the general tax burden is still
lower than the regional average, tax efficiency and equity are still unful-
filled aspirations, and tax administration problems have not been solved
yet (Bonilla et al., 2016; OECD, 2015b). In some manner, Colombia
represents contemporary policy dilemmas in the region really well: politi-
cal fragmentation, substantial transformation of business interest groups,
and constants loss of fiscal space. It is definitively a good case to help us
understand why and how unequitable fiscal contracts are so persistent in
the region.
This chapter is organized as follows. First, I briefly discuss the literature
on business interest groups and taxation in Latin America. This literature
review provides a general framework to understand the role of business in
tax policymaking in Colombia. Second, I describe the evolution of tax
policy in Colombia between 1990 and 2015. I pay special attention to the
evolution of the trade-off between direct and indirect taxation. Third, I
illustrate the tax policy game in Colombia by describing the main attri-
butes and policy preferences of policymakers and business interest groups.
This section briefly describes the main business associations, conglomer-
ates, and firms that participate in tax policy debates. Fourth, I briefly illus-
trate the dynamics of the political game and its distributional consequences.
Finally, I present some concluding remarks.
that business interest groups will be more influential if the domestic econ-
omy is less diversified. For example, Castañeda (2017) uses data for all
Latin American countries to construct a metric of business structural
power (three largest industrial sectors’ share as a percentage of total
national production) and compares it with the degree of openness of the
economy. Based on this empirical evidence, Castañeda (2017) finds out
that business interest groups in the region seem to be more powerful as
the industrial production is more concentrated around some few sectors,
especially in those countries where trade liberalization was more gradual.
Organizational attributes are also crucial to explain business political
influence. According to Schneider (2013), Fairfield (2015), and Castañeda
(2017), business interest groups are influential not only because they are
structurally powerful and can credibly threat economic stability, but also
because they have resources and organizational capabilities to successfully
participate in the policymaking process. For example, Fairfield (2015) uses
the classical concept of instrumental power to understand how business
interest groups make use of their resources and networks with policymak-
ers to influence policymakers’ decisions. In the meantime, Castañeda
(2017) focuses on the concepts of business coordination and policy inte-
gration to understand how business interest groups are more successful
than policymakers in shaping the policymaking process.
From this point of view, revenue-raising tax reforms are less likely in the
presence of highly coordinated and centralized business interest groups
because they can reduce the influence of policymakers on tax policy
(Castañeda, 2017, 126). When business interest groups are well coordi-
nated, they have political leverage and organizational resources to block
tax reform bills in congress. Meanwhile, when business interest groups are
not centrally coordinated or poorly integrated to policymaking forums,
they will be less able to play the tax politics game and they can only reduce
potential impacts on specific industries (Castañeda, 2017, 126).
In other words, centralized coordination and high levels of policy inte-
gration make business interest groups more influential in the tax policy-
making process (Castañeda, 2017). Also, the effect of business unity is
magnified if there is no ideological convergence between policymakers
and business interest groups (Castañeda, 2017), but also if the party sys-
tem is relatively unstable or fragmented (von Schiller, 2016). In both
cases, revenue-raising and/or progressive tax reforms are more difficult to
achieve.
BUSINESS GROUPS, TAX EFFICIENCY, AND REGRESSIVITY IN COLOMBIA 193
has decreased since 2010 (e.g. VAT revenues were about 40% of the total
tax revenues in 2015). This is mainly a result of a continuous shrinking of
the VAT base (Bonilla et al., 2016, 122), which has substantially reduced
its levels of efficiency and productivity (Corbacho et al., 2013; Gomez
Sabaini & Moran, 2014).
In the meantime, income taxes are about a third of total tax revenues
and their contribution increased slightly since 2010. However, income
taxation is relatively low in Colombia (at least in comparison with OECD
countries) and most income taxes are levied on corporations rather than
individuals (personal income taxes are only 15% of the total income tax
revenue). On the one hand, income thresholds for personal income taxa-
tion are high: around 2.8% of the GDP per capita, in contrast with an
average threshold of 0.25% of GDP in OECD countries. On the other
hand, tax administration privileges payroll taxes over any expansion of per-
sonal income tax base. Furthermore, only some few corporations paid
income taxes because tax exemptions are numerous. Consequently, income
taxes are increasingly paid by a small minority. Some conservative calcula-
tions indicate that income tax exemptions could represent about 0.5% of
the GDP in 2015 (Bonilla et al., 2016, 56).
Income taxation in Colombia is not only inefficient, it is also quite
unfair. The effective tax rate on the top 1% of earners is only 11%, which
was the average minimum personal income tax rate in OECD countries in
2014 (Alvaredo & Londoño, 2013; Bonilla et al., 2016). The marginal
corporate tax rate remained almost constant since 1990 at 30% of net prof-
its, increased to 35% of net profits in 1997, then increased again in 2003 to
38.5% in 2003 to pay for president Uribe’s national security strategy
(Flores-Macias, 2014), and it was finally reduced to 33% in 2006 during
Uribe’s second term. Top corporate income tax rates were increased by the
Santos administration to 38% in 2014. Meanwhile, VAT rates increased
steadily since the late 1980s up to a 16% rate in 1996 and remained con-
stant until the 2016 tax reform when general rate was raised to 19%.
These data seem to suggest that tax burden was higher on consumers
during the years of the structural adjustment, and then corporate and indi-
vidual income taxes increased slightly. However, empirical data show that
this observation is actually incorrect. On the one hand, corporate tax rates
increased after 1997, but all tax reforms implemented after the financial
crisis in 1998 introduced numerous tax exemptions that mostly benefit
corporations and affluent Colombians. On the other hand, the VAT rate
remained almost constant between 1997 and 2015, but the VAT base was
BUSINESS GROUPS, TAX EFFICIENCY, AND REGRESSIVITY IN COLOMBIA 195
0.18
0.16
1990 Gaviria Law 49 1990 VAT basic rate increased from 10% to 12%;
tax exemptions reduced;
Administrative Reform
1992 Gaviria Law 6 1992 VAT rate increased from 12% to 14%; some
goods excluded from VAT (i.e. basic
consumer basket and some agricultural
equipment not produced in the country);
income tax rate increased to 37.5%; VAT on
capital goods made deductible (shift from
income to consumption VAT)
1995 Samper Law 223 1995 Income tax rate reduced to 35%; VAT rate
increased to 16%
Reduced exemptions in income tax and
VAT; strengthened the minimum
presumptive income tax regime; personal
enterprise considered a limited liability
company; tax treatment of commercial
leasing defined; capital losses deduction
against the capital gains tax
1997 Samper Law Foreign investment and academic research
383/1997 incentives created
Decree External financing tax created; stamp tax
81/1997 increased from 0.5% to 1%
1998 Pastrana Law Broadening Corporate Income Tax base
488/1998 Broadening VAT base; VAT tax rate reduced
Decree to 15%; financial transactions tax rate created
2331/1998 at 2 per thousand
2000 Pastrana Law Broadening VAT base; financial transactions
633/2000 tax rate increased from 2 to 3 per thousand
2002 Uribe Decree VAT expansion, Corporate Income Tax
838/2002 increased, other taxes; Net wealth tax
Law 788/ created: 1.2% of patrimony once (“War
2002 Tax”)
Income tax rate increased to 38.5%;
broadening VAT base; controls to evasion
established; new exemptions for specific
economic activities (loopholes)
2003 Uribe Law Financial transactions tax rate increased from
863/2003 3 to 4 per thousand; net wealth tax
reestablished (“War Tax II”); deductions to
investment established (loopholes)
(continued)
198 N. CASTAÑEDA
Table 7.1 (continued)
2005 Uribe Law 1004/ Income tax rate reduced to 15% to firms in
2005 free trade zones
2006 Uribe Law Decreased Income Tax rates from 35% in
1111\2006 2006 to 34% in 2007 and to 33% in 2008;
eliminated dividend tax on non-residents;
financial transaction tax permanent
2012 Santos Law Reduced Corporate Income Tax rate from
1607/2012 33% to 25%; Reduced Capital Gains Tax rate
from 33% to 10%; introduced a new 8%
income tax on equity ( “fairness tax”);
modified the various rates for VAT to three:
0%, 5%, and 16%; broadening VAT base
2014 Santos Law Changes in temporary net wealth tax rate;
1739/2014 extended new income tax on equity until
2018 and increased rate to 9%; new income
tax exemptions; tax amnesty
2016 Santos Law Elimination of income tax on equity
1819/2016 (CREE); Corporate Income Tax rate
increases from 25% to 34% and it is
scheduled to decrease to 33% in 2018;
increase to CIT rates in free trade zones
from 15% to 20%; new 5% income tax
withholding on dividends; financial
transactions tax (0.4%) becomes permanent;
VAT general rate increases form 16% to 19%
and its base was expanded
However, high income tax rates did not last long. In 2003, Uribe’s
government announced numerous tax deductions and exemptions for
investment in strategic sectors. In 2006, income tax rate was reduced to
35% and Congress approved a gradual reduction from 35% in 2006 to 33%
in 2008. In other words, Uribe’s government temporarily increased tax
pressure on personal and corporate income taxation for economic recov-
ery purposes, and then such pressure was gradually reduced once the crisis
was over and the country (like most of its neighbors) entered into a new,
almost unexpected path of economic prosperity. This additional tax effort
also contributed to finance the national security strategy aimed to military
defeat leftist guerrillas (Flores-Macias, 2014). In 2012, Santos administra-
tion implemented new reforms aimed to reduce personal income rates
from 33% to 25% and created an additional income tax (Impuesto Minimo
Alternativo Nacional) for taxpayers who receive net salaries greater than
US$1800/month.
Like in the case of VAT, tax reforms have mostly changed income tax
base rather than rates. In other words, introducing tax deductions and
exemptions is more common than creating new tax credits. The case of
corporate income taxation is quite illustrative. A number of tax deductions
for investment in scientific research were approved in 1992. Tax exemp-
tions were created for foreign investment funds, non-profit organizations,
educational institutions, religious organizations, and political parties in
1995. Corporate income tax base was extended and the maximum rate
was raised from 30% to 35% as part of the 1998 austerity plan. The 1998
tax reform also included generous tax deductions for “job creators.” Uribe
administration established a net wealth tax of 1.2% on individual property
and increased corporate income tax rate to 38.5% of net profits in 2002.
However, the main purpose of his first tax reform was to establish numer-
ous tax exemptions for palm oil production, foreign direct investment,
and free trade zones. In his second term in office, Uribe reduced corporate
tax rate to 33% and temporary tax exemptions were permanently included
in the tax structure. As mentioned above, President Santos also reduced
the top corporate tax rate from 33% to 25% in 2012. Observe that lower
corporate income tax rates were usually compensated with the adoption of
new, temporary taxes that were presented to the public opinion as dis-
tributive fiscal tools, but actually had quite regressive effects on small
business and the middle class (e.g. financial transactions tax, net wealth tax
or “war tax”, or “equity tax”).
200 N. CASTAÑEDA
The examples above show that tax reforms in Colombia are not only
quite frequent, but they are also biased toward indirect taxation and intro-
duce significant distortions in personal and corporate income taxation.
The main consequence of this policy bias is that tax burden shifted to the
middle and lower classes. In other words, the Colombian tax system is not
only inefficient (tax revenues are relatively low), but it also upside down
and unfair with poor people and middle classes paying more and rich peo-
ple and corporations paying less (see Fig. 7.1).
4.1 Policymakers
The policy preferences of policymakers are the first entry point to tax poli-
tics in Colombia. We could reasonably contend that no matter their parti-
san allegiances or their ideological agendas, policymakers in Colombia
usually prefer to increase fiscal revenues rather than cut government
expenditures.
Table 7.2 describes Colombian presidents’ ideology and partisan pow-
ers (i.e. size of their legislative coalitions) between 1990 and 2016. During
this period, most of the presidents and the members of the economic cabi-
net were somewhat affiliated to either the liberal or the conservative party
BUSINESS GROUPS, TAX EFFICIENCY, AND REGRESSIVITY IN COLOMBIA 201
industries. The Santo Domingo group focuses its activities on media and
financial holdings. The Sarmiento-Angulo group concentrates several
firms in the banking and construction sectors. The Sindicato Antioqueño
group consists of several firms operating in the manufacturing sector.
Several insurance companies integrate the Bolivar group.
Like in most of the countries in the region, the emergence of economic
conglomerates constitutes the most important transformation of the
Colombian industrial structure in recent years (Garay, 1998; Misas, 2002;
Peres & Garrido, 1998). They have displaced traditional business associa-
tions as the dominant actors in the policymaking arena and gained control
over large portions of domestic production and external trade. By making
large financial contributions, economic conglomerates have taken over a
number of sectoral business associations and their executive boards
(Rettberg, 2005). Consequently, economic conglomerates have become
strong veto players within sectoral and economy-wide encompassing busi-
ness associations. For example, the influence of the Grupo Santo Domingo
and the Grupo Ardila-Lule on the decisions made by the industrialist asso-
ciation (ANDI) is uncontestable (Rettberg, 2003, 2005).
Economic conglomerates also have strong incentives to run political
operations outside the umbrella of the formal business organizations.
Their increasingly generous campaign contributions give them direct
access to politicians and bureaucrats in both executive and legislative
branches. Although data about campaign contributions are not transpar-
ent in Colombia, different journalistic sources show that economic con-
glomerates (or grupos) are the main donors in the presidential and
legislative electoral contests (Lewin & Rudas, 2013; Transparencia por
Colombia, 2014, 2016). As sectoral business associations are not legally
allowed to contribute to electoral campaigns, most of the corporate dona-
tions are channeled through individuals or firms connected to the eco-
nomic conglomerates.
Thus, political finance regulation in Colombia makes economic con-
glomerates quite influential for the policymaking process. In fact, it is not
uncommon to find CEOs and top executives from the economic conglom-
erates meeting legislators or actively lobbying in congress. For example, the
Bavaria’s CEO (one of the Grupo Santo Domingo’s flagship firms) person-
ally organized the pro-business legislative caucus that opposed the 1992
tax reform (Parra, 2004). The presence of economic conglomerates in con-
gressional and technocratic discussions is regular, “institutionalized,” and
increasingly professionalized (the number of professional lobbyists who
BUSINESS GROUPS, TAX EFFICIENCY, AND REGRESSIVITY IN COLOMBIA 205
work directly with legislators and regularly attend committee hearings and
general floor meetings has risen substantially in the past two decades).
Before the predominance of the economic conglomerates, business
lobbying was controlled by a small group of former cabinet members,
former legislators, and prestigious lawyers. Lobbying was a matter of net-
working, not a matter of resources. Firms and business associations usually
hired individuals with strong personal connections with the president,
cabinet members, or pivotal legislators. Lobbying was based on compli-
cated networks of personal favors and patronage established between
members of the political and economic elite (Rettberg, 2003, 2005).
Market liberalization made these traditional lobbying strategies com-
pletely obsolete. The emergence of new, powerful, and complex economic
conglomerates required more sophisticated strategies for political influence
(Parra, 2004). On the one hand, the owners of the economic conglomer-
ates were not necessarily the members of traditional upper classes in
Colombia. For example, Carlos Ardila-Lule and Luis Carlos Sarmiento
Angulo were raised in middle-class neighborhoods and their fortunes were
not inherited. Their social connections with traditional political elites are
relatively new (at least, in comparison with Julio Santo Domingo or the
members of the Sindicato Antioqueño who inherited their fortunes and
were part of the aristocracy since the late 1800s). Consequently, their link-
ages with political and bureaucratic elites were not as fluid as their counter-
parts in the traditional business associations (e.g. coffee growers). A new
industrial and economic structure required policymakers and lobbyists with
higher levels of technical expertise. For example, financial and tax regula-
tions are far more sophisticated after market liberalization (Abascal et al.,
2011). Thus, traditional lawyers (usually specialized in constitutional, civil,
or criminal law) are not prepared anymore to deal with the complexities of
the financial and capital markets. In other words, there are strong incen-
tives for the professionalization of lobbying activities and this explains the
recent boom of the consulting and lobbying sector in Colombia.
In summary, the pattern of business organization in Colombia can be
described as one in which business centralization and unity is relatively
weak and sectoral business associations are influential, operationally effi-
cient, and relatively autonomous. In addition, economic conglomerates
are becoming dominant actors and have taken over sectoral and encom-
passing associations. Finally, lobbying firms are becoming increasingly
powerful and influential. In other words, business political influence activ-
ities are less institutionalized but more professionalized. Consequently,
206 N. CASTAÑEDA
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210 N. CASTAÑEDA
Mauricio Garita
1 Introduction
Tax incentives are commonly defined as mechanisms to reduce taxes for busi-
ness and individuals in exchange for specific desirable actions by these actors
(Rabinowitz, 2016). The rationale of a tax incentive is that, given the privi-
lege, the taxed subject will use the surplus to invest in an economic activity. In
Latin America, the relation between tax incentives and private sector growth
was an idea implemented for the first time by governments in the 1970s.
Studies for Latin America, however, show that tax incentives tend to have
limited effects on growth, obscure the administration of taxes and are often
associated with corruption (Bernardi, Barreix, Marenzi, & Profeta, 2007).
Alexander Klem (2009) stated that the benefit of a tax incentive is hard
to assess, difficult to quantify and often controversial in the long run.
The Institute of Taxation and Economic Policy lists the pitfalls of tax
incentives in four categories: (a) they are insignificant for business invest-
ment decisions, (b) they create distortions in the market and disloyal
competition, (c) they are often paid by the citizen, and (d) if tax incen-
tives are high they compromise the fiscal space of the state. Thus, the
costs of tax incentives may counterbalance their original purpose and
M. Garita (*)
Instituto Centroamericano de Estudios Fiscales,
Ciudad de Guatemala, Guatemala
is that companies can catch up during the non-taxable period and invest
their surplus profits to enhance productivity and competitiveness.
A second type of tax incentives are investment allowances and tax credits,
which are used to reduce the taxable income of a firm based on its expendi-
ture related to investment (IMF, 1998). Tax credits may pose a problem to
governments because of the difficulty in determining which expenses should
be included in the allowances. To determine an investment allowance, gov-
ernments usually take several factors into account, such as: (a) the eligible
investments for which the tax credit applies, (b) the amount of the credit,
and (c) the duration and restriction of the tax credit. In addition, different
ways to implement tax allowances exist. This differs from tax holidays as the
latter is applicable to a period of time, while the investment allowance is
applicable to a certain amount of expenses (Easson, 2004).
Tax incentives can also be related to a certain economic activity such as
importation and exportation of goods. The exemption of value-added tax
(VAT) and customs duties for imports and exports are commonly used
worldwide, but they are often bounded by restrictions. Usually, the restric-
tion of VAT to imports is related to raw material that is important for the
development of products in the country. In the case of exports, in devel-
oping countries the figure of an export-processing zone (EPZs) is com-
mon, creating an area that offers incentives to companies in certain
industries and a barrier-free environment for attracting foreign investment
related to export-oriented production (Papadoupoulos & Malholtra,
2007). Often, the companies included in the EPZ are tax-exempt for the
expenses of production, exportation and/or profits. In Central America,
the number of EPZs has increased significantly during the last few decades.1
There are other tax exemptions that depend on the region, but the
abovementioned are the most commonly used. The most employed
exemption, as well as the one most abused, is the tax holiday. This is espe-
cially the case within the export sector. For example, exporting companies
in Asia frequently have a tax holiday of three to ten years, with deductions
of 100% in the first years and 50% in the succeeding years. In China, tax
holidays include exemptions from the income tax up to 50% for the first
five years and 10% from the sixth to the tenth year (Asian Regional
Integration Center, 2016).
Debates surrounding the use of tax incentives confront two visions, one
that is centered on the benefits of tax incentives and a second focused on
the disadvantages. The first narrative draws on the idea that there is a
global tax competition—even tax wars—among countries in a globalized
TAX INCENTIVES IN LATIN AMERICA: THE CASE OF GUATEMALA 217
The debate between the benefits and disadvantages of tax incentives is also
focused on a country’s level of development and the strength of its tax
system and capacity for sustaining growth and development in the long-
term. Tax incentives in low-income countries have been found to be inef-
fective, inefficient and associated with corruption (OECD, 2013). In
particular, when tax incentives are set in a discretionary form then the
influence of special interests, lobbying and increased corrupt practices are
highlighted (Parys, 2013). From a social perspective, tax incentives have
been found to have a prejudicial effect, mainly because they limit the
capacity of the government to compromise the budget of public institu-
tions (Gale & Samwick, 2016).
In relation to investment, tax incentives are detrimental to investment
for the discussed distortions that they create, but investment also does not
tend to be elastic to changes in tax rates as suggested by the supporters of
tax incentives. In fact, investment tends to be sensible to non-tax factors
such as stable macroeconomic and fiscal policy, political stability, a strong
institutional infrastructure, and effective and transparent public adminis-
tration. On a societal level, factors such as a skilled labor force and culture
that are associated with government investment and development policies
are also considered important criteria for investment decisions (Zolt &
Easson, 2012).
Latin 88 32 52 12 72 40
America
and the
Caribbean
OECD 21 36 64 76 67 33
Argentina – 3.01 2.71 2.41 2.01 2.21 2.11 2.2 2.14 2.08 – 2.32
Brazil 1.58 1.51 1.78 1.7 1.7 1.69 1.99 2.29 2.77 3.2 4.03 2.20
Chile – 4.43 4.22 3.87 3.45 4.38 4.05 4.88 3.96 3.96 – 4.13
Colombia – – – – – 3.7 3.96 3.52 – – – 3.73
Guatemala 12 12.7 12.7 12.3 8.4 8.4 8.5 8.6 – – – 10.45
Mexico – 5.26 5.26 5.28 6.32 6.32 5.59 5.38 – – 4.47 5.49
Peru – – – 1.83 2.07 2.07 2.24 2.22 2.05 1.81 – 2.04
Source: Author’s elaboration supported by data from Villela et al. (2009) and Villela (2011)
TAX INCENTIVES IN LATIN AMERICA: THE CASE OF GUATEMALA
221
222 M. GARITA
services are granted tax exemptions, thus they do not contribute to the
government financing.
The Decree 29–89 and the 65–89, which created free trade zones,
resulted in an average tax expenditure from 2009 to 2015 of 4.7% of
GDP. In the same period, the average tax collection reached only 11%.
During the last few years, however, tax expenditures have been reduced
such that in 2009, the tax expenditure was 5.9% of GDP while in 2015 it
was 2.5%. The reduction of tax expenditures came from a modification in
the regime for the workers’ personal income tax. As shown in Table 8.3,
71.2% of the tax expenditure in 2012 was due to exemptions in income tax;
after modification in 2013, this participation was reduced to 26.74%. From
2013 to 2015, the lion’s share of tax expenditures came from VAT, which
amounted to 58.10% of the total tax expenditures (SAT, 2015) (Table 8.3).
Although the tax expenditure for 2015 was calculated at 2.5% of GDP,
it is still a common practice that has a negative effect on the tax burden.
A low tax burden is perhaps one of the most permanent problems of the
Guatemalan economy. In fact, despite the changes in the Guatemalan tax
system undertaken in the latest years—three tax modifications in 2013,
2014 and 2015 and one tax reform intent in 2012. Since 2010—the tax
burden is still lower than it was agreed in the Fiscal Pact (12% of GDP)
and has fallen significantly in the last three years (Arenas de Mesa, 2017).
While in 2013 the total tax collection was 11.46% of GDP in 2016 this
value had dropped to 10.82% (SAT, 2017).
Today, the tax-exempt population in Guatemala includes 30,876 tax-
payers. From these exempt taxpayers there are 272 banks, 1638 coopera-
tives, 6430 schools, 118 universities, 2816 religious institutions, and 52
business chambers also exempt from income tax (SAT, 2015). This also
includes VAT exemptions that were included since the law was approved
by Dictator Ríos Montt.
Given this persistent low level of taxation, the high level of tax
e xpenditure is difficult to justify. Arguments that stress the potential of tax
incentives to foster private investment also seem to be unfounded.
According to the World Economic Forum (2016) the most important
challenges to alter investment decisions in Guatemala are crime and theft,
corruption and inadequate supply of infrastructure. The tax burden in
contrast, is named in the 13th position as one of the 16 factors driving
investment. In fact, the effect of tax incentives in Guatemala to spur
private investment as a way to increase economic growth is difficult to
comprehend. This is especially so if one takes into account that, since
2007, Guatemala has grown at a rate of between 0.5% and 4%, and its
projected growth for 2020 is 4% (International Monetary Fund, 2016).
Furthermore, the results of tax exemptions in terms of job creation are
not easy to observe. The Instituto Centroamericano de Estudios Fiscales
(ICEFI) has made several requests to the Minister of Economy asking him
to demonstrate the amount of jobs created, for example, by the Decree
29–89. The Ministry, however, has never responded to these requests.
Tax expenditures also diminish the potential to tackle the persistent
high income inequalities in the country as they decrease the progressivity
of the tax system. Given that the income of the highest 40% of the popu-
lation is equivalent to 74% of the country’s total income, the importance
of a progressive tax structure and a fairer tax system is evident (World
Bank, 2014).
Reduction of tax incentives and a fairer tax structure could also help
Guatemala tackle corruption problems and make an alternative use of fis-
cal resources to face social issues such as education, poverty and health.
Corruption in Guatemala has been a major issue given that during
2012–2015, President Otto Perez Molina; the former Vice-President,
Roxanna Baldetti; and the former ministers of defense and governance
were on trial, based on a structure that was created to deviate income from
customs.4 The case, called La Linea, is notorious and demonstrates how
corruption is related to the political arena and how taxation can be used as
an instrument to mismanage or divert fiscal resources.
According to the Instituto Centroamericano de Estudios Fiscales
(2015) the ministers and secretaries vulnerable to corruption in the
public administration are those related to economic sectors of food,
printing (often associated with the communication strategy of the
Government), fuels, fertilizers, pharmaceutical products, medical utilities,
TAX INCENTIVES IN LATIN AMERICA: THE CASE OF GUATEMALA 227
military equipment and leases. In the tax system this has been mainly
manifested in the creation of fake companies to create invoices to avoid
the VAT or by using tax havens to lower income tax payments and avoid
paying tax debt. For example, during 2016, the SAT recuperated an
amount of Q782.9 million (US$ 91 million approx.) of unpaid tax duties
from Aceros de Guatemala (a steel company) during an intervention.
It is evident that tax incentives have reduced the tax burden; increased
the public administration costs; and limited state capacity to implement a
more active social, educational and health policy (CEDEFOP, 2015). A
question that usually arises is: how did Guatemala, a country with the low-
est tax burden in Latin America and with a high level of social demands
and precarious social indicators end up with such a level of tax incentives
that further weakens the country’s capacity to tackle its problems? From a
relational perspective on taxation (see Atria et al. in this volume), the main
characteristics of a tax system, including its high number of tax incentives,
serve as one of the principal lenses for observing society and enable us to
understand the prevalence of dominant groups.
In the particular case of Guatemala, the veto executed by the CACIF
has been fundamental to understanding the existence of high levels of
incentives. In addition, CACIF has played a relevant role in understanding
the permanent low tax burden of the country. As stated by Fuentes-Knight
and Cabrera (2005), in every reform there has been an actor which
impeded significant change. This actor has always been the business sec-
tor, through the CACIF. Barrientos (2015) stated that the private sector
used the Constitution and legal methods to influence the reforms to reach
and stabilize a low tax burden.
5 Conclusions
The tangible results of tax incentives in Guatemala are rather disappoint-
ing compared to the theory that argues for their introduction. Tax incen-
tives do not support the attraction of investment and are hardly linked to
economic growth, given the weak economic activity in Guatemala.
However, the costs of these incentives are high, especially if tax expendi-
tures are calculated. The high tax expenditures demonstrate that the tax
burden in Latin America and Guatemala could be, without tax exemp-
tions, considerably higher, resulting in better economic and social devel-
opment indicators.
228 M. GARITA
The most important question that is left regarding tax incentives is: Are
they necessary? In Guatemala, the answer can be seen from two angles: the
first has to focus on the country’s necessities. Considering the precarious
situation of education, malnutrition, health, poverty and income distribu-
tion in Guatemala the establishment of a tax incentive policy in the coun-
try is unfounded.
The second part of the answer should focus on the organizational
effects of tax incentives. In Guatemala, the strength of the tax collection
agency, SAT, is not sufficient to supervise a tax system with a complicated
tax code and multiple tax incentives. This fragile institutional capacity,
coupled with high levels of informality and corruption, has led to major
cases of political corruption in which tax evasion was one principal source
of illicit enrichment. This demonstrates the risks of having high levels of
tax incentives and suggests that the sacrifice of such tax incentives is greater
than their returns. Ultimately, tax incentives negatively affect the economy
and, given the resulting lack of fiscal state capacity, the consequences are
mostly felt by the most vulnerable populations.
Finally, this chapter implies that the proliferation of tax incentives,
together with the low tax burden, at the same time reflect and are explained
by the prevalence of dominant groups. In the particular case of Guatemala,
the successfully lobbying by the most salient business group, CACIF, is
relevant for understanding both the existence of high incentives and the
extraordinarily low levels of taxation in the country. This is especially
destructive as the social and economic situation in Guatemala requires the
state to assume a more active role in achieving sustainable development.
Notes
1. In 1998, North America had 320 EPZs, Asia had 225, the Caribbean 51
and Central America 41 (ILO, 1998). In 2015, Asia had more than 900,
Central America and Mexico had 155, the United States 713 and the
Caribbean Region 400. The current total of EPZs in the world is more than
3500 (Ahn, 2017).
2. According to ECLAC (2015a, 2015b) VAT evasion in Latin America has
ranged from 17.8% to 37% of total potential VAT collection, compared to
3–22% in OECD countries. This demonstrates an important difference in
terms of a more transparent tax system. Concerning corporate income tax
evasion, the range is 46–49% of total receipts in Latin American countries.
This also reflects the challenge to tackle high rates of transnational illicit flows.
GFI (2013) estimated that approximately US$ 1.1 trillion left developing
TAX INCENTIVES IN LATIN AMERICA: THE CASE OF GUATEMALA 229
countries via illicit financial flows. According to the OECD (2014) illicit
flows remain a problem because of a weak tax administration, low tax
morale, corruption, poor governance and hard to tax sectors.
3. The tax expense methodology is criticized because it does not determine the
potential benefits.
4. The tax evasion case known as “La Linea” has been one of the most polemic
fiscal cases in the history of Guatemala. The tax evasion in customs began
with the government of the Partido Patriota led by President Otto Perez
Molina and Vice-President Roxanna Baldetti. With the support of the pri-
vate secretary of the government, Juan Carlos Monzón, they managed to
obtain control over the tax administration. By controlling the tax adminis-
tration, they managed the importation and exportation of products and
enacted a smuggling scheme. Although the case is still on trial, the informa-
tion regarding the structure is becoming more transparent and demon-
strates that more ministers and governors were involved.
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232 M. GARITA
Jorge Atria, Constantin Groll,
and Maria Fernanda Valdés
Jorge Atria’s research for this chapter was supported by the Chilean Sciences
and Technology National Council under the Grant number 3160705, and
Centre for Social Conflict and Cohesion Studies (Conicyt/Fondap/15130009).
J. Atria (*)
Pontificia Universidad Católica de Chile (Chile) & Centre for Social
Conflict and Cohesion Studies (COES), Santiago, Chile
C. Groll
Freie Universität Berlin, Berlin, Germany
M.F. Valdés
Friedrich Ebert Stiftung, Bogotá, Colombia
important insights. One of the principal insights comes from looking into
the historical perspective and has to do with the relevant role that the pat-
tern of international insertion has on the tax configuration. Volatility and
fiscal sustainability threats may not translate into more robust taxation
because certain patterns of international insertion may not require or may
not allow a robust taxation to take place. Schneider, for instance, studying
the recent history of Brazil, clearly shows that, different patterns of inter-
national insertions require a different set of state capacities. The state
capacities involved in an import substitution industrialization type of
insertion into global markets are different from the capacities needed for
competition in a liberalized global political economy. Some modes of
insertion require more of a robust and progressive tax system than others.
Although, as he noticeably evidences, the fact that the mode of insertion
requires a more robust tax system is not a guarantee that it will develop.
Particularly, he states that, for the case of Brazil, it was necessary that coin-
cident reforms take place—that is, when a parallel overhaul of federal as
well as tax institutions occurred—to make a robust tax system materialize.
Applying a similar effective mix of the historical and relational dimen-
sions of taxation, Saylor shows that this translation may not exist given
that patterns of international insertion may not allow a robust taxation
taking place. Looking at the War of the Triple Alliance of the nineteenth
century, he shows that one of the reasons behind why fiscal sustainability
threats—driven by war and the preparation for war—did not end up in a
robust tax state in Brazil and Argentina, was because the same economic
factors that caused the high volatility in the first place, namely, the region’s
place within the global hierarchy characterized by the supply of natural
resources and lack of access to international credit, created political
coalitions of net debtors that did not regard building tax capacity to be in
their self-interest, thus never advocated for a strong tax system, impeding
its development. This underlines the importance that the political and
social configurations in hierarchical societies, namely the formation of rul-
ing coalitions, have over the long run for economic development and in
particular for taxation (Centeno & Ferraro, 2013).
The importance of international factors in explaining the puzzle is fur-
ther emphasized from the transnational perspective. Gomez-Sabaini et al.
show that it could be the case that countries do not strengthen their tax
systems, not only because their mode of insertion into global economies
do not ask them to, or do not create the political atmosphere that favors
robust taxation, but also because it may not be necessary to engage in the
exhausting bargaining processes with economic or political elites to create
LATIN AMERICAN TAXATION FROM A NEW PERSPECTIVE... 241
2.2 Citizenship and Taxation
The historical, relational, and transnational perspective on taxation
exposed in this book also contributes to our understanding of the link
between taxation and citizenship. Citizenship regimes—the way in which
persons are recognized as legitimate political actors, bearers of rights and
242 J. ATRIA ET AL.
responsibilities before the state, and able to use stable mechanism of par-
ticipation in the public and political processes (Collier & Collier, 1991)—
can be further explored if taxation is analyzed. In this sense, tax analysis
can expose who has political membership, the kind of rights individual
persons (or groups) possess, and how the mediation of interest with the
state is structured—the three critical empirical questions to assess citizen-
ship (Yashar, 2004). Citizenship regimes can vary within these three
characteristics—for example, resulting in liberal, pluralist, or multicultural
approaches to citizenship (Isin & Nyers, 2014)—in theory and practice
and analyzing taxation may not be the most common approach to deter-
mine these characteristics. Still, tax analysis can provide an additional
perspective on critical state–citizen relationships and help understand
dynamics in citizenship regimes.
Tax regime analysis, afar from representing simple numbers, indicate
the state’s capacity to extract resources, its legitimacy, and the dynamics of
intersubjective recognition among citizens in a polity. Analyzing and
understanding these three characteristics of taxation are useful to under-
stand all three aspects of citizenship regimes. Tax capacity, the degree to
which a state can extract resources from its citizens, enables us to observe
not only the coercive power of the state but also which linkages exist
between the state and individuals or groups, thus allowing to infer which
forms of interest mediation are dominant and which are not. Taxation also
shows which degree of state legitimacy exists within the society and deter-
mined groups, as coercion alone is not sufficient to guarantee tax compli-
ance. “Quasi-voluntary compliance” (Levi, 1988)—voluntary compliance
in the shadow of coercion—has to be established and, as the fiscal contrac-
tual school proposes, has to be negotiated with dominant groups in the
society. Again, based on levels of compliance and the characteristics of the
tax system, the exclusive rights and intermediation are made visible.
However, trading taxes for services, benefits, or obligations, such as
the fiscal contract model proposes (Timmons, 2005), obscure important
pillars of the tax system. These pillars have to do with recognition and soli-
darity. Latin American states are, as Biehl and Labarca in this volume
rightly assess, “only legitimate when they spend and not when they tax”.
This is correct but the legitimation also rests on citizens’ beliefs in the
image of the states transcendent authority and credibility. Such an image,
however, is dependent on the ability of the state to offer citizens moral
recognition in reward for their generosity of the collective (Mauss,
1990). Their generosity—in the form of tax payments—hinges on two
LATIN AMERICAN TAXATION FROM A NEW PERSPECTIVE... 243
points: the feeling of identification with the collective to which they seek
membership via payment (Abelin, 2012) and the level of mutual trust
and intersubjective recognition among citizens in the society.
Recent governments in Latin America have indeed, aimed to revitalize
the fiscal bond via politics that aimed to restore an image of authority and
credibility, especially within former marginalized groups, increasing social
spending or redefining citizenship regimes via the granting of new rights
or the inclusion of identity groups—such as in Bolivia, Ecuador, Argentina,
or Brazil. Some authors have argued that this strengthened the fiscal con-
tract in the region (Bird & Zolt, 2015). The chapters in this book, how-
ever suggest that the progress of enhancing intersubjective trust and
recognition, particularly between the elite and the marginalized groups,
remains opaque and, more importantly, given the persistent high rates of
evasion and avoidance, as well as multiple forms of exemptions, as, for
example, highlighted by Garita and Castañeda in this book, it seems
unlikely that the state increased its authority and credibility versus the top
income groups and economic elites.
The chapters in this book make further contributions that shed light on
the dynamics of citizenship regimes in the region, highlighting particular
forms of effective political membership, interest mediation, and the per-
petuation of exclusive and particular rights and privileges in the realm of
taxation. For example, the contribution by Rodríguez and Águila suggest
forms of gender-based indirect discrimination in taxation, which even sur-
vived a self-proclaimed progressive government in Argentina, indicating
unequal treatments of formally equal citizens. Privilege and exemptions in
the tax code are also stressed in the work of Garita and Castañeda. These
authors remind us that, even after the tide of leftist governments in Latin
America, neo-liberal economic discourses are still a powerful tool to legiti-
mize such discrimination in taxation.
Most authors in this book relate the instable and partial fiscal pacts in
Latin American tax systems to the forms of interest mediation or some-
times imposition in Latin American countries. They show, as, for example,
Saylor and Schneider do in their chapters, that tax policy largely has been
an “elite affaire”, dependent on the fragile and temporal agreements among
competing elites. Thanks to the transnational perspective they apply they
can additionally show that such arrangements are always dependent on the
current form of a country’s intersection into the global economy, which is
the principal motor shaping an actor’s interests and positions. In terms of
citizenship, they provide an additional view on the illiberal Latin American
244 J. ATRIA ET AL.
2.3 Elites and Taxation
The role of elites is essential to understand the conditions under which
social and economic development can take place (Amsden et al., 2012). In
taxation, the power of elites is broadly acknowledged to oppose or accept
progressive tax policy and achieve greater state capacity (Herrera &
Ferraro, 2013; Scheve & Stasavage, 2016). Taxing the elite represents a
big challenge in every country in political, administrative, and legal terms
(Tanzi, 2014), which in Latin America is clearly observed through the
multiple ways the elite exert power in critical periods of debate and
reform—particularly in the form of instrumental and structural powers
(Fairfield, 2015). Thus, the elite that matters in this book has to do with
those individuals somehow related to economic and political decisions.
The chapters of this book provide several lessons to deepen and expand
the field of elite studies and to assess the role the elite plays in Latin
American tax policy. To begin with, one lesson relates to the level or scale
to analyze the influence of the elite. Too often, the elite is conceptualized
at the national level, that is, as a homogeneous actor within countries.
However, the evidence in this book suggests that a more fine-grained anal-
ysis of the elite and its influence on taxation is needed. The chapters that
track the historical dimension of taxation in this book suppose that the
influence of elites has to do with differences in power or resources, which
are, for example, based on the control of economic sectors, regional politi-
cal power in the case of regional caudillos, or other resources that facilitate
their influence on national decision making. As Saylor argues in this book,
such conflicts between elite groups frequently represented a greater threat
than external wars in Latin American countries during the nineteenth
century. As a consequence, tax systems remained decentralized to main-
tain domestic peace at the cost of the development of effective tax systems
(Aboites Aguilar, 2003).
On the other hand, the power and influence of local elites is decisive for
the long-term development of tax systems in federal systems of govern-
ment. Following the classic federalist theory (Riker, 1964), Schneider in
his chapter states that “federalism is often an elite affair”, highlighting the
multiple intra-elite bargaining taking place at regional–national or
246 J. ATRIA ET AL.
this book show that Latin American elites share a common peculiarity.
Elites appear to be difficult to discipline and unwilling to pay, suggesting—
as Biehl and Labarca find—the lack of a social objective pursued by the
state. This resulted in the reliance on traditional paternalistic forms of
insurance in the labor market or within subnational states as temporal
solutions and a non-organic income taxation in which privileges, exemp-
tions, evasion, and avoidance have characterized its performance.
Achieving more progressive and redistributive tax systems, sustained by
a more visible and long-term fiscal pact, suggests complex processes of
negotiation for the future. Upcoming improvements should include a
higher diversification of the tax structure, a broader view of international
conditions, and a wider tax base with a compromise of greater social
expenditures. Recent evidence shows that redistribution can also be
pushed by center-right governments, though under special conditions and
including the participation of several organized actors (Fairfield & Garay,
2017). This scenario raises new questions on social policy expansion, elec-
toral competition for low-income voters, and the changes in political
economy that facilitate rethinking fiscal pacts.
In addition, the nexus between elites and taxation should be further
explored in a relational perspective. Most of the studies on this topic remain
neo-institutionalist in design and frame elite behavior as rational choice.
Only a few studies for Latin America have examined the influence of elites
in shaping overall social norms of merit, need, and equality, detected as
important values to argue progressive taxation (Gaisbauer, Schweiger, &
Sedmak, 2013). Even more, the discursive and normative legitimation of
limited redistribution via taxation of Latin American elites is seldom stud-
ied (Atria, 2014; Grimson & Roig, 2011), as are strategies of framing tax
policy proposals in public discourse or public agenda setting, found as
important in other countries (Lakoff, 2014). In fact, it seems remarkable
that in societies marked by high levels of inequality and poverty, public
debates about structural tax reform are comparatively seldom.
2.4 Inequalities and Taxation
By most measures, both income and non-income based, Latin American
countries tend to exhibit the highest levels of inequality in the world.
According to the Gini index provided by the United Nation, 15 out of the
25 most unequal nations on earth are located in Latin America.
Concentration of income is also remarkable as available data report that
LATIN AMERICAN TAXATION FROM A NEW PERSPECTIVE... 249
the five countries with the richest 1% of the population are all Latin
American countries (CEPAL, 2016). A salient characteristic of this situa-
tion is its entwinement with other forms of social inequality such as ethnic
or gender inequalities.
Excessive inequality levels—as experienced by most Latin American
countries—are a source of major concern as they tend to generate harmful
effects on a range of goods societies value, such as security, stability, eco-
nomic growth, and happiness. For the interest of this book, inequality is
both a cause and a result of the Latin American challenges in taxation.
Inequality is partly the result of tax systems that collect too little, par-
ticularly from the richest. Revenue collection of the personal income tax—
framed by Johannes Popitz as the “queen of taxation” (Popitz, 1926)
given its high potential to redistribute income, is very weak (see Atria et
al., this volume). The tenth decile, the only decile that basically contrib-
utes to income taxation in the region—rendering it a class tax in the words
of Biehl and Labarca—has effective tax rates that range between around
1% (Paraguay) and 10% (Mexico). Just to compare, 25.6% is the average
effective tax rate of the tenth-decile member countries of the Organisation
for Economic Co-operation and Development (OECD). (CEPAL &
Oxfam, 2016). It is evident that tax policy is an important explanation of
the high inequality of income experienced in the region. In fact, according
to a study of CEPAL (2016), if taxation of the richest decile reached 20%,
that is, an effective tax rate lower than the average of Europe, regional
GINI would drop to 0.36. A level that is close to the OECD average.
This book and its approach brings new understanding into this relation
between taxation and inequality, particularly on how inequality may lead
to poor and deficient tax system, and what elements should be taken into
account when analyzing possible solutions.
In relation to the inequality–taxation link, an aspect that most authors,
either from a historical, transnational, or relational perspective, high-
lighted was the enormous influence that some relevant groups had on
defining tax policy, be it the ranchers and the coffee planters in Argentina
and Brazil in the nineteenth century described by Saylor and usually cap-
tured into the concept of elites, or the business interest groups in Colombia
described by Castañeda. This is a narrative already established by eco-
nomic historians, which explain the perpetuation of Latin American
inequality as the consequence of a self-interested groups that create insti-
tutions that reproduced historical inequalities (Sokoloff & Zolt, 2007).
However, this research underscores other important elements worth con-
sidering in the study of this association.
250 J. ATRIA ET AL.
One salient element of this book is how the formulation of social policy
has been more responsive to the need of attracting foreign capital and
generating economic growth than to the urges coming from extended
poverty and inequality. Garita evidences the indiscriminate use of tax
incentives in the region, coming from a narrative that asserts that by
reducing taxes more foreign capital can be attracted. Although proven to
be deceived, this narrative and its connected policy implication perpetu-
ates weak state capacities and results in fragile capacities to tackle poverty
through robust social policy.
Not only by tax incentives has the region reproduced a tax system that
is unable to reduce inequality, but also through a weedy system of insur-
ance. Biehl and Labarca show how the existing fiscal pact in Argentina and
Chile used their labor market to process economic uncertainty and counted
on employees and employers to provide contributions to insurance firms
(e.g. for pensions and health). Under this system, protection and insurance
is subject to other factors different from the needs of the disadvantaged.
Another relevant input is the importance to go beyond this idea so
common on studies on inequality in Latin America, which states that only
by taxing the super-rich inequality could be reduced. As it becomes evi-
dent in the study of Biehl and Labarca, the impossibility of taxes to con-
tribute to a reduction in inequalities comes precisely from the fact that
only elites pay direct taxes on income. The impossibility of going beyond
a class tax has been a limit to a strong redistributive tax system that requires
not only a wide tax base but also cooperation and solidarity.
An additional relevant element that this book has included is the gender
perspective. A good component of the high socioeconomic inequality
experienced in the region has to do with the existence of high levels of
gender inequality. Tax policy, by not recognizing gender differences, helps
perpetuate them. So far, the study of the inequality–taxation link has
ignored gender differences and gender biases that exist in taxation. The
chapter of Rodriguez and Aguila show that such biases, although not
explicit in tax legislation in the region, can shed new insights. In fact, it may
render common wisdoms upside down. For instance, a gender-blind analy-
sis of taxation may suggest that a certain tax may be progressive and favor
reductions of inequality, but there is a process of tax burden shifting inside
households between male and female, which may circumvent the redis-
tributive purpose of the tax. For instance, a tax on luxury cars in practice
could mean that income from the female—usually with lower income—is
shifted so that men can maintain the same levels of consumption. In the
LATIN AMERICAN TAXATION FROM A NEW PERSPECTIVE... 251
2.5 Fairness and Taxation
The regressivity of Latin American tax systems reveal, beyond an economic
evaluation, an unequal tax burden between taxpayers, high levels of fiscal
inequity in comparative perspective, and a subsequent weak role of the state
in tackling high socioeconomic disparities. This suggests that one principal
characteristic of tax systems in Latin America is that they are unfair.
Considerations of fairness and taxation are of special importance in times of
uncertainty, in which the fiscal costs of adapting to changing economic cir-
cumstances have to be allocated within the society. Latin American history
shows, however, that in times of austerity weakly organized, non-
represented, and marginalized groups are more likely to pay the lion’s share
of structural reform.
Several challenges exist to improving fairness in Latin American taxa-
tion. Starting from the findings of this book, the following elements are
discussed: first, the exemptions, mechanisms, and special regimes, under-
stood as tax expenditure, still play a decisive role in the region’s tax systems.
This is shown in chapters by Garita and Castañeda in the Guatemalan and
Colombian cases, respectively, albeit its magnitude and importance is also
clear in Chile (Agostini et al., 2012; Atria, 2015; Jorratt, 2013), and other
Latin American countries (Villela et al., 2009, Biehl and Labarca in this
volume). Fairness concerns arise from tax expenditure, especially with
regard to taxation on high-income earners, as it creates horizontal inequi-
ties, makes its monitoring and enforcement difficult, and facilitates tax
noncompliance with help of experts that accommodate the tax law in ben-
efit of particular interests of taxpayers (Harrington, 2016). Nonetheless,
high levels of tax expenditure produce vertical inequities as well, by dimin-
ishing the income tax potential (Corbacho, Cibils, & Lora, 2013) and
favoring the reproduction instead of the reduction of income disparities. In
addition, as shown by Rodríguez and Águila the tax exemptions tend to
benefit male taxpayers, increasing gender inequality.
252 J. ATRIA ET AL.
can build on the insights in this volume that in Latin America tax regime
formation has been narrowly linked to transnational aspects of power and
international economic insertion.
Finally, future research should continue to study the dynamics of
inequality and concentration of wealth in high-income groups with the
help of tax information, following the developments in economic science
in recent years. However, such findings have to be completed with the
study of tax and redistributive perceptions and preferences. This would
allow to relate the advances in economics with those of sociology, political
science, and history, exploring how trends in income concentration and
the strong elite influence in Latin American tax systems prompt particular
patterns of beliefs, perceptions and preferences on taxes, redistribution,
and the role of the state in general. This would help uncover the dominant
values and meanings in the conception of taxes; the conditions under
which taxation is discussed, framed, and designed; and how the feedback
of tax policy and its institutions transmits, stimulates, and reinforces,
which is considered as just, fair, and efficient in the realm of taxation. Such
research can be built on the findings of this book, which hopefully fos-
tered a more comprehensive understanding of taxation and will help make
taxation fairer, just, and more sustainable in the region.
Note
1. Several authors have developed a critique of contemporary political analysis
focusing on these pitfalls. See for instance, Luna, Murillo, and Schrank
(2014).
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Index1