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BERGMAN - Chile y Argentina
BERGMAN - Chile y Argentina
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to Journal of Latin American Studies
MARCELO S. BERGMAN
Abstract. This article compares the effects of tax reform on tax com
Argentina and Chile. After constructing three different comparative inde
compliance, it proposes a comprehensive approach, which includes poli
omic and sociological explanations to address the different behaviour of t
each country. It concludes that Chile was able to enhance better tax
because it has implemented a permanent, stable and rational policy tha
for the development of an effective tax administration - a process n
accomplished in Argentina. Tax reforms may enhance better compliance
they reverse the entrenched evasion strategies of the taxpayers.
Introduction
Why do states differ in their abilities to collect taxes? What must govern-
ments do in order to secure higher levels of tax revenues ?
This article examines the success of Chile and the failure of Argentina in
collecting taxes over the last decades. By contrasting the two experiences, it
demonstrates that a successful tax policy relies to a significant extent on the
population's degree of voluntary tax compliance. Since Chile has been able to
enhance higher degrees of tax compliance by its citizens over an extended
period of time, it has succeeded in raising significant tax revenues. In com-
parison, Argentina, which also launched major tax reforms that rendered
initially good results, failed in the long run to maintain sustainable tax col-
lection.
* The author is grateful for the comments of two anonymous JLAS reviewers.
1 M. Levi, On Rule and Revenue (Berkeley, 1988), and C. Tilly, Coercion, Capital and European
States (Massachusetts, 1990).
the ability of tax administration (TA) and other state organisations effectively
to detect and punish citizens who disobey the tax laws.2
During recent decades tax evasion has been modelled as taxpayers'
rational response to their subjective appreciations of the probability of detec-
tion and sanction.3 These models, however, failed to demonstrate how these
subjective appreciations are formed. The social environment in which people
act is crucial to determining the survival, spread or demise of social and
economic behaviour.4 The differences between the environment in Chile and
Argentina enables tax enforcement to be more effective in the former than
the latter.
7 A. Arenas de Mesa and F. Bertranau, 'Learning from Social Security Reforms: Two Dif-
ferent Cases, Chile and Argentina' World Development, vol. 25 (1997), PP. 329-48.
8 Information was calculated from two sources: For Chile, see 0. Larrafiaga, 'Casos de exito
en la politica fiscal en Chile, 1980-1993,' CEPAL Serie Politica Fiscal No. 67 (Santiago de
Chile, i995); and for Argentina, V. Durin and J. C. Gomez Sabaini, 'Lecciones sobre
reformas fiscales en Argentina: 1990-1993,' CEPAL, Serie Politica Fiscal no. 68 (Santiago
de Chile, 1995). For 1996 the total central government tax receipts for Argentina was
14.8 per cent and for Chile I7.5 per cent.
One indicator of compliance is 'VAT productivity' (see Table 2). The pro-
ductivity of a tax effectively sheds light on the magnitude of compliance.
PVAT measures the yield of each percentage point of the tax rate as a share
9 Only during a brief period in the late i98os did excise taxes surpass the revenues generated
by VAT in Argentina.
10 Servicio de Impuestos Internos (SII) Ingresos tributarios anuales de i992 a 2ooo (2ooi).
11 Durin and Gomez Sabaini, 'Lecciones sobre reformas fiscales en Argentina: 1990-1993,'
CEPAL, Serie Polituca Fiscal no. 68 (Santiago de Chile, 1995).
12 AFIP, Estudios sobre cumplimiento tributario (Buenos Aires, 1998).
13 The most comprehensive and well-studied tax compliance measure has been the TCMP
(Tax Compliance Measurement Programme) developed in the United States. It estimates
compliance, for both individuals and businesses based on tax audit results of a large ran-
domly selected sample from tax returns. A TCMP, which provides useful and rich data, has
not yet been used in any Latin American country. The TCMP is a good estimator, mainly
for income tax, which, in both Chile and Argentina, does not constitute the main source of
tax revenues. The cost of a TCMP type of programme for VAT is extremely expensive,
since an in-depth audit of VAT requires a thorough inspection of inventories that must be
conducted on the premises of the firms. This and other considerations rule out a TCMP-
type estimate of compliance.
of GDP.14 Since the tax base and the tax rates have a strong effect
productivity level for compliance purposes a comparison of PVAT bet
countries must be based on compatible tax bases and tax rates. Tho
indeed the cases of Argentina and Chile. In Chile the productivity rate w
per cent, whereas in Argentina PVAT reached only 33 per cent. In
words, for Chile every point of the VAT rate generated revenues close to
per cent of its GDP, while in Argentina only 0. 33 of every percentage p
of GDP is yielded by every VAT point. This indicates that for every poin
VAT rate, Chile's tax agency collects almost 50 per cent more than
counterpart in Argentina (49 per cent against 33 per cent), suggest
higher evasion of the latter. Chile's tax base is slightly higher, which
tributes to increase productivity, however, this difference is minima
than seven per cent difference in tax base). Therefore the sizes of the ta
are compatible but the yields differ markedly.
Tax rates do not appear to have a major impact on this or any ot
compliance coefficients. Throughout most of the period under study
rates changed in both countries, but they remained between 16 per cent
18 per cent." Thus, VAT rates in these two countries do not explain
differences in tax compliance.
tax gap.1 This tax compliance coefficient must be accepted with certain
reservations because the tax base is calculated from national accounts, which,
at times, are not entirely accurate,18 or occasionally their reviews are not
updated for many years.19 Therefore any tax compliance coefficient rep-
resents an approximation of the differences between potential and current
revenue.
90
80 9
70,
60 , _ /
50.
40
or
30
89 90 91 92 93 94 95 96 97 98 99
r 1
-I - -
Fig. i. C
I introd
export r
as subtr
in custo
This ind
reported
Based on
clear: wh
21 The ass
of entry.
(1992-199
theless, as
accounts,
affect, at
el valor de
(Santiago
22 In addi
measure c
enhanced
not comp
one of ev
foreign t
70,
60
50 .
30I90
I -91 92 93 94 95 96 97 98
E_ _ Chile -g - Argentina
Fig. 2. Net Compliance Coeffiient.
Chile's SII had been able to increase its revenue enhancing capacity. The
'Tequila effect' in 1995 (the spillover of the Mexican economic crisis) may
only partly explain the increase in tax non-compliance in Argentina, since
after 1993 this index was already showing a decreasing trend of compliance,
more than two years prior to the effects of the Mexican financial crisis.
In sum, all three indicators suggest that tax compliance in Chile is much
higher than in Argentina. Although in 1992-1993 Argentina enjoyed
lower rates of tax evasion, this success proved short-lived. In contrast, Chile
demonstrated a trend of improving tax compliance. The disparate results
of tax reforms must be explained from a comprehensive perspective,
which considers macroeconomic, political, administrative, and sociological
variables.
reforms in Chile and Argentina were launched and implemented under ex-
clusionary military regimes they yielded different long-term results. This
section examines the major reforms in each country and their impact on
developing an effective deterrence.
Argentina
Over the last 25 years, in spite of short-lived success (1979-I980, 198 5-1986,
199 -i993) Argentina has been unable to sustain a stable tax policy and an
efficient administration capable of deterring tax evasion. The state's tax
agency was weak, tax returns remained overwhelmingly unchecked through-
out most of this period,"9 there was no unified code for tax registration
systems, the mechanisms for punishing tax fraud and evasion were outdated
and inefficient, and even the tax court adjudicated on less than i o per cent of
cases filed.30 Training for tax auditors declined, and their detection capabilities
were limited due to a lack of systematic third party systematic reporting. As
one high-ranking DGI official said, 'tax auditors were completely blind,
they could only detect what taxpayers were willing to show them'.31
Therefore, during the i980s taxpayers lacked real incentives to pay
taxes since the probability for being detected and punished was extremely
low. Non-compliance rates averaged 60o per cent and sometimes exceeded
75 per cent. Taxpayers accurately perceived the favourable odds of cheating
the government. VAT revenues were mainly collected in customs, in the
public sector, and by large corporations that have accounting and managerial
systems more favourable to compliance.32
and M. Marcel, 'Diez afios del IVA en Chile,' Coleccidn Estudios CIEPILAN, no. 19 (1986)
pp. 88-i34.
29 J.C. Gomez Sabaini, Tax Policy Director 1984-1987. Interview held in Buenos Aires or
16 July 1995.
30 Reported in a personal interview held in Buenos Aires on 27 June 1995 with Pedro Pagani
former national director of the Fiscal Tribunal (Tax Court) between 1985 and 1989.
31 Interview with Horacio Castagnola, director of DGI's audit division DGI. Buenos Aire,
3 July 1996. In February 2oo2 Castagnola became the head of the DGI.
32 Large corporations lack the incentive to evade VAT by misreporting sales. In order tc
under-report sales they require a very complex double accounting system, which is also
considered a fraud punishable under the penal code. In some cases, however, large
companies over-reported VAT credits in order to reduce VAT liabilities, using comple)
accounting techniques. Nonetheless, this is not overwhelmingly practiced. Large companie,
reduce liabilities, generally in the income tax category, by relying on sophisticated ta)
avoidance procedures. Therefore, not many VAT under-reports have been found in large
companies' audits in Chile or in Argentina. In Chile, during 1996, only 9 per cent of tota
additional assessed taxes by audits of large corporations were VAT related. In Argentin,
for i997 this was only 7 per cent.
Throughout this period new tax initiatives overlooked the DGI's admin-
istrative limitations. During the I98os these policies included multiple tax
rates for different economic activities, continuous changes in the tax base
and provided tax credits for 'productive' activities that were rarely inspected,
thus conspiring with the self-enforced nature of VAT.33 Tax credits launched
to enhance economic growth helped to reinforce a weak state. The govern-
ment was incapable of monitoring and effectively controlling these tax
credits and thus became hostage to corporate lobbying, particularly during
the severe economic crisis of the I980s. This became a major difference
between Argentina and Chile, as Chile has effectively avoided using VAT
as a direct incentive for growth.
The most successful tax reform in Argentina was introduced in 1990-
1992, a reform which for the first time aggressively tackled the administrative
aspect of tax collection. Some of the most important innovations included:
the introduction and strict enforcement of a unified taxpayers' registration
code; the simplification of many tax returns; the legislation of new penal
statutes to prosecute tax evasion; massive computerisation of all tax pro-
cedures and information; and the addition of more than oo00,000ooo new names
to a category of closely monitored major taxpayers.34
The new administration reduced the countless exemptions and tax in-
centives, which during the 1970s and I98os, had weakened the state's
capacity to enforce tax laws and generated tax loopholes which were for tax
administration officials to detect.35
As shown by the indexes in section two (particularly the NVC), the initial
effect of these and other measures was significant. For the first - and per-
haps the only - time in Argentine history VAT voluntary compliance ex-
ceeded 50o per cent. However, these reforms failed to achieve sustained
improvements, as the decline of tax compliance after 1993 indicates. Why was
tax compliance reversed? Why did tax evasion return to the historic pattern?
Tax compliance is the result of taxpayers' subjective perception of the risk
of detection and punishment. Therefore, it must be assumed that taxpayers'
risk perception diminished after 1993, which in turn lowered the taxpayers'
risk aversion and increased the level of evasion. Presumably taxpayers per-
ceived that non-compliance was safer in 1994 than in 1992. Since there were
no significant changes in tax administration between 1993 and 1994 which
33 A. Tait, Value-Added Tax: International Practice and Problems (Washington, DC, 1988).
34 This was the Sistema Dosmil (System Two Thousand), originally designed to monitor the
tax returns of the two thousand major contributors immediately below the category of
leading major national major corporations (today approximately 1,700). The Sistema Dos-
mil was later expanded to include each region's major two thousand taxpayers. Today they
account for more than 0oo,ooo. The degree of monitoring, however, is not as thorough.
5 FIEL, El sistema impositivo argentino (Buenos Aires, 99i).
Chile
36 On the contrary, more than ,500oo new tax agents were effectively incorporated in 1993.
37 Nonetheless, many exemptions were left intact or only slightly adjusted (for a complete list,
see M. Marcel, 'Diez afios del IVA en Chile,' Coleccio'n Estudios CIEPLANNo. 19 (Santiago
de Chile, 1986), pp. 88- 34. The literature on indirect taxation in developing countries
emphasise the need to eliminate tax incentives. However, the fact that Chile has been able
to achieve greater compliance with less but still numerous tax exemptions, indicates that
tax incentives and exemptions on VAT is not a crucial independent variable in explaining
compliance.
The 1974 reforms also dealt successfully with inflation distortions, both in
terms of the burden they create on taxpayers (VAT credits) and on the
depleted revenues of the state. In contrast, Argentina failed to successfully
establish a reliable indexation system to offset the pervasive effects of in-
flation over tax revenues. By the I96os Chile had already launched a modern
system of indexation, which was further reformed in 1974 and has changed
very little.38 Since changes implied complexities that could have created new
inequities, the existing system of indexation was preferred because it had
proved to be administratively effective. As the Chilean case indicates shows,
a good tax policy means more than reasonable laws; it is one that allows for
good administrative performance.
The efficiency-driven reforms proposed by the ticnicos were partially ac-
cepted by the Pinochet regime. The pillar of tax uniformity, which VAT
requires in order to reduce loopholes and increase regulatory and audit ca-
pacity on the part of the tax agency, was introduced with minor exemptions
(sales of the agricultural sector continued to benefit from tax incentives). The
new regime eliminated special treatment for groups, which due to political
and other considerations had received tax benefits in the past.39 In other
words, the drive of the new tax administration was to enhance horizontal tax
equity.40
The success of new tax policies often relies on favourable political con-
stellations. During the i970s the Pinochet regime was not compelled to deal
with any serious distributional issues. The rejection of Allende by large seg-
ments of society and by the markets provided the new regime with broader
support than that enjoyed by the Argentine military regime. The strength of
the Chilean right also provided long-term and stable support.41 This led to a
more 'insulated' government in Chile, less dependent on the dictates of
powerful economic groups.42 The new regime in Chile achieved higher de-
grees of autonomy, while the Argentine military regime failed to consolidate.
A more autonomous government enjoyed higher leverage when it came to
launching drastic tax policies with less public resistance. In sum, tax reforms
in Chile were implemented by a strong government that gave full support to
its implementation. It has insulated them from predatory or veto powers
from social actors.
The second Chilean reform of 1984 dealt principally with income tax.
Aside from periodic adjustments of VAT rates and the tax base in order to
42 J. Martinez and A. Diaz, Chile: The Great Transformation (Washington, DC, 1996).
reduce fiscal deficits, there were no major shifts between 1974 and 1990 in
the policy and administration of Value Added Tax. As regards taxation, the
major developments were within the SII, which increased its registration and
inspection capacities, significantly improved informational systems, estab-
lished a solid and cohesive professional team of administrators and benefited
from the long-term stability of its leadership. For example, between 197 5 and
1999 a total of five directors headed the SII. In contrast, during the same
period, there were 14 DGI directors in Argentina.43
The third tax reform was launched after the 1990 election and aimed to
increase revenues in order to fight poverty. These reforms were implemented
within a different economic and political environment. However, the Con-
certacidn had incorporated two very important lessons developed during the
Pinochet regime: i) That fiscal discipline is crucial for any economic policy
and z) that it is preferable to have horizontal tax equity than vertical tax
equity.44 In the medium- and long-term, horizontal equity may also contrib-
ute to improving vertical equity. In short, the new administration decided not
to depart from generally prudent tax guidelines which relied on simplicity,
effectiveness and, most importantly, a policy that generated redistribution of
wealth through public spending rather than directly through the tax system.
These policies allowed Chile to achieve greater effectiveness and legitimacy.
After 1993 Chile's index of 'net compliance' (NVC) exceeded 60o per cent and
total VAT tax evasion (CC) decreased to less than 22 per cent. These are
impressive coefficients even for more developed countries. Tax compliance
improved also by Chilean standards. The Concertadcin democratic government
reduced tax evasion and enhanced voluntary compliance with better standards
than the already good performance gained by the previous military regime.
43 The difference in professional and managerial stability of the SII and the DGI could be
interpreted merely as a reflection of their respective tax policies' rate of success. It is
intrinsically connected to Chile's economic recovery and the severe economic crisis of
Argentina. However, between 1990 and 1996 there were four different DGI directors at the
time of the most successful tax reform period. Leadership stability is not necessarily a
dependent variable, but to a certain extent a causal factor of tax administration and policy
success.
Only during the first Menem presidency were many reforms finally
implemented. The same political conditions that allowed the widespread
approval of the convertibility plan also enabled the strengthening of the DGI
and new tax measures. Yet, this effort was short lived. The structural de-
pendence of the DGI on the political elite and the finance ministry,
the institutional resistances within the organisation, combined with several
political and administrative mistakes,49 cut short the effort to modernise
and transform the DGI into an effective administration. Weak deterrence
followed.
Summary
The reforms in VAT in Chile and Argentina display several similarities and
differences:
Major Similarities
(i) Broadening of tax base and reduction ofpotential loopholes. A VAT base of
50 per cent to 60o per cent of GDP.
(2) Significant reduction of tax exemptions to previously favoured sectors or
corporations.
(3) Significant incorporation of Information Technology.
(4) Unification into a single VAT rate of 15 per cent to I8 per cent range.
(5) Similar penal statutes for tax code violations.
(6) Macroeconomic stability and economic growth during the I990s.
Major Differences
* Inflation. Until 1991 Argentina had higher inflation than Chile over most
of the period under study. This has an effect on tax revenues as higher
inflation depletes tax receipts.50 However, after the drastic reduction of
inflation in the 199os, Argentina still had a higher non-compliance.
49 With the privatisation of the trains and railways in 1993 more than 2,00ooo officials were
transferred and were incorporated to the DGI. In addition the DGI started to collect social
security funds. In 1996 the DGI merged with customs agency. From i2,ooo employees in
1991 it mushroomed to 19,000 five years later. In addition, much emphasis was placed on
crusade campaigns to enhance deterrence. However, these campaigns usually prove short-
lived if permanent programmes of surveillance, control and fiscalisation are not developed.
This is a major difference between Chile and Argentina.
50 Since 1991 inflation has been significantly reduced in Argentina. Therefore, in the 199os,
the Tanzi effect should have depleted more revenues in Chile than in Argentina. But
evidence shows the opposite. During the I990s the effect of price stabilisation in Argentina
generated increased revenues only during the i990-1992 initial phase. In Chile, on the
other hand, even with moderate inflation, revenues and compliance improved throughout
the 1990s.
In search of an explanation
Economic explanations
The great disparity in fiscal performance between Chile and Argentina has
been explained principally with reference to the effect of macroeconomic
variables.51 Starting from the late 197os, and particularly from the mid 198os,
economic reforms in Chile produced a 'miracle' and high levels of growth
that continued well into the 1990s. Under such favourable economic con-
ditions, the level of compliance improved. On the contrary, Argentina's
51 S. Edwards, Criiss y reforma en America Latina (Buenos Aires, 19935) and FIEL, La Reforma
Tributaria en Ameirica Latina (Buenos Aires, 1998).
failures and economic instability in the 197os and i980s created adverse
conditions for better compliance.
This argument poses several questions. First, Argentina benefited from
mild economic growth in the late 1970s comparable with Chile's expansion;
however, Argentina did not achieve similar improvements in tax collection.
Second, Argentina's crisis during the early 980s was as severe as that of
Chile, but the ability of Chile to generate internal revenues was higher. Third,
and perhaps more importantly, between I991 and 1998 Argentina's GDP
expanded and economic conditions improved (excluding 1995), but tax
compliance stagnated. Thus, a friendly economic environment does not
necessarily correlate with better compliance.
Economic variables are, however, instrumental for the development of an
effective tax system. First, tax policies that rely less on regulation and more
on self-enforcing enhance better compliance. Second, a system that creates
incentives for better allocation of resources and relies on simplicity allows
for easier administration. Finally, consistent rather than shifting economic
policies allow better conditions for tax administration. All these elements
were met in Chile, contributing to better conditions for the development of
effective deterrence.
Over the last 15 years scholars and tax reformers have recognised the sig-
nificant role of the political dimension ;52 however, these studies lack a clear
specification of political variables. Studies suggest that launching tax reforms
requires strong political support, yet they did not address the circumstances
under which these political capacities can develop in order to overcome
political constraints. In short, they lack an in-depth analysis of the feasibility
of implementing well-designed reforms.
'Crafting deterrence' does not depend solely on the willingness of the elite
and the professionalism of the civil service, but also on the interplay of
political and social forces that shape the capacity of state agencies to over-
come resilience and institutional resistances to modernise.
52 During the I 980s and early I990s many volumes and articles were published on tax reforms
in developing countries. For a good summary of the salient issues, see Bird and Oldman,
Taxation in Developing Countries; Bird, Tax Poli~y and Economic Development; Gillis, 'Tax Re-
form'; M. Gillis et al., Value-Added Taxation in Development Countries (Washington, DC,
1990).
'gained decade'53 [la decada ganada] for tax reformers. Second, a new pol-
itical learning emerged from the debt crisis. In contrast to the previous
populist and heterodox periods, policy makers agreed that macroeconomic
stability could only be achieved by sound fiscal policies and the new econ-
omic programmes thus resorted to curtailing social spending and raising new
revenues. Third, the depth of the crisis was the engine for tax reform. The
deeper the financial crisis was, the easier for governments to carry out root-
and-branch changes.54 This hypothesis finds initial support in some Latin
America cases. The major reforms in Bolivia in 1986, Peru in I991 and
Argentina in 1990 responded to out-of-control inflationary spirals. However,
tax reforms in Mexico, Colombia and Chile were implemented under less
extenuating economic constraints. In sum, the success of a new tax policy is
based on: i) the ability of political elites to carry them out, and additionally
2) the particular political configuration of each country.55 (The social and
political conditions were 'ripe' for major tax reforms in Bolivia, Peru and
Argentina only after major economic collapses had exhausted all other
alternatives. On the contrary, in cases like Chile and Mexico, the ruling elite
were able to gather enough political support to impose its new agenda due to
their inherent capacity.56
Fourth, new political conditions in many Latin American countries57
elicited the development of a new social consensus about the need for major
reforms. This new political learning implied the acceptance of a less active
but more autonomous state, less subject to 'predation' from different sec-
tors.58 An autonomous state meant, first and foremost, a state able to tax.
53 See Carlos Silvani (1996) who, as a senior IMF tax advisor, participated and monitored
many of the reforms carried out in Latin America. He also became the head of Argentina's
tax agency in 1996.
54 R. Bird, 'Tax Reform in Latin America: A Review of Some Recent Experience,' Latin
American Research Review 27 (1992), pp. 7-36; and F. Durand and R. Thorp, 'Reforming the
State: A study of the Peruvian Tax Reform,' Oxford Developmental Studies, vol. 26 (1998),
PP. '33-51.
55 S. Berensztein, 'Rebuilding State Capacities in Contemporary Latin America: The Politics
of Taxation in Argentina and Mexico,' Working Paper no. 48 Universidad Torcuato Di Tella
(Buenos Aires, 1995) and R. Bird, 'Tax Reform in Latin America: A Review of Some
Recent Experience,' Latin American Research Review 27 (1992), pp. 7-36.
56 C. Elizondo, 'The Politics of Tax reform in Latin America,' Divisidn de Estudios Politicos #2,
CIDE (Mexico, 1995); and Martinez and Diaz, Chile: The Great Transformation.
I argue that the success of tax reforms lies in the ability of governments to
sustain them over time and build a strong and autonomous tax adminis-
tration capable of deterring tax evaders. The perceived severity of the pre-
vious fiscal crisis has forced policy makers to aggressively pursue a stronger
tax deterrent capability. But the ability to sustain such capacity after initial
successes also depended on their organisational and political ability to forge a
strong administration. In terms of institutional development, the more
autonomous the state, the higher the capacities to deepen its fiscal reforms
and neutralise predatory pressures from corporate and other rent-seeking
interests.60 Conversely, the more dependent states and governments are on
markets and lobbies, the less their ability to improve compliance and the
more constrained are to change distorted and non-horizontal tax policies.61
Therefore, the central question for each country is when leading social,
political and economic incentives allowed for the development of a more
autonomous tax administration capable of implementing an aggressive tax
policy, or when and to what extent was the state able to dictate an inde-
pendent fiscal policy. While it took the Pinochet regime three to four years to
consolidate an autonomous and efficient state, such autonomy was never
fully achieved in Argentina. Chile is the only country in Latin American that
deepened its tax reform and achieved sustainable tax revenues and com-
pliance. Moreover, it also successfully increased revenues after democrati-
sation due, in part, to the elite's ability to overcome political constraints.62
Conversely, Argentina, Bolivia, Colombia, Mexico and Peru did not gen-
erate sustained tax compliance. Reforms stalled after initially impressive re-
sults. Three to four years after reforms were launched in Mexico, Peru and
Argentina, compliance diminished and tax collection stagnated.
One interpretation suggests that that the 1994 Mexican crisis and its spil-
lover affected the reversal in the level of compliance. However, the data for
Argentina and Mexico clearly rejects this hypothesis since tax compliance in
both countries reversed at least 8 months before the crisis. The second
argument suggests that the trend in compliance shifted due to the constraints
imposed by electoral politics.63 However, such hypothesis cannot satisfac-
torily account for the stalled compliance, first because tax compliance de-
creased in these two countries at least 24 months before the elections, and
second, because as the Chilean election of i990 demonstrates, tax reform
and the increase in tax burden can be a legitimately contested electoral
issue.64
In sum, tax reforms throughout the region were caused by the severe
economic crisis of the 198os, which led to new political learning. However,
the depth of the crisis partially accounts for the first phase of the reforms.
The severe economic slowdown allowed for the development of favourable
coalitions and the loosening of old restrictions and political constraints.
These reforms achieved only moderate results, stalling after a few years. Only
Chile 'deepened' its tax reform in a second phase. This success is largely
explained by the extent of the tax administration's autonomy, which elicited
the development of modern state capacities.
Optimal tax theory has not addressed the implementation aspects of tax
reform. However 'the politics of implementation' - the ability to develop a
professional and motivated tax agency, insulated from political pressures
and sensitive to optimising enforcement - emerges as a central feature of a
successful tax policy. The development of a sound institutional environment
transcends the organisational dimension and becomes a central political
issue.
63 In 1993 Mexico entered the last part of the sexenio where the positioning of leading
contenders to the PRI nomination affected the political arena. In Argentina Menem's
successful attempt to seek a constitutional amendment to allow him run for re-election
completely dominated the political arena in 1993, and elections were held in early 1995.
64 The election politics hypothesis can be questioned for at least two reasons. First, 8 to
24 months prior to elections are considered an extremely long period for a 'paralysis' on
policy changes. Following this rationale, there are always elections every two years (con-
gress, governors, etc.) and consequently any unpopular policy reform could be possibly
launched during this time. Second, the Chilean case demonstrates precisely that tax reform
could be a legitimately contested electoral issue. Among the salient themes of the multi-
party Concertaci6n platform for the i989 election was a tax reform that called for an
increase of income and consumer taxes in order to address poverty. Both in 1964, at the
end of Alessandri's government when the Christian Democrats appeared about to win the
elections, and in 1990 under a different political constellation, tax issues became central in
pre-election campaigning and post election policy. In both cases the Christian Democrats
(in 1990 as part of the Concertaci6n) launched tax reforms geared towards vertical redis-
tribution, in order to alleviate poverty. When the Concertaci6n took power in early I990,
extensive tax reforms were among the first laws negotiated and passed through congress.
See Boylan, 'Taxation and Transition'.
The success of Chile vis 'a vis Argentina is explained by the political ca-
pacity of both the Pinochet regime and the first Concertacidn government to
neutralise rent seeking and predatory pressures, leading to the strengthening
of the SII. Under different circumstances, both governments supported
professionalisation of the tax administration authorities, de-politicised the
agency and legislated taxes that relied on friendly enforcement. This was
possible because the resistance and veto power of political opponents were
neutralised by coalitions that understood that horizontal equity and solid
fiscal performance was paramount for the success of the government. While
Pinochet imposed and the Concertadcin accepted the logic of fiscal balance,
no government in Argentina could muster a consensus about the need for
fiscal restraint. Fiscal balance requires steady tax revenues. Therefore, fiscal
responsibility demands a good tax administration.
Why do people pay tax ? Why has Chile been more successful than Argentina
in inducing its taxpayers to conform to tax laws?
As stated above, tax compliance is explained by deterrence. The in-
dividual's compliance with tax law is based on the subjective perception of
the likelihood of being detected in violation of the law as well as the sub-
jective perception on the severity of punishment.65 Therefore, for tax com-
pliance, deterrence means the individual's subjective perceived odds of being
caught in tax evasion.66 Taxpayers naturally overestimate the probability of
being audited and monitored by the tax agency.67 However, they do not
overestimate such probability at the same rate. Therefore, the likelihood of
detection is mediated by the subjective perception of such apossibility and not necessarily by
the objective levels of law enforcement.
65 Tax compliance entails tangible costs. Those costs have traditionally been measured in
monetary terms. If taxpayer's subjective perception is that the costs of non-compliance
may exceed the costs of full compliance, then, deterrence models will claim that the like-
lihood of non-compliance will decrease. Conversely, the stronger the perception that the
costs of non-compliance are not as high as the costs of compliance, the stronger the
tendency to break the law. Deterrence models are based on two important and distinctive
characteristics. First, they are only relevant to the extent that taxpayers have a subjective
perception of the plausibility of detection and sanction and, secondly, to the extent that the
sanctions may disrupt the normal functioning of a regular behaviour (Ekland-Olson et al.
1984). In other words, sanctions are only effective if the certainty of detection leads to a
punishment that disrupts routine or regular activities. R. Paternoster, 'The deterrent effect
of the Perceived Certainty of Punishment: A Review of the Evidence and Issues,' Justice
Quarterly 4 (1i987), pp. 101-46. 66 Klepper and Nagin, 'Tax Compliance,' pp. 20zo9-40.
67 Jeffrey A. Roth, John Scholz and Dryden Witte (eds.), Taxpayer Compliance. Vol. I: An
Agenda for Research (Philadelphia, 1989); and Cowell, Cheating the Government.
zenship Behavior' American Journal of Political Science 39 (1995), pp. 490--5 I2; J. Scholz and
M. Lubell, 'Trust and taxpaying: Testing the Heuristic Approach to Collective Action,'
American Journal of Political Science 42 (1998), pp. 398-417, and P. Webly, H. Robben,
H. Elffers and D. Hessing, Tax Evasion: An ExperimentalApproach (New York, 199 1).
70 Scholz and Pinney, 'Duty, Fear, and Tax Compliance,' pp. 490-512; and J. Carroll, 'How
Taxpayers Think about their Taxes: Frames and Values,' in J. Slemrod, Why People Pay
Taxes.
71 Mori, Investigacidn del Comportamiento de los Contribuyentes Frente a la Oblgadcion Tributaria. SII
(Santiago de Chile, 1998).
72 M. Bergman,'Who Pays for Social Policy? A Study on Taxes and Trust,' Journal of Social
Policy 31:2 (zooz2002); and Mori, Investigacidn del Comportamiento de los Contdbuyentes.
7n AFIP, Estadisticas Tdributadrias (Buenos Aires, I997).
Cultural perspectives
The cultural perspective on tax evasion relates to the approach and attitudes
of taxpayers in a given society towards the obligation of conforming to the
rules. Clearly Argentina differs from Chile in this respect. The central ques-
tion is why the difference in 'tax culture' emerged. I claim that the culture of
compliance is, to a great extent, the outcome of taxpayers' interaction with
the authorities and the internalisation of the perceived costs of compliance
decisions.
74 M. Steenbergen, K. McGraw and J. Scholz, 'Taxpayers' Adaptation to the 1986 Tax Re-
form Act: Do New Tax Laws Affect the Way Taxpayers Think about Taxes ?,' in Slemrod,
Why People Pay Taxes.
75 A. Das-Gupta and D. Mookherjee, Incentives and Institutional Reform in TaxAdministration: An
Analysis of Developing Country Experience (Delhi, 1998).
76 The question was: 'Suppose that last year your firm underreported i oo,ooo$ in sales. In
your estimation, What are the probabilities that the DGI will detect a good part of such
underreport?'
77 The survey was conducted for the DGI by this author and is still unpublished. The sample
was 400 audited and I5o non-audited taxpayers.
78 The literature on tax amnesties and compliance does not cast any doubt on the negative
association between these two. See Andreoni, B. Erard and J. Feinstein, 'Tax Compliance'.
Recently Das Gupta and Mokherjee, Incentives and Institutional Reform showed how repeated
tax amnesties in India weakened tax compliance.
The nature of enforcement shapes the quality of compliance. I claim that the
Tax administration's policies and enforcement in these countries has differ-
entially affected the level of compliance because, over the years, Chile has
been consistent and more successful in implementing better programmes of
enforcement, resulting in a higher level of perceived threat on the part of
taxpayers. This section describes a number of enforcement measures and
their impact upon tax compliance.
Closure of businesses
Audit effcacy
Audits are the most powerful instrument for deterrence. Good audits can
uncover tax evasion and sanction taxpayers severely. Therefore they are the
most important weapon TA's have for establishing a credible threat.
A major difference between Chile and Argentina is the role played by
audits. While in Argentina audits are conceived of as another source of
revenue, in Chile their goal is primarily to enhance compliance. For the DGI,
the only criterion of success of audits is the net revenue raised in additional
assessments. During the I980s and I990s there was no computerised selec-
tion of cases for audits, nor any rigorous comparative analysis of tax returns.
Large taxpayers were predominantly selected for audits because they could
generate additional net revenues. In 1996, the additional assessments result-
ing from I8,ooo audits raised 1.5 per cent of the total tax revenues.
In Chile the potential for additional revenues is also a criterion for audit
effectiveness, however, cases were selected only after computerised and
third-party information was processed and matched. Also, audit selection is
stratified in order to include a segment of small firms. A major advantage
of the Chilean tax administration is the massive computerised checks for
so Reported by Jorge Trujillo, Deputy director of Audits Department of SII. Interview held in
Santiago de Chile August 2, 1996. Since i990, approximately zoo part time inspectors have
been allocated to the duties of invoicing and other formalities control operations. For
Argentina see Duran & Gomez Sabaini 'Lecciones sobre reformas, fiscales en Argentina,'
and also from interview with Horacio Castagnola (see above).
consistency and accuracy of returns. Since the mid 198os the SII scrutinises
all income tax returns once a year in search of non-compliance.81 During the
198os these checks were conducted strictly in line with internal information
(i.e., information which resulted from the different returns, VAT, income,
property, etc.). In the I990s they also included external information (bank-
ing, stock exchange). Taxpayers recognised the agency's capacity to detect
formal inconsistencies and particularly the SII's ability to detect unreported
sales or overstated deductions. Although this 'Operaci6n Renta' is primarily
concerned with income tax,82 it indirectly spills over into VAT. This clearly
affects taxpayers' subjective estimation of being detected.
During the i98os and i990s there was no similar massive computerised
programme in Argentina. Cross-checks on tax returns were carried out
manually. Since less than i per cent of the returns are audited, taxpayers'
odds of being detected were very low.
Penal sanctions
S8 J. Toro, 'Selecci6n de clientes a fiscalizar'. Paper presented at the CIAT Conference, Paris
Nov 6-10 (1995).
82 Chile's income tax as a percentage of GDP is more than double that of Argentina (see
Table i). Both the tax base and the tax rates do not differ as much in order to explain such
disparity. Clearly, income tax compliance in Chile vastly exceeds the tax compliance in
Argentina. 83 Klepper and Nagin, 'Tax Compliance,' pp. 209-40.
84 M. Bergman, 'Criminal Law and Tax Compliance in Argentina: Testing the Limits
of Deterrence,' International Journal of the Sodciology ofLaw, 26 (1998), pp. 55-74.
s85 Ibid.
86 Ibid.
87 AFIP (Administraci6n Federal de Ingresos Pt~blicos). The new administration created in
1996 that included the DGI and Customs.
Concluding remarks
States are able to raise taxes and collect them effectively not only because
they legislate optimal tax policies, but also because they are able to sustain
them persistently in order to enhance tax-compliance behaviour among
taxpayers. The comparison of Argentina and Chile indicates that fiscal poli-
cies, macroeconomic conditions and electoral cycles cannot satisfactorily
account for the disparity in the ability to attain an enduring compliance on the
part of taxpayers. The construction of three different indexes has shown that
tax compliance is not only significantly different in these countries, but also
that this disparity has a profound impact on the states' public goods. Dif-
ferences in tax compliance suggest that the ability of states to collect taxes
depends on their ability to enhance voluntary compliance, which stems
greatly from their deterrence capabilities.
In the last few years, many empirical studies have shown a significant
correlation between trust, legitimacy and tax compliance. Although the di-
rection of causality is still debated, the differences between Argentina and
Chile suggest that taxpayers' attitudes towards taxes and enforcement is
significantly divergent. Tax compliance has a cultural component. However,
this should be understood as a routine behaviour which results from the
internalisation of credible threats. The dissimilar behaviour of taxpayers in
Chile and Argentina indicates that the social construction of beliefs and
expectations in each setting differs greatly.
The effects of deterrence are determined to a large extent by the objective
state's measures and mainly by the taxpayers' subjective perceptions. In
Chile, a moderately efficient tax agency was capable of fostering an image of
being able to effectively detect tax non-compliance, and enhanced a sustained
voluntary compliance behaviour in the long term. Argentina failed precisely
in its attempt to generate solid voluntary compliance because, in the long
run, a successful tax reform requires a strong and an efficient state.
APPENDIX